Texas 2023 - 88th Regular

Texas House Bill HB4481

Filed
3/9/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.

Impact

If enacted, HB 4481 would significantly affect the sale and distribution of e-cigarettes and alternative nicotine products in Texas. Retailers would be required to ensure that all products they offer for sale are included in the state's directory, and they face penalties if they sell prohibited items. The comptroller's office would also be tasked with maintaining this directory and enforcing compliance among manufacturers and retailers. This could lead to stricter oversight of the e-cigarette market, influencing both consumers' access and retailers' business practices.

Summary

House Bill 4481 focuses on the regulation of e-cigarettes and alternative nicotine products by creating a directory of products approved for sale in Texas. The bill mandates that manufacturers of these products annually certify compliance with set standards and pay specified fees. Additionally, it aims to restrict sales to individuals under the age of 21, further emphasizing the state's commitment to controlling youth access to nicotine products. The bill also introduces criminal offenses related to sales violations and imposes civil penalties for non-compliance.

Sentiment

The sentiment surrounding HB 4481 is mixed, with strong support from public health advocates who see the measure as a necessary step in reducing youth exposure to nicotine products. However, there are significant concerns from industry representatives who argue that the rigorous regulation could hamper their businesses and lead to job losses within this sector. Many stakeholders express a desire for balanced regulations that do not overreach while still protecting public health.

Contention

Notable points of contention include the financial burden placed on manufacturers who are required to pay annual certification fees, as well as the challenges faced by retailers who must adapt to comply with the new regulatory requirements. Opposition voices also highlight the potential negative impact on small businesses, particularly those that rely on the sale of such products. The debate encapsulates wider discussions on public health priorities versus economic considerations in the regulation of nicotine products.

Companion Bills

TX SB2054

Identical Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.

Previously Filed As

TX HF2406

A bill for an act relating to administration of and taxation on tobacco-related products including imposing a tax on alternative nicotine products and vapor products.

TX SB2663

Alternative nicotine products; prohibit distribution or sale of certain products.

TX HB1315

relative to the sale of tobacco products, e-cigarettes, devices, e-liquids, or alternative nicotine products.

TX HB4001

alternative nicotine products; regulation.

TX SB449

To Provide Civil Immunity For Confiscation Of Alternative Nicotine Products, Vapor Products, E-liquid Products, Tobacco Products, And Cigarette Papers From A Minor At A School.

TX HB4032

alternative nicotine; vapor products; tax.

TX S3131

Defines an alternative nicotine product as any noncombustible product without tobacco leaf but nicotine from another source and also taxes alternative nicotine products at $2.00 per container up to 20 units.

TX H8188

Defines an alternative nicotine product as any noncombustible product without tobacco leaf but nicotine from another source and also taxes alternative nicotine products at $2.00 per container up to 20 units.

TX SB1698

Relating to the sale of certain e-cigarettes in this state and a directory of e-cigarette manufacturers and their products; authorizing fees; authorizing administrative and civil penalties; creating a criminal offense.

TX HB3772

Relating to the sale of certain e-cigarettes in this state and a directory of e-cigarette manufacturers and their products; authorizing fees; authorizing administrative and civil penalties; creating a criminal offense.

Similar Bills

WV SB130

Creating E-cigarette and E-cigarette Liquid Directory

WV SB93

Creating E-cigarette and E-cigarette Liquid Directory

KS SB355

Regulating the manufacture, wholesale and distribution of electronic cigarettes in this state and establishing licensure of electronic cigarette manufacturers.

NJ A1748

Requires school districts to provide instruction on dangers of electronic cigarette usage as part of New Jersey Student Learning Standards in Comprehensive Health and Physical Education.

NV AB536

Revises provisions relating to tobacco. (BDR 32-1098)

WI AB511

The cigarette excise tax and cigarettes that involve heating tobacco without combustion. (FE)

WI SB544

The cigarette excise tax and cigarettes that involve heating tobacco without combustion. (FE)

NJ A3722

Provides phased-in increases in cigarette tax rate over four-year period.