Texas 2025 - 89th Regular

Texas House Bill HB5024 Compare Versions

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

Old	New	Differences
1	1	89R15613 MCF-F
2	2	By: Hickland H.B. No. 5024
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of cigarettes and tobacco products,
10	10	including the definitions of cigarettes and tobacco products.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the Nicotine Access
13	13	Protection Act.
14	14	SECTION 2. Sections 161.081(1) and (5), Health and Safety
15	15	Code, are amended to read as follows:
16	16	(1) "Cigarette" means any product intended to be
17	17	burned or heated under ordinary conditions of use and consisting of
18	18	or containing:
19	19	(A) a roll of tobacco, herbs, or hemp wrapped in
20	20	paper or another substance that does not contain tobacco;
21	21	(B) any form of tobacco, herbs, or hemp used as a
22	22	filler in a product that, because of the product's appearance, the
23	23	type of tobacco, herbs, or hemp used as the filler, or the product's
24	24	packaging and labeling, is likely to be offered to or purchased by a
25	25	consumer as a cigarette; or
26	26	(C) a roll of tobacco, herbs, or hemp wrapped in
27	27	any substance containing tobacco that, because of the product's
28	28	appearance, the type of tobacco, herbs, or hemp used as the filler,
29	29	or the product's packaging and labeling, is likely to be offered to
30	30	or purchased by a consumer as a cigarette [has the meaning assigned
31	31	by Section 154.001, Tax Code].
32	32	(5) "Tobacco product" means any product made of or
33	33	derived from tobacco or containing nicotine, including
34	34	synthetically derived nicotine, that is intended for human
35	35	consumption. The term includes any component, part, or accessory
36	36	of the product. The term does not include raw materials, other than
37	37	tobacco, used in the manufacturing of a component, part, or
38	38	accessory of a tobacco product [has the meaning assigned by Section
39	39	155.001, Tax Code].
40	40	SECTION 3. Section 161.0815, Health and Safety Code, is
41	41	amended to read as follows:
42	42	Sec. 161.0815. NONAPPLICABILITY. This subchapter does not
43	43	apply to a product:
44	44	(1) that is:
45	45	(A) [(1)] approved by the United States Food and
46	46	Drug Administration for use in the treatment of nicotine or smoking
47	47	addiction; and
48	48	(B) [(2)] labeled with a "Drug Facts" panel in
49	49	accordance with regulations of the United States Food and Drug
50	50	Administration; or
51	51	(2) that does not contain nicotine or contains only
52	52	trace amounts of naturally occurring nicotine and constitutes:
53	53	(A) a food as defined by Section 201(f), Federal
54	54	Food, Drug, and Cosmetic Act (21 U.S.C. 321(f));
55	55	(B) a drug as defined by Section 201(g)(1),
56	56	Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1));
57	57	(C) a device as defined by Section 201(h)(1),
58	58	Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)(1)); or
59	59	(D) a combination product regulated under
60	60	Section 503(g) of the Federal Food, Drug, and Cosmetic Act (21
61	61	U.S.C. 353(g)).
62	62	SECTION 4. Sections 161.121(2) and (5), Health and Safety
63	63	Code, are amended to read as follows:
64	64	(2) "Cigarette" has the meaning assigned by Section
65	65	161.081 [154.001, Tax Code].
66	66	(5) "Tobacco product" has the meaning assigned by
67	67	Section 161.081 [155.001, Tax Code].
68	68	SECTION 5. Sections 161.251(1) and (2), Health and Safety
69	69	Code, are amended to read as follows:
70	70	(1) "Cigarette" has the meaning assigned by Section
71	71	161.081 [154.001, Tax Code].
72	72	(2) "Tobacco product" has the meaning assigned by
73	73	Section 161.081 [155.001, Tax Code].
74	74	SECTION 6. Sections 161.351(1) and (3), Health and Safety
75	75	Code, are amended to read as follows:
76	76	(1) "Cigarette" has the meaning assigned by Section
77	77	161.081 [154.001, Tax Code].
78	78	(3) "Tobacco product" has the meaning assigned by
79	79	Section 161.081 [155.001, Tax Code].
80	80	SECTION 7. This Act takes effect September 1, 2025.