SB1313

The act expressly incorporates the existing definitions of “retailer” and “e-cigarette.” Retailers include people selling covered products to consumers and owners of covered vending machines, not only stores devoted exclusively to tobacco. The existing subchapter definition of “sign” describes an outdoor medium visible from a street or highway; the new offense also separately refers to a “logo” or “other design mark.” Applying those terms to a particular advertisement is distinct from simply assuming every image anywhere is prohibited. Final law, section 161.124(a)–(b); Incorporated definitions; Advertising-subchapter definitions.

The introduced bill also would have prohibited decorative signs, graphics, animation or dynamic lighting that made a retailer’s exterior look like a nightclub or game room. The Senate substitute removed that separate storefront-appearance provision. It did not become law. All five image categories and the Class B penalty remained; the heading was updated to include e-cigarettes. Introduced bill; Senate substitute; Final law.

The Senate-passed, House committee and enrolled substantive texts match the substitute. The official amendment index lists no separate amendments; the deletion occurred through the committee substitute. Senate-passed text; House committee text; Text-version index; Amendment index.

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

Retailers using covered imagery face redesign or removal decisions and possible criminal exposure. The restrictions may reduce minors’ exposure to some appealing tobacco-product imagery, but the act does not establish measured reductions in youth use or quantify business compliance costs. The removed nightclub/game-room provision should not be used to describe what SB1313 requires. This review describes the enacted statute, not a ruling on the constitutionality of a particular advertising restriction. Final law.

The March 30 introduced, April 3 substitute and May 8 Senate-passed fiscal notes anticipate no significant state fiscal impact and assume local enforcement, prosecution, supervision and confinement effects would not be significant. They say the number of offenses is unknown. The introduced note includes the later-removed storefront provision; the later notes do not. These are government estimates, not a promise that retailers face no costs or that no cases will be brought. The act makes no appropriation. Introduced fiscal note; Substitute fiscal note; Senate-passed fiscal note.