HB 3771
AN ACT relating to the operation near a public school of a retail
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Prohibits retail establishments that derive 50% or more of their gross sales from cigarettes, e-cigarettes, or tobacco products from operating within one mile of a public primary or secondary school. Retailers found in violation can be subject to a civil penalty of up to $5,000, which can be enforced by the attorney general. While the law is passed in 2025, retailers will have until March 1, 2026, to comply with the new distance requirements.
Subject Areas
Bill Text
relating to the operation near a public school of a retail establishment selling cigarettes, e-cigarettes, or tobacco products; providing a civil penalty. 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 161.0877 to read as follows: Sec. 161.0877. RETAIL SALE OF CIGARETTE, E-CIGARETTE, OR TOBACCO PRODUCT NEAR PUBLIC SCHOOL; CIVIL PENALTY. (a) This section applies only to a retail establishment for which 50 percent of the total gross receipts from retail sales on the establishment's premises is derived from the retail sale of cigarettes, e-cigarettes, and tobacco products. (b) A retailer may not operate a retail establishment subject to this section within one mile of a public primary or (c) A retailer who violates Subsection (b) is subject to a civil penalty in an amount not to exceed $5,000. The attorney general may bring an action to recover the civil penalty. SECTION 2. Notwithstanding Section 161.0877, Health and Safety Code, as added by this Act, a retailer is not required to comply with that section until March 1, 2026. SECTION 3. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the operation near a public school of a retail
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