Tex. Health & Safety Code § 161.089

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 161.089 - Preemption of Local Law
(a) Except as provided by Subsection (b), this subchapter does not preempt a local regulation of the sale, distribution, or use of cigarettes or tobacco products or affect the authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the sale, distribution, or use of cigarettes or tobacco products if the regulation, ordinance, or requirement:
(1) is compatible with and equal to or more stringent than a requirement prescribed by this subchapter; or
(2) relates to an issue that is not specifically addressed by this subchapter or Chapter 154 or 155, Tax Code.
(b) A political subdivision may not adopt or enforce an ordinance or requirement relating to the lawful age to sell, distribute, or use cigarettes, e-cigarettes, or tobacco products that is more stringent than a requirement prescribed by this subchapter.

Tex. Health and Safety Code § 161.089

Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 500,Sec. 12, eff. 9/1/2019.
Added by Acts 1997, 75th Leg., ch. 671, Sec. 1.01, eff. 9/1/1997.