89R10182 MCF-F
By: Cook S.B. No. 1313
A BILL TO BE ENTITLED
AN ACT
relating to prohibited signs, logos, and designs in advertising or
marketing cigarettes, e-cigarettes, or other tobacco products;
creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter K, Chapter 161, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE,
E-CIGARETTE, OR TOBACCO PRODUCT ADVERTISING; FEE
SECTION 2. Subchapter K, Chapter 161, Health and Safety
Code, is amended by adding Section 161.124 to read as follows:
Sec. 161.124. PROHIBITED IMAGES AND SIGNAGE; CRIMINAL
OFFENSE. (a) In this section, "e-cigarette" and "retailer" have
the meanings assigned by Section 161.081.
(b) A retailer commits an offense if the retailer:
(1) uses in any manner related to the retailer's
marketing, advertising, or sale of cigarettes, e-cigarettes, or
tobacco products a sign, logo, or other design mark that:
(A) depicts a cartoon-like fictional character
primarily aimed at entertaining minors;
(B) imitates or mimics the trademarks or visual
appearance of products primarily marketed to minors;
(C) includes a symbol primarily used to market
products to minors;
(D) includes an image of a celebrity; or
(E) includes an image resembling a food product,
such as candy or juice; or
(2) uses decorative components, including signs,
graphics, animation, or dynamic lighting, in a manner that presents
the exterior of the retailer's premises with a visual appearance of
a nightclub or a game room as defined by Section 234.131, Local
Government Code.
(c) An offense under this section is a Class B misdemeanor.
SECTION 3. This Act takes effect September 1, 2025.