Texas Requires a State Permit to Sell E-Cigarettes

Health and Safety Code Section 147.0051 bars any person from engaging in business as an e-cigarette retailer in Texas without a permit from the Comptroller, and a separate permit is required for every store or vehicle used to sell. Permits expire the last day of May of each even-numbered year; the fee equals the Tax Code Section 154.111(b) retailer fee, halved for a business already holding a cigarette or tobacco permit at that location. The Comptroller may not permit a residence or public storage unit, and may revoke or summarily suspend a permit for violations. The permit must stay on public display at the licensed location.

Selling e-cigarettes without a permit carries a civil penalty of up to $2,000 per violation, with each day a separate violation, recovered by the Attorney General; acting as an unpermitted retailer is also a Class A misdemeanor.