BILL ANALYSIS H.B. 2735 By: Cunningham Public Health Committee Report (Unamended) BACKGROUND AND PURPOSE The bill author has informed the committee that smoke shops and e-cigarette retailers are operating alarmingly close to schools and churches across Texas. According to witness testimony provided to the committee, harmful marketing practices and strategic product placement normalize e-cigarette use among young people and increase the potential for addiction, and the use of such products poses undeniable health concerns. Current Texas statute prohibits the advertisement of cigarettes and other tobacco products within 1,000 feet of schools and churches; however, these restrictions do not extend to e-cigarettes. H.B. 2735 seeks to address this inconsistency by prohibiting e-cigarette advertisements within 1,000 feet of schools and churches. CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS H.B. 2735 amends the Health and Safety Code to prohibit a sign containing an advertisement for e-cigarettes, defined by reference to statutory provisions relating to the distribution of cigarettes, e-cigarettes, or tobacco products, from being located closer than 1,000 feet to a church or school. The bill expressly does not apply to a sign containing an e-cigarette advertisement that, before September 1, 1997, was located closer than 1,000 feet, but not closer than 500 feet, to a church or school. EFFECTIVE DATE September 1, 2025.
BILL ANALYSIS
# BILL ANALYSIS
H.B. 2735
By: Cunningham
Public Health
Committee Report (Unamended)
H.B. 2735
By: Cunningham
Public Health
Committee Report (Unamended)
BACKGROUND AND PURPOSE The bill author has informed the committee that smoke shops and e-cigarette retailers are operating alarmingly close to schools and churches across Texas. According to witness testimony provided to the committee, harmful marketing practices and strategic product placement normalize e-cigarette use among young people and increase the potential for addiction, and the use of such products poses undeniable health concerns. Current Texas statute prohibits the advertisement of cigarettes and other tobacco products within 1,000 feet of schools and churches; however, these restrictions do not extend to e-cigarettes. H.B. 2735 seeks to address this inconsistency by prohibiting e-cigarette advertisements within 1,000 feet of schools and churches.
CRIMINAL JUSTICE IMPACT It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS H.B. 2735 amends the Health and Safety Code to prohibit a sign containing an advertisement for e-cigarettes, defined by reference to statutory provisions relating to the distribution of cigarettes, e-cigarettes, or tobacco products, from being located closer than 1,000 feet to a church or school. The bill expressly does not apply to a sign containing an e-cigarette advertisement that, before September 1, 1997, was located closer than 1,000 feet, but not closer than 500 feet, to a church or school.
EFFECTIVE DATE September 1, 2025.
BACKGROUND AND PURPOSE
The bill author has informed the committee that smoke shops and e-cigarette retailers are operating alarmingly close to schools and churches across Texas. According to witness testimony provided to the committee, harmful marketing practices and strategic product placement normalize e-cigarette use among young people and increase the potential for addiction, and the use of such products poses undeniable health concerns. Current Texas statute prohibits the advertisement of cigarettes and other tobacco products within 1,000 feet of schools and churches; however, these restrictions do not extend to e-cigarettes. H.B. 2735 seeks to address this inconsistency by prohibiting e-cigarette advertisements within 1,000 feet of schools and churches.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 2735 amends the Health and Safety Code to prohibit a sign containing an advertisement for e-cigarettes, defined by reference to statutory provisions relating to the distribution of cigarettes, e-cigarettes, or tobacco products, from being located closer than 1,000 feet to a church or school. The bill expressly does not apply to a sign containing an e-cigarette advertisement that, before September 1, 1997, was located closer than 1,000 feet, but not closer than 500 feet, to a church or school.
EFFECTIVE DATE
September 1, 2025.