1,000 Feet From the School Gate: SB 328 Moves Vape Shops Back

Walk out of the school gate. Count off 1,000 feet. A new bill in Austin says no vape shop gets to open its doors inside that line.

Plain English summary

On November 10, 2026, State Sen. Joan Huffman filed Senate Bill 328. (FACT, SB 328 bill history)

It adds Section 161.0877 to the Health and Safety Code. A retailer could not operate a store that sells vaping apparatuses or tobacco products within 1,000 feet of a school. (FACT, SB 328 introduced text, Sec. 161.0877(c))

"School" means a public or private primary or secondary school, or a preschool. (FACT, Sec. 161.0877(a)(1))

Here is the part that matters most. The rule only reaches a store that makes at least 50 percent of its gross sales on site from cigarettes, e-cigarettes, vaping apparatuses, and tobacco. (FACT, Sec. 161.0877(b))

That is the vape shop and the smoke shop. It is not the corner gas station that sells a pack of cigarettes next to the coffee.

The distance is measured in a straight line from the school's property line to the store's property line, straight across intersections. (FACT, Sec. 161.0877(f))

A store that breaks the rule faces a civil penalty of $500 to $2,000 for every day it keeps going. The Attorney General brings the case and can recover attorney's fees. The money goes to the state general revenue fund. (FACT, Sec. 161.0877(d), (e))

Stores already open before the law takes effect get to stay until September 1, 2029. (FACT, SB 328 Section 2)

The law would take effect September 1, 2027. (FACT, SB 328 Section 3)

Why it matters

Texas already decided a vape billboard does not belong near a school.

In 2025, the Legislature passed SB 1316. It says a sign advertising e-cigarettes cannot sit closer than 1,000 feet to a church or school. It passed the Senate 25 to 5 and the House 146 to 2, and took effect September 1, 2025. (FACT, SB 1316 enrolled text, SB 1316 bill history)

So the sign has to move. The store selling what the sign advertised does not.

That gap is what SB 328 is aimed at.

Lawmakers tried this last session too. SB 464 by Sen. Campbell went after the same kind of store near schools and made it a criminal offense. Its last recorded action was a House committee report sent to Calendars on May 24, 2025. (FACT, SB 464 (89R) bill history)

HB 1183 by Rep. Cunningham took another road. It would have let cities and counties make the call. It was referred to the House Intergovernmental Affairs committee in March 2025. (FACT, HB 1183 (89R) bill history)

San Antonio did not wait. Local reporting says the city banned new vape shops within 1,000 feet of schools and daycares in 2025. (DOCUMENTED INFERENCE, Texas Public Radio)

The receipt

• SB 328, 90th Legislature, filed 11/10/2026, Huffman. (FACT)
• 1,000 feet from any public school, private school, or preschool. (FACT)
• Only stores with 50 percent or more of sales from tobacco and vape products. (FACT)
• $500 to $2,000 per day. Attorney General enforces. (FACT)
• Existing stores grandfathered to September 1, 2029. (FACT)
• Effective September 1, 2027. (FACT)

What Ryan says

(RYAN STATEMENT) I am not here to run anybody's business for them. A grown man can buy what the law lets him buy.

But a store that lives off vapes does not need to set up where the bus lets out.

We already said the billboard has to move 1,000 feet. It makes no sense to let the shop it points to stay at the fence line.

I like that this bill is narrow. It goes after the store built on vape and tobacco sales. It leaves the gas station alone. It gives owners already open almost two years past the start date to plan.

I also want to see how it plays out here. East Texas towns are small. Some of our schools sit right on the main road. Lawmakers should show us how many shops this would actually touch before the vote, not after.

Protect the kids. Respect the owner. Show the map.

What this does not prove

It does not prove any shop near a school in East Texas has sold to a minor.

It does not prove this bill will pass. It was filed. That is all.

It does not say how many stores would have to move. The bill does not count them, and I have not seen anyone who has.

It does not ban vaping. Adults can still buy legal products from stores outside the line and from stores under the 50 percent mark.

What it does prove

It proves a sitting state senator filed a plain rule: no vape shop within 1,000 feet of a school, with real money behind it.

It proves the Legislature already drew the same 1,000 foot line for vape ads.

It proves the store-location fight has come back after it stalled last session.

The bottom line

The sign already had to move.

SB 328 asks whether the shop should move too.

Read the bill. It is short. Then watch where your senator and your state rep land on it before session starts.

Do not threaten anyone. Do not harass anyone. Do not contact anyone in my name. Read it. Share it. Send receipts, evidence, witnesses. Put eyes on the record.