PREEMPTION OF LOCAL LAW.
Tex. HEALTH & SAFETY Code § 161.089.
in effect(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.
Added by Acts 1997, 75th Leg., ch. 671, Sec. 1.01, eff. Sept. 1, 1997.