Amend SB 21 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.  Section 161.089, Health and Safety Code, is amended to read as follows:

Sec. 161.089.  PREEMPTION OF LOCAL LAW. (a) Except as provided by Subsection (b), this [This] subchapter does not preempt a local regulation of the sale, distribution, or use of cigarettes or tobacco products or affect the authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the sale, distribution, or use of cigarettes or tobacco products if the regulation, ordinance, or requirement:

(1)  is compatible with and equal to or more stringent than a requirement prescribed by this subchapter; or

(2)  relates to an issue that is not specifically addressed by this subchapter or Chapter 154 or 155, Tax Code.

(b)  A political subdivision may not adopt or enforce an ordinance or requirement relating to the lawful age to sell, distribute, or use cigarettes, e-cigarettes, or tobacco products that is more stringent than a requirement prescribed by this subchapter.