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1 | 1 | 89R5833 MCF-D | |
2 | 2 | By: Lujan H.B. No. 1816 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | ||
6 | 6 | ||
7 | 7 | A BILL TO BE ENTITLED | |
8 | 8 | AN ACT | |
9 | 9 | relating to county and municipal authority to prohibit the | |
10 | 10 | operation of e-cigarette retailers near public primary or secondary | |
11 | 11 | schools. | |
12 | 12 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
13 | 13 | SECTION 1. Subchapter H, Chapter 161, Health and Safety | |
14 | 14 | Code, is amended by adding Section 161.0895 to read as follows: | |
15 | 15 | Sec. 161.0895. LOCAL REGULATION OF E-CIGARETTE RETAILERS | |
16 | 16 | NEAR PRIMARY OR SECONDARY SCHOOL CAMPUSES. (a) Except as provided | |
17 | 17 | by Subsection (b), the commissioners court of a county may adopt an | |
18 | 18 | order applicable to unincorporated areas of the county and the | |
19 | 19 | governing body of a municipality may adopt an ordinance applicable | |
20 | 20 | within the municipality prohibiting an e-cigarette retailer from | |
21 | 21 | operating within 1,000 feet of a public primary or secondary school | |
22 | 22 | campus. | |
23 | 23 | (b) A county order or municipal ordinance adopted under this | |
24 | 24 | section does not apply to an e-cigarette retailer whose gross | |
25 | 25 | receipts from the sale of e-cigarettes is less than 50 percent of | |
26 | 26 | the retailer's total gross receipts at the retailer's premises | |
27 | 27 | within an area described by Subsection (a). | |
28 | 28 | SECTION 2. This Act takes effect September 1, 2025. |