BILL ANALYSIS Senate Research Center C.S.S.B. 1313 89R21798 MCF-F By: Cook State Affairs 3/31/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT E-cigarette and tobacco retailers employ predatory advertisement tactics to entice minors to enter their stores and purchase cigarettes, e-cigarettes, and other harmful tobacco products. These tactics include employing retailer logos, outdoor signage with dynamic lighting, and cartoon-like images that appeal to minors. Additionally, retailers model their store's outdoor aesthetics to resemble clubs and arcades that quickly draw the attention of minors, mainly if these stores operate near schools. S.B. 1313 prohibits retailers from employing logos, outdoor signage, and design marks that depict cartoon-like images, visuals of products appealing to minors, or images resembling food products to market e-cigarettes and other tobacco products. Additionally, the legislation prohibits retailers from using exterior decorative components that bear a passing resemblance to a club or game room. Any violation of these prohibitions is a Class B misdemeanor. (Original Author's/Sponsor's Statement of Intent) C.S.S.B. 1313 amends current law relating to prohibited signs, logos, and designs in advertising or marketing cigarettes, e-cigarettes, or other tobacco products and creates a criminal offense. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends the heading to Subchapter K, Chapter 161, Health and Safety Code, to read as follows: SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE, E-CIGARETTE, OR TOBACCO PRODUCT ADVERTISING; FEE SECTION 2. Amends Subchapter K, Chapter 161, Health and Safety Code, by adding Section 161.124, as follows: Sec. 161.124. PROHIBITED IMAGES AND SIGNAGE; CRIMINAL OFFENSE. (a) Defines "e-cigarette" and "retailer." (b) Provides that a retailer commits an offense if the retailer 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 depicts, imitates, mimics, or includes certain images or trademarks. (c) Provides that an offense under this section is a Class B misdemeanor. SECTION 3. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 1313
89R21798 MCF-F By: Cook
State Affairs
3/31/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 1313
89R21798 MCF-F
By: Cook
State Affairs
3/31/2025
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
E-cigarette and tobacco retailers employ predatory advertisement tactics to entice minors to enter their stores and purchase cigarettes, e-cigarettes, and other harmful tobacco products. These tactics include employing retailer logos, outdoor signage with dynamic lighting, and cartoon-like images that appeal to minors. Additionally, retailers model their store's outdoor aesthetics to resemble clubs and arcades that quickly draw the attention of minors, mainly if these stores operate near schools.
S.B. 1313 prohibits retailers from employing logos, outdoor signage, and design marks that depict cartoon-like images, visuals of products appealing to minors, or images resembling food products to market e-cigarettes and other tobacco products. Additionally, the legislation prohibits retailers from using exterior decorative components that bear a passing resemblance to a club or game room. Any violation of these prohibitions is a Class B misdemeanor.
(Original Author's/Sponsor's Statement of Intent)
C.S.S.B. 1313 amends current law relating to prohibited signs, logos, and designs in advertising or marketing cigarettes, e-cigarettes, or other tobacco products and creates a criminal offense.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading to Subchapter K, Chapter 161, Health and Safety Code, to read as follows:
SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE, E-CIGARETTE, OR TOBACCO PRODUCT ADVERTISING; FEE
SECTION 2. Amends Subchapter K, Chapter 161, Health and Safety Code, by adding Section 161.124, as follows:
Sec. 161.124. PROHIBITED IMAGES AND SIGNAGE; CRIMINAL OFFENSE. (a) Defines "e-cigarette" and "retailer."
(b) Provides that a retailer commits an offense if the retailer 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 depicts, imitates, mimics, or includes certain images or trademarks.
(c) Provides that an offense under this section is a Class B misdemeanor.
SECTION 3. Effective date: September 1, 2025.