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A BILL TO BE ENTITLED
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AN ACT
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relating to county and municipal authority to prohibit the |
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operation of e-cigarette retailers near primary or secondary |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0895 to read as follows: |
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Sec. 161.0895. LOCAL REGULATION OF E-CIGARETTE RETAILERS |
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NEAR PRIMARY OR SECONDARY SCHOOL CAMPUSES. (a) Except as provided |
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by Subsection (c), the commissioners court of a county may adopt an |
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order applicable to unincorporated areas of the county and the |
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governing body of a municipality may adopt an ordinance applicable |
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within the municipality prohibiting an e-cigarette retailer from |
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operating within: |
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(1) 300 feet of a public or private primary or |
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secondary school campus; |
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(2) 1,000 feet of a public primary or secondary school |
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campus on request of the school district board of trustees for the |
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campus; or |
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(3) 1,000 feet of a private primary or secondary |
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school campus on request of the governing body of the school. |
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(b) The board of trustees of a school district or governing |
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body of a private school may request the commissioners court of a |
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county or governing body of a municipality to adopt a prohibition |
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described by Subsection (a)(2) or (3) for a district or school |
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campus within the described area. |
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(c) A county order or municipal ordinance adopted under this |
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section does not apply to an e-cigarette retailer whose gross |
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receipts from the sale of e-cigarettes is less than 50 percent of |
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the retailer's total gross receipts at the retailer's premises |
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within an area described by Subsection (a)(1), (2), or (3). |
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SECTION 2. This Act takes effect September 1, 2025. |