{"data":{"id":"us-tx/tex.-health-and-safety-code-161.089","jurisdiction":"us-tx","citation":"Tex. Health and Safety Code § 161.089","heading":"PREEMPTION OF LOCAL LAW.","body":"(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:\n(1) is compatible with and equal to or more stringent than a requirement prescribed by this subchapter; or\n(2) relates to an issue that is not specifically addressed by this subchapter or Chapter 154 or 155, Tax Code.\n(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.\nAdded by Acts 1997, 75th Leg., ch. 671, Sec. 1.01, eff. Sept. 1, 1997.\nAmended by:\nActs 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 12, eff. September 1, 2019.","path":["HEALTH AND SAFETY CODE","TITLE 2. HEALTH","SUBTITLE H. PUBLIC HEALTH PROVISIONS","CHAPTER 161. PUBLIC HEALTH PROVISIONS","SUBCHAPTER H. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS"],"source_url":"https://statutes.capitol.texas.gov/Docs/HS/htm/HS.161.htm#161.089","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:17Z","sha256":"efe57b943b2cb22057f420bd9e26ad079918a478cce7a7ef2767cd9a74a2c0cd","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-health-and-safety-code-161.088","next":"us-tx/tex.-health-and-safety-code-161.090"},"notice":"GroundRules: Original legal text. Not legal advice."}