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.