HB3771 - Relating to the operation near a public school of a retail establishment selling cigarettes, e-cigarettes, or tobacco products; providing a civil penalty.

  89R15974 MCF-D     By: Hernandez H.B. No. 3771       A BILL TO BE ENTITLED   AN ACT   relating to the operation near a public school of a retail   establishment selling cigarettes, e-cigarettes, or tobacco   products; providing a civil penalty.          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, OR   TOBACCO PRODUCT NEAR PUBLIC SCHOOL; CIVIL PENALTY.   (a)   This   section applies only to a retail establishment for which 50 percent   of the total gross receipts from retail sales on the   establishment's premises is derived from the retail sale of   cigarettes, e-cigarettes, and tobacco products.           (b)     A retailer may not operate a retail establishment   subject to this section within one mile of a public primary or   secondary school campus.           (c)     A retailer who violates Subsection (b) is subject to a   civil penalty in an amount not to exceed $5,000.   The attorney   general may bring an action to recover the civil penalty.          SECTION 2.  Notwithstanding Section 161.0877, Health and   Safety Code, as added by this Act, a retailer is not required to   comply with that section until March 1, 2026.          SECTION 3.  This Act takes effect September 1, 2025.