TITLE: Relating to the operation near a public school of a retail establishment selling cigarettes, e-cigarettes, or tobacco products; providing a civil penalty.

SUMMARY: Relating to the operation near a public school of a retail establishment selling cigarettes, e-cigarettes, or tobacco products; providing a civil penalty.

FULL TEXT:
AN ACT 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.