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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a municipality to limit the |
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possession, purchase, consumption, sale, distribution, or receipt |
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of cigarettes, e-cigarettes, or tobacco products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.089, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 161.089. PREEMPTION OF LOCAL LAW. (a) This subchapter |
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does not preempt a local regulation of the sale, distribution, or |
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use of cigarettes or tobacco products or affect the authority of a |
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political subdivision to adopt or enforce an ordinance or |
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requirement relating to the sale, distribution, or use of |
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cigarettes or tobacco products if the regulation, ordinance, or |
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requirement: |
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(1) is compatible with and equal to or more stringent |
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than a requirement prescribed by this subchapter; or |
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(2) relates to an issue that is not specifically |
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addressed by this subchapter or Chapter 154 or 155, Tax Code. |
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(b) Notwithstanding Subsection (a), a municipality may |
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adopt an ordinance prohibiting or limiting the sale or distribution |
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of cigarettes, e-cigarettes, or tobacco products to a person under |
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21 years of age. Sections 161.088 and 161.090 do not apply to the |
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enforcement of an ordinance adopted as described by this |
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subsection. |
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SECTION 2. Subchapter N, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.258 to read as follows: |
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Sec. 161.258. LOCAL REGULATION OF CIGARETTES, |
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E-CIGARETTES, OR TOBACCO PRODUCTS. (a) A municipality may adopt an |
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ordinance prohibiting or limiting the possession, purchase, |
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consumption, or receipt of cigarettes, e-cigarettes, or tobacco |
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products by a person under 21 years of age. |
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(b) Sections 161.252-161.257 do not apply to the |
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enforcement of an ordinance adopted as described by this section. |
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SECTION 3. The change in law made by this Act applies only |
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to an ordinance adopted on or after the effective date of this Act. |
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An ordinance adopted before the effective date of this Act is |
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governed by the law in effect on the date the ordinance was adopted, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2017. |