Alvarado’s Flavor Ban Covers Vape Liquid With No Nicotine

The text as introduced · 516 words

89R4826 JTZ-D

By: Alvarado
S.B. No. 1182

A BILL TO BE ENTITLED

AN ACT

relating to the sale or transfer of flavored cigarettes,

e-cigarettes, and tobacco products and to certain cigarette or

tobacco product advertising.

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

SECTION 1. Section 161.081(1-a)(A), Health and Safety Code,

is amended to read as follows:

(1-a) (A) "E-cigarette" means:

(i) an electronic cigarette or any other

device that simulates smoking by using a mechanical heating

element, battery, or electronic circuit to deliver nicotine or

other substances to the individual inhaling from the device; or

(ii) a consumable liquid solution or other

material aerosolized or vaporized during the use of an electronic

cigarette or other device described by this subdivision , regardless

of whether the liquid or other material contains nicotine .

SECTION 2. 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) "Tobacco product" has the meaning assigned by

Section 155.001, Tax Code.

Sec. 161.096. PROHIBITED SALE OF FLAVORED CIGARETTES,

E-CIGARETTES, OR TOBACCO PRODUCTS. (a) 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 or dessert;

(3) chocolate, cocoa, or vanilla;

(4) fruit;

(5) an herb or spice;

(6) honey;

(7) mint or wintergreen; or

(8) menthol.

(b) There is a rebuttable presumption that a cigarette,

e-cigarette, or tobacco product has a distinguishable taste or

aroma prohibited under Subsection (a) if a person:

(1) publicly states or claims the cigarette,

e-cigarette, or tobacco product imparts a taste or smell other than

the taste or smell of tobacco;

(2) uses text or images on the labeling or packaging of

the cigarette, e-cigarette, or tobacco product to indicate the

cigarette, e-cigarette, or tobacco product imparts a taste or smell

other than the taste or smell of tobacco; or

(3) performs another act directed at consumers that

would reasonably be expected to cause consumers to believe the

cigarette, e-cigarette, or tobacco product imparts a taste or smell

other than the taste or smell of tobacco.

Sec. 161.097. ENFORCEMENT OF SUBCHAPTER. A person who

violates this subchapter is subject to disciplinary action under

Section 161.0901 as if the person violated Subchapter H.

SECTION 3. Subchapter K, Chapter 161, Health and Safety

Code, is amended by adding Section 161.126 to read as follows:

Sec. 161.126. DISCIPLINARY ACTION. A person who violates

this subchapter is subject to disciplinary action under Section

161.0901 as if the person violated Subchapter H.

SECTION 4. Sections 161.097 and 161.126, Health and Safety

Code, as added by this Act, apply only to a violation that occurs on

or after the effective date of this Act.

SECTION 5. This Act takes effect September 1, 2025.