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Kkay

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http://cqrcengage.com/casaa/app/wri...q71YA-FhxmcayE728Lq5Yuhdy647MjJ7YhV0HFDM&lp=0

Here we go again, with a different bill.

<<<(Update - 3/9/2015)

Tomorrow (Tuesday, March 10) at 8 AM, the House Public Health Committee
will hold a hearing on HB 170.This bill would wisely ban sales of vapor products to minors, but like SB 97, it would also implement overbearing rules for online sales of vapor products that would hurt consumers and shut down Texas businesses.

The committee is unlikely to vote on the bill tomorrow, so please keep up the emails and phone calls to members of the Public Health Committee even if you read message after 8 AM on Tuesday.


Please take action NOW to urge the House Public Health Committee to amend this bill.>>>
 

Vaperjim

Not here for the Drama!
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Done! Also, Anyway you can break that long, long, long bill into understandable English?


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anendeloflorien

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Stuck up in Oklahoma all week with no phone service but I'll be sending out as many emails as I can!
 

Kkay

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<<<
SECTION 10. Section 161.086(a), Health and Safety Code, is
amended to read as follows:
(a) Except as provided by Subsection (b), a retailer or
other person may not:
(1) offer cigarettes, vapor products, or tobacco
products for sale in a manner that permits a customer direct access
to the cigarettes, vapor products, or tobacco products;
>>>
Now this sounds to me like you cannot try any juice, since the customer would have direct access to it. I don't care if they have age restrictions, that is understandable. Looks like they don't like coupons either.

<<<
Sec. 161.0901. DEPARTMENT REPORT [OF OFFICE OF SMOKING AND
HEALTH]. (a) Not later than January 5th of each odd-numbered year
the [Office of Smoking and Health of the] department shall report to
the governor, lieutenant governor, and [the] speaker of the house
of representatives on the status of smoking and the use of vapor
products, tobacco, and tobacco products in this state.
(b) The report must include, at a minimum:
(1) a baseline of statistics and analysis regarding
retail compliance with this subchapter, Subchapter K, and Chapters
154 and 155, Tax Code;
(2) a baseline of statistics and analysis regarding
illegal vapor product and tobacco sales, including:
(A) sales to minors;
(B) enforcement actions concerning minors; and
(C) sources of citations;
(3) vapor product and tobacco controls and initiatives
by the [Office of Smoking and Health of the] department, or any
other state agency, including an evaluation of the effectiveness of
the controls and initiatives;
(4) the future goals and plans of the [Office of
Smoking and Health of the] department to decrease the use of vapor
products, tobacco, and tobacco products;
(5) the educational programs of the [Office of Smoking
and Health of the] department and the effectiveness of those
programs; and
(6) the incidence of use of vapor products, tobacco,
and tobacco products by regions in this state, including use of
cigarettes, vapor products, and tobacco products by ethnicity.
>>>
Just how much do you think this will COST? The taxpayer (vaping community in particular) I am going to do this in segments, because my message was too large.
 
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Kkay

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<<<

SECTION 34. Sections 161.352(a) and (b), Health and Safety
Code, are amended to read as follows:(a) Each manufacturer shall file with the department an
annual report for each cigarette, vapor product, or tobacco product
distributed in this state, stating:

(1) the identity of each ingredient in the cigarette,
vapor product,
or tobacco product, listed in descending order
according to weight, measure, or numerical count, other than:
(A) tobacco;
(B) water; or
(C) a reconstituted tobacco sheet made wholly
from tobacco; and
(2) a nicotine yield rating for the cigarette, vapor
product,
or tobacco product established under Section 161.353.
(b) This section does not require a manufacturer to disclose
the specific amount of any ingredient in a cigarette, vapor
product,
or tobacco product if that ingredient has been approved as
safe when burned and inhaled by the United States Food and Drug
Administration or a successor entity.
>>>

Shall we say this hassle will discourage compliance, and cost more to the seller, which in turn will be passed on to the consumer? The seller may have to hire additional help to get this done.

<<<
SECTION 36. Section 161.355(a), Health and Safety Code, is
amended to read as follows:
(a) A district court, on petition of the department and on a
finding by the court that a manufacturer has failed to file the
report required by Section 161.352, may by injunction:
(1) prohibit the sale or distribution in this state of
a cigarette, vapor product, or tobacco product manufactured by the
manufacturer; or>>>

Now I am not sure, but this seems like to me that they are even trying to stop purchases right here, unless you comply with their rigid demands.

It also would seem right past that in section 38, that they are trying to use regs on internet/phone purchases OUTSIDE of our state, meant to enter our state.


Sec. 161.452.
Good grief, just read the whole thing on that one.Section 40 just read it all, it is a crock of you know what...hot, steaming pile of manure. (my words)

<<<
(a) A person may not mail or ship cigarettes or vapor
products
in connection with a delivery sale order unless before
mailing or shipping the cigarettes or vapor products the person
accepting the delivery sale order first:

(1) obtains from the prospective customer a
certification that includes:
(A) reliable confirmation that the purchaser is
at least 18 years of age; and
(B) a statement signed by the prospective
purchaser in writing and under penalty of law:
(i) certifying the prospective purchaser's
address and date of birth;
>>>

2) sales of cigarettes and vapor products are
restricted to those individuals who provide verifiable proof of age
in accordance with Section 161.453; and
(3) cigarette sales are taxable under Chapter 154, Tax
Code, and an explanation of how that tax has been or is to be paid
with respect to the delivery sale.>>>
So this part, from what I understood means not only will you be paying the taxes, but you must be home in person, to receive your products, and show proof of id. This will cost you 6 dollars for each delivery. In order go buy it, you have to send a certificate of some sort first. They are supposed to CHECK this out. This will also be in some sort of database, and in my opinion, would make it ripe for hackers seeking personal information. Not only that, but your signature must accompany this. Identity thieves will love this one.

The Sender is to mark the package so that it shows it is a vapor product. Oh I wonder how many mail box shoppers will love that one. Now they will also know who has the best vapor gear, so they can steal from you, when you are gone. Once again, my thoughts...


<<<
Not later than the 10th day of each month, each person
who has made a delivery sale or shipped or delivered cigarettes or
vapor products
in connection with a delivery sale during the
previous month shall file with the comptroller a memorandum or a
copy of the invoice that provides for each delivery sale:
(1) the name, address, telephone number, and e-mail
address of the individual to whom the delivery sale was made;
(2) the brand or brands of the cigarettes or vapor
products
that were sold; and
(3) the quantity of cigarettes or vapor products that
were sold.

>>>
Once again, this will end up costing the consumer more money. Are you seeing a pattern yet?

<<<
Sec. 796.002. REQUIREMENTS FOR SALE OF CIGARETTE OR VAPOR
PRODUCT
. A cigarette or vapor product may not be sold or offered
for sale in this state unless:
(1) the cigarette or vapor product has been tested inaccordance with Section 796.003, 796.0035, or 796.004, as>>>It is
applicable
;
(2) the cigarette meets the performance standard under
Section 796.003;
(3) a written certification has been filed by the
manufacturer with the state fire marshal in accordance with Section
796.005; and
(4) the cigarette or vapor product has been marked in
accordance with Section 796.006.

So I am stopping there. This is worse than what they do with cigarettes by a mile. There is no comparison. They obviously want to shut it down, in my opinion. Those who are persistent will pay a ridiculous amount of money, if you want to vape. It is way way way above and beyond horrendous. Anyone who votes for this should know with no uncertain terms, they won't get one vote from me, ever again. Your rights and freedom of choice mean nothing to the people who would sign this piece of GARBAGE.
 
Last edited:

anendeloflorien

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I really hope they don't just ram this down our throats like they usually do. I'm moving out of Texas in June but if they pass shit like this in TX it won't be long before other states start doing more of the same.
 

Kendall

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Sent my emails today. The government needs to get the hell out of our lives and I will never understand people who continue to vote for those who want to control every aspect of our lives. WE THE PEOPLE!
 

Vaperjim

Not here for the Drama!
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Gold Contributor
Member For 4 Years
All the "likes" that i gave here, are for showing support of killing this bill, and not in support if it. Thank you @Kkay for bringing this to our attention.


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