TEXAS BUREAU

Texas lawmakers open to state regulations, and perhaps taxes, on vaping and e-cigarettes

The vaping industry pushes back, saying e-cigarettes are effective for some people who are trying to quit smoking.

John C. Moritz
Corpus Christi

AUSTIN — Regulations and perhaps even taxation could be coming for the e-cigarette industry in Texas when the Legislature convenes next in 2021.

Those were among the themes when the state Senate Health and Human Services heard expert testimony Tuesday that linked vaping to a nationwide outbreak of cardiovascular disease and nearly four dozen deaths in recent months.

"I don't know what the solution is, but it's really frustrating that we have an industry that chooses to go down this path," said Sen. Charles Perry, a Lubbock Republican whose district stretches to San Angelo.

Perry and others on the panel that is examining the effects of vaping, especially on teenagers and young adults, predicted the rising rate of e-cigarette usage will soon put an additional burden on resources at a time when health-related expenses are a key driver of the state budget.

Texas lawmakers are examining the health effects of smoking e-cigarettes.

He pointed the finger at Texans who choose to inhale the nicotine-infused vapors of e-cigarettes and at the industry that is not taxed at the same rate as traditional tobacco products.

"I'm tired of picking up the tab for both sides," Perry said.

The remarks came after health professionals from state universities and the M.D. Anderson Cancer Center testified about the rapid rise in vaping and statistics from the Centers for Disease Control showing 2,290 cases of "lung injury" and 47 deaths associated with vaping nationwide. One of the deaths was in Texas.

But Justin Gibson, who owns two vaping shops in the Austin area, said the statistics are misleading. Many of the illnesses, he said, could be blamed on products that escape federal scrutiny and contain THC, the substance that gives marijuana its intoxicating properties. 

That substance remains illegal in Texas and several other states, he said. 

Gibson, a former smoker, said vaping helped him quit cigarettes and that most of his customers are former smokers who struggle with quitting nicotine outright.

Sen. Charles Perry, R-Lubbock

He also said that his stores, along with most reputable vaping retail outlets in the state, strictly observe the recent ban imposed by the Legislature against selling e-cigarettes to anyone under 21.

"The products we sell all come from labs in America," Gibson said. "Every one of them has not only a warning label on it, but it also has where it was made, what it contains and everything else. Now, if you're buying something off the street, from a shady place, then that's part of (the risk you take). That's unfortunate."

Several members of the health panel sought to drill down on how many outlets were selling vaping products to minors. Joshua Tigpen of the Texas comptroller's office said such figures were elusive.

Since the state only imposes a sales tax on the products, it is difficult to pinpoint the vaping-only retail stores, Thigpen said.

Sen. Nathan Johnson, D-Dallas, asked if the task would be easier if vaping products had to meet the same regulatory protocols as tobacco products. Thigpen said it probably would be easier but made it clear that such decisions are up to the Legislature.

Johnson sponsored legislation this year that would have taxed e-cigarettes at the same rate as tobacco products but it did not get a vote. He said he planned to introduce an updated version in 2021.

Committee Chairwoman Lois Kolkhorst, R-Brenham, pointed out that state law does not address whether e-cigarette stores can be placed next door to schools.

The Texas A&M system in October banned e-cigarettes from all of its campuses. Jay Maddock, A&M's chief wellness officer, said enforcement can be a challenge because, unlike smoking, vaping can be easily concealed. There's no distinguishing aroma, and there are no cigarette butts.

Several witnesses said that although e-cigarettes were originally marketed as a way to break the smoking habit, the growing market is young people who have never smoked. And they said while the full health implications are not yet known, the evidence suggests that addicting properties of nicotine can lead to long-term usage.

Steven Kelder of the University of Texas School of Public Health urged the committee to take the potential health implications seriously.

"Let me be clear," he said. "E-cigarettes are dangerous to non-smoking youths." 

John C. Moritz covers Texas government and politics for the USA Today Network in Austin. Contact him at jmoritz@gannett.com and follow him on Twitter @JohnnieMo.

RELATED COVERAGE

More:Texas A&M system bans vaping

More:Vaping is on the rise across the nation. Here's how Texas could address the issue.

More:Q&A: What teens - and many adults - don't know about e-cigarettes and vaping