Texas SB 464: 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.

Bill Text

By:AACampbell, et al. S.B.ANo.A464
(Lujan, Cunningham, et al.)
Substitute the following forAS.B.ANo.A464:
By:AABell of Montgomery C.S.S.B.ANo.A464
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:
SECTIONA1.AASubchapter H, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0877 to read as follows:
Sec.A161.0877.AARETAIL 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)AAan e-cigar, e-pipe, vape pen, or e-hookah;
(2)AAany component, part, or accessory of the device;
and
(3)AAany 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)AAA 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
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89R27824 MCF-D 1

private primary or secondary school.
(c)AAAn offense under this section is a Class A misdemeanor.
(d)AAThe distance between a retail establishment and a public
or private school is measured:
(1)AAin 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)AAfor 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)AAThe 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)AAThis 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)AAThis section does not apply to an employee of a
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C.S.S.B.ANo.A464
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retailer.
(h)AANotwithstanding 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.
SECTIONA2.AAThis Act takes effect September 1, 2025.
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C.S.S.B.ANo.A464
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