89R15613 MCF-F
By: Hickland H.B. No. 5024
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of cigarettes and tobacco products,
including the definitions of cigarettes and tobacco products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Nicotine Access
Protection Act.
SECTION 2. Sections 161.081(1) and (5), Health and Safety
Code, are amended to read as follows:
(1) "Cigarette" means any product intended to be
burned or heated under ordinary conditions of use and consisting of
or containing:
(A) a roll of tobacco, herbs, or hemp wrapped in
paper or another substance that does not contain tobacco;
(B) any form of tobacco, herbs, or hemp used as a
filler in a product that, because of the product's appearance, the
type of tobacco, herbs, or hemp used as the filler, or the product's
packaging and labeling, is likely to be offered to or purchased by a
consumer as a cigarette; or
(C) a roll of tobacco, herbs, or hemp wrapped in
any substance containing tobacco that, because of the product's
appearance, the type of tobacco, herbs, or hemp used as the filler,
or the product's packaging and labeling, is likely to be offered to
or purchased by a consumer as a cigarette [has the meaning assigned
by Section 154.001, Tax Code].
(5) "Tobacco product" means any product made of or
derived from tobacco or containing nicotine, including
synthetically derived nicotine, that is intended for human
consumption. The term includes any component, part, or accessory
of the product. The term does not include raw materials, other than
tobacco, used in the manufacturing of a component, part, or
accessory of a tobacco product [has the meaning assigned by Section
155.001, Tax Code].
SECTION 3. Section 161.0815, Health and Safety Code, is
amended to read as follows:
Sec. 161.0815. NONAPPLICABILITY. This subchapter does not
apply to a product:
(1) that is:
(A) [(1)] approved by the United States Food and
Drug Administration for use in the treatment of nicotine or smoking
addiction; and
(B) [(2)] labeled with a "Drug Facts" panel in
accordance with regulations of the United States Food and Drug
Administration; or
(2) that does not contain nicotine or contains only
trace amounts of naturally occurring nicotine and constitutes:
(A) a food as defined by Section 201(f), Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(f));
(B) a drug as defined by Section 201(g)(1),
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1));
(C) a device as defined by Section 201(h)(1),
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)(1)); or
(D) a combination product regulated under
Section 503(g) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353(g)).
SECTION 4. Sections 161.121(2) and (5), Health and Safety
Code, are amended to read as follows:
(2) "Cigarette" has the meaning assigned by Section
161.081 [154.001, Tax Code].
(5) "Tobacco product" has the meaning assigned by
Section 161.081 [155.001, Tax Code].
SECTION 5. Sections 161.251(1) and (2), Health and Safety
Code, are amended to read as follows:
(1) "Cigarette" has the meaning assigned by Section
161.081 [154.001, Tax Code].
(2) "Tobacco product" has the meaning assigned by
Section 161.081 [155.001, Tax Code].
SECTION 6. Sections 161.351(1) and (3), Health and Safety
Code, are amended to read as follows:
(1) "Cigarette" has the meaning assigned by Section
161.081 [154.001, Tax Code].
(3) "Tobacco product" has the meaning assigned by
Section 161.081 [155.001, Tax Code].
SECTION 7. This Act takes effect September 1, 2025.