TITLE: Relating to the regulation of cigarettes and tobacco products, including the definitions of cigarettes and tobacco products.

SUMMARY: Relating to the regulation of cigarettes and tobacco products, including the definitions of cigarettes and tobacco products.

FULL TEXT:
AN ACT relating to the regulation of cigarettes and tobacco products, including the definitions of cigarettes and tobacco products. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. This Act may be cited as the Nicotine Access Protection Act. SECTION 2. Sections 161.081(1) and (5), Health and Safety Code, are amended to read as follows: (1) "Cigarette" means any product intended to be burned or heated under ordinary conditions of use and consisting of or containing: (A) a roll of tobacco, herbs, or hemp wrapped in paper or another substance that does not contain tobacco; (B) any form of tobacco, herbs, or hemp used as a filler in a product that, because of the product's appearance, the type of tobacco, herbs, or hemp used as the filler, or the product's packaging and labeling, is likely to be offered to or purchased by a consumer as a cigarette; or (C) a roll of tobacco, herbs, or hemp wrapped in any substance containing tobacco that, because of the product's appearance, the type of tobacco, herbs, or hemp used as the filler, or the product's packaging and labeling, is likely to be offered to or purchased by a consumer as a cigarette [has the meaning assigned by Section 154.001, Tax Code].(5) "Tobacco product" means any product made of or derived from tobacco or containing nicotine, including synthetically derived nicotine, that is intended for human consumption. The term includes any component, part, or accessory of the product. The term does not include raw materials, other than tobacco, used in the manufacturing of a component, part, or accessory of a tobacco product [has the meaning assigned by Section 155.001, Tax Code].SECTION 3. Section 161.0815, Health and Safety Code, is amended to read as follows: Sec. 161.0815. NONAPPLICABILITY. This subchapter does not apply to a product:(1) that is: (A) [(1)] approved by the United States Food and Drug Administration for use in the treatment of nicotine or smoking addiction; and (B) [(2)] labeled with a "Drug Facts" panel in accordance with regulations of the United States Food and Drug Administration;or (2) that does not contain nicotine or contains only trace amounts of naturally occurring nicotine and constitutes: (A) a food as defined by Section 201(f), Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f)); (B) a drug as defined by Section 201(g)(1), Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)); (C) a device as defined by Section 201(h)(1), Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)(1)); or (D) a combination product regulated under Section 503(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(g)).SECTION 4. Sections 161.121(2) and (5), Health and Safety Code, are amended to read as follows: (2) "Cigarette" has the meaning assigned by Section 161.081 [154.001, Tax Code].(5) "Tobacco product" has the meaning assigned by Section 161.081 [155.001, Tax Code].SECTION 5. Sections 161.251(1) and (2), Health and Safety Code, are amended to read as follows: (1) "Cigarette" has the meaning assigned by Section 161.081 [154.001, Tax Code].(2) "Tobacco product" has the meaning assigned by Section 161.081 [155.001, Tax Code].SECTION 6. Sections 161.351(1) and (3), Health and Safety Code, are amended to read as follows: (1) "Cigarette" has the meaning assigned by Section 161.081 [154.001, Tax Code].(3) "Tobacco product" has the meaning assigned by Section 161.081 [155.001, Tax Code].SECTION 7. This Act takes effect September 1, 2025.