89R3032 MCF-D
By: Campbell S.B. No. 464
A BILL TO BE ENTITLED
AN ACT
relating to county and municipal authority to prohibit the
operation of e-cigarette retailers near 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 300 feet of a public or private 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 are 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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.