89R9290 JTZ-F
By: Lujan H.B. No. 3787
A BILL TO BE ENTITLED
AN ACT
relating to the sale and distribution of counterfeit or unsafe
lighters; imposing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 9, Health and Safety Code, is
amended by adding Chapter 798 to read as follows:
CHAPTER 798. COUNTERFEIT AND UNSAFE LIGHTERS
Sec. 798.001. DEFINITIONS. In this chapter:
(1) "Counterfeit lighter" means a lighter made as an
imitation of a brand name lighter in violation of the intellectual
property laws of this state or of the United States.
(2) "Lighter" means any device that:
(A) operates using an electrical current or
striking mechanism and any type of hydrocarbon fuel, such as
benzene, butane, or naphtha; and
(B) produces a small flame for the purpose of
igniting a cigarette, cigar, pipe, fireplace, charcoal or gas
grill, or other apparatus.
(3) "Unsafe lighter" means:
(A) any disposable or refillable lighter that is
not in compliance with each applicable provision of the American
Society for Testing and Materials Standard F400-20, "Standard
Consumer Safety Specification for Lighters," as it existed on
January 1, 2025; or
(B) any grill or utility lighter that is not in
compliance with each applicable provision of the American Society
for Testing and Materials Standard F2201-20, "Standard Consumer
Safety Specification for Utility Lighters," as it existed on
January 1, 2025.
Sec. 798.002. PROHIBITED SALE AND DISTRIBUTION OF
COUNTERFEIT LIGHTERS AND UNSAFE LIGHTERS. A person may not sell,
distribute, or offer for sale in this state any counterfeit lighter
or unsafe lighter, including by:
(1) providing free samples; or
(2) engaging in wholesale, retail, in-person, or
online sales.
Sec. 798.003. EXCEPTION FOR INTERSTATE TRANSPORTATION AND
STORAGE OF LIGHTERS. This chapter does not prohibit:
(1) interstate transportation of counterfeit lighters
or unsafe lighters through this state; or
(2) the storage of counterfeit lighters or unsafe
lighters in a distribution center or warehouse located in this
state, provided the distribution center or warehouse is closed to
the public and does not sell or distribute the lighters to persons
in this state.
Sec. 798.004. RULES. The state fire marshal shall adopt
rules to administer this chapter.
Sec. 798.005. INSPECTION. The state fire marshal may
inspect the records and lighters in the possession of a person who
manufactures, stores, or sells the lighters to verify compliance
with this chapter.
Sec. 798.006. CIVIL PENALTY; INJUNCTION. (a) A person who
knowingly violates this chapter or a rule adopted under this
chapter is subject to a civil penalty as follows:
(1) for a manufacturer, wholesale dealer, or agent who
knowingly sells or offers to sell a counterfeit lighter or unsafe
lighter in violation of this chapter, a civil penalty not to exceed
$100 for each counterfeit or unsafe lighter sold or offered for
sale, but not more than $100,000 for all violations occurring
within a 30-day period;
(2) for a retailer who knowingly sells or offers to
sell a counterfeit lighter or unsafe lighter in violation of this
chapter, a civil penalty not to exceed $100 for each counterfeit or
unsafe lighter sold or offered for sale, but not more than $25,000
for all violations occurring within a 30-day period; and
(3) for a person who otherwise violates this chapter
or a rule or order adopted under this chapter, a civil penalty not
to exceed $1,000 for the first violation or $5,000 for each
subsequent violation.
(b) If it appears a person has violated, is violating, or is
threatening to violate this chapter or a rule or order adopted under
this chapter, the attorney general, as determined by the attorney
general or on request of the state fire marshal, may bring a civil
action in a district court for:
(1) injunctive relief to restrain the person from
continuing the violation or threat of violation;
(2) the assessment of a civil penalty; or
(3) both injunctive relief and a civil penalty.
SECTION 2. As soon as practicable after the effective date
of this Act, the state fire marshal shall adopt rules necessary to
implement the changes in law made by this Act.
SECTION 3. This Act takes effect September 1, 2025.