Relating to the sale and distribution of counterfeit or unsafe lighters; imposing a civil penalty.

89(R) HB 3787 - Engrossed version - Bill Text

89R9290 JTZ-F

By: Lujan

H.B. No. 3787

A BILL TO BE ENTITLED

AN ACT

relating to the sale and distribution of counterfeit or unsafe

lighters; imposing a civil penalty.

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

SECTION 1. Subtitle C, Title 9, Health and Safety Code, is

amended by adding Chapter 798 to read as follows:

CHAPTER 798. COUNTERFEIT AND UNSAFE LIGHTERS

Sec. 798.001. DEFINITIONS. In this chapter:

(1)

"Counterfeit lighter" means a lighter made as an

imitation of a brand name lighter in violation of the intellectual

property laws of this state or of the United States.

(2) "Lighter" means any device that:

(A)

operates using an electrical current or

striking mechanism and any type of hydrocarbon fuel, such as

benzene, butane, or naphtha; and

(B)

produces a small flame for the purpose of

igniting a cigarette, cigar, pipe, fireplace, charcoal or gas

grill, or other apparatus.

(3) "Unsafe lighter" means:

(A)

any disposable or refillable lighter that is

not in compliance with each applicable provision of the American

Society for Testing and Materials Standard F400-20, "Standard

Consumer Safety Specification for Lighters," as it existed on

January 1, 2025; or

(B)

any grill or utility lighter that is not in

compliance with each applicable provision of the American Society

for Testing and Materials Standard F2201-20, "Standard Consumer

Safety Specification for Utility Lighters," as it existed on

January 1, 2025.

Sec.

798.002.

PROHIBITED SALE AND DISTRIBUTION OF

COUNTERFEIT LIGHTERS AND UNSAFE LIGHTERS. A person may not sell,

distribute, or offer for sale in this state any counterfeit lighter

or unsafe lighter, including by:

(1) providing free samples; or

(2)

engaging in wholesale, retail, in-person, or

online sales.

Sec.

798.003.

EXCEPTION FOR INTERSTATE TRANSPORTATION AND

STORAGE OF LIGHTERS. This chapter does not prohibit:

(1)

interstate transportation of counterfeit lighters

or unsafe lighters through this state; or

(2)

the storage of counterfeit lighters or unsafe

lighters in a distribution center or warehouse located in this

state, provided the distribution center or warehouse is closed to

the public and does not sell or distribute the lighters to persons

in this state.

Sec.

798.004.

RULES. The state fire marshal shall adopt

rules to administer this chapter.

Sec.

798.005.

INSPECTION. The state fire marshal may

inspect the records and lighters in the possession of a person who

manufactures, stores, or sells the lighters to verify compliance

with this chapter.

Sec.

798.006.

CIVIL PENALTY; INJUNCTION. (a) A person who

knowingly violates this chapter or a rule adopted under this

chapter is subject to a civil penalty as follows:

(1)

for a manufacturer, wholesale dealer, or agent who

knowingly sells or offers to sell a counterfeit lighter or unsafe

lighter in violation of this chapter, a civil penalty not to exceed

$100 for each counterfeit or unsafe lighter sold or offered for

sale, but not more than $100,000 for all violations occurring

within a 30-day period;

(2)

for a retailer who knowingly sells or offers to

sell a counterfeit lighter or unsafe lighter in violation of this

chapter, a civil penalty not to exceed $100 for each counterfeit or

unsafe lighter sold or offered for sale, but not more than $25,000

for all violations occurring within a 30-day period; and

(3)

for a person who otherwise violates this chapter

or a rule or order adopted under this chapter, a civil penalty not

to exceed $1,000 for the first violation or $5,000 for each

subsequent violation.

(b)

If it appears a person has violated, is violating, or is

threatening to violate this chapter or a rule or order adopted under

this chapter, the attorney general, as determined by the attorney

general or on request of the state fire marshal, may bring a civil

action in a district court for:

(1)

injunctive relief to restrain the person from

continuing the violation or threat of violation;

(2) the assessment of a civil penalty; or

(3) both injunctive relief and a civil penalty.

SECTION 2. As soon as practicable after the effective date

of this Act, the state fire marshal shall adopt rules necessary to

implement the changes in law made by this Act.

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