Texas Smoking Laws


Texas Smoking Laws
While Texas smoking laws are generally more relaxed than some other states like California and New York, there are still state restrictions on smoking and regulations that are important to know. Here are the main smoking laws highlighted by the Texas legislature:

Tobacco on School Grounds/School Activities

Found in the Education Code, Chapter 38, Section 38.006, the law regarding tobacco products on school grounds is clear; it is illegal to smoke on school property or at school functions off school property. It is also illegal for a student to possess tobacco.

Sales & Distribution to Minors

This law is found in the Health & Safety Code, Chapter 161, Sections 161.081-161.0901, and specifically states that selling to a minor is a punishable offense classified as a misdemeanor, including a fine of $500.


Advertising regulations for tobacco products in Texas is detailed in Health & Safety Code, Chapter 161, Sections 161.121-161.125. This law requires signage be at least 1000 feet away from churches and schools and levees a 10 percent fee to fund the state’s tobacco education and enforcement education fund.

Possession by a Minor/Awareness Class

Health & Safety Code, Chapter 161, Sections 161.251-161.257 details the ramifications for a minor caught possessing or using tobacco products. The offense is punishable by a fine of up to $250 and the offender and possibly their parent or guardian must attend a tobacco education class.

Youth Awareness Campaign

I an effort to curb youth smoking, Health & Safety Code, Chapter 161, Sections 161.301-161.302 was written. The law requires the development of a public awareness campaign to provide “educational information about tobacco use.”

Ingredients Disclosure

Health & Safety Code, Chapter 161, Sections 161.351-161.355 describes the Texas regulations regarding ingredients in tobacco products. Manufacturers must report to the state yearly the ingredients of their products and also the nicotine content.

Smoking in Public Places

Penal Code, Chapter 48, Sections 48.01-48.015 details where smokers are not allowed to light up. Smoking is prohibited in public schools, elevators, theaters, libraries, museums, hospitals, and public transportation systems such as busses, planes, or trains defined as a public place.

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Related Articles

Arizona Smoking Laws

Colorado Smoking Laws

Florida Smoking Laws

Smoking Laws in Michigan

Ohio Smoking Laws


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