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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale or transfer of flavored cigarettes, |
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e-cigarettes, and tobacco products and to certain cigarette or |
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tobacco product advertising. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.081(1-a)(A), Health and Safety Code, |
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is amended to read as follows: |
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(1-a) (A) "E-cigarette" means: |
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(i) an electronic cigarette or any other |
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device that simulates smoking by using a mechanical heating |
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element, battery, or electronic circuit to deliver nicotine or |
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other substances to the individual inhaling from the device; or |
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(ii) a consumable liquid solution or other |
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material aerosolized or vaporized during the use of an electronic |
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cigarette or other device described by this subdivision, regardless |
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of whether the liquid or other material contains nicotine. |
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SECTION 2. Chapter 161, Health and Safety Code, is amended |
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by adding Subchapter I to read as follows: |
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SUBCHAPTER I. FLAVORED CIGARETTES, E-CIGARETTES, AND TOBACCO |
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PRODUCTS |
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Sec. 161.095. DEFINITIONS. In this subchapter: |
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(1) "Cigarette" has the meaning assigned by Section |
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154.001, Tax Code. |
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(2) "E-cigarette" has the meaning assigned by Section |
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161.081. |
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(3) "Tobacco product" has the meaning assigned by |
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Section 155.001, Tax Code. |
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Sec. 161.096. PROHIBITED SALE OF FLAVORED CIGARETTES, |
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E-CIGARETTES, OR TOBACCO PRODUCTS. (a) A person may not sell, |
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give, or cause to be sold or given a cigarette, e-cigarette, or |
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tobacco product with a distinguishable taste or aroma other than |
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the taste or aroma of tobacco, including the aroma or taste of: |
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(1) an alcoholic beverage; |
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(2) candy or dessert; |
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(3) chocolate, cocoa, or vanilla; |
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(4) fruit; |
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(5) an herb or spice; |
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(6) honey; |
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(7) mint or wintergreen; or |
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(8) menthol. |
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(b) There is a rebuttable presumption that a cigarette, |
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e-cigarette, or tobacco product has a distinguishable taste or |
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aroma prohibited under Subsection (a) if a person: |
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(1) publicly states or claims the cigarette, |
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e-cigarette, or tobacco product imparts a taste or smell other than |
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the taste or smell of tobacco; |
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(2) uses text or images on the labeling or packaging of |
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the cigarette, e-cigarette, or tobacco product to indicate the |
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cigarette, e-cigarette, or tobacco product imparts a taste or smell |
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other than the taste or smell of tobacco; or |
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(3) performs another act directed at consumers that |
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would reasonably be expected to cause consumers to believe the |
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cigarette, e-cigarette, or tobacco product imparts a taste or smell |
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other than the taste or smell of tobacco. |
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Sec. 161.097. ENFORCEMENT OF SUBCHAPTER. A person who |
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violates this subchapter is subject to disciplinary action under |
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Section 161.0901 as if the person violated Subchapter H. |
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SECTION 3. Subchapter K, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.126 to read as follows: |
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Sec. 161.126. DISCIPLINARY ACTION. A person who violates |
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this subchapter is subject to disciplinary action under Section |
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161.0901 as if the person violated Subchapter H. |
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SECTION 4. Sections 161.097 and 161.126, Health and Safety |
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Code, as added by this Act, apply only to a violation that occurs on |
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or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |