HB 188 — The distribution of hookahs; creating a criminal offense

90R3188 SRA-D By: Lalani H.B. No. 188 relating to the distribution of hookahs; creating a criminal offense.

SECTION 1. Subtitle H, Title 2, Health and Safety Code, is amended by adding Chapter 161C to read as follows: CHAPTER 161C. DISTRIBUTION OF HOOKAHS Sec. 161C.001. DEFINITIONS. In this chapter: (1) "Hookah" means a type of water pipe with a long flexible tube for drawing aerosol through water and used to smoke tobacco products, including shisha tobacco products, or nontobacco products. (2) "Retailer" means a person who engages in the practice of selling hookahs to consumers and includes a restaurant, bar, or cafe at which a hookah is provided for use by customers on-site. The term includes the owner of a vending machine. Sec. 161C.002. PROHIBITED SALE OR PROVISION OF HOOKAH FOR USE BY INDIVIDUAL YOUNGER THAN 21 YEARS OF AGE; CRIMINAL OFFENSE; PROOF OF AGE REQUIRED. (a) A person commits an offense if the person, with criminal negligence: (1) sells, gives, or provides for use at a retailer, or causes to be sold, given, or provided for use at a retailer, a hookah to an individual younger than 21 years of age; or (2) sells, gives, provides for use, or causes to be sold, given, or provided for use, a hookah to another person who intends to deliver the hookah to an individual younger than 21 years of age. (b) If an offense under this section occurs in connection with a sale by an employee or agent of a retailer in which hookahs are sold at retail or provided for customer use on-site, the employee or agent is criminally responsible for the offense and is subject to prosecution. (c) An offense under this section is a Class C misdemeanor. (d) It is a defense to prosecution under Subsection (a)(1) that the individual to whom the hookah was sold, given, or provided for use presented to the defendant an apparently valid proof of identification. (e) A proof of identification satisfies the requirements of Subsection (d) if it contains a physical description and photograph consistent with the individual's appearance, purports to establish that the individual is 21 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver's license issued by this state or another state, a passport, or an identification card issued by a state or the federal government. (f) It is an exception to the application of Subsection (a)(1) that the individual to whom the hookah was sold, given, or provided: (1) is at least 18 years of age; and (2) presented at the time of purchase a valid military identification card of the United States military forces or the state military forces. Sec. 161C.003. SALE OR PROVISION OF HOOKAH TO INDIVIDUAL YOUNGER THAN 30 YEARS OF AGE. (a) A person may not sell, give, provide for use at a retailer, or cause to be sold, given, or provided for use at a retailer, a hookah to an individual who is younger than 30 years of age unless the individual to whom the hookah was sold, given, or provided presents an apparently valid proof of identification. (b) An owner of a retailer shall adequately supervise and train the retailer's employees and agents to prevent a violation of Subsection (a). (c) A proof of identification described by Section 161C.002(e) satisfies the requirements of Subsection (a).

SECTION 2. This Act takes effect September 1, 2027.