Texas 2025 - 89th Regular

Texas House Bill HB3772

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

This bill is designed to enhance public health measures by controlling the availability of e-cigarettes, particularly those containing nicotine. It establishes compliance requirements for manufacturers, including the submission of certification forms and payment of a $2,500 fee per product. The comptroller will maintain an updated directory, which is intended to simplify oversight and enforcement of the sale of e-cigarettes, potentially leading to a decrease in unregulated products entering the state market. The intended outcome is to protect consumers and reduce health risks associated with vaping products.

Summary

House Bill 3772 aims to regulate the sale of certain e-cigarettes within the state of Texas by establishing a directory of e-cigarette manufacturers and their products. The bill mandates that e-cigarette manufacturers must submit annual certifications verifying compliance with both state regulations and federal standards as set by the United States Food and Drug Administration (FDA). The legislation clearly states that only products included in this directory may be sold at retail, impacting the current marketplace significantly by restricting sales to approved items only.

Contention

Notable points of contention surrounding HB 3772 include concerns about economic implications for e-cigarette retailers and manufacturers who may face penalties for non-compliance. The bill introduces strict administrative and civil penalties, leading to potential financial repercussions for violations of certification processes. Additionally, a criminal offense is established for manufacturers that falsely represent information on their certification forms, classifying such acts as Class B misdemeanors. This strong regulatory stance could encounter significant pushback from industry stakeholders who argue that such stringent regulations may hinder market availability and innovation.

Companion Bills

TX SB1698

Identical 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.

Previously Filed As

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 HB2094

Authorizing the sale of electronic cigarettes in cigarette vending machines.

TX SB2850

Cigarettes and vape products; require Commissioner of Revenue to establish separate directories to regulate sales of.

TX HB916

Cigarettes and vape products; require Commissioner of Revenue to establish separate directories to regulate sale of.

TX SB1313

Relating to prohibited signs, logos, and designs in advertising or marketing cigarettes, e-cigarettes, or other tobacco products; creating a criminal offense.

TX SB1182

Relating to the sale or transfer of flavored cigarettes, e-cigarettes, and tobacco products and to certain cigarette or tobacco product advertising.

TX SB355

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

TX SB464

Relating to the operation near a public or private primary or secondary school of a retail establishment selling cigarettes, e-cigarettes, vaping apparatuses, or tobacco products; creating a criminal offense.

TX HF2664

A bill for an act increasing the tax on cigarettes and vapor products.

TX SB2024

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

Similar Bills

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.

KS SB355

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

MS HB916

Cigarettes and vape products; require Commissioner of Revenue to establish separate directories to regulate sale of.

MS SB2850

Cigarettes and vape products; require Commissioner of Revenue to establish separate directories to regulate sales of.

MI SB0582

Taxation: tobacco; tax on certain nicotine and vapor products; establish, and provide for various amendments. Amends title & secs. 2, 3, 6, 6a, 6c, 6d, 7, 8, 9, 11, 12 & 14 of 1993 PA 327 (MCL 205.422 et seq.).

PA HB1425

An act amending the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, in cigarette sales and licensing, further providing for definitions and providing for presumed cost of doing business by retailer; providing for tobacco products; and making repeals.