89R4826 JTZ-D
By: Alvarado S.B. No. 1182
A BILL TO BE ENTITLED
AN ACT
relating to the sale or transfer of flavored cigarettes,
e-cigarettes, and tobacco products and to certain cigarette or
tobacco product advertising.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.081(1-a)(A), Health and Safety Code,
is amended to read as follows:
(1-a) (A) "E-cigarette" means:
(i) an electronic cigarette or any other
device that simulates smoking by using a mechanical heating
element, battery, or electronic circuit to deliver nicotine or
other substances to the individual inhaling from the device; or
(ii) a consumable liquid solution or other
material aerosolized or vaporized during the use of an electronic
cigarette or other device described by this subdivision, regardless
of whether the liquid or other material contains nicotine.
SECTION 2. Chapter 161, Health and Safety Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. FLAVORED CIGARETTES, E-CIGARETTES, AND TOBACCO
PRODUCTS
Sec. 161.095. DEFINITIONS. In this subchapter:
(1) "Cigarette" has the meaning assigned by Section
154.001, Tax Code.
(2) "E-cigarette" has the meaning assigned by Section
161.081.
(3) "Tobacco product" has the meaning assigned by
Section 155.001, Tax Code.
Sec. 161.096. PROHIBITED SALE OF FLAVORED CIGARETTES,
E-CIGARETTES, OR TOBACCO PRODUCTS. (a) A person may not sell,
give, or cause to be sold or given a cigarette, e-cigarette, or
tobacco product with a distinguishable taste or aroma other than
the taste or aroma of tobacco, including the aroma or taste of:
(1) an alcoholic beverage;
(2) candy or dessert;
(3) chocolate, cocoa, or vanilla;
(4) fruit;
(5) an herb or spice;
(6) honey;
(7) mint or wintergreen; or
(8) menthol.
(b) There is a rebuttable presumption that a cigarette,
e-cigarette, or tobacco product has a distinguishable taste or
aroma prohibited under Subsection (a) if a person:
(1) publicly states or claims the cigarette,
e-cigarette, or tobacco product imparts a taste or smell other than
the taste or smell of tobacco;
(2) uses text or images on the labeling or packaging of
the cigarette, e-cigarette, or tobacco product to indicate the
cigarette, e-cigarette, or tobacco product imparts a taste or smell
other than the taste or smell of tobacco; or
(3) performs another act directed at consumers that
would reasonably be expected to cause consumers to believe the
cigarette, e-cigarette, or tobacco product imparts a taste or smell
other than the taste or smell of tobacco.
Sec. 161.097. ENFORCEMENT OF SUBCHAPTER. A person who
violates this subchapter is subject to disciplinary action under
Section 161.0901 as if the person violated Subchapter H.
SECTION 3. Subchapter K, Chapter 161, Health and Safety
Code, is amended by adding Section 161.126 to read as follows:
Sec. 161.126. DISCIPLINARY ACTION. A person who violates
this subchapter is subject to disciplinary action under Section
161.0901 as if the person violated Subchapter H.
SECTION 4. Sections 161.097 and 161.126, Health and Safety
Code, as added by this Act, apply only to a violation that occurs on
or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2025.