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A BILL TO BE ENTITLED
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AN ACT
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relating to the prohibited distribution of flavored cigarettes, |
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e-cigarettes, and tobacco products; providing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. FLAVORED CIGARETTES, E-CIGARETTES, AND |
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TOBACCO PRODUCTS |
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Sec. 161.095. DEFINITIONS. In this subchapter: |
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(1) "Cigarette" has the meaning assigned by Section |
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154.001, Tax Code. |
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(2) "E-cigarette" has the meaning assigned by Section |
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161.081. |
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(3) "Hookah" means a type of water pipe with a long |
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flexible tube for drawing aerosol through water and used to smoke |
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shisha tobacco products or other tobacco products. |
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(4) "Loose leaf tobacco" means cut or shredded pipe |
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tobacco that is usually sold in a pouch. The term does not include |
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tobacco product that, because of its appearance, type, packaging, |
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or labeling, is suitable for use and likely to be offered to or |
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purchased by a consumer as tobacco for making cigarettes. |
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(5) "Premium cigar" means any cigar that: |
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(A) is handmade; |
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(B) is capped by hand; |
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(C) is not mass produced by a machine; |
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(D) has a wrapper made entirely from whole leaf |
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tobacco; |
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(E) has a wholesale price of not less than $12; |
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and |
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(F) does not have a filter, tip, or nontobacco |
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mouthpiece. |
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(6) "Shisha tobacco product" means a tobacco product |
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smoked or intended to be smoked in a hookah. |
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(7) "Tobacco product" has the meaning assigned by |
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Section 155.001, Tax Code. |
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Sec. 161.096. APPLICABILITY OF SUBCHAPTER. This subchapter |
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does not apply to: |
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(1) a shisha tobacco product that imparts a |
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distinguishable taste or aroma other than the taste or aroma of |
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tobacco by a person who is engaged in the retail sale of shisha |
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tobacco products, hookahs, and hookah smoking accessories; |
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(2) a premium cigar; or |
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(3) loose leaf tobacco. |
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Sec. 161.097. PROHIBITED DISTRIBUTION OF FLAVORED |
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CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS. A person may not |
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sell, give, or cause to be sold or given a cigarette, e-cigarette, |
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or tobacco product with a distinguishable taste or aroma other than |
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the taste or aroma of tobacco, including the aroma or taste of: |
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(1) an alcoholic beverage; |
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(2) candy; |
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(3) chocolate or vanilla; |
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(4) fruit; |
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(5) an herb or spice; |
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(6) honey; |
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(7) menthol; or |
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(8) mint or wintergreen. |
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Sec. 161.098. CIVIL PENALTY. (a) A person who violates |
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Section 161.097 is liable to this state for a civil penalty of $250 |
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for each violation. |
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(b) The attorney general may sue to collect the penalty. |
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(c) The attorney general shall file an action under this |
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section in a district court in Travis County or the county in which |
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the violation occurred. |
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(d) The attorney general may recover reasonable expenses |
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incurred in obtaining a civil penalty under this section, including |
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court costs, reasonable attorney's fees, investigative costs, |
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witness fees, and deposition expenses. |
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SECTION 2. This Act takes effect September 1, 2021. |