By Hirschi H.B. No. 119
75R1392 DLF-F
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 manufactured by the manufacturer and distributed
1-19 in this state, stating:
1-20 (1) the identity of each ingredient in the cigarette
1-21 or tobacco product, listed in descending order according to weight,
1-22 measure, or numerical count, other than:
1-23 (A) tobacco;
1-24 (B) water; or
2-1 (C) a reconstituted tobacco sheet made wholly
2-2 from tobacco; and
2-3 (2) a nicotine yield rating for the cigarette or
2-4 tobacco product established under Section 161.253.
2-5 (b) This section does not require a manufacturer to disclose
2-6 the specific amount of any ingredient in a cigarette or tobacco
2-7 product if that ingredient has been approved as safe when burned
2-8 and inhaled by the United States Food and Drug Administration or a
2-9 successor entity.
2-10 (c) The department by rule shall establish the time for
2-11 filing an annual report under this section and shall prescribe the
2-12 form for the report.
2-13 Sec. 161.253. NICOTINE YIELD RATINGS. (a) Each
2-14 manufacturer shall assign a nicotine yield rating to each cigarette
2-15 or tobacco product manufactured by the manufacturer and distributed
2-16 in this state. The rating shall be assigned in accordance with
2-17 standards adopted by the department.
2-18 (b) The department standards must be developed so that the
2-19 nicotine yield rating reflects, as accurately as possible, nicotine
2-20 intake for an average consumer of the cigarette or tobacco product.
2-21 Sec. 161.254. PUBLIC INFORMATION. (a) Except as provided
2-22 by Subsections (b) and (c), information included in a report filed
2-23 under this subchapter is public information and is not confidential
2-24 unless it is determined to be confidential under this section.
2-25 (b) The department may not disclose information under
2-26 Subsection (a) until the department has obtained the advice of the
2-27 attorney general under this section with respect to the particular
3-1 information to be disclosed. If the attorney general determines
3-2 that the disclosure of particular information would constitute an
3-3 unconstitutional taking of property, the information is
3-4 confidential and the department shall exclude that information from
3-5 disclosure.
3-6 (c) Information included in a report filed under this
3-7 subchapter is confidential if the department determines that there
3-8 is no reasonable scientific basis for concluding that the
3-9 availability of the information could reduce risks to public
3-10 health.
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.