the state of
Texas
State Legislative Info
GOVERNOR
Greg Abbott
Office of the Governor
P.O. Box 12428
Austin, TX 78711-2428
Phone: (512) 463-2000
THE SENATE
Secretary of the Senate
Patsy Spaw
Room 2E.22
Texas State Capitol
1200 Congress Ave
Austin, TX 78701
Phone: (512) 463-0100
Fax: (512) 463-6034
THE house
Chief Clerk of the House
Robert Haney
State Capitol Room
2W.29
Austin, TX 78701
Phone: (512) 463-0845
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Texas CALLS TO ACTION
No Calls to Action?
January 1, 2016
If you’re seeing this post it means that CASAA hasn’t issued any Calls to Action for your state, or that
Texas LAWS & TAXES
laws
- Sale or distribution of vapor products to persons under the age of 21 years old is prohibited, exempts adults serving in the armed forces and those born before August 31, 2001.1
- Purchase or possession of vapor products by persons under age of 21 years old is prohibited, unless possession occurs in the presence of “adult parent,” guardian or spouse, exempts adults serving in the armed forces and those born before August 31, 2001.2
- The Texas Clean Air Act has not been amended to include vaping.
The following municipalities have ordinances that prohibit vaping where smoking is prohibited (some exclude bars and restaurants): Alamo, Anthony, Atlanta (including in parks), Austin, Bedford, Beeville, Boerne, Bonham, Brookshire, Bryan, Burkburnett, Combes, Coppell, Del Rio, Denison, Denton, Desoto, Donna, Edcouch, Edinburg, El Cenizo, El Paso, Elsa, Escobares, Falfurrias, Fort Worth, Frisco, Garland, Harlingen, Henderson, Hidalgo, Highland Village, Hunstville, Joshua, La Grulla, La Joya, La Villa, Laguna Vista, Lancaster, Little Elm, Lufkin, Lyford, McAllen, Mercedes, Mission, Missouri City, Mont Belvieu, Nacogdoches, New Braunfels, Nolanville, Palmhurst, Palmview, Penitas, Pharr, Port Arthur, Port Isabel, Port Lavaca, Prairie View, Progreso, Raymondville, Red Oak, Rio Grande City, Rio Hondo, Robinson, Round Rock, San Angelo, San Benito, San Elizario, San Juan, San Marcos, San Perlita, Santa Rosa, Seagoville, Sherman, Socorro, Sugarland, Sullivan City, Tyler, Universal City, Waco, Waxahachie, Weatherford, Weslaco and Wichita Falls. - The use of vapor products is restricted to designated areas in schools, elevators, enclosed theaters, libraries, museums, hospitals, certain buses, planes and trains.4
- Schools must prohibit the use and student possession of vapor products at “a school-related or school-sanctioned activity on or off school property.”5
- The use of vapor products is prohibited at school, and before/after-school programs, including the premises, playground, transportation vehicles, and during field trips.6
- The use of vapor products is prohibited inside Department of Criminal Justice facilities, but permitted in designated outdoor areas.7
- The use of vapor products is prohibited at childcare centers, including playgrounds, vehicles, and during off-site field trips.8
- The use of vapor products in residential child care facilities and foster homes prohibited.9
- The use of vapor products is prohibited in licensed pediatric extended care transportation vehicles.10
- eLiquid sold as an accessory for an e-cigarette must be sold in a child-resistant container unless prefilled and sealed by the manufacturer and not intended to be opened by a consumer.11
- Retailers who ship vapor products must register with the state, verify, at time of purchase and at delivery, that the purchaser is over 21 years of age, include a notice about the prohibition on selling e-cigarettes to minors, and file certain information about the purchaser with the comptroller. This requirement could cause many out-of-state online retailers to refuse to ship to the state.13
Tobacco/Vapor 21 Law: Federal law passed December 20, 2019 prohibits sales of all tobacco and vapor products to anyone under the age of 21 years old. FDA stated law became effective on that date. States may choose to continue with current age law at the risk of losing federal funding.
Texas already bans the sale of tobacco and vapor products to minors and adults under the age of 21 years old, exempts adults serving in the armed forces and those born before August 31, 2001.
Flavor Bans: Federal law prohibits the sale of closed system devices (pods, cartridges) containing e-liquid in flavors other than tobacco or menthol.
taxes
- Tobacco, snuff are subject to a state excise tax of $1.22 / ounce12
- Vapor products do not have an additional state excise tax.
- UPI – Texas joins 14 states in raising minimum tobacco sales age to 21
- Texas Health and Safety Code Title 2 Chapter 161 Subchapter A Section 161.0001
- Wikipedia – List of vaping bans in the United States
- Texas Penal Code Title 10 Chapter 48 Section 48.01
- Texas Education Code Title 2 Chapter 28 Section 38.001
- Texas Administrative Code
- Texas Administrative Code Title 37 Part 6 Chapter 151
- Texas Administrative Code
- Texas Administrative Code
- Texas Administrative Code
- Texas Health and Tafety Code Title 2 Subtitle H chapter 161 Section 161.0001
- Sales Tax Handbook
- Texas SB 21
Updated February 2023
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