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 maintained by the comptroller, which will list compliant e-cigarette manufacturers and their products. Manufacturers are required to annually certify their compliance and pay a fee of $2,500 for each product sold in the state. The bill defines key terms such as "distributor," "retailer," and "wholesaler," and mandates that the directory includes details like brand name, product name, flavor, and category.

The bill also imposes penalties for non-compliance, including administrative and civil penalties, and establishes a criminal offense for selling e-cigarettes not listed in the directory. Retailers are prohibited from selling e-cigarettes that have been removed from the directory, and any unlisted e-cigarettes are subject to seizure and destruction. The comptroller is responsible for updating the directory monthly and conducting two annual random audits of e-cigarette sellers to ensure compliance. The bill outlines civil penalties for violations, considers them deceptive trade practices, and includes provisions for reporting to the legislature on directory status and enforcement activities. The act is set to take effect on September 1, 2025.

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