Relating to county and municipal authority to prohibit the operation of e-cigarette retailers near public primary or secondary schools.
Impact
If enacted, HB 1816 would amend Section 161.0895 of the Health and Safety Code, directly impacting local regulatory powers concerning e-cigarette retailers. The bill outlines conditions under which local governments may implement such prohibitions, while also providing an exemption for e-cigarette retailers whose sales of e-cigarettes account for less than 50 percent of their total gross receipts. This stipulation aims to balance the interests of small retailers against public health objectives, ensuring that local regulations do not disproportionately affect businesses with a minimal focus on e-cigarette sales.
Summary
House Bill 1816 seeks to grant counties and municipalities in Texas the authority to regulate the operation of e-cigarette retailers near public primary and secondary schools. Specifically, the bill allows local governing bodies to prohibit e-cigarette retail operations within a distance of 1,000 feet from school campuses. This measure aims to address health and safety concerns related to the accessibility of e-cigarette products for minors in educational settings and the surrounding areas.
Contention
The introduction of HB 1816 may provoke debates regarding local versus state control over health regulations and the degree to which local entities can restrict business operations. Proponents might argue that such regulations are essential to protecting the health of students and reinforcing tobacco control measures. Conversely, critics could raise concerns about the potential overreach of local governments in regulating businesses and the possible implications for retail economies. Overall, discussions around the bill are likely to involve considerations of public health impacts versus economic freedoms.
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.
Relating to the authority of a municipality, county, or property owners' association to prohibit or regulate certain activities on residence homestead property.