Tex. Health & Safety Code § 161.081 · Subchapter H. DISTRIBUTION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS
DEFINITIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
In this subchapter:
(1) "Cigarette" has the meaning assigned by Section 154.001, Tax Code.
(1-a) (A) "E-cigarette" means:
(i) an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or
(ii) a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this subdivision, regardless of whether the liquid solution or material contains nicotine.
(B) The term "e-cigarette" does not include a prescription medical device, prescription medication, or other prescribed substance unrelated to the cessation of smoking.
(C) The term "e-cigarette" includes:
(i) a device described by this subdivision regardless of whether the device is manufactured, distributed, or sold as an e-cigarette, e-cigar, or e-pipe or under another product name or description; and
(ii) a component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device.
(1-b) "Minor" means a person under 21 years of age.
(2) "Permit holder" has the meaning assigned by Section 147.0001 of this code or Section 154.001 or 155.001, Tax Code, as applicable.
(3) "Retail sale" means a transfer of possession from a retailer to a consumer in connection with a purchase, sale, or exchange for value of cigarettes, e-cigarettes, or tobacco products.
(4) "Retailer" means a person who engages in the practice of selling cigarettes, e-cigarettes, or tobacco products to consumers and includes the owner of a coin-operated cigarette, e-cigarette, or tobacco product vending machine. The term includes a retailer as defined by Section 154.001 or 155.001, Tax Code, and an e-cigarette retailer as defined by Section 147.0001 of this code, as applicable.
(5) "Tobacco product" has the meaning assigned by Section 155.001, Tax Code.
(6) "Wholesaler" has the meaning assigned by Section 154.001 or 155.001, Tax Code, as applicable.
Notes and commentary — not statutory text
History
Amended by Acts 1997, 75th Leg., ch. 671, Sec. 1.01, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 2, eff. October 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 2, eff. September 1, 2021.
Acts 2025, 89th Leg., R.S., Ch. 1150 (S.B. 2024), Sec. 1, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/HS/htm/HS.161.htm
- Text hash
- sha256 6446c3529f259faf17144133cd6e1914f72982af1c589dc0e510e654dc705809
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
Cited by 13 provisions
Provisions in this library whose text cites Tex. Health & Safety Code § 161.081. Each shows the citation as that text prints it.
Education Code
- Tex. Educ. Code § 37.001STUDENT CODE OF CONDUCT.Printed as Section 161.081, Health and Safety Code
- Tex. Educ. Code § 37.006REMOVAL FOR CERTAIN CONDUCT.Printed as Section 161.081, Health and Safety Code
- Tex. Educ. Code § 38.006E-CIGARETTES AND TOBACCO PRODUCTS ON SCHOOL PROPERTY.Printed as Section 161.081, Health and Safety Code
Health and Safety Code
- Tex. Health & Safety Code § 147.0001DEFINITIONS.Printed as Section 161.081
- Tex. Health & Safety Code § 161.0876PROHIBITED E-CIGARETTE PRODUCTS.Printed as Section 161.081
- Tex. Health & Safety Code § 161.121DEFINITIONS.Printed as Section 161.081
- Tex. Health & Safety Code § 161.124PROHIBITED IMAGES AND SIGNAGE; CRIMINAL OFFENSE.Printed as Section 161.081
- Tex. Health & Safety Code § 161.251DEFINITIONS.Printed as Section 161.081
- Tex. Health & Safety Code § 161.301TOBACCO AND E-CIGARETTE USE PUBLIC AWARENESS CAMPAIGN.Printed as Section 161.081
- Tex. Health & Safety Code § 161.302GRANT PROGRAM FOR YOUTH GROUPS.Printed as Section 161.081
- Tex. Health & Safety Code § 161.451DEFINITIONS.Printed as Section 161.081
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.