Texas poised to raise smoking age to 21

Texas is poised to become the latest state to boost the smoking age from 18 to 21, months after a top federal health official called youth e-cigarette use an epidemic. Texas is poised to become the latest state to boost the smoking age from 18 to 21, months after a top federal health official called youth e-cigarette use an epidemic. Photo: Luis Sinco, TNS Photo: Luis Sinco, TNS Image 1 of / 3 Caption Close Texas poised to raise smoking age to 21 1 / 3 Back to Gallery

AUSTIN — Texas is poised to become the latest state to boost the smoking age from 18 to 21, months after a top federal health official called youth e-cigarette use an epidemic.

The House approved Senate Bill 21 on Tuesday to raise the purchasing age for all tobacco products, including cigarettes and e-cigarettes, though people serving in the armed forces would be exempt.

The bill is likely headed back to the Senate for approval on the House’s five amendments. The bill would then need approval from Republican Gov. Greg Abbott, who has voiced support for raising the legal age for smoking.

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Already 13 other states have adopted so-called Tobacco 21 legislation, amid a nationwide surge in teen vaping that U.S. Food and Drug Administration Commissioner Scott Gottlieb labeled an epidemic last September.

In Texas, nearly one in three high school students and more than one in 10 middle-schoolers have tried an electronic cigarette, according to state surveys. The biggest users, however, are young adults between the ages of 18 and 29, according to the 2019 report by the Texas Department of State Health Services.

Senate Bill 21 is a change of pace for Texas lawmakers, who have taken steps this session to undo city ordinances, including those that require businesses to offer employees paid sick leave. This bill would instead create a law statewide that resembles an ordinance adopted last year in San Antonio.

The bill, cheered by public health advocates and lawmakers as a way to help curb teen smoking, has even garnered support from major tobacco companies.

“About 95 percent of smokers start before age 21. By stopping the sale of tobacco products, e-cigarettes and similar products to those younger than 21, the Texas Legislature has taken a major step to help Texas youth live healthier lives,” said Shelby Massey, Texas government relations director for the American Heart Association.

Opponents contend that people ages 18 through 20 should be able to decide for themselves whether they want to smoke.

“If these adults at the age of 18, when we flip a switch, if they can be adult enough to vote for us to come here and represent them, I think we should be able to allow them to smoke,” said Rep. Tony Tinderholt, R-Arlington, whose amendment to make the bill read “voting age” rather than 21 was dismissed.

The bill is a response to a 78-percent increase in e-cigarette use in high schools and middle schools from 2017 to 2018 that was reported in February by the Centers for Disease Control and Prevention. It concluded that 3.6 million of the students were using them in 2018.

The San Antonio ordinance went into effect Oct. 1, amid a federal crackdown on e-cigarette companies. The city began enforcing the ordinance this year.

Other cities including Kirby and Leon Valley have followed suit. An amendment was added to the House bill by Rep. Briscoe Cain, R-Deer Park, that preempts cities from passing ordinances that further raise the age.

Interim assistant city manager Colleen Bridger, who spearheaded San Antonio’s effort to pass the ordinance during her tenure as director of the San Antonio Metropolitan Health District, called it an investment in the community’s health.

“People are really realizing tobacco and its addictive harm on our young people,” Bridger said. “We paused for a second when it looked like smoking was going down among youth, and now we have to pick our pace back up and realize that as smoking use is declining among youth, vaping is increasing. They’re still getting that exposure to tobacco, which is rewiring their brains.”

Still, the city policy was challenged early on by tobacco retailers. In December, three retail associations filed a federal lawsuit against the city of San Antonio, arguing that the ordinance “singled out” retailers with its enforcement measures.

The lawsuit was brought by the South Texas Merchants Association Cooperative, the Association of Convenience Store Retailers and the Texas Food and Fuel Association.

Clint Glenny, an attorney representing the plaintiffs, said in a statement that the passage of SB 21 would result in a dismissal of the lawsuit “as moot.”

“Our clients welcome the passage of such legislation as it would result in all retailers being treated equally,” he said. “Unlike the San Antonio city ordinance, which has had the opposite effect.”

The statewide bill by Sen. Joan Huffman, R-Houston, cleared the Texas Senate last month after it was amended to exclude active-duty military personnel. It means Texans who are over 18 years old and serving in the armed forces would still be allowed to purchase tobacco products with a valid military ID.

At least one major tobacco company is supporting the legislation. Altria, which owns tobacco giant Phillip Morris as well as the makers of Copenhagen and Skoal snuff, said in a March statement that it has “advocated for strong minimum age laws in all U.S. jurisdictions.”

The bill is also supported by leading e-cigarette maker Juul Labs, which is partially owned by Altria.

"We cannot fulfill our mission to provide the world’s one billion adult smokers with a true alternative to combustible cigarettes, the No. 1 cause of preventable death in this country, if youth-use continues unabated,” said Ted Kwong, a Juul spokesman, in an April statement.

Lauren Caruba contributed reporting from San Antonio; Sami Sparber contributed reporting in Austin.