Texas tobacco and nicotine laws

What it would do: Creates a criminal offense for a retailer operating a retail establishment selling cigarettes, e-cigarettes, vaping apparatuses, or tobacco products within 1,000 feet of a public or private primary or secondary school, classified as a Class A misdemeanor.

What it would do: Prohibits selling, giving, or providing hookahs to individuals under 21 years of age, making violation a Class C misdemeanor. Requires checking apparently valid government-issued photo identification for anyone under 30 years of age purchasing hookahs.

What it would do: Expands prohibited e-cigarette container depictions, requires e-cigarette distributors to register with the comptroller, establishes a directory of FDA-authorized e-cigarettes maintained by the comptroller, and imposes civil and criminal penalties for selling non-listed e-cigarettes.

What it would do: Amends the definition of 'e-cigarette product' under Texas Health and Safety Code Section 161.0876(a) to include any substance intended for use in an e-cigarette, regardless of whether it contains nicotine, effective September 1, 2025.

What it would do: Prohibits selling, giving, or providing hookahs to individuals under 21 years of age as a Class C misdemeanor, with a defense for apparently valid government-issued photo identification. Requires checking identification for individuals under 30 years of age.

What it would do: Prohibits selling, giving, or providing hookahs to individuals under 21 years of age, making violation a Class C misdemeanor, and requires checking apparently valid government-issued photo identification for anyone under 30 years of age. Effective January 1, 2026.

What it would do: Requires e-cigarette manufacturers to annually certify compliance and submit $2,500 fees to the Texas comptroller, who maintains a public directory of approved products. Prohibits retail sales of e-cigarettes not listed in the directory and imposes civil penalties, administrative sanctions, and criminal penalties for violations.

What it would do: Amends Health and Safety Code Section 161.0876(b) to prohibit marketing, advertising, or selling e-cigarette products in containers with cartoon characters, celebrity images, or food-like images; in disguised shapes mimicking school supplies, electronics, or toys; or manufactured in China. Creates a criminal offense for violations.

What it would do: Expands the definition of tobacco product subject to the cigars and tobacco products tax to include articles containing nicotine or synthetic nicotine intended for human consumption, and adds a new category for non-tobacco products containing nicotine intended for oral consumption by means other than inhalation.

What it would do: Redefines cigarettes to include rolls of tobacco, herbs, or hemp wrapped in paper or other non-tobacco substances, and expands tobacco products to include any nicotine-containing product, including synthetically derived nicotine, intended for human consumption.

What it would do: Prohibits employees or owners of smoke shops from allowing minors to enter the premises unless accompanied by an adult parent or guardian, and creates a misdemeanor offense punishable by a fine not exceeding $500 for knowing violations.

What it would do: Authorizes county commissioners courts and municipal governing bodies to prohibit cigarette, e-cigarette, and tobacco product sales within 300 feet of churches, hospitals, or schools, or 1,000 feet of schools upon request, except for establishments where such sales comprise less than 50 percent of gross receipts.

What it would do: Prohibits retailers deriving at least 50 percent of gross receipts from cigarettes, e-cigarettes, or tobacco products from operating within one mile of a public primary or secondary school campus, effective March 1, 2026, with civil penalties up to $5,000 enforceable by the attorney general.

What it would do: Authorizes county commissioners courts and municipal governing bodies to prohibit e-cigarette retailers from operating within 1,000 feet of public primary or secondary school campuses, except for retailers whose e-cigarette sales represent less than 50 percent of total gross receipts.

What it would do: Adds e-cigarettes as defined in Health and Safety Code Section 161.081 to the definition of tobacco products subject to the cigars and tobacco products tax, and treats unpackaged tobacco products as packages for tax purposes.

What it would do: Authorizes county commissioners courts and municipal governing bodies to prohibit e-cigarette retailers from operating within 300 feet of any school campus, or 1,000 feet of public or private school campuses upon request, except for retailers whose e-cigarette sales represent less than 50 percent of gross receipts.

What it would do: Prohibits the sale or transfer of flavored cigarettes, e-cigarettes, and tobacco products with distinguishable tastes or aromas other than tobacco, including menthol, fruit, candy, mint, and other specified flavors. Violations are subject to disciplinary action under existing enforcement provisions.