The bill, S.B. No. 464, amends the Health and Safety Code by adding Section 161.0895, which grants counties and municipalities the authority to regulate the operation of e-cigarette retailers near primary and secondary school campuses. Specifically, it allows the commissioners court of a county to adopt an order for unincorporated areas and the governing body of a municipality to enact an ordinance that prohibits e-cigarette retailers from operating within 300 feet of these school campuses.

However, the bill includes a provision that exempts e-cigarette retailers whose gross receipts from e-cigarette sales are less than 50 percent of their total gross receipts from the regulations imposed by the county or municipality. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses of the legislature, or on September 1, 2025, if such a vote is not achieved.

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