Texas 2023 - 88th Regular

Texas Senate Bill SB920 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Alvarado S.B. No. 920
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the prohibited sale of flavored cigarettes, e-
7	7	cigarettes, and tobacco products and administrative penalties for
8	8	the prohibited sales.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 161.081(1-a), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(1-a) "E-cigarette" means an electronic cigarette or
13	13	any other device that simulates smoking by using a mechanical
14	14	heating element, battery, or electronic circuit to deliver nicotine
15	15	or other substances to the individual inhaling from the device or a
16	16	consumable liquid solution or other material aerosolized or
17	17	vaporized during the use of an electronic cigarette or other device
18	18	described by this subdivision, regardless of whether the liquid or
19	19	other material contains nicotine. The term does not include a
20	20	prescription medical device unrelated to the cessation of smoking.
21	21	The term includes:
22	22	(A) a device described by this subdivision
23	23	regardless of whether the device is manufactured, distributed, or
24	24	sold as an e-cigarette, e-cigar, or e-pipe or under another product
25	25	name or description; and
26	26	(B) a component, part, or accessory for the
27	27	device, regardless of whether the component, part, or accessory is
28	28	sold separately from the device.
29	29	SECTION 2. Section 161.0901, Health and Safety Code, is
30	30	amended to read as follows:
31	31	(a) A retailer is subject to disciplinary action as provided
32	32	by this section if an agent or employee of the retailer commits an
33	33	offense under this subchapter, Subchapter I, or Subchapter K.
34	34	(b) If the comptroller finds, after notice and an opportunity
35	35	for a hearing as provided by Chapter 2001, Government Code, that a
36	36	permit holder has violated this subchapter, Subchapter I, or
37	37	Subchapter K at a place of business for which a permit is issued,
38	38	the comptroller may suspend the permit for that place of business
39	39	and administratively assess a fine as follows:
40	40	(1) for the first violation of this subchapter,
41	41	Subchapter I, or Subchapter K during the 24-month period preceding
42	42	the violation at that place of business, the comptroller may
43	43	require the permit holder to pay a fine in an amount not to exceed
44	44	$1,000;
45	45	(2) for the second violation of this subchapter,
46	46	Subchapter I, or Subchapter K during the 24-month period preceding
47	47	the most recent violation at that place of business, the
48	48	comptroller may require the permit holder to pay a fine in an amount
49	49	not to exceed $2,000; and
50	50	(3) for the third violation of this subchapter,
51	51	Subchapter I, or Subchapter K during the 24-month period preceding
52	52	the most recent violation at that place of business, the
53	53	comptroller may:
54	54	(A) require the permit holder to pay a fine in an
55	55	amount not to exceed $3,000; and
56	56	(B) suspend the permit for that place of business
57	57	for not more than five days.
58	58	(c) Except as provided by Subsection (e), for the fourth or a
59	59	subsequent violation of this subchapter, Subchapter I, or
60	60	Subchapter K during the 24-month period preceding the most recent
61	61	violation at that place of business, the comptroller shall revoke
62	62	the permit issued under Chapter 147 of this code or Chapter 154 or
63	63	155, Tax Code, as applicable. If the permit holder does not hold a
64	64	permit under Chapter 147 of this code or Chapter 154 or 155, Tax
65	65	Code, the comptroller shall revoke the permit issued under Section
66	66	151.201, Tax Code.
67	67	(e) For purposes of this section, the comptroller may
68	68	suspend a permit for a place of business but may not revoke the
69	69	permit under Subsection (c) if the comptroller finds that:
70	70	(1) the permit holder has not violated this subchapter,
71	71	Subchapter I, or Subchapter K more than seven times at the place of
72	72	business in the 48-month period preceding the violation in
73	73	question;
74	74	SECTION 3. Chapter 161, Health and Safety Code, is amended
75	75	by adding Subchapter I to read as follows:
76	76	SUBCHAPTER I. FLAVORED CIGARETTES, E-CIGARETTES, AND TOBACCO
77	77	PRODUCTS
78	78	Sec. 161.095 DEFINITIONS. In this subchapter:
79	79	(1) "Cigarette" has the meaning assigned by Section
80	80	154.001, Tax Code.
81	81	(2) "E-cigarette" has the meaning assigned by Section
82	82	161.081.
83	83	(3) "Tobacco product" has the meaning assigned by
84	84	Section 155.001, Tax Code.
85	85	Sec. 161.096. SALE OF FLAVORED CIGARETTES, E-CIGARETTES, OR
86	86	TOBACCO PRODUCTS PROHIBITED. (a) A person may not sell, give, or
87	87	cause to be sold or given a cigarette, e-cigarette, or tobacco
88	88	product with a distinguishable taste or aroma other than the taste
89	89	or aroma of tobacco, including the aroma or taste of:
90	90	(1) an alcoholic beverage;
91	91	(2) candy or dessert;
92	92	(3) chocolate, cocoa, or vanilla;
93	93	(4) fruit;
94	94	(5) an herb or spice;
95	95	(6) honey;
96	96	(7) menthol; or
97	97	(8) mint or wintergreen.
98	98	(b) There is a rebuttable presumption that a cigarette,
99	99	e-cigarette, or tobacco product has a distinguishable taste or
100	100	aroma prohibited under Subsection (a) if a person:
101	101	(1) makes a public statement or claim that the cigarette,
102	102	e-cigarette, or tobacco product imparts a taste or smell other than
103	103	the taste or smell of tobacco;
104	104	(2) uses text or images on the labeling or packaging of the
105	105	cigarette, e-cigarette, or tobacco product to indicate the product
106	106	imparts a taste or smell other than the taste or smell of tobacco;
107	107	or
108	108	(3) takes other action directed at consumers that would
109	109	reasonably be expected to cause consumers to believe the cigarette,
110	110	e-cigarette, or tobacco product imparts a taste or smell other than
111	111	the taste or smell of tobacco.
112	112	SECTION 4. Section 161.0901, Health and Safety Code, as
113	113	amended by this Act, applies only to a violation that occurs on or
114	114	after the effective date of this Act. A violation that occurs
115	115	before the effective date of this Act is governed by the law in
116	116	effect on the date the violation occurred, and the former law is
117	117	continued in effect for that purpose.
118	118	SECTION 5. This Act takes effect September 1, 2023.