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89(R) SB 464 - House Committee Report version - Bill Text
89R27824 MCF-D
By: Campbell, et al.
S.B. No. 464
(Lujan, Cunningham, et al.)
Substitute the following for S.B. No. 464:
No.
A BILL TO BE ENTITLED
AN ACT
relating to the operation near a public or private primary or
secondary school of a retail establishment selling cigarettes,
e-cigarettes, vaping apparatuses, or tobacco products; creating a
criminal offense.
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,
VAPING APPARATUS, OR TOBACCO PRODUCT NEAR SCHOOL; CRIMINAL OFFENSE.
(a) In this section, "vaping apparatus" means a battery-operated
or electronic device intended to deliver an aerosolized or
vaporized substance to the individual inhaling from the device,
including:
(1) an e-cigar, e-pipe, vape pen, or e-hookah;
(2)
any component, part, or accessory of the device;
and
(3)
any liquid, solution, or substance intended to be
aerosolized or vaporized by the device, regardless of whether the
liquid, solution, or substance includes nicotine, flavoring, or
other chemicals.
(b)
A retailer commits an offense if the retailer operates a
retail establishment that sells cigarettes, e-cigarettes, vaping
apparatuses, or tobacco products within 1,000 feet of a public or
private primary or secondary school.
(c) An offense under this section is a Class A misdemeanor.
(d)
The distance between a retail establishment and a public
or private school is measured:
(1)
in a direct line from the property line of the
public or private school to the property line of the establishment
and in a direct line across intersections; or
(2)
for an establishment located on or above the fifth
floor of a multistory building, in a direct line from the property
line of the public or private school to the property line of the
establishment, in a direct line across intersections, and in a
vertical line from the building base at the property line to the
base of the floor on which the establishment is located.
(e)
The comptroller shall revoke a permit the comptroller
issues under Chapter 147 of this code or Chapter 154 or 155, Tax
Code, as applicable,
to a retailer who is convicted of an offense
under this section.
(f)
This section does not preempt a local regulation of the
operation of a retail establishment selling cigarettes,
e-cigarettes, vaping apparatuses, or tobacco products or affect the
authority of a political subdivision to adopt or enforce an
ordinance or requirement relating to the operation of a retail
establishment selling cigarettes, e-cigarettes, vaping
apparatuses, or tobacco products if the regulation, ordinance, or
requirement is compatible with or equal to or more stringent than a
requirement prescribed by this section.
(g)
This section does not apply to an employee of a
retailer.
(h)
Notwithstanding any other law, the comptroller shall
adopt rules authorizing a retailer whose permit is revoked under
this section to sell the retailer's remaining inventory of
cigarettes, e-cigarettes, vaping apparatuses, or tobacco products
to another retailer in lieu of the comptroller's seizure of the
inventory.
SECTION 2. This Act takes effect September 1, 2025.