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

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