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89(R) SB 2024 - Enrolled version - Bill Text
S.B. No. 2024
AN ACT
relating to a prohibition on marketing, advertising, offering for
sale, or selling certain e-cigarette products; increasing a
criminal penalty; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 161.081(1-a)(A) and (B), Health and
Safety Code, are 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 solution or material contains nicotine
.
(B) The term "e-cigarette" does not include a
prescription medical device
, prescription medication, or other
prescribed substance
unrelated to the cessation of smoking.
SECTION 2. Section 161.0876, Health and Safety Code, is
amended to read as follows:
Sec. 161.0876. PROHIBITED E-CIGARETTE PRODUCTS. (a) For
purposes of this section, "e-cigarette product"
means a consumable
liquid solution or other material aerosolized or vaporized during
the use of an electronic cigarette or other device described by
Section 161.081(1-a), regardless of whether the liquid solution or
material contains nicotine. The term does not include a
prescription medication or other prescribed substance unrelated to
the cessation of smoking
[
includes any substance containing
nicotine from any source that is intended for use in an
e-cigarette
].
(b) A person commits an offense if the person markets,
advertises, sells,
offers for sale,
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
or name
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;
(3)
that is wholly or partially manufactured in or
marketed as being manufactured in:
(A) China; or
(B)
a country designated as a foreign adversary
by the United States secretary of commerce under 15 C.F.R. Section
791.4; or
(4)
that contains, is mixed with, or is marketed as
containing or being mixed with any cannabinoids, alcohol, kratom,
kava, mushrooms, tianeptine, or any derivatives of those
substances
.
(c) An offense under this section is a Class
A
[
B
]
misdemeanor.
SECTION 3. Section 161.0876, Health and Safety Code, as
amended by this Act, applies only to an offense committed on or
after September 1, 2025. An offense committed before that date 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 September
1, 2025, if any element of the offense occurred before that date.
SECTION 4. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
every person, group of persons, or circumstances, is severable from
each other. If any application of any provision in this Act to any
person, group of persons, or circumstances is found by a court to be
invalid for any reason, the remaining applications of that
provision to all other persons and circumstances shall be severed
and may not be affected.
SECTION 5. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 2024 passed the Senate on
April 23, 2025, by the following vote: Yeas 30, Nays 1;
May 29, 2025, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 30, 2025, House
granted request of the Senate; June 1, 2025, Senate adopted
Conference Committee Report by the following vote: Yeas 30,
Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2024 passed the House, with
amendments, on May 28, 2025, by the following vote: Yeas 128,
Nays 7, two present not voting; May 30, 2025, House granted request
of the Senate for appointment of Conference Committee;
June 1, 2025, House adopted Conference Committee Report by the
following vote: Yeas 96, Nays 35, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor