HB 1816

AN ACT relating to county and municipal authority to prohibit the

House Bill Lujan | Bernal | Lalani
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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Fiscal Note

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What This Bill Does

Allows counties and municipalities to prohibit e-cigarette retailers from operating within 1,000 feet of public primary or secondary schools. The prohibition does not apply to retailers whose e-cigarette sales are less than 50% of their total gross receipts. The law would give local governments more control over protecting youth from potential e-cigarette exposure near school campuses, taking effect on September 1, 2025.

Subject Areas

Bill Text

relating to county and municipal authority to prohibit the
operation of e-cigarette retailers near public 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 (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
(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.

Bill History

filed

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