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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 or private primary or |
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secondary school of a retail establishment selling cigarettes, |
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e-cigarettes, vaping apparatuses, or tobacco products; creating a |
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criminal offense. |
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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, |
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VAPING APPARATUS, OR TOBACCO PRODUCT NEAR SCHOOL; CRIMINAL OFFENSE. |
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(a) In this section, "vaping apparatus" means a battery-operated |
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or electronic device intended to deliver an aerosolized or |
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vaporized substance to the individual inhaling from the device, |
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including: |
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(1) an e-cigar, e-pipe, vape pen, or e-hookah; |
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(2) any component, part, or accessory of the device; |
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and |
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(3) any liquid, solution, or substance intended to be |
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aerosolized or vaporized by the device, regardless of whether the |
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liquid, solution, or substance includes nicotine, flavoring, or |
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other chemicals. |
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(b) A retailer commits an offense if the retailer operates a |
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retail establishment that sells cigarettes, e-cigarettes, vaping |
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apparatuses, or tobacco products within 1,000 feet of a public or |
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private primary or secondary school. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) The distance between a retail establishment and a public |
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or private school is measured: |
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(1) in a direct line from the property line of the |
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public or private school to the property line of the establishment |
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and in a direct line across intersections; or |
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(2) for an establishment located on or above the fifth |
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floor of a multistory building, in a direct line from the property |
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line of the public or private school to the property line of the |
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establishment, in a direct line across intersections, and in a |
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vertical line from the building base at the property line to the |
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base of the floor on which the establishment is located. |
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(e) The comptroller shall revoke a permit the comptroller |
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issues under Chapter 147 of this code or Chapter 154 or 155, Tax |
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Code, as applicable, to a retailer who is convicted of an offense |
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under this section. |
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(f) This section does not preempt a local regulation of the |
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operation of a retail establishment selling cigarettes, |
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e-cigarettes, vaping apparatuses, or tobacco products or affect the |
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authority of a political subdivision to adopt or enforce an |
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ordinance or requirement relating to the operation of a retail |
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establishment selling cigarettes, e-cigarettes, vaping |
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apparatuses, or tobacco products if the regulation, ordinance, or |
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requirement is compatible with or equal to or more stringent than a |
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requirement prescribed by this section. |
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(g) This section does not apply to an employee of a |
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retailer. |
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(h) Notwithstanding any other law, the comptroller shall |
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adopt rules authorizing a retailer whose permit is revoked under |
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this section to sell the retailer's remaining inventory of |
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cigarettes, e-cigarettes, vaping apparatuses, or tobacco products |
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to another retailer in lieu of the comptroller's seizure of the |
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inventory. |
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SECTION 2. This Act takes effect September 1, 2025. |