Texas House Bill HB238

Texas 2025 - 89th 1st C.S.

• Filed: 7/31/25

Caption

Relating to the distribution of hookahs; creating a criminal offense.

Impact

If enacted, HB238 will modify the Health and Safety Code by adding a new subchapter dedicated to the distribution of hookahs. This represents a significant step in state law, creating a clear legal framework to govern the sale of these items. Retailers will be required to enforce strict age verification measures to avoid prosecution, which may lead to changes in how establishments equipped with hookah services operate regarding their clientele. This regulatory impact could also extend to changes in enforcement practices and penalties within the healthcare framework as it pertains to youth and tobacco usage.

Summary

House Bill 238 aims to regulate the distribution of hookahs by establishing age restrictions and creating new criminal offenses associated with their sale. The bill specifically prohibits the sale, gift, or provision of hookahs to individuals under the age of 21, categorizing such actions as a Class C misdemeanor. This legislation seeks to mitigate the potential health risks tied to hookah use among minors and is a concerted effort by the legislature to address tobacco consumption in the state.

Contention

Debate surrounding HB238 may arise from concerns regarding its implications for personal freedom and business operations. Retailers may argue that the bill imposes excessive restrictions which could hurt their sales and customer base. On the other hand, public health advocates support the bill, emphasizing the need to protect youth from the risks associated with tobacco and hookah usage. The balance between regulating health risks and maintaining business interests will likely be a focal point of contention in discussions about this proposed legislation.

Texas Constitutional Statutes Affected

Health And Safety Code

• Chapter 161. Public Health Provisions
  • Section: New Section