SB2024 - Relating to a prohibition on marketing, advertising, offering for sale, or selling certain e-cigarette products; increasing a criminal penalty; creating a criminal offense.

      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