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 against the proximity of e-cigarette sales to educational institutions.

However, the bill includes a provision that exempts certain retailers from this prohibition. An e-cigarette retailer will not be subject to the local regulations if less than 50 percent of their gross receipts come from the sale of e-cigarettes. The bill is set to take effect on September 1, 2025, providing a timeline for local governments to prepare for the implementation of these new regulations.

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