Monitoring the Session

HB 5053

Banning China-made vapes and vapes disguised as everyday items

Died in committee

Verdict: No flags

No flagsReviewed
Rep. Jeff LeachRHouse 67

Editor's call: No flags. On Nov 1, 2026 the editor checked this charge against the bill's caption and removed it.

Corrected Nov 1, 2026

Corrected Nov 1, 2026 · We checked this summary against the bill text and fixed it.

Reviewed · Nov 1, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

relating to a prohibition on marketing, advertising, or selling certain e-cigarette products; creating a criminal offense.

Caption from analyzed text · version I.

Summary

Adds these products to restrictions on marketing, advertising and sales.

The bill rewrites an existing Texas offense on e-cigarette sales, so it now covers kid-appealing packaging, vapes disguised as everyday items, and any e-cigarette product made in China. It touches manufacturers, distributors, retailers and advertisers of vape products sold in Texas. Starting September 1, 2025, selling or marketing a vape shaped like a highlighter, phone, earbuds, clothing, backpack, lipstick or toy, or one made in China, becomes an offense.

Labels

Labels: CREATES AN OFFENSE. The caption of the graded version (introduced) reads: “relating to a prohibition on marketing, advertising, or selling certain e-cigarette products; creating a criminal offense.”

Receipt

The receipt

89R-HB5053 · 2025-03-13

SOLD BY

Rep. Jeff LeachRHouse 67

+ 1 coauthor

ITEM

relating to a prohibition on marketing, advertising, or selling certain e-cigarette products; creating a criminal offense.

WHAT IT DOES

Adds these products to restrictions on marketing, advertising and sales.

The bill rewrites an existing Texas offense on e-cigarette sales, so it now covers kid-appealing packaging, vapes disguised as everyday items, and any e-cigarette product made in China. It touches manufacturers, distributors, retailers and advertisers of vape products sold in Texas. Starting September 1, 2025, selling or marketing a vape shaped like a highlighter, phone, earbuds, clothing, backpack, lipstick or toy, or one made in China, becomes an offense.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Public Health
FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

CAMPAIGN PAID FOR BY

Jeff Leach

Donors

Texans for Lawsuit Reform PAC$1.14MTexas Conservative Majority PAC$273KRepublican Party of Texas$182K

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

Derived itemized flow · Oct 28, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Texans for Lawsuit Reform PAC$1,141,482.69

Texans for Lawsuit Reform PAC

$1,141,482.69

Cash
$555,000.00
Paid by others
$586,482.69
Total
$1,141,482.69
digital $316,766.74mail $154,662.95advertising $89,953.00polling $25,100.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 25, 2025 to Oct 13, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101004498, 101024562, 101039760, 101044787, 101067510, 101072948.

Texas Conservative Majority PAC$273,017.05

Texas Conservative Majority PAC

$273,017.05

Cash
$35,000.00
Paid by others
$238,017.05
Total
$273,017.05
canvassing $150,000.00digital $70,627.07Other filed descriptions $16,666.67texting $723.31

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Feb 9, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101039760, 101044787, 101067510, 101072948.

Republican Party of Texas$182,117.94

Republican Party of Texas

$182,117.94

Cash
$0.00
Paid by others
$182,117.94
Total
$182,117.94
mail $182,117.94

Also funds 12 other sitting lawmakers.

Derived recipient stock · Oct 31, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 30, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101072948.

Money

Missing data does not establish zero giving. Display amounts are rounded.

×

Texans for Lawsuit Reform PAC

$1,141,482.69

Cash
$555,000.00
Paid by others
$586,482.69
Total
$1,141,482.69
digital $316,766.74mail $154,662.95advertising $89,953.00polling $25,100.00

Also funds 124 other sitting lawmakers.

Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 25, 2025 to Oct 13, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101004498, 101024562, 101039760, 101044787, 101067510, 101072948.

×

Texas Conservative Majority PAC

$273,017.05

Cash
$35,000.00
Paid by others
$238,017.05
Total
$273,017.05
canvassing $150,000.00digital $70,627.07Other filed descriptions $16,666.67texting $723.31

Also funds 42 other sitting lawmakers.

Derived recipient stock · Jan 23, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Feb 9, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101039760, 101044787, 101067510, 101072948.

×

Republican Party of Texas

$182,117.94

Cash
$0.00
Paid by others
$182,117.94
Total
$182,117.94
mail $182,117.94

Also funds 12 other sitting lawmakers.

Derived recipient stock · Oct 31, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Sep 30, 2026 to Oct 23, 2026. State data as of Nov 4, 2026.

Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.

Report IDs: 101072948.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

How this was graded

Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.

Sources

Texas House · Filed Mar 13, 2025

04/07/2025 H Referred to Public Health: Apr 7 2025 5:28PM

Texas Legislature Online · Introduced

Data snapshot Nov 1, 2026 at 10:30 AM CST. Grades, charges, quotes and corrections follow the published record.

Coauthors
Penny Morales ShawDHouse 148

House committee · Public Health · Final status: Died in committee

Companion

SB 2024 by Perry (identical)

Subjects

Health--General

Safety

Tobacco Products

ADVERTISING

PACKAGING & LABELING REQUIREMENTS

Text

The text as introduced · 346 words

89R15189 MCF-F

By: Leach
H.B. No. 5053

A BILL TO BE ENTITLED

AN ACT

relating to a prohibition on marketing, advertising, or selling

certain e-cigarette products; creating a criminal offense.

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

SECTION 1. Section 161.0876(b), Health and Safety Code, is

amended to read as follows:

(b) A person commits an offense if the person markets,

advertises, sells, or causes to be sold an e-cigarette product :

(1) in a product [ , if the product's ] container that :

(A) [ (1) ] depicts a cartoon-like fictional

character that mimics a character primarily aimed at entertaining

minors;

(B) [ (2) ] imitates or mimics trademarks or trade

dress of products that are or have been primarily marketed to

minors;

(C) [ (3) ] includes a symbol that is primarily

used to market products to minors;

(D) [ (4) ] includes an image of a celebrity; or

(E) [ (5) ] includes an image that resembles a food

product, including candy or juice ;

(2) in a product shape or design disguised to appear as

an alternative product, including a product in the shape or design

of:

(A) a school or office supply, such as a

highlighter, marker, ink pen, or pencil;

(B) a smart phone, smart watch, smart phone case,

or smart watch case;

(C) headphones, including ear buds;

(D) clothing;

(E) a backpack;

(F) a cosmetic, including lipstick; or

(G) a toy; or

(3) that was manufactured in China .

SECTION 2. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 3. This Act takes effect September 1, 2025.