Relating to the operation near a public school of a retail establishment selling cigarettes, e-cigarettes, or tobacco products; providing a civil penalty.
relating to the operation near a public school of a retail
establishment selling cigarettes, e-cigarettes, or tobacco
products; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0877 to read as follows:
Sec. 161.0877. RETAIL SALE OF CIGARETTE, E-CIGARETTE, OR
TOBACCO PRODUCT NEAR PUBLIC SCHOOL; CIVIL PENALTY. (a) This
section applies only to a retail establishment for which 50 percent
of the total gross receipts from retail sales on the
establishment’s premises is derived from the retail sale of
cigarettes, e-cigarettes, and tobacco products.
(b) A retailer may not operate a retail establishment
subject to this section within one mile of a public primary or
secondary school campus.
(c) A retailer who violates Subsection (b) is subject to a
civil penalty in an amount not to exceed $5,000. The attorney
general may bring an action to recover the civil penalty.
SECTION 2. Notwithstanding Section 161.0877, Health and
Safety Code, as added by this Act, a retailer is not required to
comply with that section until March 1, 2026.
SECTION 3. This Act takes effect September 1, 2025.
