Bill Text: TX SB464 | 2025-2026 | 89th Legislature | Comm Sub

Texas Senate Bill 464

Bill Title: Relating to the operation near a public or private primary or secondary school of a retail establishment selling cigarettes, e-cigarettes, vaping apparatuses, or tobacco products; creating a criminal offense.

Sponsorship: Slight Partisan Bill (Republican 5-2)

Status: (Engrossed - Dead) 2025-05-24 - Committee report sent to Calendars [SB464 Detail]

Download: Texas-2025-SB464-Comm_Sub.html

	89R27824 MCF-D

	By: Campbell, et al.	S.B. No. 464

	(Lujan, Cunningham, et al.)

	Substitute the following for S.B. No. 464: No.



	A BILL TO BE ENTITLED
	AN ACT
	relating to the operation near a public or private primary or
	secondary school of a retail establishment selling cigarettes,
	e-cigarettes, vaping apparatuses, or tobacco products; creating a
	criminal offense.
	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,
	VAPING APPARATUS, OR TOBACCO PRODUCT NEAR SCHOOL; CRIMINAL OFFENSE.
	(a) In this section, "vaping apparatus" means a battery-operated
	or electronic device intended to deliver an aerosolized or
	vaporized substance to the individual inhaling from the device,
	including:
	(1) an e-cigar, e-pipe, vape pen, or e-hookah;
	(2) any component, part, or accessory of the device;
	and
	(3) any liquid, solution, or substance intended to be
	aerosolized or vaporized by the device, regardless of whether the
	liquid, solution, or substance includes nicotine, flavoring, or
	other chemicals.
	(b) A retailer commits an offense if the retailer operates a
	retail establishment that sells cigarettes, e-cigarettes, vaping
	apparatuses, or tobacco products within 1,000 feet of a public or
	private primary or secondary school.
	(c) An offense under this section is a Class A misdemeanor.
	(d) The distance between a retail establishment and a public
	or private school is measured:
	(1) in a direct line from the property line of the
	public or private school to the property line of the establishment
	and in a direct line across intersections; or
	(2) for an establishment located on or above the fifth
	floor of a multistory building, in a direct line from the property
	line of the public or private school to the property line of the
	establishment, in a direct line across intersections, and in a
	vertical line from the building base at the property line to the
	base of the floor on which the establishment is located.
	(e) The comptroller shall revoke a permit the comptroller
	issues under Chapter 147 of this code or Chapter 154 or 155, Tax
	Code, as applicable, to a retailer who is convicted of an offense
	under this section.
	(f) This section does not preempt a local regulation of the
	operation of a retail establishment selling cigarettes,
	e-cigarettes, vaping apparatuses, or tobacco products or affect the
	authority of a political subdivision to adopt or enforce an
	ordinance or requirement relating to the operation of a retail
	establishment selling cigarettes, e-cigarettes, vaping
	apparatuses, or tobacco products if the regulation, ordinance, or
	requirement is compatible with or equal to or more stringent than a
	requirement prescribed by this section.
	(g) This section does not apply to an employee of a
	retailer.
	(h) Notwithstanding any other law, the comptroller shall
	adopt rules authorizing a retailer whose permit is revoked under
	this section to sell the retailer's remaining inventory of
	cigarettes, e-cigarettes, vaping apparatuses, or tobacco products
	to another retailer in lieu of the comptroller's seizure of the
	inventory.
	SECTION 2. This Act takes effect September 1, 2025.