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Brownsville commissioners approve new minimum distances for e‑cigarette retailers, add straight‑line and product language
Summary
On first reading Feb. 18 the Brownsville City Commission approved a text amendment to the Unified Development Code that sets minimum distance requirements for e‑cigarette and vaping retailers from schools and other institutions, with amendments to measurement method and product definitions requested by commissioners and community members.
Brownsville commissioners approved on first reading a Unified Development Code amendment establishing minimum distance requirements between retailers that primarily sell electronic cigarettes and sensitive uses such as schools, day cares, churches and hospitals.
The ordinance, presented by the city’s legal staff, creates a 300‑foot baseline buffer measured in a straight line and allows a school or governing board to request an increased buffer up to 1,000 feet. The commission accepted amendments on the floor to require straight‑line measurement, to add non‑vape products that mimic candy (“gummies”) into the restricted product set, and to clarify that the rule applies to new retail uses; existing retailers would be grandfathered.
City legal counsel told the commission the changes are modeled on similar local and state distance rules, and that the draft uses established definitions from state health and safety code. "There are 21 vape shops within the city limits," the presenter said while showing maps of existing retailers and schools. The Planning and Zoning Commission recommended approval.
Parents and school officials urged the commission to adopt the measure. Jessica Gonzales, a Brownsville ISD school board member, told the commission: "Vaping is the number one issue at the district right now. That is above anything and everything else." A parent who identified herself as Aileen Kent Rodriguez described discovering vape advertising near Garcia Middle School and said parents had collected signatures and sought the city's help.
Several commissioners raised technical questions about measurement and anti‑competitive effects if minimum‑distance rules were applied between retailers. One commissioner cautioned against placing distance limits between vape shops themselves, saying that could be viewed as anti‑competitive. The commission adjusted the ordinance language to use direct (straight‑line) measurement from property line to property line for schools and door‑to‑door for religious assemblies and hospitals.
After amendments were proposed, the commission voted to approve first reading with the modifications, and directed staff to track pending state legislation that could affect local rules.
The ordinance now returns to staff for final drafting and will come back for second reading with the commission’s amendments incorporated.
Ending with next steps, commissioners asked staff to bring back related public‑space vaping restrictions and to coordinate with Brownsville ISD on enforcement and outreach.
