H.B. No. 3772 establishes a new regulatory framework for the sale of e-cigarettes in Texas by adding a Subchapter I to Chapter 161 of the Health and Safety Code. This subchapter creates an e-cigarette directory managed by the comptroller, which will include information about manufacturers and their products, such as brand names and flavors. Manufacturers must annually certify compliance with regulations, including obtaining necessary FDA marketing authorizations, and pay a fee of $2,500 for each product sold in the state. Only e-cigarettes listed in the directory may be sold at retail, and the bill outlines penalties for non-compliance, including the seizure and disposal of non-compliant products.

The bill also requires manufacturers not registered in Texas to designate a registered agent and provide a $25,000 surety bond. The comptroller is responsible for maintaining and updating the directory monthly and conducting two annual random audits of e-cigarette sellers, with results published online. Civil penalties for violations are specified, with increasing fines for repeat offenses, and the comptroller can suspend or revoke permits for repeated violations. Certain compliance requirements have delayed implementation dates, allowing manufacturers until September 15, 2025, to comply, and the bill is set to take effect on September 1, 2025.

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