By Hirschi, Maxey, Naishtat, et al. H.B. No. 119 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to disclosure of ingredients in cigarettes and tobacco 1-3 products. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 161, Health and Safety Code, is amended 1-6 by adding Subchapter N to read as follows: 1-7 SUBCHAPTER N. DISCLOSURE OF INGREDIENTS IN CIGARETTES 1-8 AND TOBACCO PRODUCTS 1-9 Sec. 161.251. DEFINITIONS. In this subchapter: 1-10 (1) "Cigarette" has the meaning assigned by Section 1-11 154.001, Tax Code. 1-12 (2) "Manufacturer" has the meanings assigned by 1-13 Sections 154.001 and 155.001, Tax Code. 1-14 (3) "Tobacco product" has the meaning assigned by 1-15 Section 155.001, Tax Code. 1-16 Sec. 161.252. REPORT TO DEPARTMENT. (a) Each manufacturer 1-17 shall file with the department an annual report for each cigarette 1-18 or tobacco product distributed in this state, stating: 1-19 (1) the identity of each ingredient in the cigarette 1-20 or tobacco product, listed in descending order according to weight, 1-21 measure, or numerical count, other than: 1-22 (A) tobacco; 1-23 (B) water; or 1-24 (C) a reconstituted tobacco sheet made wholly 2-1 from tobacco; and 2-2 (2) a nicotine yield rating for the cigarette or 2-3 tobacco product established under Section 161.253. 2-4 (b) This section does not require a manufacturer to disclose 2-5 the specific amount of any ingredient in a cigarette or tobacco 2-6 product if that ingredient has been approved as safe when burned 2-7 and inhaled by the United States Food and Drug Administration or a 2-8 successor entity. 2-9 (c) The department by rule shall establish the time for 2-10 filing an annual report under this section and shall prescribe the 2-11 form for the report. 2-12 Sec. 161.253. NICOTINE YIELD RATINGS. (a) Each 2-13 manufacturer shall assign a nicotine yield rating to each cigarette 2-14 or tobacco product distributed in this state. The rating shall be 2-15 assigned in accordance with standards adopted by the department. 2-16 (b) The department standards must be developed so that the 2-17 nicotine yield rating reflects, as accurately as possible, nicotine 2-18 intake for an average consumer of the cigarette or tobacco product. 2-19 Sec. 161.254. PUBLIC INFORMATION. (a) Except as provided 2-20 by Subsections (b) and (c), information included in a report filed 2-21 under this subchapter is public information and is not confidential 2-22 unless it is determined to be confidential under this section. 2-23 (b) The department may not disclose information under 2-24 Subsection (a) until the department has obtained the advice of the 2-25 attorney general under this section with respect to the particular 2-26 information to be disclosed. If the attorney general determines 2-27 that the disclosure of particular information would constitute an 3-1 unconstitutional taking of property, the information is 3-2 confidential and the department shall exclude that information from 3-3 disclosure. 3-4 (c) Information included in a report filed under this 3-5 subchapter is confidential if the department determines that there 3-6 is no reasonable scientific basis for concluding that the 3-7 availability of the information could reduce risks to public 3-8 health. 3-9 (d) Nothing herein shall require the disclosure of legally 3-10 protected trade secrets. 3-11 Sec. 161.255. INJUNCTION. (a) A district court, on 3-12 petition of the department and on a finding by the court that a 3-13 manufacturer has failed to file the report required by Section 3-14 161.252, may by injunction: 3-15 (1) prohibit the sale or distribution in this state of 3-16 a cigarette or tobacco product manufactured by the manufacturer; or 3-17 (2) grant any other injunctive relief warranted by the 3-18 facts. 3-19 (b) The attorney general shall institute and conduct a suit 3-20 authorized by this section at the request of the department and in 3-21 the name of the state. 3-22 (c) A suit for injunctive relief must be brought in Travis 3-23 County. 3-24 SECTION 2. A manufacturer is not required to file an annual 3-25 report under Subchapter N, Chapter 161, Health and Safety Code, as 3-26 added by this Act, before January 1, 1998. 3-27 SECTION 3. The importance of this legislation and the 4-1 crowded condition of the calendars in both houses create an 4-2 emergency and an imperative public necessity that the 4-3 constitutional rule requiring bills to be read on three several 4-4 days in each house be suspended, and this rule is hereby suspended, 4-5 and that this Act take effect and be in force from and after its 4-6 passage, and it is so enacted.