SB1316

Regular Session

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

CriticalImmediate action required

Medium Cost

Effective:2025-09-01

Enforcing Agencies

Local Law Enforcement • Texas Comptroller of Public Accounts

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.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsBusiness & Commerce Business & Commerce--general Education Education--primary & Secondary Education--primary & Secondary--facilities Minors Minors--health & Safety Tobacco Products Advertising

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

Senate Research Center	S.B. 1316
89R5069 MCF-F	By: Cook
	State Affairs
	3/28/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Throughout Texas, communities are seeing smoke shops and e-cigarette retailers operating dangerously close to schools and religious structures. Consequently, predatory advertising near these sensitive locations lures minors to purchase and use e-cigarettes, including vapes, that are proven to be harmful to minors. Criminalizing the advertisement of e-cigarettes within 1,000 feet of educational institutions and churches is an effective deterrent.

Texas law prohibits the advertisement of cigarettes and other tobacco products within 1,000 feet of a church or school. However, the same advertisement restrictions do not apply to e-cigarettes, vapes, and e-pens, which are increasing in popularity among minors.

S.B. 1316 would prohibit a sign containing an advertisement for e-cigarettes within 1,000 feet of a church or school, which is in line with prohibitions on cigarette and tobacco advertisements.

As proposed, S.B. 1316 amends current law relating to a prohibition on e-cigarette advertising in certain locations.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.� Amends the heading to Subchapter K, Chapter 161, Health and Safety Code, to read as follows:

SUBCHAPTER K.� PROHIBITION OF CERTAIN CIGARETTE, E-CIGARETTE, OR TOBACCO PRODUCT ADVERTISING; FEE

SECTION 2. Amends Section 161.121, Health and Safety Code, by adding Subdivision (2-a) to define "e-cigarette."

SECTION 3. Amends Sections 161.122(a), (b), and (e), Health and Safety Code, as follows:

(a) Prohibits a sign containing an advertisement for certain products, including e-cigarettes, except as provided by Section 161.122 (Prohibition Relating to Certain Signs; Exceptions), from being located closer than 1,000 feet to a church or school.

(b)-(e) Makes conforming changes to these subsections.

SECTION 4.� Effective date: September 1, 2025.

Senate Authors

Sen. Molly CookDemocrat · Primary Author

Coauthors (9)

House Sponsors

Rep. Charles CunninghamRepublican · Primary Sponsor

Joint Sponsors

Cosponsors (2)

Bill Text(with markup)

S.B. No. 1316

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to a prohibition on e-cigarette advertising in certain
	locations.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The heading to Subchapter K, Chapter 161, Health
	and Safety Code, is amended to read as follows:
	SUBCHAPTER K. PROHIBITION OF CERTAIN CIGARETTE, E-CIGARETTE, OR
	TOBACCO PRODUCT ADVERTISING; FEE
	SECTION 2. Section 161.121, Health and Safety Code, is
	amended by adding Subdivision (2-a) to read as follows:
	(2-a) "E-cigarette" has the meaning assigned by
	Section 161.081.
	SECTION 3. Sections 161.122(a), (b), and (e), Health and
	Safety Code, are amended to read as follows:
	(a) Except as provided by this section, a sign containing an
	advertisement for cigarettes, e-cigarettes, or tobacco products
	may not be located closer than 1,000 feet to a church or school.
	(b) The measurement of the distance between the sign
	containing an advertisement for cigarettes, e-cigarettes, or
	tobacco products and an institution listed in Subsection (a) is
	from the nearest property line of the institution to a point on a
	street or highway closest to the sign, along street lines and in
	direct lines across intersections.
	(e) Subsection (a) does not apply to a sign containing an
	advertisement for cigarettes, e-cigarettes, or tobacco products
	that, before September 1, 1997, was located closer than 1,000 feet
	to a church or school but that was not located closer than 500 feet
	to the church or school.
	SECTION 4. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


March 29, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB1316 by Cook (Relating to a prohibition on e-cigarette advertising in certain locations.), As Introduced

No significant fiscal implication to the State is anticipated.

The bill would prohibit signs advertising e-cigarettes within 1,000 feet of a church or school.

No significant fiscal impact to the state court system is anticipated.

It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.

Local Government Impact

No fiscal implication to units of local government is anticipated.

It is assumed that any fiscal impact to units of local government associated with enforcement, prosecution, supervision, or confinement would not be significant.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts

LBB Staff:

JMc, WP, SD, BRI, NPe

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Frequently Asked Questions

Common questions about SB1316

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.

Who authored SB1316?

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

When was SB1316 signed into law?

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

Which agencies enforce SB1316?

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

How urgent is compliance with SB1316?

The compliance urgency for SB1316 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

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.

What topics does SB1316 address?

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

Legislative data provided by LegiScanLast updated: November 25, 2025

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