Bill Text: TX SB440 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the prohibited distribution of flavored cigarettes, e-cigarettes, and tobacco products; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-09 - Referred to State Affairs [SB440 Detail]
Download: Texas-2021-SB440-Introduced.html
| 87R1895 SRA-F | ||
| By: Blanco | S.B. No. 440 | |
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| relating to the prohibited distribution of flavored cigarettes, | ||
| e-cigarettes, and tobacco products; 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 CIGARETTES, E-CIGARETTES, AND | ||
| TOBACCO PRODUCTS | ||
| Sec. 161.095. DEFINITIONS. In this subchapter: | ||
| (1) "Cigarette" has the meaning assigned by Section | ||
| 154.001, Tax Code. | ||
| (2) "E-cigarette" has the meaning assigned by Section | ||
| 161.081. | ||
| (3) "Hookah" means a type of water pipe with a long | ||
| flexible tube for drawing aerosol through water and used to smoke | ||
| shisha tobacco products or other tobacco products. | ||
| (4) "Loose leaf tobacco" means cut or shredded pipe | ||
| tobacco that is usually sold in a pouch. The term does not include | ||
| tobacco product that, because of its appearance, type, packaging, | ||
| or labeling, is suitable for use and likely to be offered to or | ||
| purchased by a consumer as tobacco for making cigarettes. | ||
| (5) "Premium cigar" means any cigar that: | ||
| (A) is handmade; | ||
| (B) is capped by hand; | ||
| (C) is not mass produced by a machine; | ||
| (D) has a wrapper made entirely from whole leaf | ||
| tobacco; | ||
| (E) has a wholesale price of not less than $12; | ||
| and | ||
| (F) does not have a filter, tip, or nontobacco | ||
| mouthpiece. | ||
| (6) "Shisha tobacco product" means a tobacco product | ||
| smoked or intended to be smoked in a hookah. | ||
| (7) "Tobacco product" has the meaning assigned by | ||
| Section 155.001, Tax Code. | ||
| Sec. 161.096. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
| does not apply to: | ||
| (1) a shisha tobacco product that imparts a | ||
| distinguishable taste or aroma other than the taste or aroma of | ||
| tobacco by a person who is engaged in the retail sale of shisha | ||
| tobacco products, hookahs, and hookah smoking accessories; | ||
| (2) a premium cigar; or | ||
| (3) loose leaf tobacco. | ||
| Sec. 161.097. PROHIBITED DISTRIBUTION OF FLAVORED | ||
| CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS. A person may not | ||
| sell, give, or cause to be sold or given a cigarette, e-cigarette, | ||
| or tobacco product with a distinguishable taste or aroma other than | ||
| the taste or aroma of tobacco, including the aroma or taste of: | ||
| (1) an alcoholic beverage; | ||
| (2) candy; | ||
| (3) chocolate or vanilla; | ||
| (4) fruit; | ||
| (5) an herb or spice; | ||
| (6) honey; | ||
| (7) menthol; or | ||
| (8) mint or wintergreen. | ||
| Sec. 161.098. CIVIL PENALTY. (a) A person who violates | ||
| Section 161.097 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, 2021. | ||
