Friday, May 22, 2015

Texas Call to Action: SB 97 should be amended to remove unnecessary hurdles to adult access to vapor products online

(Update - 05.31.15)

On Thursday, May 28th, Governor Abbott signed SB 97 into law. Although CASAA supports prohibiting sales to minors, the bill also contained onerous requirements for delivery (online) sales, particularly those involving sales from out-of-state. Under this new law, out-of-state retailers will be required to use a method of shipping that requires an adult signature upon delivery. As discussed in our previous updates, this regulation is a de facto ban on delivery of online sales of vapor products from out-of-state vendors to adult consumers between the ages of 18 - 21.

Thanks to the efforts of Texas advocates, this law is substantially less damaging than it could have been. However, due to the unnecessary burdens placed on consumers shopping with out-of-state vendors, CASAA is concluding this call to action as only somewhat favorable. The fact that this law will likely be challenged in court as a violation of the US Commerce Clause is contributing to our “glass half full” conclusion.

Thank you to all who participated in this call to action. Please check back frequently for updates on local alerts for Texas and please participate in our current Call to Support HR 2058.






(Update - 05.22.15)


SB 97 has been sent to Governor Abbott and is currently awaiting his signature. As stated in our previous update, if signed into law, SB 97 will create barriers to access for adult consumers and implement troubling personal data collection requirements. Moreover, there are sections of this bill that support the notion that, in general, the use of vapor products should be discouraged.


Please take action now by sending a message to Governor Abbott urging him to veto this bill and pressure the legislature to pass a clean bill prohibiting sales to minors.




(Writing Tip #1) If you have a lot to say, please craft your email in a separate word doc and then copy/paste it into the field provided.  If you take too long, they system will time out and you will lose your work.

(Writing Tip #2) Although we've provided a prewritten email with compelling talking points, we would strongly encourage you to edit the email because personalized communications to legislators are far more persuasive than form letters.  At a minimum, PLEASE INSERT YOUR PERSONAL STORY (just a few sentences) in the text of your email.


(Update - 05.04.15)


Neither SB 97 nor HB 170 have been favorably amended to protect online sales to adults between the ages of 18 - 21.  In fact, the bills are now identical and are moving toward votes in their respective houses.


We are no longer negotiating for a reasonable bill; both of these bills need to be rejected.


Please take action NOW by sending a message to Texas Representatives and Senators urging them to oppose SB 97 and HB 170.


Oppose overregulation of online vapor sales in Texas



(Writing Tip #1) If you have a lot to say, please craft your email in a separate word doc and then copy/paste it into the field provided.  If you take too long, they system will time out and you will lose your work.
(Writing Tip #2) Although we've provided a prewritten email with compelling talking points, we would strongly encourage you to edit the email because personalized communications to legislators are far more persuasive than form letters.  At a minimum, PLEASE INSERT YOUR PERSONAL STORY (just a few sentences) in the text of your email.


(Update - 04.23.15)


SB 97 is on the move in the House and it still contains language that would severely limit adult access to vapor products via online sales.  There are also advertising restrictions for which the penalties for violations would crush small businesses.


Please take action IMMEDIATELY by sending a message to your representative and members of the Committee on Calendars.









(Update - 3/9/2015)


Tomorrow (Tuesday, March 10) at 8 AM, the House Public Health Committee will hold a hearing on HB 170 (similar to SB 97). 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.




(Update - 3/5/15) 

SB 97 was voted favorably out of the Health & Human Services Committee and has been placed on the intent calendar, meaning it could be considered by the full Senate at any time. We have updated the Call to Action to allow you to send a letter to your senator, so please participate even if you have already done so.


Please take action now to urge the Senate to amend this bill.



(Original Post)


Multiple bills have been introduced in Texas that would ban sales of vapor product to minors (which we support), but would also severely restrict internet sales (which we oppose).  CASAA is currently focused on SB 97, which received a hearing last week before the Senate Health & Human Services Committee.  SB 97 would impose unnecessarily harsh restrictions on Internet sales, including requiring every single order to a Texas resident to be sent using an ID check service that costs $6.


Please take action now to urge the Health & Human Services Committee to amend this bill. -
  • Amend SB 97 - Send an Email




(Writing Tip #1) If you have a lot to say, please craft your email in a separate word doc and then copy/paste it into the field provided.  If you take too long, they system will time out and you will lose your work.

(Writing Tip #2) Although we've provided a prewritten email with compelling talking points, we would strongly encourage you to edit the email because personalized communications to legislators are far more persuasive than form letters.  At a minimum, PLEASE INSERT YOUR PERSONAL STORY (just a few sentences) in the text of your email.

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