Monitoring the Session

HB 3965

Johnson Tobacco Bill Exempts Stores Under 50 Percent Tobacco Sales

Died in committee

Verdict: Smells

SmellsInitial review
Rep. Ann JohnsonDHouse 134
Why it's charged
The hole

THE TEXT

…“does not apply to an establishment whose gross receipts from the sale of cigarettes, e-cigarettes, and tobacco products is less than 50 percent of the establishment's total gross receipts”…

Bill text, introduced version (I)

The caption promises local power to prohibit tobacco sales near schools and churches, but any store where tobacco is less than half of sales is exempt. That means general retailers can keep selling tobacco right next to a school, and only tobacco-focused shops are covered.

The hole

Initial 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 sale of cigarettes, e-cigarettes, or tobacco products near certain locations.

Caption from analyzed text · version I.

Summary

General retailers can keep selling next to a school. Only tobacco-focused shops get zoned out.

The bill lets county commissioners courts and city councils ban the sale of cigarettes, e-cigarettes and tobacco products by stores within 300 feet of a church, public hospital or school. Local governments can also extend the ban to 1,000 feet around a public or private school if the school board or school governing body asks. The ban cannot reach any store that makes less than half its gross receipts from tobacco and vape products, so in practice only tobacco-focused shops can be shut out of those zones.

Labels

Labels: NEVER GOT A HEARING. Filed Mar 6, 2025 and referred to the House Intergovernmental Affairs committee. No public hearing. The bill died.

Receipt

The receipt

89R-HB3965 · 2025-03-06

SOLD BY

ITEM

relating to county and municipal authority to prohibit the sale of cigarettes, e-cigarettes, or tobacco products near certain locations.

WHAT IT DOES

General retailers can keep selling next to a school. Only tobacco-focused shops get zoned out.

The bill lets county commissioners courts and city councils ban the sale of cigarettes, e-cigarettes and tobacco products by stores within 300 feet of a church, public hospital or school. Local governments can also extend the ban to 1,000 feet around a public or private school if the school board or school governing body asks. The ban cannot reach any store that makes less than half its gross receipts from tobacco and vape products, so in practice only tobacco-focused shops can be shut out of those zones.

CHARGES

[x] THE HOLEanalysis confidence 55%

THE TEXT

…“does not apply to an establishment whose gross receipts from the sale of cigarettes, e-cigarettes, and tobacco products is less than 50 percent of the establishment's total gross receipts”…

Bill text, introduced version (I)

The caption promises local power to prohibit tobacco sales near schools and churches, but any store where tobacco is less than half of sales is exempt. That means general retailers can keep selling tobacco right next to a school, and only tobacco-focused shops are covered.

TOTAL

No fiscal note in the loaded record.

HISTORY

  1. Filed
  2. Read first time
  3. Referred to Intergovernmental Affairs
FILED UNDER

No verified beat found.

Smells

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 27, 2024 to Oct 24, 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$72,500.00

Texas Trial Lawyers Association PAC

$72,500.00

Cash
$72,500.00
Paid by others
$0.00
Total
$72,500.00

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 Oct 23, 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: 100987008, 101008094, 101030169, 101058089, 101072095.

Texans for Truth and Liberty PAC$65,000.00

Texans for Truth and Liberty PAC

$65,000.00

Cash
$65,000.00
Paid by others
$0.00
Total
$65,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 26, 2025 to Oct 15, 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: 101008094, 101072095.

Agave Democratic Infrastructure Fund$54,875.00

Agave Democratic Infrastructure Fund

$54,875.00

Cash
$25,000.00
Paid by others
$29,875.00
Total
$54,875.00
consulting $29,875.00

Also funds 5 other sitting lawmakers.

Derived recipient stock · Nov 22, 2024 to Oct 12, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Nov 22, 2024 to Oct 12, 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: 100987008, 101058089, 101068643, 101072095.

Money

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

×

Texas Trial Lawyers Association PAC

$72,500.00

Cash
$72,500.00
Paid by others
$0.00
Total
$72,500.00

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 Oct 23, 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: 100987008, 101008094, 101030169, 101058089, 101072095.

×

Texans for Truth and Liberty PAC

$65,000.00

Cash
$65,000.00
Paid by others
$0.00
Total
$65,000.00

Also funds 44 other sitting lawmakers.

Derived recipient stock · Jun 24, 2025 to Oct 23, 2026. State data as of Nov 4, 2026.

TEC account match.

Team
Sources

Derived itemized flow · Jun 26, 2025 to Oct 15, 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: 101008094, 101072095.

×

Agave Democratic Infrastructure Fund

$54,875.00

Cash
$25,000.00
Paid by others
$29,875.00
Total
$54,875.00
consulting $29,875.00

Also funds 5 other sitting lawmakers.

Derived recipient stock · Nov 22, 2024 to Oct 12, 2026. State data as of Nov 4, 2026.

TEC account match.

Sources

Derived itemized flow · Nov 22, 2024 to Oct 12, 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: 100987008, 101058089, 101068643, 101072095.

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 6, 2025

03/27/2025 H Referred to Intergovernmental Affairs: Mar 27 2025 11:57AM

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

Companion

SB 1315 by Cook (identical)

Subjects

County Government--General

Education--Primary & Secondary--Private

Education--School Districts

Health--General

Hospitals

Minors--Health & Safety

Religion

Tobacco Products

Text

The text as introduced · 305 words

89R5070 MCF-F

By: Johnson
H.B. No. 3965

A BILL TO BE ENTITLED

AN ACT

relating to county and municipal authority to prohibit the sale of

cigarettes, e-cigarettes, or tobacco products near certain

locations.

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 CIGARETTE, E-CIGARETTE,

OR TOBACCO PRODUCT SALES NEAR CERTAIN LOCATIONS. (a) Except as

provided by Subsection (c), 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 the sale of

cigarettes, e-cigarettes, or tobacco products by an establishment

operating within:

(1) 300 feet of a church, public hospital, or public or

private primary or secondary school campus;

(2) 1,000 feet of a public primary or secondary school

campus on request of the school district board of trustees for the

campus; or

(3) 1,000 feet of a private primary or secondary

school campus on request of the governing body of the school.

(b) The board of trustees of a school district or governing

body of a private school may request the commissioners court of a

county or governing body of a municipality to adopt a prohibition

described by Subsection (a)(2) or (3) for a district or school

campus within the described area.

(c) A county order or municipal ordinance adopted under this

section does not apply to an establishment whose gross receipts

from the sale of cigarettes, e-cigarettes, and tobacco products is

less than 50 percent of the establishment's total gross receipts at

the establishment's premises within an area described by Subsection

(a)(1), (2), or (3).

SECTION 2. This Act takes effect September 1, 2025.