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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale and distribution of counterfeit or unsafe |
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lighters; imposing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 9, Health and Safety Code, is |
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amended by adding Chapter 798 to read as follows: |
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CHAPTER 798. COUNTERFEIT AND UNSAFE LIGHTERS |
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Sec. 798.001. DEFINITIONS. In this chapter: |
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(1) "Counterfeit lighter" means a lighter made as an |
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imitation of a brand name lighter in violation of the intellectual |
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property laws of this state or of the United States. |
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(2) "Lighter" means any device that: |
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(A) operates using an electrical current or |
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striking mechanism and any type of hydrocarbon fuel, such as |
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benzene, butane, or naphtha; and |
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(B) produces a small flame for the purpose of |
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igniting a cigarette, cigar, pipe, fireplace, charcoal or gas |
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grill, or other apparatus. |
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(3) "Unsafe lighter" means: |
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(A) any disposable or refillable lighter that is |
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not in compliance with each applicable provision of the American |
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Society for Testing and Materials Standard F400-20, "Standard |
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Consumer Safety Specification for Lighters," as it existed on |
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January 1, 2025; or |
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(B) any grill or utility lighter that is not in |
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compliance with each applicable provision of the American Society |
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for Testing and Materials Standard F2201-20, "Standard Consumer |
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Safety Specification for Utility Lighters," as it existed on |
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January 1, 2025. |
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Sec. 798.002. PROHIBITED SALE AND DISTRIBUTION OF |
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COUNTERFEIT LIGHTERS AND UNSAFE LIGHTERS. A person may not sell, |
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distribute, or offer for sale in this state any counterfeit lighter |
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or unsafe lighter, including by: |
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(1) providing free samples; or |
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(2) engaging in wholesale, retail, in-person, or |
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online sales. |
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Sec. 798.003. EXCEPTION FOR INTERSTATE TRANSPORTATION AND |
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STORAGE OF LIGHTERS. This chapter does not prohibit: |
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(1) interstate transportation of counterfeit lighters |
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or unsafe lighters through this state; or |
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(2) the storage of counterfeit lighters or unsafe |
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lighters in a distribution center or warehouse located in this |
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state, provided the distribution center or warehouse is closed to |
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the public and does not sell or distribute the lighters to persons |
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in this state. |
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Sec. 798.004. RULES. The state fire marshal shall adopt |
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rules to administer this chapter. |
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Sec. 798.005. INSPECTION. The state fire marshal may |
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inspect the records and lighters in the possession of a person who |
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manufactures, stores, or sells the lighters to verify compliance |
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with this chapter. |
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Sec. 798.006. CIVIL PENALTY; INJUNCTION. (a) A person who |
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knowingly violates this chapter or a rule adopted under this |
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chapter is subject to a civil penalty as follows: |
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(1) for a manufacturer, wholesale dealer, or agent who |
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knowingly sells or offers to sell a counterfeit lighter or unsafe |
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lighter in violation of this chapter, a civil penalty not to exceed |
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$100 for each counterfeit or unsafe lighter sold or offered for |
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sale, but not more than $100,000 for all violations occurring |
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within a 30-day period; |
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(2) for a retailer who knowingly sells or offers to |
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sell a counterfeit lighter or unsafe lighter in violation of this |
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chapter, a civil penalty not to exceed $100 for each counterfeit or |
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unsafe lighter sold or offered for sale, but not more than $25,000 |
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for all violations occurring within a 30-day period; and |
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(3) for a person who otherwise violates this chapter |
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or a rule or order adopted under this chapter, a civil penalty not |
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to exceed $1,000 for the first violation or $5,000 for each |
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subsequent violation. |
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(b) If it appears a person has violated, is violating, or is |
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threatening to violate this chapter or a rule or order adopted under |
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this chapter, the attorney general, as determined by the attorney |
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general or on request of the state fire marshal, may bring a civil |
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action in a district court for: |
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(1) injunctive relief to restrain the person from |
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continuing the violation or threat of violation; |
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(2) the assessment of a civil penalty; or |
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(3) both injunctive relief and a civil penalty. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the state fire marshal shall adopt rules necessary to |
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implement the changes in law made by this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |