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