Texas House Bill 1771 (2023), codified at Health and Safety Code section 161.0876, preempts cities and counties from restricting flavored tobacco, menthol cigarettes, or vape flavors. Harris County cannot ban flavored e-cigarettes or menthol products. Federal FDA rules still govern unauthorized flavored e-cigarettes.
Texas HB 1771 (2023) added Health and Safety Code 161.0876, expressly preempting local governments from regulating, restricting, or banning the sale, distribution, or marketing of tobacco products, e-cigarettes, or vapor products based on flavor characteristics. Harris County and its constituent cities cannot adopt menthol bans or flavored vape restrictions. Federal FDA enforcement still removes unauthorized flavored e-cigarette cartridges from the market under the Tobacco Control Act premarket review process; many fruit and dessert disposable vapes remain illegal under federal law even though state law allows their sale. The Texas Attorney General can sue noncompliant local governments. HCPH focuses on age compliance and licensing, not flavor enforcement.
Flavor regulation by Harris County is preempted, so the county cannot fine retailers for flavor sales. Federal FDA seizures of unauthorized flavored e-cigarette products carry civil penalties up to nineteen thousand dollars per violation under federal Tobacco Control Act enforcement.
Tomball, TX
Tomball regulates construction activity through its nuisance ordinance. Construction in residential areas is generally permitted Monday through Saturday duri...
Tomball, TX
Tomball regulates noise under Chapter 18, Article IV of its Code of Ordinances. In 2024, the city adopted Ordinance 2024-17 which deleted Section 18-192 (Max...
Tomball, TX
Tomball restricts the parking of large commercial vehicles in residential neighborhoods. Vehicles exceeding certain size and weight thresholds, including sem...
Tomball, TX
Tomball restricts parking and storage of recreational vehicles, boats, and trailers in residential areas. RVs and boats must be stored behind the front build...
Tomball, TX
Tomball requires vehicles to be parked on improved surfaces such as concrete or asphalt driveways. Parking on grass, dirt, or unimproved surfaces in front ya...
Tomball, TX
Tomball regulates on-street parking throughout the city. Vehicles may not be parked on public streets for more than 72 consecutive hours. Parking is prohibit...
Side-by-side rule comparisons with other cities in Harris County.
See how Tomball's flavored tobacco bans rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.