BILL ANALYSIS Senate Research Center S.B. 1314 89R5733 MCF-F By: Cook State Affairs 3/28/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT In the 2024 National Youth Tobacco Survey, more than 2.25 million high school and middle schoolers answered that they use e-cigarette products. The Texas Legislature, understanding the widespread usage of e-cigarettes among minors, passed H.B. 4758 (88R), which criminalized the sale of e-cigarettes with packaging that appeals to minors. H.B. 4758 prohibited e-cigarette containers from using cartoon-like characters, celebrity images, or images that resemble food products. However, the definition of e-cigarettes for this section only includes substances containing nicotine, thus excluding nicotine-free vapes, which can also be harmful to minors. Nicotine-free vapes contain toxic chemicals, flavorings, and additives like formaldehyde and acrolein that are harmful to human organs. S.B. 1314 aims to amend Section 161.0876(a) of the Health and Safety Code to expand the definition of e-cigarette to include nicotine-free vapes so they are subject to the same provisions prohibiting marketing to minors. Changing the definition of an e-cigarette to include any substance that is intended for use in an e-cigarette, rather than simply a nicotine product, strengthens regulation that reduces youth vaping rates, limits harmful exposure, and protects public health. As proposed, S.B. 1314 amends current law relating to a prohibition on certain e-cigarette products. 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 Section 161.0876(a), Health and Safety Code, as follows: (a) Provides that, for purposes of Section 161.0876 (Prohibited E-cigarette Products), "e-cigarette product" includes any substance intended for use in an e-cigarette, regardless of whether the substance contains nicotine, rather than any substance containing nicotine from any source that is intended for use in an e-cigarette. SECTION 2. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1314
89R5733 MCF-F By: Cook
State Affairs
3/28/2025
As Filed
Senate Research Center
S.B. 1314
89R5733 MCF-F
By: Cook
State Affairs
3/28/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
In the 2024 National Youth Tobacco Survey, more than 2.25 million high school and middle schoolers answered that they use e-cigarette products. The Texas Legislature, understanding the widespread usage of e-cigarettes among minors, passed H.B. 4758 (88R), which criminalized the sale of e-cigarettes with packaging that appeals to minors. H.B. 4758 prohibited e-cigarette containers from using cartoon-like characters, celebrity images, or images that resemble food products.
However, the definition of e-cigarettes for this section only includes substances containing nicotine, thus excluding nicotine-free vapes, which can also be harmful to minors. Nicotine-free vapes contain toxic chemicals, flavorings, and additives like formaldehyde and acrolein that are harmful to human organs. S.B. 1314 aims to amend Section 161.0876(a) of the Health and Safety Code to expand the definition of e-cigarette to include nicotine-free vapes so they are subject to the same provisions prohibiting marketing to minors.
Changing the definition of an e-cigarette to include any substance that is intended for use in an e-cigarette, rather than simply a nicotine product, strengthens regulation that reduces youth vaping rates, limits harmful exposure, and protects public health.
As proposed, S.B. 1314 amends current law relating to a prohibition on certain e-cigarette products.
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 Section 161.0876(a), Health and Safety Code, as follows:
(a) Provides that, for purposes of Section 161.0876 (Prohibited E-cigarette Products), "e-cigarette product" includes any substance intended for use in an e-cigarette, regardless of whether the substance contains nicotine, rather than any substance containing nicotine from any source that is intended for use in an e-cigarette.
SECTION 2. Effective date: September 1, 2025.