Texas 2025 - 89th Regular

Texas Senate Bill SB1316

Filed
2/14/25  
Out of Senate Committee
4/7/25  
Voted on by Senate
4/10/25  
Out of House Committee
4/29/25  
Voted on by House
5/7/25  
Governor Action
5/21/25  

Caption

Relating to a prohibition on e-cigarette advertising in certain locations.

Impact

Should this bill be enacted, it will effectively amend existing statutes in the Health and Safety Code concerning the advertising of tobacco products. The amendments would specifically include e-cigarettes under the same regulations that apply to traditional cigarette advertising. This represents a significant step in Texas's efforts to combat tobacco use among young people and can influence local governments to follow suit with similar restrictions, aiming to decrease the visibility of tobacco products in areas frequented by youth.

Summary

Senate Bill 1316 aims to prohibit the advertising of e-cigarettes and tobacco products within a specified distance from schools and churches, specifically setting a minimum distance of 1,000 feet. This measure seeks to mitigate the exposure of minors to tobacco advertising, thereby promoting public health and safeguarding youth against the enticing nature of tobacco products. The intent behind this legislation is aligned with broader public health campaigns aimed at reducing smoking rates and preventing smoking initiation among young people.

Sentiment

The sentiment surrounding SB1316 has been broadly supportive among public health advocates who view the restrictions as necessary for protecting children and fostering healthier community environments. However, there has been some opposition from businesses and stakeholders within the tobacco industry, who argue that such restrictions infringe upon free speech and limit their marketing opportunities. The legislative discussions reflected an ongoing tension between public health interests and economic considerations regarding personal choice and business rights.

Contention

A notable point of contention raised during the discussions was the balance between protecting public health and the rights of businesses and consumers. Opponents of the bill expressed concerns about overreach in regulating how products are advertised, suggesting it could hinder adult consumers' access to information about legal products. Advocates, however, countered that the potential harm to youth from increased exposure to e-cigarette advertising far outweighs these concerns, highlighting the urgent need to prevent a new generation from becoming dependent on nicotine.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 161. Public Health Provisions
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Companion Bills

TX HB2735

Identical Relating to a prohibition on e-cigarette advertising in certain locations.

Previously Filed As

TX HB2118

Relating to prohibiting the advertising of e-cigarettes in certain locations; imposing a fee.

TX HB4758

Relating to a prohibition on certain e-cigarette products; creating a criminal offense.

TX SB920

Relating to the prohibited sale of flavored cigarettes, e- cigarettes, and tobacco products and administrative penalties for the prohibited sales.

TX HB3124

Relating to the use of cigarettes, e-cigarettes, and tobacco products on the campus of a public institution of higher education.

TX HB114

Relating to the possession, use, or delivery of marihuana or e-cigarettes on or near public school property or at certain school events.

TX SB2054

Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.

TX HB4481

Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.

TX HB372

Relating to a prohibition on the operation of concrete plants and crushing facilities at certain locations.

TX HB2487

Relating to the possession or use of marihuana or e-cigarettes on or near public school property or at certain school events; creating a criminal offense.

TX SB2308

Relating to taxes on e-cigarettes and alternative nicotine products; imposing taxes; imposing reporting and recordkeeping requirements.

Similar Bills

CA SB538

Electronic cigarettes.

TX SB97

Relating to regulation of the sale, distribution, possession, use, and advertising of e-cigarettes, cigarettes, and tobacco products; amending provisions subject to a criminal penalty.

TX HB170

Relating to regulation of the sale, distribution, possession, use, and advertising of e-cigarettes, cigarettes, and tobacco products; creating criminal offenses.

TX HB4481

Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.

TX SB2054

Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.

CA SB1408

Cigarettes: seizure.

WV SB426

Increasing rate of taxation on cigarettes and tobacco-related products

TX HB3536

Relating to imposing a fee on the sale of cigarettes and cigarette tobacco products manufactured by certain companies; providing penalties.