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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 sale of |
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cigarettes, e-cigarettes, or tobacco products near certain |
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locations. |
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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 CIGARETTE, E-CIGARETTE, |
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OR TOBACCO PRODUCT SALES NEAR CERTAIN LOCATIONS. (a) Except as |
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provided by Subsection (c), the commissioners court of a county may |
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adopt an order applicable to unincorporated areas of the county and |
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the governing body of a municipality may adopt an ordinance |
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applicable within the municipality prohibiting the sale of |
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cigarettes, e-cigarettes, or tobacco products by an establishment |
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operating within: |
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(1) 300 feet of a church, public hospital, or public or |
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private primary or 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 establishment whose gross receipts |
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from the sale of cigarettes, e-cigarettes, and tobacco products is |
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less than 50 percent of the establishment's total gross receipts at |
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the establishment's premises within an area described by Subsection |
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(a)(1), (2), or (3). |
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SECTION 2. This Act takes effect September 1, 2025. |