bill raising the hookah age to 21

The text as introduced · 589 words

90R3188 SRA-D

By: Lalani
H.B. No. 188

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. Subtitle H, Title 2, Health and Safety Code, is

amended by adding Chapter 161C to read as follows:

CHAPTER 161C. DISTRIBUTION OF HOOKAHS

Sec. 161C.001. DEFINITIONS. In this chapter:

(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 nontobacco

products.

(2) "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. 161C.002. PROHIBITED SALE OR PROVISION OF HOOKAH FOR

USE BY INDIVIDUAL 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 an individual younger than 21 years of age; 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 an individual younger than 21 years

of age.

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

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

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

employee or agent 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. 161C.003. SALE OR PROVISION OF HOOKAH TO INDIVIDUAL

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 employees and agents to prevent a violation of

Subsection (a).

(c) A proof of identification described by Section

161C.002(e) satisfies the requirements of Subsection (a).

SECTION 2. This Act takes effect September 1, 2027.