Tex. Health and Safety Code § 161.089
PREEMPTION OF LOCAL LAW
Texas · Texas Health and Safety Code · Status: effective
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- Citation
- Tex. Health and Safety Code § 161.089, PREEMPTION OF LOCAL LAW, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/668493
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Full text
(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.