Texas 2025 - 89th Regular

Texas Senate Bill SB1182 Compare Versions

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

Old	New	Differences
1	1	89R4826 JTZ-D
2	2	By: Alvarado S.B. No. 1182
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the sale or transfer of flavored cigarettes,
10	10	e-cigarettes, and tobacco products and to certain cigarette or
11	11	tobacco product advertising.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 161.081(1-a)(A), Health and Safety Code,
14	14	is amended to read as follows:
15	15	(1-a) (A) "E-cigarette" means:
16	16	(i) an electronic cigarette or any other
17	17	device that simulates smoking by using a mechanical heating
18	18	element, battery, or electronic circuit to deliver nicotine or
19	19	other substances to the individual inhaling from the device; or
20	20	(ii) a consumable liquid solution or other
21	21	material aerosolized or vaporized during the use of an electronic
22	22	cigarette or other device described by this subdivision, regardless
23	23	of whether the liquid or other material contains nicotine.
24	24	SECTION 2. Chapter 161, Health and Safety Code, is amended
25	25	by adding Subchapter I to read as follows:
26	26	SUBCHAPTER I. FLAVORED CIGARETTES, E-CIGARETTES, AND TOBACCO
27	27	PRODUCTS
28	28	Sec. 161.095. DEFINITIONS. In this subchapter:
29	29	(1) "Cigarette" has the meaning assigned by Section
30	30	154.001, Tax Code.
31	31	(2) "E-cigarette" has the meaning assigned by Section
32	32	161.081.
33	33	(3) "Tobacco product" has the meaning assigned by
34	34	Section 155.001, Tax Code.
35	35	Sec. 161.096. PROHIBITED SALE OF FLAVORED CIGARETTES,
36	36	E-CIGARETTES, OR TOBACCO PRODUCTS. (a) A person may not sell,
37	37	give, or cause to be sold or given a cigarette, e-cigarette, or
38	38	tobacco product with a distinguishable taste or aroma other than
39	39	the taste or aroma of tobacco, including the aroma or taste of:
40	40	(1) an alcoholic beverage;
41	41	(2) candy or dessert;
42	42	(3) chocolate, cocoa, or vanilla;
43	43	(4) fruit;
44	44	(5) an herb or spice;
45	45	(6) honey;
46	46	(7) mint or wintergreen; or
47	47	(8) menthol.
48	48	(b) There is a rebuttable presumption that a cigarette,
49	49	e-cigarette, or tobacco product has a distinguishable taste or
50	50	aroma prohibited under Subsection (a) if a person:
51	51	(1) publicly states or claims the cigarette,
52	52	e-cigarette, or tobacco product imparts a taste or smell other than
53	53	the taste or smell of tobacco;
54	54	(2) uses text or images on the labeling or packaging of
55	55	the cigarette, e-cigarette, or tobacco product to indicate the
56	56	cigarette, e-cigarette, or tobacco product imparts a taste or smell
57	57	other than the taste or smell of tobacco; or
58	58	(3) performs another act directed at consumers that
59	59	would reasonably be expected to cause consumers to believe the
60	60	cigarette, e-cigarette, or tobacco product imparts a taste or smell
61	61	other than the taste or smell of tobacco.
62	62	Sec. 161.097. ENFORCEMENT OF SUBCHAPTER. A person who
63	63	violates this subchapter is subject to disciplinary action under
64	64	Section 161.0901 as if the person violated Subchapter H.
65	65	SECTION 3. Subchapter K, Chapter 161, Health and Safety
66	66	Code, is amended by adding Section 161.126 to read as follows:
67	67	Sec. 161.126. DISCIPLINARY ACTION. A person who violates
68	68	this subchapter is subject to disciplinary action under Section
69	69	161.0901 as if the person violated Subchapter H.
70	70	SECTION 4. Sections 161.097 and 161.126, Health and Safety
71	71	Code, as added by this Act, apply only to a violation that occurs on
72	72	or after the effective date of this Act.
73	73	SECTION 5. This Act takes effect September 1, 2025.