Bill > HB3772

This bill establishes a comprehensive regulatory framework for e-cigarette sales in Texas by creating a new state directory of e-cigarette manufacturers and their products. Manufacturers must annually certify their e-cigarettes with the state comptroller, providing details about their products and paying a $2,500 fee, and must either have FDA marketing authorization or have submitted a premarket tobacco product application. The comptroller will maintain a public online directory listing all approved e-cigarette products, which will be updated monthly. Retailers will be prohibited from selling e-cigarettes not included in this directory, with escalating penalties for violations: first violations incur $1,000 per product, second violations range from $1,250-$1,500 per product, and third violations range from $1,750-$2,000 per product. Manufacturers who falsely represent information can face a Class B misdemeanor, and out-of-state manufacturers must designate a registered agent in Texas and post a $25,000 surety bond. The bill also requires the comptroller to conduct random audits of e-cigarette sellers and submit annual reports to the legislature. Importantly, the implementation of these requirements is phased in, with full compliance not mandatory until January 1, 2026, giving manufacturers and retailers time to adapt to the new regulations.