Houston Code Chapter 21, Article IX bans vape and electronic smoking device use everywhere traditional smoking is prohibited. The expansion was adopted March 30, 2022. Tex. Health & Safety Code § 161.089 preempts the under-21 sales age, but indoor use and zoning remain local.
Houston Code Chapter 21, Article IX prohibits smoking and use of electronic smoking devices in enclosed public places and workplaces, within 25 feet of entrances and operable windows, at outdoor seating of public spectator events, and covered transit stops. The March 30, 2022 amendment expanded the 2007 ordinance to cover e-cigarettes, e-cigars, e-pipes, e-hookah, and any vaping device using aerosol, liquid, or vapor. Exemptions include private residences (unless childcare or healthcare) and retail tobacco stores. Tex. Health & Safety Code § 161.089 preempts the minimum sales age (21 statewide), so Houston has no city tobacco/vape retailer license, but it regulates indoor use and location.
Violations of Houston Code Chapter 21, Article IX are Class C misdemeanors punishable by a fine of up to $500 per occurrence. The Houston Health Department investigates complaints and cites both users and operators who knowingly permit prohibited use.
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