1-1 By: Hirschi, Maxey, Naishtat, et al. H.B. No. 119 1-2 (Senate Sponsor - Zaffirini) 1-3 (In the Senate - Received from the House May 15, 1997; 1-4 May 16, 1997, read first time and referred to Committee on Health 1-5 and Human Services; May 18, 1997, reported favorably by the 1-6 following vote: Yeas 7, Nays 3; May 18, 1997, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to disclosure of ingredients in cigarettes and tobacco 1-10 products. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Chapter 161, Health and Safety Code, is amended 1-13 by adding Subchapter N to read as follows: 1-14 SUBCHAPTER N. DISCLOSURE OF INGREDIENTS IN CIGARETTES 1-15 AND TOBACCO PRODUCTS 1-16 Sec. 161.251. DEFINITIONS. In this subchapter: 1-17 (1) "Cigarette" has the meaning assigned by Section 1-18 154.001, Tax Code. 1-19 (2) "Manufacturer" has the meanings assigned by 1-20 Sections 154.001 and 155.001, Tax Code. 1-21 (3) "Tobacco product" has the meaning assigned by 1-22 Section 155.001, Tax Code. 1-23 Sec. 161.252. REPORT TO DEPARTMENT. (a) Each manufacturer 1-24 shall file with the department an annual report for each cigarette 1-25 or tobacco product distributed in this state, stating: 1-26 (1) the identity of each ingredient in the cigarette 1-27 or tobacco product, listed in descending order according to weight, 1-28 measure, or numerical count, other than: 1-29 (A) tobacco; 1-30 (B) water; or 1-31 (C) a reconstituted tobacco sheet made wholly 1-32 from tobacco; and 1-33 (2) a nicotine yield rating for the cigarette or 1-34 tobacco product established under Section 161.253. 1-35 (b) This section does not require a manufacturer to disclose 1-36 the specific amount of any ingredient in a cigarette or tobacco 1-37 product if that ingredient has been approved as safe when burned 1-38 and inhaled by the United States Food and Drug Administration or a 1-39 successor entity. 1-40 (c) The department by rule shall establish the time for 1-41 filing an annual report under this section and shall prescribe the 1-42 form for the report. 1-43 Sec. 161.253. NICOTINE YIELD RATINGS. (a) Each 1-44 manufacturer shall assign a nicotine yield rating to each cigarette 1-45 or tobacco product distributed in this state. The rating shall be 1-46 assigned in accordance with standards adopted by the department. 1-47 (b) The department standards must be developed so that the 1-48 nicotine yield rating reflects, as accurately as possible, nicotine 1-49 intake for an average consumer of the cigarette or tobacco product. 1-50 Sec. 161.254. PUBLIC INFORMATION. (a) Except as provided 1-51 by Subsections (b) and (c), information included in a report filed 1-52 under this subchapter is public information and is not confidential 1-53 unless it is determined to be confidential under this section. 1-54 (b) The department may not disclose information under 1-55 Subsection (a) until the department has obtained the advice of the 1-56 attorney general under this section with respect to the particular 1-57 information to be disclosed. If the attorney general determines 1-58 that the disclosure of particular information would constitute an 1-59 unconstitutional taking of property, the information is 1-60 confidential and the department shall exclude that information from 1-61 disclosure. 1-62 (c) Information included in a report filed under this 1-63 subchapter is confidential if the department determines that there 1-64 is no reasonable scientific basis for concluding that the 2-1 availability of the information could reduce risks to public 2-2 health. 2-3 (d) Nothing herein shall require the disclosure of legally 2-4 protected trade secrets. 2-5 Sec. 161.255. INJUNCTION. (a) A district court, on 2-6 petition of the department and on a finding by the court that a 2-7 manufacturer has failed to file the report required by Section 2-8 161.252, may by injunction: 2-9 (1) prohibit the sale or distribution in this state of 2-10 a cigarette or tobacco product manufactured by the manufacturer; or 2-11 (2) grant any other injunctive relief warranted by the 2-12 facts. 2-13 (b) The attorney general shall institute and conduct a suit 2-14 authorized by this section at the request of the department and in 2-15 the name of the state. 2-16 (c) A suit for injunctive relief must be brought in Travis 2-17 County. 2-18 SECTION 2. A manufacturer is not required to file an annual 2-19 report under Subchapter N, Chapter 161, Health and Safety Code, as 2-20 added by this Act, before January 1, 1998. 2-21 SECTION 3. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended, 2-26 and that this Act take effect and be in force from and after its 2-27 passage, and it is so enacted. 2-28 * * * * *