Texas 2025 - 89th Regular

Texas House Bill HB1816 Compare Versions

Only one version of the bill is available at this time.
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11 89R5833 MCF-D
22 By: Lujan H.B. No. 1816
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to county and municipal authority to prohibit the
1010 operation of e-cigarette retailers near public primary or secondary
1111 schools.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Subchapter H, Chapter 161, Health and Safety
1414 Code, is amended by adding Section 161.0895 to read as follows:
1515 Sec. 161.0895. LOCAL REGULATION OF E-CIGARETTE RETAILERS
1616 NEAR PRIMARY OR SECONDARY SCHOOL CAMPUSES. (a) Except as provided
1717 by Subsection (b), the commissioners court of a county may adopt an
1818 order applicable to unincorporated areas of the county and the
1919 governing body of a municipality may adopt an ordinance applicable
2020 within the municipality prohibiting an e-cigarette retailer from
2121 operating within 1,000 feet of a public primary or secondary school
2222 campus.
2323 (b) A county order or municipal ordinance adopted under this
2424 section does not apply to an e-cigarette retailer whose gross
2525 receipts from the sale of e-cigarettes is less than 50 percent of
2626 the retailer's total gross receipts at the retailer's premises
2727 within an area described by Subsection (a).
2828 SECTION 2. This Act takes effect September 1, 2025.