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+. Under HSC 161.083, retailers may not sell to anyone younger than 30 who does not present valid photo identification, and stores must post required signage. Selling to a person under 21 is a Class C misdemeanor under 161.082, while 161.252 separately fines persons under 21 who possess or purchase tobacco. The statewide age 21 floor sets a uniform minimum, and federal law also requires age 21.
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.
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