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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibited signs, logos, and designs in advertising or |
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marketing cigarettes, e-cigarettes, or other tobacco products; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter K, Chapter 161, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE, |
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E-CIGARETTE, OR TOBACCO PRODUCT ADVERTISING; FEE |
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SECTION 2. Subchapter K, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.124 to read as follows: |
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Sec. 161.124. PROHIBITED IMAGES AND SIGNAGE; CRIMINAL |
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OFFENSE. (a) In this section, "e-cigarette" and "retailer" have |
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the meanings assigned by Section 161.081. |
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(b) A retailer commits an offense if the retailer uses in |
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any manner related to the retailer's marketing, advertising, or |
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sale of cigarettes, e-cigarettes, or tobacco products a sign, logo, |
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or other design mark that: |
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(1) depicts a cartoon-like fictional character |
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primarily aimed at entertaining minors; |
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(2) imitates or mimics the trademarks or visual |
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appearance of products primarily marketed to minors; |
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(3) includes a symbol primarily used to market |
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products to minors; |
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(4) includes an image of a celebrity; or |
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(5) includes an image resembling a food product, such |
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as candy or juice. |
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(c) An offense under this section is a Class B misdemeanor. |
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SECTION 3. This Act takes effect September 1, 2025. |