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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale of novelty 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 NOVELTY LIGHTERS PROHIBITED |
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Sec. 797.001. DEFINITION. In this chapter, "novelty |
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lighter" means a mechanical or electrical device typically used for |
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lighting cigarettes, cigars, or pipes that has entertaining audio |
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or visual effects, or that resembles in physical form or function |
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articles commonly recognized as appealing to or intended for use by |
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children under 18 years of age. The term includes lighters that |
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resemble cartoon characters, toys, guns, watches, musical |
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instruments, vehicles, toy animals, food, or beverages. |
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Sec. 797.002. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to a lighter that: |
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(1) was manufactured before January 1, 1980; |
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(2) does not contain fuel; and |
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(3) does not have a device necessary to produce |
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combustion or a flame. |
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Sec. 797.003. MANUFACTURE, SALE, OR DISTRIBUTION OF NOVELTY |
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LIGHTERS PROHIBITED. A person may not manufacture, sell, or |
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distribute a novelty lighter. |
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Sec. 797.004. ADMINISTRATION OF CHAPTER. The state fire |
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marshal may adopt rules to administer this chapter. |
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Sec. 797.005. 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. |