bill barring hookah sales to anyone under 21

The text as introduced · 583 words

89R8754 MCF-D

By: Lalani
H.B. No. 2300

A BILL TO BE ENTITLED

AN ACT

relating to the distribution of hookahs; creating a criminal

offense.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 161, Health and Safety Code, is amended

by adding Subchapter H-1 to read as follows:

SUBCHAPTER H-1. DISTRIBUTION OF HOOKAHS

Sec. 161.095. DEFINITIONS. In this subchapter:

(1) "Hookah" means a type of water pipe with a long

flexible tube for drawing aerosol through water and used to smoke

tobacco products, including shisha tobacco products, or

non-tobacco products.

(2) "Minor" means an individual under 21 years of age.

(3) "Retailer" means a person who engages in the

practice of selling hookahs to consumers and includes a restaurant,

bar, or cafe at which a hookah is provided for use by customers

on-site. The term includes the owner of a vending machine.

Sec. 161.096. PROHIBITED SALE OR USE OF HOOKAHS TO

INDIVIDUALS YOUNGER THAN 21 YEARS OF AGE; CRIMINAL OFFENSE; PROOF

OF AGE REQUIRED. (a) A person commits an offense if the person,

with criminal negligence:

(1) sells, gives, or provides for use at a retailer, or

causes to be sold, given, or provided for use at a retailer, a

hookah to a minor; or

(2) sells, gives, provides for use, or causes to be

sold, given, or provided for use, a hookah to another person who

intends to deliver the hookah to a minor.

(b) If an offense under this section occurs in connection

with a sale by an agent or employee of a retailer in which hookahs

are sold at retail or provided for customer use on-site, the agent

or employee is criminally responsible for the offense and is

subject to prosecution.

(c) An offense under this section is a Class C misdemeanor.

(d) It is a defense to prosecution under Subsection (a)(1)

that the individual to whom the hookah was sold, given, or provided

for use presented to the defendant an apparently valid proof of

identification.

(e) A proof of identification satisfies the requirements of

Subsection (d) if it contains a physical description and photograph

consistent with the individual's appearance, purports to establish

that the individual is 21 years of age or older, and was issued by a

governmental agency. The proof of identification may include a

driver's license issued by this state or another state, a passport,

or an identification card issued by a state or the federal

government.

(f) It is an exception to the application of Subsection

(a)(1) that the individual to whom the hookah was sold, given, or

provided:

(1) is at least 18 years of age; and

(2) presented at the time of purchase a valid military

identification card of the United States military forces or the

state military forces.

Sec. 161.097. SALE OR PROVISION OF HOOKAH TO INDIVIDUALS

YOUNGER THAN 30 YEARS OF AGE. (a) A person may not sell, give,

provide for use at a retailer, or cause to be sold, given, or

provided for use at a retailer, a hookah to an individual who is

younger than 30 years of age unless the individual to whom the

hookah was sold, given, or provided presents an apparently valid

proof of identification.

(b) An owner of a retailer shall adequately supervise and

train the retailer's agents and employees to prevent a violation of

Subsection (a).

(c) A proof of identification described by Section

161.096(e) satisfies the requirements of Subsection (a).

SECTION 2. This Act takes effect September 1, 2025.