89R5070 MCF-F
By: Cook S.B. No. 1315
A BILL TO BE ENTITLED
AN ACT
relating to county and municipal authority to prohibit the sale of
cigarettes, e-cigarettes, or tobacco products near certain
locations.
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 CIGARETTE, E-CIGARETTE,
OR TOBACCO PRODUCT SALES NEAR CERTAIN LOCATIONS. (a) Except as
provided by Subsection (c), 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 the sale of
cigarettes, e-cigarettes, or tobacco products by an establishment
operating within:
(1) 300 feet of a church, public hospital, or public or
private primary or secondary school campus;
(2) 1,000 feet of a public primary or secondary school
campus on request of the school district board of trustees for the
campus; or
(3) 1,000 feet of a private primary or secondary
school campus on request of the governing body of the school.
(b) The board of trustees of a school district or governing
body of a private school may request the commissioners court of a
county or governing body of a municipality to adopt a prohibition
described by Subsection (a)(2) or (3) for a district or school
campus within the described area.
(c) A county order or municipal ordinance adopted under this
section does not apply to an establishment whose gross receipts
from the sale of cigarettes, e-cigarettes, and tobacco products is
less than 50 percent of the establishment's total gross receipts at
the establishment's premises within an area described by Subsection
(a)(1), (2), or (3).
SECTION 2. This Act takes effect September 1, 2025.