|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the sale of novelty lighters in this state; imposing a |
|
penalty. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle C, Title 9, Health and Safety Code, is |
|
amended by adding Chapter 797 to read as follows: |
|
CHAPTER 797. SALE OF NOVELTY LIGHTERS PROHIBITED |
|
Sec. 797.001. DEFINITION. In this chapter, "novelty |
|
lighter" means a mechanical or electrical device typically used for |
|
lighting cigarettes, cigars, or pipes that has entertaining audio |
|
or visual effects, or that resembles in physical form or function |
|
articles commonly recognized as appealing to or intended for use by |
|
children under 18 years of age. The term includes lighters that |
|
resemble cartoon characters, toys, guns, watches, musical |
|
instruments, vehicles, toy animals, food, or beverages. |
|
Sec. 797.002. APPLICABILITY OF CHAPTER. This chapter does |
|
not apply to a lighter that: |
|
(1) was manufactured before January 1, 1980; |
|
(2) does not contain fuel; and |
|
(3) does not have a device necessary to produce |
|
combustion or a flame. |
|
Sec. 797.003. MANUFACTURE, SALE, OR DISTRIBUTION OF NOVELTY |
|
LIGHTERS PROHIBITED. A person may not manufacture, sell, or |
|
distribute a novelty lighter. |
|
Sec. 797.004. ADMINISTRATION OF CHAPTER. The state fire |
|
marshal may adopt rules to administer this chapter. |
|
Sec. 797.005. OFFENSE. (a) A person commits an offense if |
|
the person violates this chapter or a rule adopted under this |
|
chapter. |
|
(b) An offense under this chapter is a Class C misdemeanor. |
|
SECTION 2. This Act takes effect September 1, 2009. |