May 14, 2019 – Statesman.com — The Texas House gave initial approval Tuesday to raising the legal age to buy, use or own tobacco products or electronic cigarettes from 18 to 21, turning aside two amendments that sought to weaken or gut the restriction. Raising the age would help keep tobacco and vaping products out of schools and away from younger people who are highly susceptible to addictive behavior, said state Rep. John Zerwas, a physician.
“If you get addicted in middle school or high school, as a 14- to 17-year-old, there is less than a 5% chance you will ever kick the habit,” Zerwas, R-Richmond, told House members. “The idea here is to … move these harmful things away from the schools so we can prevent the addiction by some of our younger citizens out there.”
Senate Bill 21, which has already been passed by the Senate, was approved Tuesday on a voice vote and will get a final House vote Wednesday. Minor changes made to the bill, however, will require the measure to be returned to the Senate for approval before it can be sent to Gov. Greg Abbott, who could veto it, sign it into law or let it become law without his signature.
The House, at Zerwas’ urging, rejected an amendment proposed by Rep. Tony Tinderholt, R-Arlington, that would have tied the legal age for tobacco use to the voting age, which is 18. The Legislature, Tinderholt argued, should not take the freedom to smoke away from 18-year-olds who can otherwise sign contracts, serve in the military or make their own medical decisions.
“I’ve been to countries around the world, as have many of you that were in the military, and we’ve seen what happens when we start taking freedom and liberty away from people,” he said. “If they’re responsible enough to vote for you and I, they’re responsible enough to smoke a cigarette or a cigar or even a pipe,” he said, adding later: “My biggest concern is what’s next? Coffee? Diet cokes with caffeine in it?”
Tinderholt’s amendment was rejected, 102-36.
The House also voted down an amendment from Rep. Justin Holland, R-Rockwall, who proposed exempting cigars from the lower age limit, arguing that a stogie commemorates special occasions and, as an acquired taste, “is not something that is being abused or chain smoked” by young people.
Under SB 21, those younger than 21 who possess, use or try to buy e-cigarettes or tobacco products could receive a $100 fine, down from $250 for violations under the current law. The bill exempts members of the military who are at least 18 years old if they present a military ID card at the time of purchase.
Fifteen other states have raised the legal age for tobacco use to 21, according to the Texas 21 Coalition of health organizations.
