Texas 2023 - 88th Regular

Texas Senate Bill SB339

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to taxation of electronic nicotine delivery system vapor products and related transactions; imposing taxes.

Impact

By imposing a tax on vapor products, SB339 may significantly influence the retail landscape surrounding these products in Texas. It effectively aligns the taxation of vapor products with similar goods under existing sales tax laws, thereby simplifying compliance for retailers. Furthermore, the tax is anticipated to generate additional revenue for the state, which could be allocated toward public health initiatives aimed at educating consumers about the risks associated with vaping and smoking.

Summary

SB339 introduces a new taxation framework specifically targeting electronic nicotine delivery systems (ENDS), including vapor products sold within the state of Texas. The bill mandates a 1.5% sales tax on vapor products and related transactions, broadening the state's existing tax structure to encompass these products which have gained popularity in recent years. As a result, this legislation aims not only to generate state revenue but also to reflect changing consumption habits that prioritize electronic substitutes over traditional tobacco products.

Sentiment

The overall sentiment around SB339 has been mixed among legislators and stakeholders. Proponents view the tax as a necessary step toward regulating a product that poses potential health risks, paralleling existing regulations on tobacco products. They argue that this measure is essential for public health, as it may deter use among younger populations. Opponents, however, have expressed concerns that taxing vapor products could inadvertently push consumers back to traditional cigarettes, which are not subject to the same level of scrutiny regarding their health implications.

Contention

A key point of contention lies in the broader implications of the tax on consumer behavior and public health outcomes. Critics argue that the taxation might lead to unintended consequences, such as reducing access for users who have transitioned to less harmful alternatives. The bill highlights the ongoing debate concerning legislative approaches to managing the public health aspect of nicotine consumption, juxtaposing fiscal motivations against health risks and consumer choice.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 1. General Provisions
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB3364

Relating to sales and use taxes on electronic nicotine delivery system vapor products; imposing taxes.

TX HB07275

An Act Concerning The Regulation Of Cigarettes, Electronic Nicotine Delivery Systems And Vapor Products.

TX HB06488

An Act Concerning Cigarettes, Tobacco Products, Electronic Nicotine Delivery Systems And Vapor Products.

TX HB07200

An Act Prohibiting The Sale Of Cigarettes, Tobacco Products, Electronic Nicotine Delivery Systems And Vapor Products To Persons Under Age Twenty-one.

TX SB00326

An Act Concerning The Sale Of Certain Electronic Nicotine Delivery Systems, Vapor Products, Cigarettes And Tobacco Products.

TX HB06283

An Act Regulating Electronic Nicotine Delivery Systems And Vapor Products.

TX SB00076

An Act Prohibiting The Sale Of Flavored Cigarettes, Tobacco Products, Electronic Nicotine Delivery Systems And Vapor Products.

TX SB1712

Relating to sales and use taxes on e-cigarettes and nicotine products; imposing taxes.

TX SB00139

An Act Concerning The Use Of Electronic Nicotine Delivery Systems And Vapor Products By Children.

TX SB00290

An Act Concerning The Sale And Purchase Of Tobacco Products, Electronic Nicotine Delivery Systems And Vapor Products And Signage Concerning The Use Of Such Products And Systems.

Similar Bills

CA AB618

Transactions and use taxes: City of Scotts Valley: City of Emeryville.

CA AB3259

Transactions and use taxes: City of Campbell: City of Pinole: County of Solano.

CA SB319

Criminal justice statistics: reporting.

CA AB2598

Crimes: money laundering.

CA SB703

Transactions and use taxes: Counties of Alameda and Santa Clara and City of Santa Fe Springs.

CA AB2443

Transactions and use taxes: Cities of Lancaster, Palmdale, and Victorville.

CA SB152

Transactions and use taxes: County of Sonoma.

CA SB335

Transactions and use taxes: County of Santa Clara.