The Texas Comptroller of Public Accounts issues all cigarette, e-cigarette, and tobacco retailer permits under Texas Health and Safety Code Chapter 161 and Tax Code Chapter 154. Harris County has no separate tobacco retail license and Texas preempts local age, flavor, and density restrictions on tobacco sales.
Every Harris County retailer selling cigarettes, cigars, smokeless tobacco, or e-cigarettes must hold a state retailer permit issued by the Texas Comptroller, posted at each location and renewed every two years. Texas raised the legal sale age to 21 statewide effective September 1, 2019, with a military exemption. Texas Health and Safety Code Section 161.0876 expressly preempts local ordinances setting different ages, flavor bans, density caps, or licensing fees. Harris County Public Health partners with Comptroller and DSHS on retailer compliance checks of underage sales but does not issue or revoke permits. The Sheriff and constables enforce sales-to-minors offenses under Section 161.082.
Selling tobacco or vapor without a Comptroller permit is a Class A misdemeanor and exposes the business to permit suspension, $1,000 daily civil penalty, and seizure of inventory under Tax Code Chapter 154.
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Side-by-side rule comparisons with other cities in Harris County.
See how La Porte's tobacco retail license rules stack up against other locations.
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