88R10784 SRA-D     By: Shaheen H.B. No. 2118       A BILL TO BE ENTITLED   AN ACT   relating to prohibiting the advertising of e-cigarettes in certain   locations; imposing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Subchapter K, Chapter 161, Health   and Safety Code, is amended to read as follows:   SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE, E-CIGARETTE, OR   TOBACCO PRODUCT ADVERTISING; FEE          SECTION 2.  Section 161.121, Health and Safety Code, is   amended by adding Subdivision (2-a) to read as follows:                (2-a)  "E-cigarette" has the meaning assigned by   Section 161.081.          SECTION 3.  Sections 161.122(a), (b), and (e), Health and   Safety Code, are amended to read as follows:          (a)  Except as provided by this section, a sign containing an   advertisement for cigarettes, e-cigarettes, or tobacco products   may not be located closer than 1,000 feet to a church or school.          (b)  The measurement of the distance between the sign   containing an advertisement for cigarettes, e-cigarettes, or   tobacco products and an institution listed in Subsection (a) is   from the nearest property line of the institution to a point on a   street or highway closest to the sign, along street lines and in   direct lines across intersections.          (e)  Subsection (a) does not apply to a sign containing an   advertisement for cigarettes, e-cigarettes, or tobacco products   that, before September 1, 1997, was located closer than 1,000 feet   to a church or school but that was not located closer than 500 feet   to the church or school.          SECTION 4.  Section 161.123(a), Health and Safety Code, is   amended to read as follows:          (a)  A purchaser of advertising is liable for and shall remit   to the comptroller a fee that is 10 percent of the gross sales price   of any outdoor advertising of cigarettes, e-cigarettes, and tobacco   products in this state.          SECTION 5.  This Act takes effect September 1, 2023.