Tex.
Health & Safety Code Section 161.0815
Nonapplicability
(1)
approved by the United States Food and Drug Administration for use in the treatment of nicotine or smoking addiction; and(2)
labeled with a “Drug Facts” panel in accordance with regulations of the United States Food and Drug Administration.(1)
sells, gives, or causes to be sold or given a cigarette, e-cigarette, or tobacco product to someone who is younger than 21 years of age; or(2)
sells, gives, or causes to be sold or given a cigarette, e-cigarette, or tobacco product to another person who intends to deliver it to someone who is younger than 21 years of age.(b)
If an offense under this section occurs in connection with a sale by an employee of the owner of a store in which cigarettes, e-cigarettes, or tobacco products are sold at retail, the employee is criminally responsible for the offense and is subject to prosecution.(c)
An offense under this section is a Class C misdemeanor.(d)
It is a defense to prosecution under Subsection (a)(1) that the person to whom the cigarette, e-cigarette, or tobacco product was sold or given presented to the defendant apparently valid proof of identification.(e)
A proof of identification satisfies the requirements of Subsection (d) if it contains a physical description and photograph consistent with the person’s appearance, purports to establish that the person is 21 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver’s license issued by this state or another state, a passport, or an identification card issued by a state or the federal government.(f)
It is an exception to the application of Subsection (a)(1) that the person to whom the cigarette, e-cigarette, or tobacco product was sold:(1)
is at least 18 years of age; and(2)
presented at the time of purchase a valid military identification card of the United States military forces or the state military forces.
Source:
Section 161.0815 — Nonapplicability, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.161.htm#161.0815 (accessed Jun. 5, 2024).
