By: Cook, et al. 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 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:
(1) depicts a cartoon-like fictional character
primarily aimed at entertaining minors;
(2) imitates or mimics the trademarks or visual
appearance of products primarily marketed to minors;
(3) includes a symbol primarily used to market
products to minors;
(4) includes an image of a celebrity; or
(5) includes an image resembling a food product, such
as candy or juice.
(c) An offense under this section is a Class B misdemeanor.
SECTION 3. This Act takes effect September 1, 2025.