HB5024 - Relating to the regulation of cigarettes and tobacco products, including the definitions of cigarettes and tobacco products.

  89R15613 MCF-F     By: Hickland H.B. No. 5024       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of cigarettes and tobacco products,   including the definitions of cigarettes and tobacco products.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Nicotine Access   Protection Act.          SECTION 2.  Sections 161.081(1) and (5), Health and Safety   Code, are amended to read as follows:                (1)  "Cigarette" means any product intended to be   burned or heated under ordinary conditions of use and consisting of   or containing:                       (A)     a roll of tobacco, herbs, or hemp wrapped in   paper or another substance that does not contain tobacco;                       (B)     any form of tobacco, herbs, or hemp used as a   filler in a product that, because of the product's appearance, the   type of tobacco, herbs, or hemp used as the filler, or the product's   packaging and labeling, is likely to be offered to or purchased by a   consumer as a cigarette; or                       (C)     a roll of tobacco, herbs, or hemp wrapped in   any substance containing tobacco that, because of the product's   appearance, the type of tobacco, herbs, or hemp used as the filler,   or the product's packaging and labeling, is likely to be offered to   or purchased by a consumer as a cigarette [ has the meaning assigned   by Section 154.001, Tax Code ].                (5)  "Tobacco product" means any product made of or   derived from tobacco or containing nicotine, including   synthetically derived nicotine, that is intended for human   consumption. The term includes any component, part, or accessory   of the product.   The term does not include raw materials, other than   tobacco, used in the manufacturing of a component, part, or   accessory of a tobacco product [ has the meaning assigned by Section   155.001, Tax Code ].          SECTION 3.  Section 161.0815, Health and Safety Code, is   amended to read as follows:          Sec. 161.0815.  NONAPPLICABILITY. This subchapter does not   apply to a product :                 (1)   that is:                       (A)  [ (1) ]  approved by the United States Food and   Drug Administration for use in the treatment of nicotine or smoking   addiction; and                       (B)  [ (2) ]  labeled with a "Drug Facts" panel in   accordance with regulations of the United States Food and Drug   Administration ; or                 (2)     that does not contain nicotine or contains only   trace amounts of naturally occurring nicotine and constitutes:                       (A)     a food as defined by Section 201(f), Federal   Food, Drug, and Cosmetic Act (21 U.S.C. 321(f));                       (B)     a drug as defined by Section 201(g)(1),   Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1));                       (C)     a device as defined by Section 201(h)(1),   Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)(1)); or                       (D)     a combination product regulated under   Section 503(g) of the Federal Food, Drug, and Cosmetic Act (21   U.S.C. 353(g)) .          SECTION 4.  Sections 161.121(2) and (5), Health and Safety   Code, are amended to read as follows:                (2)  "Cigarette" has the meaning assigned by Section   161.081 [ 154.001, Tax Code ].                (5)  "Tobacco product" has the meaning assigned by   Section 161.081 [ 155.001, Tax Code ].          SECTION 5.  Sections 161.251(1) and (2), Health and Safety   Code, are amended to read as follows:                (1)  "Cigarette" has the meaning assigned by Section   161.081 [ 154.001, Tax Code ].                (2)  "Tobacco product" has the meaning assigned by   Section 161.081 [ 155.001, Tax Code ].          SECTION 6.  Sections 161.351(1) and (3), Health and Safety   Code, are amended to read as follows:                (1)  "Cigarette" has the meaning assigned by Section   161.081 [ 154.001, Tax Code ].                (3)  "Tobacco product" has the meaning assigned by   Section 161.081 [ 155.001, Tax Code ].          SECTION 7.  This Act takes effect September 1, 2025.