Texas Health and Safety Code Chapter 161 sets the minimum age for purchasing or possessing tobacco and e-cigarette products at 21 statewide, aligned with federal Tobacco 21. Active military members 18 and older are exempt. The standard applies uniformly across all Texas municipalities.
SB 21 (2019), codified in Health and Safety Code 161.082, raised the minimum legal sales age for cigarettes, e-cigarettes, and tobacco products from 18 to 21 effective September 1, 2019, with an exemption for individuals born on or before August 31, 2001 and active duty military 18+. Retailers must verify ID for purchasers under 30 and post required signage. Penalties apply to retailers and clerks for furnishing to minors. While Texas has not expressly preempted local tobacco age laws, the statewide age 21 floor sets a uniform minimum, and federal law also requires age 21. Distribution to minors is criminalized under HSC 161.252.
Furnishing tobacco to a person under 21 is a Class C misdemeanor; retailer permit suspensions and fines under HSC 161.0901 escalate with repeat violations.
See how Houston's tobacco age restrictions rules stack up against other locations.
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