Tobacco & Vaping in Austin, TX (2026)
3 verified tobacco & vaping rules for Austin, Texas, sourced directly from the municipal code and official government pages.
Verified from official government sources
Vape Retail Rules
Texas Comptroller licenses tobacco and e-cigarette retailers statewide under Tax Code Chapter 154 and 155. Austin City Code Chapter 7 adds local age-of-sale enforcement and inspections for cigarette and e-cigarette dealers.
Austin Tobacco and E-Cigarette Retail Licensing
Some RestrictionsTex. Health & Safety Code Sec. 161.087
Sec. 161.087. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS. (a) A person may not distribute: (1) a free sample of a cigarette, e-cigarette, or tobacco product; or (2) a coupon or other item that the recipient may use to receive a free cigarette, e-cigarette, or tobacco product or a sample cigarette, e-cigarette, or tobacco product. (a-1) A person may not distribute to persons y...
Tobacco Age Restrictions
Austin enforces the federal Tobacco 21 minimum age and Texas SB 21 (2019), prohibiting tobacco and vape sales to anyone under 21. While Austin Public Health runs robust tobacco-prevention programs, Texas state law preempts local flavor bans and retailer licensing. Smoking is separately banned in public places under Austin City Code Chapter 10-6.
Austin Tobacco Sales – Federal and State Age 21
Some RestrictionsTexas Health and Safety Code Sec. 161.082 (Sale of Cigarettes, E-Cigarettes, or Tobacco Products to Persons Younger Than 21)
Sec. 161.082. SALE OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 21 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED. (a) A person commits an offense if the person, with criminal negligence: (1) sells, gives, or causes to be sold or given a cigarette, e-cigarette, or tobacco product to someone who is younger than 21 years of age; or (2) sells, gives, or causes to be sol...
Flavored Tobacco Bans
Texas House Bill 1771 and Health and Safety Code provisions preempt cities from banning the sale of flavored tobacco or e-cigarette products. Austin cannot adopt menthol or flavored vape prohibitions enacted in some other states.
Texas HB 1771 Preempts Local Flavored Tobacco Bans
Few RestrictionsLooking for Travis County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Austin city rules.
Tobacco & Vaping in Travis County →