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| 2 | + | (In the Senate - Filed February 14, 2025; |
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| 3 | + | February 28, 2025, read first time and referred to Committee on |
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| 4 | + | State Affairs; April 7, 2025, reported adversely, with favorable |
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| 5 | + | Committee Substitute by the following vote: Yeas 10, Nays 0; |
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| 6 | + | April 7, 2025, sent to printer.) |
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| 7 | + | Click here to see the committee vote |
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| 8 | + | COMMITTEE SUBSTITUTE FOR S.B. No. 1313 By: Zaffirini |
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| 4 | 9 | | |
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| 5 | 10 | | |
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| 6 | 11 | | A BILL TO BE ENTITLED |
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| 7 | 12 | | AN ACT |
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| 8 | 13 | | relating to prohibited signs, logos, and designs in advertising or |
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| 9 | 14 | | marketing cigarettes, e-cigarettes, or other tobacco products; |
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| 10 | 15 | | creating a criminal offense. |
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| 11 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 17 | | SECTION 1. The heading to Subchapter K, Chapter 161, Health |
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| 13 | 18 | | and Safety Code, is amended to read as follows: |
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| 14 | 19 | | SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE, |
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| 15 | 20 | | E-CIGARETTE, OR TOBACCO PRODUCT ADVERTISING; FEE |
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| 16 | 21 | | SECTION 2. Subchapter K, Chapter 161, Health and Safety |
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| 17 | 22 | | Code, is amended by adding Section 161.124 to read as follows: |
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| 18 | 23 | | Sec. 161.124. PROHIBITED IMAGES AND SIGNAGE; CRIMINAL |
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| 19 | 24 | | OFFENSE. (a) In this section, "e-cigarette" and "retailer" have |
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| 20 | 25 | | the meanings assigned by Section 161.081. |
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| 21 | 26 | | (b) A retailer commits an offense if the retailer uses in |
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| 22 | 27 | | any manner related to the retailer's marketing, advertising, or |
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| 23 | 28 | | sale of cigarettes, e-cigarettes, or tobacco products a sign, logo, |
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| 24 | 29 | | or other design mark that: |
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| 25 | 30 | | (1) depicts a cartoon-like fictional character |
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| 26 | 31 | | primarily aimed at entertaining minors; |
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| 27 | 32 | | (2) imitates or mimics the trademarks or visual |
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| 28 | 33 | | appearance of products primarily marketed to minors; |
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| 29 | 34 | | (3) includes a symbol primarily used to market |
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| 30 | 35 | | products to minors; |
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| 31 | 36 | | (4) includes an image of a celebrity; or |
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| 32 | 37 | | (5) includes an image resembling a food product, such |
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| 33 | 38 | | as candy or juice. |
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| 34 | 39 | | (c) An offense under this section is a Class B misdemeanor. |
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| 35 | 40 | | SECTION 3. This Act takes effect September 1, 2025. |
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