Bill Text: TX HB1816 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to county and municipal authority to prohibit the operation of e-cigarette retailers near public primary or secondary schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-10 - Filed [HB1816 Detail]
Download: Texas-2025-HB1816-Introduced.html
| 89R5833 MCF-D | ||
| By: Lujan | H.B. No. 1816 | |
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| 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. | ||
