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By: Thierry, et al. (Senate Sponsor - Springer) |
H.B. No. 4758 |
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(In the Senate - Received from the House May 8, 2023; |
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May 10, 2023, read first time and referred to Committee on Health & |
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Human Services; May 21, 2023, reported favorably by the following |
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vote: Yeas 9, Nays 0; May 21, 2023, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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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) A |
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person commits an offense if the person markets, advertises, sells, |
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or causes to be sold an e-cigarette product, if the product's |
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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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(b) 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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* * * * * |