89R9290 JTZ-F     By: Lujan H.B. No. 3787       A BILL TO BE ENTITLED   AN ACT   relating to the sale and distribution of counterfeit or unsafe   lighters; imposing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 9, Health and Safety Code, is   amended by adding Chapter 798 to read as follows:   CHAPTER 798. COUNTERFEIT AND UNSAFE LIGHTERS          Sec. 798.001.  DEFINITIONS. In this chapter:                (1)  "Counterfeit lighter" means a lighter made as an   imitation of a brand name lighter in violation of the intellectual   property laws of this state or of the United States.                (2)  "Lighter" means any device that:                      (A)  operates using an electrical current or   striking mechanism and any type of hydrocarbon fuel, such as   benzene, butane, or naphtha; and                      (B)  produces a small flame for the purpose of   igniting a cigarette, cigar, pipe, fireplace, charcoal or gas   grill, or other apparatus.                (3)  "Unsafe lighter" means:                      (A)  any disposable or refillable lighter that is   not in compliance with each applicable provision of the American   Society for Testing and Materials Standard F400-20, "Standard   Consumer Safety Specification for Lighters," as it existed on   January 1, 2025; or                      (B)  any grill or utility lighter that is not in   compliance with each applicable provision of the American Society   for Testing and Materials Standard F2201-20, "Standard Consumer   Safety Specification for Utility Lighters," as it existed on   January 1, 2025.          Sec. 798.002.  PROHIBITED SALE AND DISTRIBUTION OF   COUNTERFEIT LIGHTERS AND UNSAFE LIGHTERS. A person may not sell,   distribute, or offer for sale in this state any counterfeit lighter   or unsafe lighter, including by:                (1)  providing free samples; or                (2)  engaging in wholesale, retail, in-person, or   online sales.          Sec. 798.003.  EXCEPTION FOR INTERSTATE TRANSPORTATION AND   STORAGE OF LIGHTERS. This chapter does not prohibit:                (1)  interstate transportation of counterfeit lighters   or unsafe lighters through this state; or                (2)  the storage of counterfeit lighters or unsafe   lighters in a distribution center or warehouse located in this   state, provided the distribution center or warehouse is closed to   the public and does not sell or distribute the lighters to persons   in this state.          Sec. 798.004.  RULES. The state fire marshal shall adopt   rules to administer this chapter.          Sec. 798.005.  INSPECTION. The state fire marshal may   inspect the records and lighters in the possession of a person who   manufactures, stores, or sells the lighters to verify compliance   with this chapter.          Sec. 798.006.  CIVIL PENALTY; INJUNCTION. (a) A person who   knowingly violates this chapter or a rule adopted under this   chapter is subject to a civil penalty as follows:                (1)  for a manufacturer, wholesale dealer, or agent who   knowingly sells or offers to sell a counterfeit lighter or unsafe   lighter in violation of this chapter, a civil penalty not to exceed   $100 for each counterfeit or unsafe lighter sold or offered for   sale, but not more than $100,000 for all violations occurring   within a 30-day period;                (2)  for a retailer who knowingly sells or offers to   sell a counterfeit lighter or unsafe lighter in violation of this   chapter, a civil penalty not to exceed $100 for each counterfeit or   unsafe lighter sold or offered for sale, but not more than $25,000   for all violations occurring within a 30-day period; and                (3)  for a person who otherwise violates this chapter   or a rule or order adopted under this chapter, a civil penalty not   to exceed $1,000 for the first violation or $5,000 for each   subsequent violation.          (b)  If it appears a person has violated, is violating, or is   threatening to violate this chapter or a rule or order adopted under   this chapter, the attorney general, as determined by the attorney   general or on request of the state fire marshal, may bring a civil   action in a district court for:                (1)  injunctive relief to restrain the person from   continuing the violation or threat of violation;                (2)  the assessment of a civil penalty; or                (3)  both injunctive relief and a civil penalty.          SECTION 2.  As soon as practicable after the effective date   of this Act, the state fire marshal shall adopt rules necessary to   implement the changes in law made by this Act.          SECTION 3.  This Act takes effect September 1, 2025.