Houston, TX Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Code section
- Houston Ch. 21
- Adopted
- 2007 Smoke-Free Air Ordinance
- Entrance buffer
- 25 feet from doors
- E-cigarettes
- Covered since 2017
- Parks and patios
- Smoking generally banned
Summary
The 2007 Houston Smoke-Free Air Ordinance, codified at Code of Ordinances Chapter 21, bans smoking in restaurants, bars, workplaces, sports venues, and within 25 feet of building entrances. Public parks and library plazas are also covered. E-cigarettes were added by 2017 amendment.
Sec. 161.081. DEFINITIONS. In this subchapter:(1) "Cigarette" has the meaning assigned by Section 154.001, Tax Code.(1-a) (A) "E-cigarette" means:(i) an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or(ii) a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this subdivision, regardless of whether the liquid solution or material contains nicotine.(B) The term "e-cigarette" does not include a prescription medical device, prescription medication, or other prescribed substance unrelated to the cessation of smoking.
Full Breakdown
Houston City Council adopted the Smoke-Free Air Ordinance in 2007, codified in Chapter 21. The ordinance bans smoking inside virtually every enclosed public place and workplace, including restaurants, bars, retail stores, hotel lobbies, sports venues, bingo halls, and bowling alleys. Outdoor smoking is banned within 25 feet of entrances, exits, operable windows, and ventilation intakes of enclosed public places, on outdoor restaurant patios except for designated areas, in public parks and on library plazas, and at city-owned outdoor venues. A 2017 amendment expanded the rule to include e-cigarettes and vaping. Operators must post signage, ensure compliance by patrons, and remove ashtrays. Houston Health Department investigates complaints and issues citations.
Violations & Fines
Individual smokers face Class C misdemeanors up to $500 per offense. Property operators face civil penalties up to $2,000 per day and license review. Repeat operator violations can support permit revocation by the Health Department.
Frequently Asked Questions
Can I smoke on a Houston restaurant patio?
Are vapes treated the same as cigarettes in Houston?
Sources & Official References
Other rules in Houston
Texas rules heatmap·Compare Houston to another location·View the Texas public conduct overview
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in Harris County handle outdoor smoking restrictions.