Texas 2025 - 89th Regular

Texas House Bill HB2300 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R8754 MCF-D
2	2	By: Lalani H.B. No. 2300
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the distribution of hookahs; creating a criminal
10	10	offense.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 161, Health and Safety Code, is amended
13	13	by adding Subchapter H-1 to read as follows:
14	14	SUBCHAPTER H-1. DISTRIBUTION OF HOOKAHS
15	15	Sec. 161.095. DEFINITIONS. In this subchapter:
16	16	(1) "Hookah" means a type of water pipe with a long
17	17	flexible tube for drawing aerosol through water and used to smoke
18	18	tobacco products, including shisha tobacco products, or
19	19	non-tobacco products.
20	20	(2) "Minor" means an individual under 21 years of age.
21	21	(3) "Retailer" means a person who engages in the
22	22	practice of selling hookahs to consumers and includes a restaurant,
23	23	bar, or cafe at which a hookah is provided for use by customers
24	24	on-site. The term includes the owner of a vending machine.
25	25	Sec. 161.096. PROHIBITED SALE OR USE OF HOOKAHS TO
26	26	INDIVIDUALS YOUNGER THAN 21 YEARS OF AGE; CRIMINAL OFFENSE; PROOF
27	27	OF AGE REQUIRED. (a) A person commits an offense if the person,
28	28	with criminal negligence:
29	29	(1) sells, gives, or provides for use at a retailer, or
30	30	causes to be sold, given, or provided for use at a retailer, a
31	31	hookah to a minor; or
32	32	(2) sells, gives, provides for use, or causes to be
33	33	sold, given, or provided for use, a hookah to another person who
34	34	intends to deliver the hookah to a minor.
35	35	(b) If an offense under this section occurs in connection
36	36	with a sale by an agent or employee of a retailer in which hookahs
37	37	are sold at retail or provided for customer use on-site, the agent
38	38	or employee is criminally responsible for the offense and is
39	39	subject to prosecution.
40	40	(c) An offense under this section is a Class C misdemeanor.
41	41	(d) It is a defense to prosecution under Subsection (a)(1)
42	42	that the individual to whom the hookah was sold, given, or provided
43	43	for use presented to the defendant an apparently valid proof of
44	44	identification.
45	45	(e) A proof of identification satisfies the requirements of
46	46	Subsection (d) if it contains a physical description and photograph
47	47	consistent with the individual's appearance, purports to establish
48	48	that the individual is 21 years of age or older, and was issued by a
49	49	governmental agency. The proof of identification may include a
50	50	driver's license issued by this state or another state, a passport,
51	51	or an identification card issued by a state or the federal
52	52	government.
53	53	(f) It is an exception to the application of Subsection
54	54	(a)(1) that the individual to whom the hookah was sold, given, or
55	55	provided:
56	56	(1) is at least 18 years of age; and
57	57	(2) presented at the time of purchase a valid military
58	58	identification card of the United States military forces or the
59	59	state military forces.
60	60	Sec. 161.097. SALE OR PROVISION OF HOOKAH TO INDIVIDUALS
61	61	YOUNGER THAN 30 YEARS OF AGE. (a) A person may not sell, give,
62	62	provide for use at a retailer, or cause to be sold, given, or
63	63	provided for use at a retailer, a hookah to an individual who is
64	64	younger than 30 years of age unless the individual to whom the
65	65	hookah was sold, given, or provided presents an apparently valid
66	66	proof of identification.
67	67	(b) An owner of a retailer shall adequately supervise and
68	68	train the retailer's agents and employees to prevent a violation of
69	69	Subsection (a).
70	70	(c) A proof of identification described by Section
71	71	161.096(e) satisfies the requirements of Subsection (a).
72	72	SECTION 2. This Act takes effect September 1, 2025.