| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the distribution of hookahs; creating a criminal |
|
|
offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 161, Health and Safety Code, is amended |
|
|
by adding Subchapter H-1 to read as follows: |
|
|
SUBCHAPTER H-1. DISTRIBUTION OF HOOKAHS |
|
|
Sec. 161.095. DEFINITIONS. In this subchapter: |
|
|
(1) "Hookah" means a type of water pipe with a long |
|
|
flexible tube for drawing aerosol through water and used to smoke |
|
|
tobacco products, including shisha tobacco products, or |
|
|
non-tobacco products. |
|
|
(2) "Minor" means an individual under 21 years of age. |
|
|
(3) "Retailer" means a person who engages in the |
|
|
practice of selling hookahs to consumers and includes a restaurant, |
|
|
bar, or cafe at which a hookah is provided for use by customers |
|
|
on-site. The term includes the owner of a vending machine. |
|
|
Sec. 161.096. PROHIBITED SALE OR USE OF HOOKAHS TO |
|
|
INDIVIDUALS YOUNGER THAN 21 YEARS OF AGE; CRIMINAL OFFENSE; PROOF |
|
|
OF AGE REQUIRED. (a) A person commits an offense if the person, |
|
|
with criminal negligence: |
|
|
(1) sells, gives, or provides for use at a retailer, or |
|
|
causes to be sold, given, or provided for use at a retailer, a |
|
|
hookah to a minor; or |
|
|
(2) sells, gives, provides for use, or causes to be |
|
|
sold, given, or provided for use, a hookah to another person who |
|
|
intends to deliver the hookah to a minor. |
|
|
(b) If an offense under this section occurs in connection |
|
|
with a sale by an agent or employee of a retailer in which hookahs |
|
|
are sold at retail or provided for customer use on-site, the agent |
|
|
or employee is criminally responsible for the offense and is |
|
|
subject to prosecution. |
|
|
(c) An offense under this section is a Class C misdemeanor. |
|
|
(d) It is a defense to prosecution under Subsection (a)(1) |
|
|
that the individual to whom the hookah was sold, given, or provided |
|
|
for use presented to the defendant an apparently valid proof of |
|
|
identification. |
|
|
(e) A proof of identification satisfies the requirements of |
|
|
Subsection (d) if it contains a physical description and photograph |
|
|
consistent with the individual's appearance, purports to establish |
|
|
that the individual is 21 years of age or older, and was issued by a |
|
|
governmental agency. The proof of identification may include a |
|
|
driver's license issued by this state or another state, a passport, |
|
|
or an identification card issued by a state or the federal |
|
|
government. |
|
|
(f) It is an exception to the application of Subsection |
|
|
(a)(1) that the individual to whom the hookah was sold, given, or |
|
|
provided: |
|
|
(1) is at least 18 years of age; and |
|
|
(2) presented at the time of purchase a valid military |
|
|
identification card of the United States military forces or the |
|
|
state military forces. |
|
|
Sec. 161.097. SALE OR PROVISION OF HOOKAH TO INDIVIDUALS |
|
|
YOUNGER THAN 30 YEARS OF AGE. (a) A person may not sell, give, |
|
|
provide for use at a retailer, or cause to be sold, given, or |
|
|
provided for use at a retailer, a hookah to an individual who is |
|
|
younger than 30 years of age unless the individual to whom the |
|
|
hookah was sold, given, or provided presents an apparently valid |
|
|
proof of identification. |
|
|
(b) An owner of a retailer shall adequately supervise and |
|
|
train the retailer's agents and employees to prevent a violation of |
|
|
Subsection (a). |
|
|
(c) A proof of identification described by Section |
|
|
161.096(e) satisfies the requirements of Subsection (a). |
|
|
SECTION 2. This Act takes effect September 1, 2025. |