IPCPR Legislative | Restrictions in Texas

Restrictions in Texas

texas

Smoking, Age and Sampling Restrictions in Texas

Texas law prohibits smoking in a facility of a public primary or secondary school, elevator, enclosed theater or movie house, library, museum, hospital, transit system bus or intrastate bus, plane, or train, at a child-care center or on its premises, or at a school-related or school-sanctioned activity on or off school property.

 

Tex. Penal Code § 48.01: Smoking Tobacco
Tex. Educ. Code § 38.006: Tobacco on School Property
Tex. Admin. Code, Title 40, Part 19, Subchapter S, Division 1, § 746.3703(d)

 

 

Texas law contains no specific provisions concerning state preemption of local smoking restrictions, so cities may enact and enforce more stringent smoking restrictions.

 

Exemptions

Smoking is allowed in most public places and workplaces. A specific exception is made for a participant in an authorized theatrical performance.

 

Tex. Penal Code § 48.01: Smoking Tobacco

It is illegal for any person younger than 18 years of age to possess, purchase, consume, or accept a cigarette or tobacco product or to falsely represent himself or herself to be 18 years of age or older by displaying false or fraudulent proof of age. However, this prohibition does not apply if the individual under 18 years of age possessed the cigarette or tobacco product in the presence of an adult parent, a guardian, or a spouse of the individual; or an employer of the individual, if possession or receipt of the tobacco product is required in the performance of the employee’s duties as an employee.

 

Tex. Health & Safety Code § 161.252(a) and (b)

 

Similarly, it is illegal to sell, give, or cause to be sold or given a cigarette or tobacco product to someone who is younger than 18 years of age or to sell, give, or cause to be sold or given a cigarette or tobacco product to another person who intends to deliver it to someone who is younger than 18 years of age.

 

Tex. Health & Safety Code § 161.082

 

A person may not sell, give, or cause to be sold or given a cigarette or tobacco product to someone younger than 27 years of age unless the person to whom the product was sold or given presents an apparently valid proof of identification.

 

Tex. Health & Safety Code § 161.083

 

Retail sellers of cigarettes or tobacco products must post a conspicuous sign that states:

 

PURCHASING OR ATTEMPTING TO PURCHASE TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. SALE OR PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED. VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER’S OFFICE BY CALLING (insert toll-free telephone number). PREGNANT WOMEN SHOULD NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR WITH LOW BIRTH WEIGHT

 

Tex. Health & Safety Code § 161.084(b)

 

State law does not preempt a local regulation of the sale, distribution, or use of cigarettes or tobacco products or affect the authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the sale, distribution, or use of cigarettes or tobacco products if the regulation, ordinance, or requirement: is compatible with and equal to or more stringent than state requirements; or relates to an issue not specifically addressed by state law.

 

Tex. Health & Safety Code § 161.089

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/PublicHealthEducation/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Texas, it is illegal for a person to distribute to persons younger than 18 years of age a free sample of a cigarette or tobacco product; or a coupon or other item that the recipient may use to receive a free or discounted cigarette or tobacco product; or a sample cigarette or tobacco product.

 

Tex. Health & Safety Code § 161.087(a)

 

Staff reported that the tobacco products tax must be paid by manufacturers who distribute promotional or “gratis” tobacco products in Texas.

 

State law does not preempt a local regulation of the sale, distribution, or use of cigarettes or tobacco products or affect the authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the sale, distribution, or use of cigarettes or tobacco products if the regulation, ordinance, or requirement: is compatible with and equal to or more stringent than state requirements; or relates to an issue not specifically addressed by state law.

 

Tex. Health & Safety Code § 161.089

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