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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited signs, logos, and designs in advertising or |
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marketing cigarettes, e-cigarettes, or other tobacco products; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter K, Chapter 161, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE, |
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E-CIGARETTE, OR TOBACCO PRODUCT ADVERTISING; FEE |
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SECTION 2. Subchapter K, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.124 to read as follows: |
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Sec. 161.124. PROHIBITED IMAGES AND SIGNAGE; CRIMINAL |
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OFFENSE. (a) In this section, "e-cigarette" and "retailer" have |
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the meanings assigned by Section 161.081. |
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(b) A retailer commits an offense if the retailer: |
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(1) uses in any manner related to the retailer's |
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marketing, advertising, or sale of cigarettes, e-cigarettes, or |
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tobacco products a sign, logo, or other design mark that: |
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(A) depicts a cartoon-like fictional character |
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primarily aimed at entertaining minors; |
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(B) imitates or mimics the trademarks or visual |
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appearance of products primarily marketed to minors; |
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(C) includes a symbol primarily used to market |
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products to minors; |
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(D) includes an image of a celebrity; or |
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(E) includes an image resembling a food product, |
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such as candy or juice; or |
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(2) uses decorative components, including signs, |
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graphics, animation, or dynamic lighting, in a manner that presents |
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the exterior of the retailer's premises with a visual appearance of |
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a nightclub or a game room as defined by Section 234.131, Local |
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Government Code. |
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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 September 1, 2025. |