JD Key Consulting Logo
Signed Into Law
Signed May 21, 2025Effective 2025-09-01
SB1316

Regular Session

Relating to a prohibition on e-cigarette advertising in certain locations.

Government Affairs & Regulatory Compliance Analysis

SB1316: Government Affairs Overview

SB1316 extends existing tobacco zoning restrictions to electronic nicotine delivery systems, prohibiting outdoor e-cigarette advertising within 1,000 feet of a church or school. Crucially, there is no functional grandfather clause: the statutory exemption date of September 1, 1997, predates the e-cigarette industry, meaning all current exterior e-cigarette signage in these zones must be removed. Retailers, landlords, and outdoor advertisers must audit locations immediately to avoid criminal and civil penalties starting September 1, 2025.

Sen. Molly Cook·Senate Bill·Regular Session

Critical
Medium Cost
Effective:2025-09-01
Business Impact

Who SB1316 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: critical

Significant regulatory changes (effective 2025-09-01). Review with your legal and compliance teams to understand implications.

🎓

Education

Affected business types:

  • School districts
  • Charter schools
  • Private schools
  • Education service providers
View all education legislation

Key Operational Considerations

  • 1Leases: Review commercial leases for "compliance with law" clauses. You may need to amend signage exhibits or notify landlords of required facade changes.
  • 2Supplier Agreements: Notify distributors that contractual requirements to display point-of-sale (POS) materials (e.g., "Juul sold here" neon signs) are void in restricted zones.
  • 3Store Management: Train managers to reject promotional window materials from distributors if the location is flagged as a restricted zone.

Estimated Cost Impact

mediumModerate costs expected for implementation.

Enforcing Agencies

Need Government Relations Support?

JD Key Consulting provides government affairs and regulatory strategy services. We help businesses navigate Texas agencies, understand legislative impacts, and advocate for their interests.

Need Help Navigating This Legislation?

JD Key Consulting provides strategic guidance on Texas regulatory compliance and legislative impact for your business.

SB1316
Critical
Relating to a prohibition on e-cigarette advertising in certain locations.
Critical Compliance Urgency
Requires immediate attention
Cost Impact
Medium
Effective
2025-09-01
Enforcing Agencies
Local Law EnforcementTexas Comptroller of Public Acco...
Primary Author: Sen. Molly Cook
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (All physical removal must be completed *prior* to this date).
  • Agency Rulemaking: The Texas Comptroller may issue enforcement guidelines, but the distance prohibition is self-executing. Do not wait for rules to measure your distance; the statute is clear.

Immediate Action Plan

  • Conduct GIS Audit: Immediately map all retail locations against a database of churches and schools to identify those within a 3-block radius.
  • Freeze Installations: Issue "Stop Work" orders for any planned signage installations in identified zones.
  • Notice of Termination: Notify landlords and advertising vendors by Q2 2025 of intent to remove signage or terminate contracts.
  • Physical Removal: Schedule and complete removal of all non-compliant exterior marketing materials by August 15, 2025, to ensure a safety buffer before the law takes effect.

Operational Changes Required

Contracts

  • Leases: Review commercial leases for "compliance with law" clauses. You may need to amend signage exhibits or notify landlords of required facade changes.
  • Advertising Vendors: Invoke *force majeure* or "illegality" clauses to terminate third-party outdoor advertising agreements (billboards, bus benches) located in prohibited zones before the Q3 2025 renewal cycle.
  • Supplier Agreements: Notify distributors that contractual requirements to display point-of-sale (POS) materials (e.g., "Juul sold here" neon signs) are void in restricted zones.

Hiring/Training

  • Store Management: Train managers to reject promotional window materials from distributors if the location is flagged as a restricted zone.
  • Visual Merchandising: Update corporate merchandising guidelines to strictly prohibit outward-facing displays (window clings, neon) in affected locations.

Reporting & Record-Keeping

  • Distance Certification: If a location is near the buffer (e.g., 1,000–1,200 ft), commission and retain a formal GIS survey or surveyor's certificate to refute potential enforcement actions.
  • Removal Logs: Document the date and method of signage removal for each location to demonstrate good faith compliance in the event of a delayed inspection.

Fees & Costs

  • Remediation Budget: Allocate funds for signage removal and facade remediation (patching/painting) for affected stores.
  • Penalties: Non-compliance risks Class C misdemeanor fines (typically up to $500 per day/per violation) and civil penalties under Health & Safety Code Ch. 161.

Strategic Ambiguities & Considerations

  • Definition of "Sign": The Comptroller is expected to interpret "outdoor advertising" broadly. This likely includes digital screens inside a window facing out, branded awnings, and potentially wrapped delivery vehicles parked on-site. If it is visible from the street, assume it is prohibited.
  • "School" Classifications: While K-12 is clear, ambiguity exists regarding mixed-use facilities (e.g., a church renting space in a strip mall or a daycare operating as a pre-school). Adopt a conservative approach: if the facility serves minors, apply the 1,000-foot buffer.

Need Compliance Guidance on This Legislation?

JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

Schedule a Consultation

Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Feb 14, 2025
Passed Senate
Apr 10, 2025
Passed House
May 7, 2025
Signed
May 21, 2025
Effective
Sep 1, 2025
TopicsBusiness & CommerceBusiness & Commerce--generalEducationEducation--primary & SecondaryEducation--primary & Secondary--facilitiesMinorsMinors--health & SafetyTobacco ProductsAdvertising
03

Senate Authors

Sen. Molly CookDemocrat · Primary Author
Coauthors (9)

House Sponsors

Rep. Charles CunninghamRepublican · Primary Sponsor
Joint Sponsors
Cosponsors (2)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

Explore more bills from this author and on related topics

More from Sen. Molly Cook

View all bills by Sen. Molly Cook

Related by Topic

View more Business & Commerce legislation
Quick Reference

Frequently Asked Questions

Common questions about SB1316

Q

What does Texas SB1316 do?

SB1316 extends existing tobacco zoning restrictions to electronic nicotine delivery systems, prohibiting outdoor e-cigarette advertising within 1,000 feet of a church or school. Crucially, there is no functional grandfather clause: the statutory exemption date of September 1, 1997, predates the e-cigarette industry, meaning all current exterior e-cigarette signage in these zones must be removed. Retailers, landlords, and outdoor advertisers must audit locations immediately to avoid criminal and civil penalties starting September 1, 2025.

Q

Who authored SB1316?

SB1316 was authored by Texas Senator Molly Cook during the Regular Session.

Q

When was SB1316 signed into law?

SB1316 was signed into law by Governor Greg Abbott on May 21, 2025.

Q

Which agencies enforce SB1316?

SB1316 is enforced by Local Law Enforcement and Texas Comptroller of Public Accounts.

Q

How significant are the changes in SB1316?

The regulatory priority for SB1316 is rated as "critical". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of SB1316?

The cost impact of SB1316 is estimated as "medium". This may vary based on industry and implementation requirements.

Q

What topics does SB1316 address?

SB1316 addresses topics including business & commerce, business & commerce--general, education, education--primary & secondary and education--primary & secondary--facilities.

Q

What are the key dates for SB1316?

Key dates for SB1316: Effective date is 2025-09-01. Consult with legal counsel regarding applicability.

Q

What are the penalties under SB1316?

SB1316 establishes the following penalties: Criminal/Administrative penalty of Subject to existing Chapter 161 penalties (typically Class C Misdemeanor or civil fines) for Displaying e-cigarette advertising within 1,000 feet of a church or school (measured from property line to street point). Consult with legal counsel for specific applicability to your situation.

Q

Which Texas businesses are affected by SB1316?

SB1316 primarily affects Texas businesses and commercial enterprises, healthcare providers and medical facilities. These businesses should review the legislation with their legal and compliance teams to understand potential impacts.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026