Bill Text: TX SB228 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the authority of a municipality to limit the possession, purchase, consumption, sale, distribution, or receipt of cigarettes, e-cigarettes, or tobacco products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-30 - Referred to Health & Human Services [SB228 Detail]
Download: Texas-2017-SB228-Introduced.html
| 85R834 JSC-D | ||
| By: Uresti | S.B. No. 228 | |
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| relating to the authority of a municipality to limit the | ||
| possession, purchase, consumption, sale, distribution, or receipt | ||
| of cigarettes, e-cigarettes, or tobacco products. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 161.089, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 161.089. PREEMPTION OF LOCAL LAW. (a) This subchapter | ||
| does not preempt a local regulation of the sale, distribution, or | ||
| use of cigarettes or tobacco products or affect the authority of a | ||
| political subdivision to adopt or enforce an ordinance or | ||
| requirement relating to the sale, distribution, or use of | ||
| cigarettes or tobacco products if the regulation, ordinance, or | ||
| requirement: | ||
| (1) is compatible with and equal to or more stringent | ||
| than a requirement prescribed by this subchapter; or | ||
| (2) relates to an issue that is not specifically | ||
| addressed by this subchapter or Chapter 154 or 155, Tax Code. | ||
| (b) Notwithstanding Subsection (a), a municipality may | ||
| adopt an ordinance prohibiting or limiting the sale or distribution | ||
| of cigarettes, e-cigarettes, or tobacco products to a person under | ||
| 21 years of age. Sections 161.088 and 161.090 do not apply to the | ||
| enforcement of an ordinance adopted as described by this | ||
| subsection. | ||
| SECTION 2. Subchapter N, Chapter 161, Health and Safety | ||
| Code, is amended by adding Section 161.258 to read as follows: | ||
| Sec. 161.258. LOCAL REGULATION OF CIGARETTES, | ||
| E-CIGARETTES, OR TOBACCO PRODUCTS. (a) A municipality may adopt an | ||
| ordinance prohibiting or limiting the possession, purchase, | ||
| consumption, or receipt of cigarettes, e-cigarettes, or tobacco | ||
| products by a person under 21 years of age. | ||
| (b) Sections 161.252-161.257 do not apply to the | ||
| enforcement of an ordinance adopted as described by this section. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to an ordinance adopted on or after the effective date of this Act. | ||
| An ordinance adopted before the effective date of this Act is | ||
| governed by the law in effect on the date the ordinance was adopted, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
