By:  Strama                                                       H.B. No. 2936



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the sale or distribution of certain 
cigarettes; providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 161, Health and Safety Code, is amended 
by adding Subchapter U to read as follows:
	SUBCHAPTER U.  PROHIBITED CIGARETTES
	Sec. 161.551.  FLAVORED CIGARETTES PROHIBITED.  (a)  In this 
section, "cigarette" has the meaning assigned by Section 154.001, 
Tax Code.
	(b)  A person may not sell, distribute, or offer for sale or 
distribution in this state a cigarette or a component part of a 
cigarette, including the tobacco, paper, or filter, if the 
cigarette or a component part of a cigarette is advertised or 
marketed as having or producing a flavor, taste, or aroma other than 
tobacco or menthol.
	Sec. 161.552.  CIVIL PENALTY.  (a)  A person who violates 
this subchapter is subject to a civil penalty not to exceed $15,000 
a day for each violation.  Each day of violation constitutes a 
separate violation for purposes of penalty assessment.
	(b)  In determining the amount of the civil penalty, the 
court shall consider:
		(1)  the person's previous violations;                                 
		(2)  the seriousness of the violation, including the 
nature, circumstances, extent, and gravity of the violation;
		(3)  whether the health and safety of the public was 
threatened by the violation;
		(4)  the demonstrated good faith of the person; and                    
		(5)  the amount necessary to deter future violations.                  
	(c)  The attorney general or the appropriate district or 
county attorney, in the name of the state, may bring an action under 
this section in a district court of Travis County or of a county in 
which any part of the violation occurs.
	(d)  A penalty collected under this section by the attorney 
general shall be deposited in the state treasury to the credit of 
the general revenue fund.  A penalty collected under this section by 
a district or county attorney shall be deposited to the credit of 
the general fund of the county in which the suit was heard.
	Sec. 161.553.  REMEDIES CUMULATIVE.  The civil penalty 
authorized by this subchapter is in addition to any other civil, 
administrative, or criminal action provided by law.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.