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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of toy-like lighters in this state; imposing a |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 9, Health and Safety Code, is |
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amended by adding Chapter 797 to read as follows: |
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CHAPTER 797. SALE OF TOY-LIKE LIGHTERS PROHIBITED |
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Sec. 797.001. DEFINITION. In this chapter, "toy-like |
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lighter" means a mechanical or electrical device typically used for |
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lighting cigarettes, cigars, or pipes that resembles in physical |
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form or function articles designed or intended for play by children |
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under 10 years of age. The term includes lighters that resemble |
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cartoon characters, telephones, guns, watches, weapons, furniture, |
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sports equipment, tools, holiday decorations, musical instruments, |
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vehicles, or toy animals or play musical notes or have flashing |
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lights. |
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Sec. 797.002. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to: |
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(1) a lighter that: |
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(A) was manufactured before January 1, 1980; |
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(B) does not contain fuel; and |
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(C) does not have a device necessary to produce |
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combustion or a flame; |
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(2) a mechanical or electrical device used primarily |
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to ignite fuel for a fireplace or a charcoal or gas grill; or |
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(3) a disposable or refillable lighter printed or |
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decorated with a logo, label, decal, artwork, or heat-shrinkable |
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sleeve or designed as a souvenir to resemble an icon of a |
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destination. |
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Sec. 797.003. SALE OR DISTRIBUTION OF TOY-LIKE LIGHTERS |
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PROHIBITED. A person may not sell or distribute for retail sale or |
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promotion in this state a toy-like lighter. |
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Sec. 797.004. TRANSPORTATION AND STORAGE PERMITTED. This |
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chapter does not prohibit the transportation of toy-like lighters |
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through this state or the storage of toy-like lighters in a |
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warehouse or distribution center closed to the public. |
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Sec. 797.005. ADMINISTRATION OF CHAPTER. The state fire |
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marshal may adopt rules to administer this chapter. |
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Sec. 797.006. OFFENSE. (a) A person commits an offense if |
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the person violates this chapter or a rule adopted under this |
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chapter. |
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(b) An offense under this chapter is a Class C misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2009. |