Texas

No statewide flavor ban

Snapshot for general information only — not legal advice. Statewide regulatory detail below is drawn primarily from the Public Health Law Center 50-state review (as of June 15, 2025). Flavor categories and local highlights also use Truth Initiative (Q1 2026), CTFK (May 2026), Tax Foundation (2026), and the PHLC flavored-tobacco chart (June 2026). Always check current statutes.

Flavor / sales restrictions (statewide)

No statewide flavor ban on e-cigarettes. Check city and county rules, since some localities have their own bans.

Local city / county rules

No major local restrictions found in sources reviewed.

Tax

Map summary: No vape excise tax

N/A

Youth access / retail restrictions

Sale/distribution of e-cigarettes and distribution/redemption of coupons for e-cigarettes to persons under age 21 is prohibited (unless purchaser is at least 18 and has U.S. or state military ID card).

Tex. Health & Safety Code Ann. §§ 161.082; 161.087 (2025)

Purchase/possession/use of e-cigarettes by persons under age 21 years prohibited unless at least 18 with a U.S. or state military ID card.

Tex. Health & Safety Code Ann. § 161.252 (2025)

Self-service/vending sales of e-cigarettes restricted to locations inaccessible to persons under age 21.

Tex. Health & Safety Code Ann. § 161.086 (2025)

Retailers of e-cigarette delivery sales must register with the state, verify, at time of purchase and at delivery, that the purchaser is over 21 years of age, include a notice about the prohibition on selling e-cigarettes to minors, and file certain information about the purchaser with the comptroller.

Tex. Health & Safety Code Ann. § 161.452(c) (2025)

E-cigarette products may not be marketed or advertised using cartoon-like characters aimed at entertaining minors, imitating products, or including symbols primarily marketed to minors, or using celebrity images or images resembling food products.

Tex. Health & Safety Code Ann. § 161.0876 (2025)

Retail license

Yes.

Tex. Health & Safety Code Ann. §§ 147.0051(a), 161.456 (2025) (delivery sales registration)

Packaging

Liquid nicotine sold as an accessory for an e-cigarette must be sold in a child-resistant container unless prefilled and sealed by the manufacturer and not intended to be opened by a consumer.

Tex. Health & Safety Code Ann. § 161.0875 (2025)

Delivery / online sales

Smoke-free / indoor use

Use of e-cigarettes restricted to designated areas in schools, elevators, enclosed theaters, libraries, museums, hospitals, certain buses, planes and trains.

Tex. Penal Code Ann. § 48.01(a-1), (d) (2025)

School trustees must prohibit e-cigarette use and student possession of e-cigarettes at “a school-related or school-sanctioned activity on or off school property.”

Tex. Educ. Code Ann. § 38.006(b) (2025)

Use of e-cigarettes or vapor products is prohibited at school, and before/after-school programs, including the premises, playground, transportation vehicles, and during field trips.

40 Tex. Admin. Code § 744.2603(d) (2025)

Use of vapor products is prohibited inside Department of Criminal Justice facilities, but permitted in designated outdoor areas.

37 Tex. Admin. Code § 151.25(d) (2025)

Use of e-cigarettes prohibited at childcare homes and centers, including playgrounds, vehicles, and during off-site field trips.

40 Tex. Admin. Code §§ 746.3703(d), 747.3503(d) (2025)

E-cigarette use in residential child care facilities and in vehicles transporting children prohibited.

40 Tex. Admin. Code § 748.1661 (2025)

Use of electronic cigarettes prohibited in licensed pediatric extended care transportation vehicles.

26 Tex. Admin. Code § 550.1102(d)(3) (2025)

In foster homes, adults must use e-cigarettes outside, and may not use e-cigarettes when transporting children by car.

26 Tex. Admin. Code. § 749.2931 (2025)

Definition notes

Included in a “tobacco product” definition in at least one statute?

No.

How the jurisdiction defines e-cigarettes / related terms (excerpts):

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 [above, including a product sold as] an e-cigarette, e-cigar, or e-pipe or under another product name or description [and including any] component, part, or accessory for the device [whether or not] sold separately . . .”

Tex. Health & Safety Code Ann. § 161.081(1-a) (2025)

Vapor products means “electronic cigarettes (e-cigarettes) or any other device that uses a mechanical heating element, battery, or electronic circuit to deliver vapor that may include nicotine to the individual inhaling from the device, or any substance used to fill or refill the device.”

37 Tex. Admin. Code § 151.25(a)(8) (2025)

E-cigarette product includes “any substance containing nicotine from any source that is intended for use in an e-cigarette.”

Tex, Health & Safety Code Ann. § 161.0876 (2025)

Links

Public Health Law Center — Texas 50-state review PHLC flavored tobacco sales chart (June 2026) Truth Initiative Q1 2026 CTFK localities fact sheet Tax Foundation vaping taxes FDA Tobacco 21

Page generated for the US Vape Laws Map project. Regulatory text excerpts © source publishers; compiled October 2026. Not legal advice. Federal rules also apply: 21+ sales age; ID checks under 30; only FDA-authorized e-cigarettes may lawfully be sold; USPS generally will not mail vapes.