…“does not apply to an e-cigarette retailer whose gross receipts from the sale of e-cigarettes are less than 50 percent of the retailer's total gross receipts”…
Any store where e-cigarettes are under half of sales is outside the reach of a local ban, so general retailers selling vapes next to a school can keep doing so. Dedicated vape shops are still covered, so the ban is narrowed but not emptied.
Counties and cities can bar vape shops within 300 feet of schools. Many convenience stores are exempt.
This bill lets counties and cities pass rules banning e-cigarette shops from operating within 300 feet of a public or private primary or secondary school. It touches county commissioners courts, city councils, and vape retailers located near schools. Stores that make less than half of their sales at that location from e-cigarettes, such as many convenience stores, are exempt from any local ban.
Labels
Labels: GOT HALFWAY. Passed the Senate on Apr 7, 2025. Died in the House: voted out of the Intergovernmental Affairs committee 8-2, no floor vote.
relating to county and municipal authority to prohibit the
operation of e-cigarette retailers near primary or secondary
schools.
WHAT IT DOES
Counties and cities can bar vape shops within 300 feet of schools. Many convenience stores are exempt.
This bill lets counties and cities pass rules banning e-cigarette shops from operating within 300 feet of a public or private primary or secondary school. It touches county commissioners courts, city councils, and vape retailers located near schools. Stores that make less than half of their sales at that location from e-cigarettes, such as many convenience stores, are exempt from any local ban.
…“does not apply to an e-cigarette retailer whose gross receipts from the sale of e-cigarettes are less than 50 percent of the retailer's total gross receipts”…
Any store where e-cigarettes are under half of sales is outside the reach of a local ban, so general retailers selling vapes next to a school can keep doing so. Dedicated vape shops are still covered, so the ban is narrowed but not emptied.
TOTAL
No first-year general revenue figure available here.
Passage of the bill would make operating a retail establishment that sells cigarettes, e-cigarettes, and certain related products with 1,000 feet of a primary or secondary school campus a Class A misdemeanor. As a result, fine revenue could increase. However, the amount of any increased revenue cannot be determined.
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
HISTORY
Received by the Secretary of the Senate
Filed
Read first time
Referred to Local Government
Co-author authorized
Scheduled for public hearing on . . .
Considered in public hearing
Testimony taken in committee
Left pending in committee
Considered in public hearing
Vote taken in committee
Reported favorably as substituted
Recommended for local & uncontested calendar
Committee report printed and distributed
Placed on intent calendar
Co-author authorized
Rules suspended-Regular order of business
Vote recorded in Journal
Read 2nd time
Amendment(s) offered FA1 Campbell
Amended
Vote recorded in Journal
Amendment(s) offered FA2 Cook
Amended
Vote recorded in Journal
Passed to engrossment as amended
Vote recorded in Journal
Three day rule suspended
Record vote
Read 3rd time
Passed
Record vote
Reported engrossed
Received from the Senate
Read first time
Referred to Intergovernmental Affairs
Considered in formal meeting
Committee substitute considered in committee
Reported favorably as substituted
Comte report filed with Committee Coordinator
Committee report distributed
Committee report sent to Calendars
FILED UNDER
No verified beat found.
SIGNED FOR BY
Senate · 28 yea · 2 nay
Sources
Senate: Final passage · Apr 7, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.
Senator Campbell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 464 be placed on its third reading and final passage. The motion prevailed by the following vote: Yeas 28, Nays 2.
Published stock of positions for this vote, except where marked derived.
Yea: 28 (published)
Nay: 2 (published)
Present, not voting: Not printed
Absent: 0 (derived from named list)
Excused: 1 (derived from named list)
Senate journal. Source snapshot 2026-10-19, Central time.
Passage of the bill would make operating a retail establishment that sells cigarettes, e-cigarettes, and certain related products with 1,000 feet of a primary or secondary school campus a Class A misdemeanor. As a result, fine revenue could increase. However, the amount of any increased revenue cannot be determined.
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 19, 2026, against the published rubric.
89R3032 MCF-D
By: Campbell
S.B. No. 464
A BILL TO BE ENTITLED
AN ACT
relating to county and municipal authority to prohibit the
operation of e-cigarette retailers near 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 300 feet of a public or private 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 are 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 immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
Monitoring 
