H.B. No. 4758

	AN ACT
	relating to a prohibition on certain e-cigarette products; creating
	a criminal offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  This Act may be cited as the Protecting Children
	from Electronic Cigarette Advertising Act.
	SECTION 2.  Subchapter H, Chapter 161, Health and Safety
	Code, is amended by adding Section 161.0876 to read as follows:
	Sec. 161.0876.  PROHIBITED E-CIGARETTE PRODUCTS. (a)  For
	purposes of this section, "e-cigarette product" 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, or causes to be sold an e-cigarette product, if
	the product's container:
	(1)  depicts a cartoon-like fictional character that
	mimics a character primarily aimed at entertaining minors;
	(2)  imitates or mimics trademarks or trade dress of
	products that are or have been primarily marketed to minors;
	(3)  includes a symbol that is primarily used to market
	products to minors;
	(4)  includes an image of a celebrity; or
	(5)  includes an image that resembles a food product,
	including candy or juice.
	(c)  An offense under this section is a Class B misdemeanor.
	SECTION 3.  This Act takes effect January 1, 2024.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4758 was passed by the House on May 6,
	2023, by the following vote:  Yeas 113, Nays 21, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 4758 on May 25, 2023, by the following vote:  Yeas 123, Nays 18,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4758 was passed by the Senate, with
	amendments, on May 23, 2023, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor