89R1371 MCF-D     By: Cunningham H.B. No. 1183       A BILL TO BE ENTITLED   AN ACT   relating to county and municipal authority to prohibit the   operation of e-cigarette retailers near primary or secondary   schools.          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 161.0895 to read as follows:          Sec. 161.0895.  LOCAL REGULATION OF E-CIGARETTE RETAILERS   NEAR PRIMARY OR SECONDARY SCHOOL CAMPUSES. (a) Except as provided   by Subsection (c), the commissioners court of a county may adopt an   order applicable to unincorporated areas of the county and the   governing body of a municipality may adopt an ordinance applicable   within the municipality prohibiting an e-cigarette retailer from   operating within:                (1)  300 feet of a public or private primary or   secondary school campus;                (2)  1,000 feet of a public primary or secondary school   campus on request of the school district board of trustees for the   campus; or                (3)  1,000 feet of a private primary or secondary   school campus on request of the governing body of the school.          (b)  The board of trustees of a school district or governing   body of a private school may request the commissioners court of a   county or governing body of a municipality to adopt a prohibition   described by Subsection (a)(2) or (3) for a district or school   campus within the described area.          (c)  A county order or municipal ordinance adopted under this   section does not apply to an e-cigarette retailer whose gross   receipts from the sale of e-cigarettes is less than 50 percent of   the retailer's total gross receipts at the retailer's premises   within an area described by Subsection (a)(1), (2), or (3).          SECTION 2.  This Act takes effect September 1, 2025.