| 1 | 1 | | 85R834 JSC-D |
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| 2 | 2 | | By: Uresti S.B. No. 228 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of a municipality to limit the |
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| 8 | 8 | | possession, purchase, consumption, sale, distribution, or receipt |
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| 9 | 9 | | of cigarettes, e-cigarettes, or tobacco products. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 161.089, Health and Safety Code, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 161.089. PREEMPTION OF LOCAL LAW. (a) This subchapter |
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| 14 | 14 | | does not preempt a local regulation of the sale, distribution, or |
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| 15 | 15 | | use of cigarettes or tobacco products or affect the authority of a |
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| 16 | 16 | | political subdivision to adopt or enforce an ordinance or |
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| 17 | 17 | | requirement relating to the sale, distribution, or use of |
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| 18 | 18 | | cigarettes or tobacco products if the regulation, ordinance, or |
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| 19 | 19 | | requirement: |
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| 20 | 20 | | (1) is compatible with and equal to or more stringent |
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| 21 | 21 | | than a requirement prescribed by this subchapter; or |
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| 22 | 22 | | (2) relates to an issue that is not specifically |
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| 23 | 23 | | addressed by this subchapter or Chapter 154 or 155, Tax Code. |
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| 24 | 24 | | (b) Notwithstanding Subsection (a), a municipality may |
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| 25 | 25 | | adopt an ordinance prohibiting or limiting the sale or distribution |
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| 26 | 26 | | of cigarettes, e-cigarettes, or tobacco products to a person under |
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| 27 | 27 | | 21 years of age. Sections 161.088 and 161.090 do not apply to the |
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| 28 | 28 | | enforcement of an ordinance adopted as described by this |
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| 29 | 29 | | subsection. |
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| 30 | 30 | | SECTION 2. Subchapter N, Chapter 161, Health and Safety |
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| 31 | 31 | | Code, is amended by adding Section 161.258 to read as follows: |
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| 32 | 32 | | Sec. 161.258. LOCAL REGULATION OF CIGARETTES, |
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| 33 | 33 | | E-CIGARETTES, OR TOBACCO PRODUCTS. (a) A municipality may adopt an |
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| 34 | 34 | | ordinance prohibiting or limiting the possession, purchase, |
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| 35 | 35 | | consumption, or receipt of cigarettes, e-cigarettes, or tobacco |
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| 36 | 36 | | products by a person under 21 years of age. |
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| 37 | 37 | | (b) Sections 161.252-161.257 do not apply to the |
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| 38 | 38 | | enforcement of an ordinance adopted as described by this section. |
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| 39 | 39 | | SECTION 3. The change in law made by this Act applies only |
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| 40 | 40 | | to an ordinance adopted on or after the effective date of this Act. |
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| 41 | 41 | | An ordinance adopted before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect on the date the ordinance was adopted, |
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| 43 | 43 | | and the former law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 4. This Act takes effect September 1, 2017. |
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