The bill, H.B. No. 1816, seeks to grant counties and municipalities in Texas the authority to regulate the operation of e-cigarette retailers near public primary and secondary schools. Specifically, it introduces a new section, 161.0895, to the Health and Safety Code, allowing local governing bodies to prohibit e-cigarette retailers from operating within 1,000 feet of school campuses. This regulation is applicable to unincorporated areas of counties and within municipalities, thereby empowering local governments to take action to protect students from potential exposure to e-cigarette products.

However, the bill includes a provision that exempts certain retailers from this regulation. An e-cigarette retailer whose gross receipts from e-cigarette sales constitute less than 50 percent of their total gross receipts will not be subject to the prohibition outlined in the new section. The bill is set to take effect on September 1, 2025, if passed.

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