Tobacco

Tobacco sub-topics

Electronic Cigarettes and “New Tobacco” products

Bill # Author Status Brief Description Past Bills (2013)
SB 96 Sen. Juan “Chuy” Hinojosa Passed Senate; referred to Public Education
Failed to Pass.
Adds “vapor products” to section of the Education Code that addresses tobacco products on school campuses.
SB 97 Sen. Juan “Chuy” Hinojosa Signed into law by Governor
Adds "e-cigarettes" to the list of tobacco products regulated in the Health & Safety Code; addresses regulation of the sale, distribution, possession, use, and advertising of tobacco products. Companion Bills: HB 81HB 2321
HB 81 Rep. Ryan Guillen Referred to Public Health; left pending in committee (3/24)
Failed to Pass.
Similar to SB 97 but uses the term “nicotine products” instead of “e-cigarettes.” Companion Bill: SB 97
HB 170 Rep. Carol Alvarado Referred to Public Health; out of committee
Failed to Pass.
Similar to SB 97 but also adds “vapor products” to Fire and Safety Standards (similar to how cigarettes are treated/tested) and adds “vapor products” to section of the Education Code that addresses tobacco products on school campuses.
HB 456 Rep. Roland Gutierrez Passed House; Referred to Administration
Failed to Pass.
Adds “e-cigarettes” to section of the Education Code that addresses tobacco products on school campuses.
HB 646 Rep. Nicole Collier Referred to Public Healthleft pending in committee (3/24)
Failed to Pass.
Adds devices that deliver nicotine vapor (“vapor products”) to the list of tobacco products regulated in the Health & Safety Code; addresses regulation of the sale, distribution, possession, use, and advertising of tobacco products. Also adds “vapor products” to section of the Education Code that addresses tobacco products on school campuses.
HB 647 Rep. Jason Isaac Referred to Public Healthleft pending in committee (3/24)
Failed to Pass.
Would prohibit the sale of "nicotine products" to minors, via change to Health and Safety Code.
HB 970 Rep. Chris Paddie Referred to Public Healthleft pending in committee (3/24)
Failed to Pass.
Would prohibit the sale of "nicotine products" to minors, via change to Health and Safety Code. Includes section on preemption of local law; local regulations can preempt this law if they are equal to or more stringent, or if they relate to an issue not specifically addressed in the Tax Code.
SB 706 Sen. Sylvia Garcia Referred to Health & Human Servicesleft pending in committee (4/6)
Failed to Pass.
Would classify the liquid used to fill electronic cigarettes (sometimes called "e-juice") as a hazardous material in the Health & Safety Code, allowing the state to impose certain regulations such as packaging and labeling. Companion Bill: HB 3612
HB 2321 Rep. Oscar Longoria Referred to Public Healthleft pending in committee (3/24)
Failed to Pass.
Adds "vapor products" to the list of tobacco products regulated in the Health & Safety Code; addresses regulation of the sale, distribution, possession, use, and advertising of tobacco products. Companion Bill: SB 97
HB 3612 Rep. Carol Alvarado Referred to Public Health
Failed to Pass.
Would classify the liquid used to fill electronic cigarettes (sometimes called "e-juice") as a hazardous material in the Health & Safety Code, allowing the state to impose certain regulations such as packaging and labeling. Companion Bill: SB 706
SB 1618 Sen. Craig Estes Referred to Health & Human Services; left pending in committee (3/30)
Failed to Pass.
Would prohibit the sale of "nicotine products" to minors, impose certain labeling requirements, and require child-proof packaging, via change to Health and Safety Code.

Resources

  1. Video, Texas Tobacco Center of Regulatory Science: “What is an e-cigarette and how does it work?”
  2. Webinar archive, Texas Tobacco Center of Regulatory Science: “Risky Business: Kids, E-cigs, Vaping, and New Tobacco Products"
  3. CDC Newsroom: Dec. 11, 2014 – “More than 16 million children live in states where they can buy e-cigarettes legally”

Smoking Restrictions

Bill # Author Status Brief Description Past Bills (2013)
SB 87 Sen. Rodney Ellis Referred to Health & Human Services
Failed to Pass.
Smoke Free Texas legislation: would eliminate smoking in most workplaces and public places. SB 86 Failed to pass; Left pending in Health & Human Services
HB 461 Rep. Terry Canales Referred to Criminal Jurisprudenceleft pending in committee (3/18)
Failed to Pass.
Would make it a Class C misdemeanor to smoke tobacco in a car with a child who is young enough to be required to use a child safety seat.
SB 648 Sen. Carlos Uresti Referred to Health & Human Services
Failed to Pass.
Would prohibit the sale of tobacco to anyone under the age of 19. The current age restriction is 18. Similar bill SB 313 Failed to pass; Left pending in Health & Human Services
HB 2352 Rep. John Zerwas Referred to Public Health
Failed to Pass.
Would prohibit smoking on the grounds of the Texas Capitol complex or in any buildings on the complex. Currently smoking is permitted in House members' offices.
SB 1537 Sen. Konni Burton Referred to State Affairs
Failed to Pass.
Would prohibit counties or municipalities from banning smoking at certain businesses.

Resources

  1. Scholarly article: Effect of smoke-free legislation on perinatal and child health: a systematic review and meta-analysis (The Lancet, 2014)
  2. Smoke-Free Policies Improve Health; scientific reviews, fact sheets, and more from the CDC.
  3. The Toll of Tobacco in Texas; statistics on tobacco usage and monetary costs from Campaign for Tobacco Free Kids.
  4. Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products; report from the Institute of Medicine (2015)

Smoking Cessation

Bill # Author Status Brief Description Past Bills (2013)
HB 3246 Rep. Myra Crownover Referred to Public Health
Failed to Pass.
Would permit pharmacists to dispense tobacco cessation drugs without a prescription (over the counter).

Resources