Texas 2025 - 89th Regular

Texas House Bill HB3965

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to county and municipal authority to prohibit the sale of cigarettes, e-cigarettes, or tobacco products near certain locations.

Impact

If enacted, HB3965 would amend the Health and Safety Code, providing a clearer framework for local entities to tackle tobacco sales near sensitive areas. This law is designed to empower local governments and school authorities to take proactive measures in mitigating the accessibility of tobacco products to minors. Proponents of the bill argue that establishing such regulations is crucial for preserving the health of children and the community, ensuring that tobacco products are not easily accessible within the vicinity of places where young individuals gather and learn.

Summary

House Bill 3965 addresses the authority of counties and municipalities in Texas to regulate the sale of cigarettes, e-cigarettes, and other tobacco products. The bill allows local governments to adopt orders or ordinances that prohibit such sales near certain sensitive locations, specifically within 300 feet of churches, public hospitals, and primary or secondary schools. Additionally, the bill permits these prohibitions to extend to 1,000 feet from public or private primary school campuses upon request from the respective school boards. This initiative aims to enhance public health by reducing youth exposure to tobacco products in close proximity to educational and health institutions.

Contention

While the bill supports public health objectives, it may also raise concerns over its impact on local businesses. A notable point of contention may arise from the provision that exempts establishments where the sale of tobacco products accounts for less than 50 percent of their gross receipts. This could lead to debates on the balancing act of protecting public health versus supporting local businesses that rely on tobacco sales as a component of their revenue stream. Local governing bodies might be faced with the challenge of implementing these regulations without adversely affecting business viability.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 161. Public Health Provisions
    • Section: New Section

Companion Bills

TX SB1315

Identical Relating to county and municipal authority to prohibit the sale of cigarettes, e-cigarettes, or tobacco products near certain locations.

Previously Filed As

TX SB920

Relating to the prohibited sale of flavored cigarettes, e- cigarettes, and tobacco products and administrative penalties for the prohibited sales.

TX HB2118

Relating to prohibiting the advertising of e-cigarettes in certain locations; imposing a fee.

TX HB3124

Relating to the use of cigarettes, e-cigarettes, and tobacco products on the campus of a public institution of higher education.

TX HB3022

Relating to prohibited delivery sales of e-cigarettes.

TX HB1872

Relating to the prohibited sale of certain flavored e-cigarettes; providing a civil penalty.

TX HB4481

Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.

TX SB2054

Relating to a directory of e-cigarettes and alternative nicotine products sold in this state, and regulation of the sale and distribution of e-cigarettes and alternative nicotine products; imposing fees; creating criminal offenses; imposing a civil penalty; imposing administrative penalties.

TX HB114

Relating to the possession, use, or delivery of marihuana or e-cigarettes on or near public school property or at certain school events.

TX HB4758

Relating to a prohibition on certain e-cigarette products; creating a criminal offense.

TX HB2487

Relating to the possession or use of marihuana or e-cigarettes on or near public school property or at certain school events; creating a criminal offense.

Similar Bills

No similar bills found.