Bill
HB 1908
85(R) - 2017
Business, Industry, & Commerce
Health
Vote Recommendation
No
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Negative
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Neutral
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Negative
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Negative
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Negative
Author(s)
John Zerwas
Bill Caption
Relating to the distribution, possession, purchase, consumption, and receipt of cigarettes, e-cigarettes, and tobacco products; providing penalties.
Fiscal Notes
From the LBB: Estimated Two-year Net Impact to General Revenue Related
Funds for HB1908, Committee Report 1st House, Substituted: a negative impact of
($3,468,000) through the biennium ending August 31, 2019.
Additionally, the bill will have a direct impact of a
revenue loss to the Property Tax Relief Fund of ($3,688,000) for the 2018-19 biennium.
Any loss to the Property Tax Relief Fund must be made up with an equal amount
of General Revenue to fund the Foundation School Program.
Bill Analysis
HB 1908 would amend the Health and Safety Code to change the definition of minor to a person under 21 years old and prohibit the sale of cigarettes, e-cigarettes, and other tobacco products to those under 21. Also, a person may not sell these products to a person under 30 unless the customer presents a valid ID. This section would not apply to a product that has been approved by the FDA for use of treatment in nicotine or smoking addiction and is required to be labeled with a "Drug Facts" panel.
Vote Recommendation Notes
This bill violates our free market, individual liberty, limited government, and personal responsibility principles by increasing the age restriction on the purchase of tobacco products. At the age of 18 individuals are legally considered adults and it is not the role of government to decrease their ability to purchase tobacco products and be responsible for their own decisions. This bill also hinders the ability of people to earn a living by decreasing the market size. For these reasons, we oppose HB 1908.