HB 3771

A school buffer for tobacco and vape shops

Died in committee

Verdict: No flags

No flagsReviewed

Rep. Ana HernandezDHouse 143

Editor's call: No flags. On Nov 1, 2026 the editor checked this charge against the bill's caption and removed it.

Corrected Nov 1, 2026

Corrected Nov 1, 2026 · We checked this summary against the bill text and fixed it.

Reviewed · Nov 1, 2026 · Headline, summary and grade are analysis of the bill text, not a finding about any person · How we grade

Caption

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

Caption from analyzed text · version I.

Summary

The one-mile buffer applies where those products account for half of retail receipts.

This bill bars a retailer from running a store within one mile of a public primary or secondary school campus if at least half of that store's sales come from cigarettes, e-cigarettes, and tobacco products. It touches smoke shops and vape shops near schools, and the attorney general can sue for a civil penalty of up to $5,000. The law starts September 1, 2025, but stores do not have to comply until March 1, 2026, and existing shops get no exemption, so covered shops near schools would have to close or move.

Labels

Labels: NEVER GOT A HEARING. Filed Mar 5, 2025 and referred to the House Public Health committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB3771 · 2025-03-05

SOLD BY

Rep. Ana HernandezDHouse 143

ITEM

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

WHAT IT DOES

The one-mile buffer applies where those products account for half of retail receipts.

CHARGES

[ ] NONE FOUND

TOTAL

No fiscal note in the loaded record.

HISTORY

Mar 5, 2025Filed
Mar 26, 2025Read first time
Mar 26, 2025Referred to Public Health

FILED UNDER

No verified beat found.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Ana Hernandez

Donors

Texas Trial Lawyers Association PAC$35K Texas REALTORS Political Action Committee$15K Border Health PAC$10K

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 · Jul 1, 2024 to Oct 22, 2026. 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.

Texas Trial Lawyers Association PAC$35,000.00

Texas Trial Lawyers Association PAC

$35,000.00

Cash: $35,000.00
Paid by others: $0.00
Total: $35,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 10, 2024 to Sep 21, 2026. 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: 100987003, 101013859, 101020093, 101059809, 101070083.

Texas REALTORS Political Action Committee$15,000.00

Texas REALTORS Political Action Committee

$15,000.00

Cash: $15,000.00
Paid by others: $0.00
Total: $15,000.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Nov 1, 2024 to Sep 25, 2026. 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: 100987003, 101072690.

Border Health PAC$10,000.00

Border Health PAC

$10,000.00

Cash: $10,000.00
Paid by others: $0.00
Total: $10,000.00

Also funds 17 other sitting lawmakers.

Derived recipient stock · Oct 28, 2024 to Aug 26, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Nov 26, 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: 101020093.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Texas Trial Lawyers Association PAC

$35,000.00

Cash: $35,000.00
Paid by others: $0.00
Total: $35,000.00

Also funds 137 other sitting lawmakers.

Derived recipient stock · Jul 24, 2024 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Dec 10, 2024 to Sep 21, 2026. 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: 100987003, 101013859, 101020093, 101059809, 101070083.

Texas REALTORS Political Action Committee

$15,000.00

Cash: $15,000.00
Paid by others: $0.00
Total: $15,000.00

Also funds 140 other sitting lawmakers.

Derived recipient stock · Jul 2, 2024 to Oct 24, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · Nov 1, 2024 to Sep 25, 2026. 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: 100987003, 101072690.

Border Health PAC

$10,000.00

Cash: $10,000.00
Paid by others: $0.00
Total: $10,000.00

Also funds 17 other sitting lawmakers.

Derived recipient stock · Oct 28, 2024 to Aug 26, 2026. State data as of Nov 4, 2026.

TEC account match.

Team

Sources

Derived itemized flow · on Nov 26, 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: 101020093.

Votes

No floor vote loaded for this bill.

Fiscal

No fiscal note in the loaded record.

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 Mar 5, 2025

03/26/2025 H Referred to Public Health: Mar 26 2025 11:31AM

Texas Legislature Online · Introduced

Data snapshot Nov 1, 2026 at 10:30 AM CST. Grades, charges, quotes and corrections follow the published record.

House committee · Public Health · Final status: Died in committee

Subjects

Business & Commerce--General

Civil Remedies & Liabilities

Education--Primary & Secondary--General

Minors--Health & Safety

Tobacco Products

Text

The text as introduced · 212 words

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.