HB 1908

85(R) - 2017
Business, Industry, & Commerce

Vote Recommendation

  • Negative
  • Neutral
  • Negative
  • Negative
  • Negative


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.