89R3032 MCF-D     By: Campbell S.B. No. 464       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 (b), 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 300 feet of a public or private primary or   secondary school campus.          (b)  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 are less than 50 percent of   the retailer's total gross receipts at the retailer's premises   within an area described by Subsection (a).          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.