HB 1183

AN ACT relating to county and municipal authority to prohibit the

House Bill Cunningham
Filed

Filed

Bill introduced by legislator

Committee

Hearing

Passed Cmte

Calendar

Passed

Sent

Enrolled

Governor

Signed

89th Regular Session

Jan 14, 2025 - Jun 2, 2025 • Session ended

Awaiting Committee Assignment

Bill filed, pending referral to House committee

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What This Bill Does

Allows Texas counties and municipalities to prohibit e-cigarette retailers from operating within 300-1,000 feet of primary or secondary school campuses, based on requests from school district boards or private school governing bodies. The prohibition does not apply to retailers whose e-cigarette sales comprise less than 50% of their total gross receipts, providing some flexibility for small businesses. The law would take effect on September 1, 2025, giving local governments and retailers time to prepare for potential new restrictions.

Subject Areas

Bill Text

relating to county and municipal authority to prohibit the
operation of e-cigarette retailers near primary or secondary
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 (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 an e-cigarette retailer from
(1)  300 feet of a public or private primary or
(2)  1,000 feet of a public primary or secondary school
campus on request of the school district board of trustees for the
(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 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)(1), (2), or (3).
SECTION 2.  This Act takes effect September 1, 2025.

Bill Sponsors

Legislators who authored or co-sponsored this bill.

Bill History

filed

Bill filed: AN ACT relating to county and municipal authority to prohibit the