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AN ACT
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relating to a prohibition on certain e-cigarette products; creating |
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a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Protecting Children |
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from Electronic Cigarette Advertising Act. |
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SECTION 2. Subchapter H, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0876 to read as follows: |
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Sec. 161.0876. PROHIBITED E-CIGARETTE PRODUCTS. (a) For |
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purposes of this section, "e-cigarette product" includes any |
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substance containing nicotine from any source that is intended for |
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use in an e-cigarette. |
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(b) A person commits an offense if the person markets, |
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advertises, sells, or causes to be sold an e-cigarette product, if |
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the product's container: |
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(1) depicts a cartoon-like fictional character that |
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mimics a character primarily aimed at entertaining minors; |
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(2) imitates or mimics trademarks or trade dress of |
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products that are or have been primarily marketed to minors; |
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(3) includes a symbol that is primarily used to market |
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products to minors; |
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(4) includes an image of a celebrity; or |
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(5) includes an image that resembles a food product, |
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including candy or juice. |
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(c) An offense under this section is a Class B misdemeanor. |
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SECTION 3. This Act takes effect January 1, 2024. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4758 was passed by the House on May 6, |
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2023, by the following vote: Yeas 113, Nays 21, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4758 on May 25, 2023, by the following vote: Yeas 123, Nays 18, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4758 was passed by the Senate, with |
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amendments, on May 23, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |