89R8754 MCF-D     By: Lalani H.B. No. 2300       A BILL TO BE ENTITLED   AN ACT   relating to the distribution of hookahs; creating a criminal   offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 161, Health and Safety Code, is amended   by adding Subchapter H-1 to read as follows:   SUBCHAPTER H-1.  DISTRIBUTION OF HOOKAHS          Sec. 161.095.  DEFINITIONS. In this subchapter:                (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   non-tobacco products.                (2)  "Minor" means an individual under 21 years of age.                (3)  "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. 161.096.  PROHIBITED SALE OR USE OF HOOKAHS TO   INDIVIDUALS 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 a minor; 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 a minor.          (b)  If an offense under this section occurs in connection   with a sale by an agent or employee of a retailer in which hookahs   are sold at retail or provided for customer use on-site, the agent   or employee 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. 161.097.  SALE OR PROVISION OF HOOKAH TO INDIVIDUALS   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 agents and employees to prevent a violation of   Subsection (a).          (c)  A proof of identification described by Section   161.096(e) satisfies the requirements of Subsection (a).          SECTION 2.  This Act takes effect September 1, 2025.