SRC-JFA H.B. 119 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 119
By: Hirschi (Zaffirini)
Health & Human Services
5-16-97
Engrossed


DIGEST 

Currently, federal law requires tobacco firms to disclose their product
additives to the U.S. Department of Health and Human Services.  Such lists
are generally kept private due to federal and state laws regarding trade
secret protections.  This bill sets forth provisions relating to the
disclosure of ingredients in cigarettes and tobacco products in Texas.   

PURPOSE

As proposed, H.B. 119 sets forth provisions relating to the disclosure of
ingredients in cigarettes and tobacco products.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Health in SECTION 1
(Sections 161.252(c) and 161.253(a), Health and Safety Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 161, Health and Safety Code, by adding
Subchapter N, as follows: 

SUBCHAPTER N.  DISCLOSURE OF INGREDIENTS IN CIGARETTES
AND TOBACCO PRODUCTS

Sec. 161.251.  DEFINITION.  Defines "cigarette," "manufacturer," and
"tobacco product." 

Sec. 161.252.  REPORT TO DEPARTMENT.  Requires each manufacturer to file
with the Department of Health (department) an annual report for each
cigarette or tobacco product distributed in this state, stating certain
information.  Provides that this section does not require a manufacturer
to disclose the specific amount of any ingredient in a cigarette or
tobacco product if that ingredient has been approved as safe when burned
and inhaled by the U.S. Food and Drug Administration or a successor
entity.  Requires the department, by rule, to establish the time for
filing an annual report under this section and to prescribe the form for
the report.   

Sec. 161.253.  NICOTINE YIELD RATINGS.  Requires each manufacturer to
assign a nicotine yield rating to each cigarette or tobacco product
distributed in this state.  Requires the rating to be assigned in
accordance with standards adopted by the department.  Requires the
department standards to be developed so that the nicotine yield rating
reflects, as accurately as possible, nicotine intake for an average
consumer of the cigarette or tobacco product.   

Sec. 161.254.  PUBLIC INFORMATION.  Provides that except as provided by
Subsections (b) and (c), information included in a report filed under this
subchapter is public information and is not confidential unless it is
determined to be confidential under this section.  Prohibits the
department from disclosing information under Subsection (a) until the
department has obtained the advice of the attorney general under this
section with respect to the particular information to be disclosed.
Provides that if the attorney general determines that the disclosure of
particular information would constitute an unconstitutional taking of
property,  the information is confidential and the department shall
exclude that information from disclosure.  Provides that information
included in a report filed under this subchapter is confidential if the
department determines that there is no reasonable scientific basis for
concluding that the availability of the information could reduce risks to
public health. Requires nothing herein to require the disclosure of
legally protected trade secrets.   

Sec. 161.255.  INJUNCTION.  Authorizes a district court, under certain
conditions and by injunction, to prohibit the sale or distribution in this
state of a cigarette or tobacco product manufactured by the manufacturer;
or grant any other injunctive relief warranted by the facts.  Requires the
attorney general to institute and conduct a suit authorized by this
section at the request of the department and in the name of the state.
Sets forth venue for a suit for injunctive relief.   

SECTION 2. Provides that a manufacturer is not required to file an annual
report under Subchapter N, Chapter 161, Health and Safety Code, as added
by this Act, before January 1, 1998.  

SECTION 3. Emergency clause.
  Effective date: upon passage.