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.

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