By: Perry, et al. S.B. No. 2024
A BILL TO BE ENTITLED
AN ACT
relating to a prohibition on marketing, advertising, or selling
certain e-cigarette products; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.081(1-a)(A), Health and Safety Code,
is amended to read as follows:
(1-a) (A) "E-cigarette" means:
(i) an electronic cigarette or any other
device that simulates smoking by using a mechanical heating
element, battery, or electronic circuit to deliver nicotine or
other substances to the individual inhaling from the device; or
(ii) a consumable liquid solution or other
material aerosolized or vaporized during the use of an electronic
cigarette or other device described by this subdivision, regardless
of whether the liquid solution or material contains nicotine.
SECTION 2. Sections 161.0876(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) For purposes of this section, "e-cigarette product"
includes any substance [containing nicotine from any source that
is] intended for use in an e-cigarette, regardless of whether the
substance contains nicotine.
(b) A person commits an offense if the person markets,
advertises, sells, or causes to be sold an e-cigarette product:
(1) in a product [, if the product's] container that:
(A) [(1)] depicts a cartoon-like fictional
character that mimics a character primarily aimed at entertaining
minors;
(B) [(2)] imitates or mimics trademarks or trade
dress of products that are or have been primarily marketed to
minors;
(C) [(3)] includes a symbol that is primarily
used to market products to minors;
(D) [(4)] includes an image or name of a
celebrity; or
(E) [(5)] includes an image that resembles a food
product, including candy or juice;
(2) in a product shape or design disguised to appear as
an alternative product, including a product in the shape or design
of:
(A) a school or office supply, such as a
highlighter, marker, ink pen, or pencil;
(B) a smart phone, smart watch, smart phone case,
or smart watch case;
(C) headphones, including ear buds;
(D) clothing;
(E) a backpack;
(F) a cosmetic, including lipstick; or
(G) a toy;
(3) that was manufactured in China; or
(4) that contains or is mixed with any cannabinoids,
alcohol, kratom, kava, mushrooms, or a derivative of any of those
items.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2025.