HB 1816
Lujan E-Cigarette Bill Spares Stores Under 50 Percent Vape Sales
Died in committee
Verdict: Smells
Why it's charged
The hole
THE TEXT
…“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”…
Bill text, introduced version (I)
Any store that sells e-cigarettes alongside enough other goods escapes a local ban, even right next to a school. That means a local ban could leave many places selling e-cigarettes near schools untouched, though the caption does not promise to cover every seller.
The holeInitial review · graded Oct 20, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade
Caption
relating to county and municipal authority to prohibit the operation of e-cigarette retailers near public primary or secondary schools.
Caption from analyzed text · version I.
Summary
Vape shops within 1,000 feet of a school can be banned. Sell enough other goods? Exempt.
The bill lets county commissioners courts and city councils ban e-cigarette retailers from operating within 1,000 feet of a public primary or secondary school. The local ban covers only stores that make at least half their sales at that location from e-cigarettes, so it reaches dedicated vape shops and not stores where vapes are a smaller share of sales. Nothing changes until a county or city chooses to adopt an order or ordinance, and the authority starts September 1, 2025.
Labels
Labels: PENDING FOREVER. Heard by the House Intergovernmental Affairs committee on Mar 25, 2025 and left pending. Never voted out. The bill died.
Receipt
The receipt
89R-HB1816 · 2025-01-10
SOLD BY
+ 1 coauthor
ITEM
relating to county and municipal authority to prohibit the operation of e-cigarette retailers near public primary or secondary schools.
WHAT IT DOES
Vape shops within 1,000 feet of a school can be banned. Sell enough other goods? Exempt.
The bill lets county commissioners courts and city councils ban e-cigarette retailers from operating within 1,000 feet of a public primary or secondary school. The local ban covers only stores that make at least half their sales at that location from e-cigarettes, so it reaches dedicated vape shops and not stores where vapes are a smaller share of sales. Nothing changes until a county or city chooses to adopt an order or ordinance, and the authority starts September 1, 2025.
CHARGES
[x] THE HOLEanalysis confidence 45%
THE TEXT
…“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”…
Bill text, introduced version (I)
Any store that sells e-cigarettes alongside enough other goods escapes a local ban, even right next to a school. That means a local ban could leave many places selling e-cigarettes near schools untouched, though the caption does not promise to cover every seller.
TOTAL
No fiscal implication to the State is anticipated.
LBB estimate · fiscal note version I · source
Sources
Fiscal note · version I · March 21, 2025
No first-year general revenue figure available here.
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
HISTORY
- Filed
- Read first time
- Referred to Intergovernmental Affairs
- Scheduled for public hearing on . . .
- Considered in public hearing
- Committee substitute considered in committee
- Testimony taken/registration(s) recorded in committee
- Left pending in committee
FILED UNDER
No verified beat found.
THANK YOU FOR CHECKING THE RECEIPT
CAMPAIGN PAID FOR BY
CAMPAIGN PAID FOR BY
Donors
Not tied to this bill.
Sources
The author's campaign account only. Own money and internal transfers are separate on the member page.
Derived itemized flow · Oct 28, 2024 to Jul 30, 2025. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Texans for Lawsuit Reform PAC$305,300.00
Texans for Lawsuit Reform PAC
$305,300.00
- Cash
- $305,000.00
- Paid by others
- $300.00
- Total
- $305,300.00
Also funds 124 other sitting lawmakers.
Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Oct 29, 2024 to Jun 27, 2025. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100977051, 101012920.
Greg Abbott Campaign$91,570.37
Greg Abbott Campaign
$91,570.37
- Cash
- $0.00
- Paid by others
- $91,570.37
- Total
- $91,570.37
Also funds 9 other sitting lawmakers.
Derived recipient stock · Oct 29, 2024 to Sep 2, 2026. State data as of Nov 4, 2026.
Name match, not a verified identity: normalized filed name and state.
TeamSources
Derived itemized flow · Oct 29, 2024 to Nov 13, 2024. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100977051.
Dealon, LLC$25,000.00
Dealon, LLC
$25,000.00
- Cash
- $25,000.00
- Paid by others
- $0.00
- Total
- $25,000.00
Also funds 4 other sitting lawmakers.
Derived recipient stock · Oct 28, 2024 to Sep 23, 2026. State data as of Nov 4, 2026.
Name match, not a verified identity: normalized filed name and state.
Sources
Derived itemized flow · on Oct 30, 2024. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100977051.
Missing data does not establish zero giving. Display amounts are rounded.
Texans for Lawsuit Reform PAC
$305,300.00
- Cash
- $305,000.00
- Paid by others
- $300.00
- Total
- $305,300.00
Also funds 124 other sitting lawmakers.
Derived recipient stock · Jul 10, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.
TEC account match.
TeamSources
Derived itemized flow · Oct 29, 2024 to Jun 27, 2025. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100977051, 101012920.
Greg Abbott Campaign
$91,570.37
- Cash
- $0.00
- Paid by others
- $91,570.37
- Total
- $91,570.37
Also funds 9 other sitting lawmakers.
Derived recipient stock · Oct 29, 2024 to Sep 2, 2026. State data as of Nov 4, 2026.
Name match, not a verified identity: normalized filed name and state.
TeamSources
Derived itemized flow · Oct 29, 2024 to Nov 13, 2024. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100977051.
Dealon, LLC
$25,000.00
- Cash
- $25,000.00
- Paid by others
- $0.00
- Total
- $25,000.00
Also funds 4 other sitting lawmakers.
Derived recipient stock · Oct 28, 2024 to Sep 23, 2026. State data as of Nov 4, 2026.
Name match, not a verified identity: normalized filed name and state.
Sources
Derived itemized flow · on Oct 30, 2024. State data as of Nov 4, 2026.
Derived itemized contributions on live regular reports and uncovered special-session dates. Internal account transfers and daily reports are excluded.
Report IDs: 100977051.
Votes
No floor vote loaded for this bill.
Fiscal
No fiscal implication to the State is anticipated.
LBB estimate · fiscal note version I · source
Sources
Fiscal note · version I · March 21, 2025
No first-year general revenue figure available here.
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
How this was graded
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
Sources
Texas House · Filed Jan 10, 2025
03/25/2025 H Left pending in committee
Texas Legislature Online · Introduced
Data snapshot Oct 26, 2026 at 4:19 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Intergovernmental Affairs · Final status: Died in committee
Subjects
Business & Commerce--General
City Government--Land Use & Zoning
County Government--Land Use & Zoning
Education--Primary & Secondary--General
Minors--Health & Safety
Tobacco Products
Text
The text as introduced · 190 words
89R5833 MCF-D By: Lujan H.B. No. 1816 A BILL TO BE ENTITLED AN ACT relating to county and municipal authority to prohibit the operation of e-cigarette retailers near public 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 1,000 feet of a public 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 is 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 September 1, 2025.