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), (c), and (d), information included in a report
2-21 filed under this subchapter is public information and is not
2-22 confidential unless it is determined to be confidential under this
2-23 section.
2-24 (b) The department may not disclose information under
2-25 Subsection (a) until the department has obtained the advice of the
2-26 attorney general under this section with respect to the particular
2-27 information to be disclosed. If the attorney general determines
3-1 that the disclosure of particular information would constitute an
3-2 unconstitutional taking of property, the information is
3-3 confidential and the department shall exclude that information from
3-4 disclosure.
3-5 (c) Information included in a report filed under this
3-6 subchapter is confidential if the department determines that there
3-7 is no reasonable scientific basis for concluding that the
3-8 availability of the information could reduce risks to public
3-9 health.
3-10 (d) Information included in a report filed under this
3-11 subchapter is confidential under Chapter 552, Government Code, if
3-12 the information would be excepted from public disclosure as a trade
3-13 secret under state or federal law.
3-14 Sec. 161.255. INJUNCTION. (a) A district court, on
3-15 petition of the department and on a finding by the court that a
3-16 manufacturer has failed to file the report required by Section
3-17 161.252, may by injunction:
3-18 (1) prohibit the sale or distribution in this state of
3-19 a cigarette or tobacco product manufactured by the manufacturer; or
3-20 (2) grant any other injunctive relief warranted by the
3-21 facts.
3-22 (b) The attorney general shall institute and conduct a suit
3-23 authorized by this section at the request of the department and in
3-24 the name of the state.
3-25 (c) A suit for injunctive relief must be brought in Travis
3-26 County.
3-27 SECTION 2. A manufacturer is not required to file an annual
4-1 report under Subchapter N, Chapter 161, Health and Safety Code, as
4-2 added by this Act, before January 1, 1998.
4-3 SECTION 3. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended,
4-8 and that this Act take effect and be in force from and after its
4-9 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 119 was passed by the House on May
14, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 119 on May 23, 1997, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 119 was passed by the Senate, with
amendments, on May 21, 1997, by the following vote: Yeas 27, Nays
2.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor