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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation near a public school of a retail |
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establishment selling cigarettes, e-cigarettes, or tobacco |
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products; providing a civil penalty. |
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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 161.0877 to read as follows: |
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Sec. 161.0877. RETAIL SALE OF CIGARETTE, E-CIGARETTE, OR |
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TOBACCO PRODUCT NEAR PUBLIC SCHOOL; CIVIL PENALTY. (a) This |
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section applies only to a retail establishment for which 50 percent |
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of the total gross receipts from retail sales on the |
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establishment's premises is derived from the retail sale of |
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cigarettes, e-cigarettes, and tobacco products. |
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(b) A retailer may not operate a retail establishment |
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subject to this section within one mile of a public primary or |
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secondary school campus. |
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(c) A retailer who violates Subsection (b) is subject to a |
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civil penalty in an amount not to exceed $5,000. The attorney |
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general may bring an action to recover the civil penalty. |
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SECTION 2. Notwithstanding Section 161.0877, Health and |
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Safety Code, as added by this Act, a retailer is not required to |
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comply with that section until March 1, 2026. |
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SECTION 3. This Act takes effect September 1, 2025. |