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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on marketing, advertising, or selling |
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certain e-cigarette products; 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. 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 solution or material contains nicotine. |
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SECTION 2. Sections 161.0876(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) For purposes of this section, "e-cigarette product" |
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includes any substance [containing nicotine from any source that |
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is] intended for use in an e-cigarette, regardless of whether the |
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substance contains nicotine. |
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(b) A person commits an offense if the person markets, |
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advertises, sells, or causes to be sold an e-cigarette product: |
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(1) in a product [, if the product's] container that: |
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(A) [(1)] depicts a cartoon-like fictional |
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character that mimics a character primarily aimed at entertaining |
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minors; |
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(B) [(2)] imitates or mimics trademarks or trade |
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dress of products that are or have been primarily marketed to |
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minors; |
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(C) [(3)] includes a symbol that is primarily |
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used to market products to minors; |
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(D) [(4)] includes an image or name of a |
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celebrity; or |
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(E) [(5)] includes an image that resembles a food |
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product, including candy or juice; |
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(2) in a product shape or design disguised to appear as |
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an alternative product, including a product in the shape or design |
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of: |
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(A) a school or office supply, such as a |
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highlighter, marker, ink pen, or pencil; |
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(B) a smart phone, smart watch, smart phone case, |
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or smart watch case; |
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(C) headphones, including ear buds; |
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(D) clothing; |
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(E) a backpack; |
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(F) a cosmetic, including lipstick; or |
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(G) a toy; |
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(3) that was manufactured in China; or |
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(4) that contains or is mixed with any cannabinoids, |
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alcohol, kratom, kava, mushrooms, or a derivative of any of those |
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items. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |