| 1 | 1 | | 89R5070 MCF-F |
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| 2 | 2 | | By: Cook S.B. No. 1315 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to county and municipal authority to prohibit the sale of |
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| 10 | 10 | | cigarettes, e-cigarettes, or tobacco products near certain |
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| 11 | 11 | | locations. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter H, Chapter 161, Health and Safety |
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| 14 | 14 | | Code, is amended by adding Section 161.0895 to read as follows: |
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| 15 | 15 | | Sec. 161.0895. LOCAL REGULATION OF CIGARETTE, E-CIGARETTE, |
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| 16 | 16 | | OR TOBACCO PRODUCT SALES NEAR CERTAIN LOCATIONS. (a) Except as |
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| 17 | 17 | | provided by Subsection (c), the commissioners court of a county may |
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| 18 | 18 | | adopt an order applicable to unincorporated areas of the county and |
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| 19 | 19 | | the governing body of a municipality may adopt an ordinance |
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| 20 | 20 | | applicable within the municipality prohibiting the sale of |
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| 21 | 21 | | cigarettes, e-cigarettes, or tobacco products by an establishment |
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| 22 | 22 | | operating within: |
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| 23 | 23 | | (1) 300 feet of a church, public hospital, or public or |
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| 24 | 24 | | private primary or secondary school campus; |
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| 25 | 25 | | (2) 1,000 feet of a public primary or secondary school |
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| 26 | 26 | | campus on request of the school district board of trustees for the |
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| 27 | 27 | | campus; or |
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| 28 | 28 | | (3) 1,000 feet of a private primary or secondary |
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| 29 | 29 | | school campus on request of the governing body of the school. |
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| 30 | 30 | | (b) The board of trustees of a school district or governing |
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| 31 | 31 | | body of a private school may request the commissioners court of a |
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| 32 | 32 | | county or governing body of a municipality to adopt a prohibition |
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| 33 | 33 | | described by Subsection (a)(2) or (3) for a district or school |
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| 34 | 34 | | campus within the described area. |
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| 35 | 35 | | (c) A county order or municipal ordinance adopted under this |
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| 36 | 36 | | section does not apply to an establishment whose gross receipts |
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| 37 | 37 | | from the sale of cigarettes, e-cigarettes, and tobacco products is |
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| 38 | 38 | | less than 50 percent of the establishment's total gross receipts at |
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| 39 | 39 | | the establishment's premises within an area described by Subsection |
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| 40 | 40 | | (a)(1), (2), or (3). |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2025. |
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