88R10784 SRA-D

By: Shaheen H.B. No. 2118

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the advertising of e-cigarettes in certain locations; imposing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter K, Chapter 161, Health and Safety Code, is amended to read as follows:

SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE, E-CIGARETTE, OR

TOBACCO PRODUCT ADVERTISING; FEE

SECTION 2. Section 161.121, Health and Safety Code, is amended by adding Subdivision (2-a) to read as follows:

(2-a) "E-cigarette" has the meaning assigned by Section 161.081.

SECTION 3. Sections 161.122(a), (b), and (e), Health and Safety Code, are amended to read as follows:

(a) Except as provided by this section, a sign containing an advertisement for cigarettes, e-cigarettes, or tobacco products may not be located closer than 1,000 feet to a church or school.

(b) The measurement of the distance between the sign containing an advertisement for cigarettes, e-cigarettes, or tobacco products and an institution listed in Subsection (a) is from the nearest property line of the institution to a point on a street or highway closest to the sign, along street lines and in direct lines across intersections.

(e) Subsection (a) does not apply to a sign containing an advertisement for cigarettes, e-cigarettes, or tobacco products that, before September 1, 1997, was located closer than 1,000 feet to a church or school but that was not located closer than 500 feet to the church or school.

SECTION 4. Section 161.123(a), Health and Safety Code, is amended to read as follows:

(a) A purchaser of advertising is liable for and shall remit to the comptroller a fee that is 10 percent of the gross sales price of any outdoor advertising of cigarettes, e-cigarettes, and tobacco products in this state.

SECTION 5. This Act takes effect September 1, 2023.