Bill Text: TX HB1872 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the prohibited sale of certain flavored e-cigarettes; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-07 - Referred to Public Health [HB1872 Detail]
Download: Texas-2023-HB1872-Introduced.html
| 88R8311 KKR-D | ||
| By: Thierry | H.B. No. 1872 | |
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| relating to the prohibited sale of certain flavored e-cigarettes; | ||
| providing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 161, Health and Safety Code, is amended | ||
| by adding Subchapter I to read as follows: | ||
| SUBCHAPTER I. FLAVORED E-CIGARETTES | ||
| Sec. 161.095. DEFINITION. In this subchapter, | ||
| "e-cigarette" has the meaning assigned by Section 161.081. | ||
| Sec. 161.096. PROHIBITED SALE OF CERTAIN FLAVORED | ||
| E-CIGARETTES. (a) A person may not sell, give, or cause to be sold | ||
| or given an e-cigarette with a distinguishable taste or aroma other | ||
| than the taste or aroma of tobacco or menthol, including the aroma | ||
| or taste of: | ||
| (1) an alcoholic beverage; | ||
| (2) candy or dessert; | ||
| (3) chocolate, cocoa, or vanilla; | ||
| (4) fruit; | ||
| (5) an herb or spice; | ||
| (6) honey; or | ||
| (7) mint or wintergreen. | ||
| (b) There is a rebuttable presumption that an e-cigarette | ||
| has a distinguishable taste or aroma prohibited under Subsection | ||
| (a) if a person: | ||
| (1) makes a public statement or claim that the | ||
| e-cigarette imparts a taste or smell other than the taste or smell | ||
| of tobacco or menthol; | ||
| (2) uses text or images on the labeling or packaging of | ||
| the e-cigarette to indicate the e-cigarette imparts a taste or | ||
| smell other than the taste or smell of tobacco or menthol; or | ||
| (3) takes other action directed at consumers that | ||
| would reasonably be expected to cause consumers to believe the | ||
| e-cigarette imparts a taste or smell other than the taste or smell | ||
| of tobacco or menthol. | ||
| Sec. 161.097. CIVIL PENALTY. (a) A person who violates | ||
| Section 161.096 is liable to this state for a civil penalty of $250 | ||
| for each violation. | ||
| (b) The attorney general may sue to collect the penalty. | ||
| (c) The attorney general shall file an action under this | ||
| section in a district court in Travis County or the county in which | ||
| the violation occurred. | ||
| (d) The attorney general may recover reasonable expenses | ||
| incurred in obtaining a civil penalty under this section, including | ||
| court costs, reasonable attorney's fees, investigative costs, | ||
| witness fees, and deposition expenses. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
