How a vape shop near a Houston-area school is following state law

Vape shop near Houston school tests Texas law

A Houston vape shop has been called into question for being near a Houston school, which violates a Texas law made official in 2025. FOX 26's Mekenna Earnhart spoke to officials about how the shop is avoiding violations of the law.

HOUSTON, Texas - A 24-hour vape shop sitting directly across from Spring Woods High School has become a focal point for a new Texas law aimed at shielding students from nicotine advertisements.

The business, Vape Buzz, operates just feet from the high school campus on Gessner Road. Under Senate Bill 1316, which took effect Sept. 1, 2025, e-cigarette advertisements are strictly prohibited within 1,000 feet of a school or church.

State Sen. Molly Cook, D-Houston, who authored the legislation, said the proximity of such shops to educational institutions is exactly why the law was created.

"The spirit of the bills that we passed were to prohibit any kind of advertising of e-cigarettes to young kids," Cook said. "Ultimately, if you're putting a vape shop or a smoke shop next to every elementary and high school across our state, you kind of have to question the motives, right?"

The 1,000-Foot Standard

Big picture view:

The law defines a massive "no-ad" zone around schools—nearly the height of the Empire State Building. 

While the distance is clear, the definition of what constitutes an "advertisement" has become a gray area for retailers.

At Vape Buzz, portions of the exterior signage have been blacked out with tape or markers, though the name "Vape Buzz" and a neon bumblebee logo remain visible.

"The definition of sign does get a little bit tricky in Texas law," Cook said. "Whether or not it's illegal for there to be a neon in the window of the smoke shop, unfortunately, may still be up for debate."

Compliance and Enforcement

What they're saying:

Despite the close quarters, local authorities say the shop is currently operating within the letter of the law. 

Following inquiries into the shop’s advertising, Spring Branch ISD police confirmed they have taken steps to ensure the business meets state standards.

"Spring Branch ISD Police Chief Baimbridge worked with the management of the shop to ensure the signage that violated the Texas Health and Safety code has been removed," the district said in a statement. "The vape shop is not violating the law even though it is near a school."

Michael Fortune, an employee at Vape Buzz, maintained that the shop is a responsible neighbor and strictly enforces age restrictions.

"We check IDs, so it shouldn't really matter in my opinion," Fortune said. "I haven't had a high schooler or anybody else come over here so far now. I see it no different than any other convenience store."

Future Legislation

What's next:

While the shop is currently in compliance, Cook indicated that the 90th Legislative Session in 2027 could see further efforts to tighten definitions, potentially targeting business names and neon logos that sit in a student's direct line of sight.

"We want to make sure that when kids walk out of school, they are not having some corporations sell them e-cigarettes," Cook said. "Children need to be kept safe from advertising."

For now, Spring Branch ISD police say they will continue to monitor the location to ensure any new signage remains within legal limits.