| 1 | 1 | | 89R15189 MCF-F |
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| 2 | 2 | | By: Leach H.B. No. 5053 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a prohibition on marketing, advertising, or selling |
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| 10 | 10 | | certain e-cigarette products; creating a criminal offense. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 161.0876(b), Health and Safety Code, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (b) A person commits an offense if the person markets, |
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| 15 | 15 | | advertises, sells, or causes to be sold an e-cigarette product: |
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| 16 | 16 | | (1) in a product [, if the product's] container that: |
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| 17 | 17 | | (A) [(1)] depicts a cartoon-like fictional |
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| 18 | 18 | | character that mimics a character primarily aimed at entertaining |
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| 19 | 19 | | minors; |
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| 20 | 20 | | (B) [(2)] imitates or mimics trademarks or trade |
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| 21 | 21 | | dress of products that are or have been primarily marketed to |
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| 22 | 22 | | minors; |
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| 23 | 23 | | (C) [(3)] includes a symbol that is primarily |
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| 24 | 24 | | used to market products to minors; |
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| 25 | 25 | | (D) [(4)] includes an image of a celebrity; or |
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| 26 | 26 | | (E) [(5)] includes an image that resembles a food |
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| 27 | 27 | | product, including candy or juice; |
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| 28 | 28 | | (2) in a product shape or design disguised to appear as |
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| 29 | 29 | | an alternative product, including a product in the shape or design |
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| 30 | 30 | | of: |
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| 31 | 31 | | (A) a school or office supply, such as a |
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| 32 | 32 | | highlighter, marker, ink pen, or pencil; |
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| 33 | 33 | | (B) a smart phone, smart watch, smart phone case, |
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| 34 | 34 | | or smart watch case; |
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| 35 | 35 | | (C) headphones, including ear buds; |
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| 36 | 36 | | (D) clothing; |
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| 37 | 37 | | (E) a backpack; |
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| 38 | 38 | | (F) a cosmetic, including lipstick; or |
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| 39 | 39 | | (G) a toy; or |
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| 40 | 40 | | (3) that was manufactured in China. |
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| 41 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 42 | 42 | | to an offense committed on or after the effective date of this Act. |
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| 43 | 43 | | An offense committed before the effective date of this Act is |
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| 44 | 44 | | governed by the law in effect on the date the offense was committed, |
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| 45 | 45 | | and the former law is continued in effect for that purpose. For |
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| 46 | 46 | | purposes of this section, an offense was committed before the |
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| 47 | 47 | | effective date of this Act if any element of the offense occurred |
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| 48 | 48 | | before that date. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2025. |
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