Health & Safety Code Section 161.301
Tobacco and E-cigarette Use Public Awareness Campaign
(a)The department shall develop and implement a public awareness campaign designed to reduce the use by minors in this state of tobacco and e-cigarettes as defined by Section 161.081 (Definitions). The campaign may use advertisements or similar media to provide educational information about tobacco and e-cigarette use.
(b)The department may contract with another person to develop and implement the public awareness campaign. The contract shall be awarded on the basis of competitive bids.
(c)A contract awarded under Subsection (b) may be awarded only to a business that has a proven background in advertising and public relations campaigns.
(d)The department may not award a contract under Subsection (b) to:
(1)a person or entity that is required to register with the Texas Ethics Commission under Chapter 305 (Registration of Lobbyists), Government Code, except as provided by Subsection (f);
(2)any partner, employee, employer, relative, contractor, consultant, or related entity of a person or entity described by Subdivision (1) and not described by Subsection (f); or
(3)a person or entity who has been hired to represent associations or other entities for the purpose of affecting the outcome of legislation, agency rules, or other government policies through grassroots or media campaigns.
(e)The persons or entities described by Subsection (d) are not eligible to receive the money or participate either directly or indirectly in the public awareness campaign.
(f)A registrant under Chapter 305 (Registration of Lobbyists), Government Code, is not ineligible under Subsections (d) and (e) if the person is required to register under that chapter solely because the person communicates directly with a member of the executive branch to influence administrative action concerning a matter relating to the purchase of products or services by a state agency.
Section 161.301 — Tobacco and E-cigarette Use Public Awareness Campaign,
https://statutes.capitol.texas.gov/Docs/HS/htm/HS.161.htm#161.301 (accessed Dec. 2, 2023).