Texas 2025 - 89th Regular

Texas House Bill HB3787 Compare Versions

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

Old	New	Differences
1	1	89R9290 JTZ-F
2	2	By: Lujan H.B. No. 3787
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the sale and distribution of counterfeit or unsafe
10	10	lighters; imposing a civil penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 9, Health and Safety Code, is
13	13	amended by adding Chapter 798 to read as follows:
14	14	CHAPTER 798. COUNTERFEIT AND UNSAFE LIGHTERS
15	15	Sec. 798.001. DEFINITIONS. In this chapter:
16	16	(1) "Counterfeit lighter" means a lighter made as an
17	17	imitation of a brand name lighter in violation of the intellectual
18	18	property laws of this state or of the United States.
19	19	(2) "Lighter" means any device that:
20	20	(A) operates using an electrical current or
21	21	striking mechanism and any type of hydrocarbon fuel, such as
22	22	benzene, butane, or naphtha; and
23	23	(B) produces a small flame for the purpose of
24	24	igniting a cigarette, cigar, pipe, fireplace, charcoal or gas
25	25	grill, or other apparatus.
26	26	(3) "Unsafe lighter" means:
27	27	(A) any disposable or refillable lighter that is
28	28	not in compliance with each applicable provision of the American
29	29	Society for Testing and Materials Standard F400-20, "Standard
30	30	Consumer Safety Specification for Lighters," as it existed on
31	31	January 1, 2025; or
32	32	(B) any grill or utility lighter that is not in
33	33	compliance with each applicable provision of the American Society
34	34	for Testing and Materials Standard F2201-20, "Standard Consumer
35	35	Safety Specification for Utility Lighters," as it existed on
36	36	January 1, 2025.
37	37	Sec. 798.002. PROHIBITED SALE AND DISTRIBUTION OF
38	38	COUNTERFEIT LIGHTERS AND UNSAFE LIGHTERS. A person may not sell,
39	39	distribute, or offer for sale in this state any counterfeit lighter
40	40	or unsafe lighter, including by:
41	41	(1) providing free samples; or
42	42	(2) engaging in wholesale, retail, in-person, or
43	43	online sales.
44	44	Sec. 798.003. EXCEPTION FOR INTERSTATE TRANSPORTATION AND
45	45	STORAGE OF LIGHTERS. This chapter does not prohibit:
46	46	(1) interstate transportation of counterfeit lighters
47	47	or unsafe lighters through this state; or
48	48	(2) the storage of counterfeit lighters or unsafe
49	49	lighters in a distribution center or warehouse located in this
50	50	state, provided the distribution center or warehouse is closed to
51	51	the public and does not sell or distribute the lighters to persons
52	52	in this state.
53	53	Sec. 798.004. RULES. The state fire marshal shall adopt
54	54	rules to administer this chapter.
55	55	Sec. 798.005. INSPECTION. The state fire marshal may
56	56	inspect the records and lighters in the possession of a person who
57	57	manufactures, stores, or sells the lighters to verify compliance
58	58	with this chapter.
59	59	Sec. 798.006. CIVIL PENALTY; INJUNCTION. (a) A person who
60	60	knowingly violates this chapter or a rule adopted under this
61	61	chapter is subject to a civil penalty as follows:
62	62	(1) for a manufacturer, wholesale dealer, or agent who
63	63	knowingly sells or offers to sell a counterfeit lighter or unsafe
64	64	lighter in violation of this chapter, a civil penalty not to exceed
65	65	$100 for each counterfeit or unsafe lighter sold or offered for
66	66	sale, but not more than $100,000 for all violations occurring
67	67	within a 30-day period;
68	68	(2) for a retailer who knowingly sells or offers to
69	69	sell a counterfeit lighter or unsafe lighter in violation of this
70	70	chapter, a civil penalty not to exceed $100 for each counterfeit or
71	71	unsafe lighter sold or offered for sale, but not more than $25,000
72	72	for all violations occurring within a 30-day period; and
73	73	(3) for a person who otherwise violates this chapter
74	74	or a rule or order adopted under this chapter, a civil penalty not
75	75	to exceed $1,000 for the first violation or $5,000 for each
76	76	subsequent violation.
77	77	(b) If it appears a person has violated, is violating, or is
78	78	threatening to violate this chapter or a rule or order adopted under
79	79	this chapter, the attorney general, as determined by the attorney
80	80	general or on request of the state fire marshal, may bring a civil
81	81	action in a district court for:
82	82	(1) injunctive relief to restrain the person from
83	83	continuing the violation or threat of violation;
84	84	(2) the assessment of a civil penalty; or
85	85	(3) both injunctive relief and a civil penalty.
86	86	SECTION 2. As soon as practicable after the effective date
87	87	of this Act, the state fire marshal shall adopt rules necessary to
88	88	implement the changes in law made by this Act.
89	89	SECTION 3. This Act takes effect September 1, 2025.