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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibited sale of certain flavored e-cigarettes; |
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providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. FLAVORED E-CIGARETTES |
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Sec. 161.095. DEFINITION. In this subchapter, |
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"e-cigarette" has the meaning assigned by Section 161.081. |
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Sec. 161.096. PROHIBITED SALE OF CERTAIN FLAVORED |
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E-CIGARETTES. (a) A person may not sell, give, or cause to be sold |
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or given an e-cigarette with a distinguishable taste or aroma other |
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than the taste or aroma of tobacco or menthol, including the aroma |
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or taste of: |
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(1) an alcoholic beverage; |
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(2) candy or dessert; |
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(3) chocolate, cocoa, or vanilla; |
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(4) fruit; |
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(5) an herb or spice; |
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(6) honey; or |
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(7) mint or wintergreen. |
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(b) There is a rebuttable presumption that an e-cigarette |
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has a distinguishable taste or aroma prohibited under Subsection |
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(a) if a person: |
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(1) makes a public statement or claim that the |
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e-cigarette imparts a taste or smell other than the taste or smell |
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of tobacco or menthol; |
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(2) uses text or images on the labeling or packaging of |
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the e-cigarette to indicate the e-cigarette imparts a taste or |
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smell other than the taste or smell of tobacco or menthol; or |
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(3) takes other action directed at consumers that |
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would reasonably be expected to cause consumers to believe the |
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e-cigarette imparts a taste or smell other than the taste or smell |
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of tobacco or menthol. |
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Sec. 161.097. CIVIL PENALTY. (a) A person who violates |
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Section 161.096 is liable to this state for a civil penalty of $250 |
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for each violation. |
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(b) The attorney general may sue to collect the penalty. |
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(c) The attorney general shall file an action under this |
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section in a district court in Travis County or the county in which |
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the violation occurred. |
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(d) The attorney general may recover reasonable expenses |
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incurred in obtaining a civil penalty under this section, including |
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court costs, reasonable attorney's fees, investigative costs, |
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witness fees, and deposition expenses. |
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SECTION 2. This Act takes effect September 1, 2023. |