Section 161.082 - Sale of Cigarettes, E-Cigarettes, or Tobacco Products to Persons Younger Than 21 Years of Age Prohibited; Proof of Age Required(a) A person commits an offense if the person, with criminal negligence: (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.Tex. Health and Safety Code § 161.082
Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 500,Sec. 4, eff. 9/1/2019.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 500,Sec. 3, eff. 9/1/2019.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 181,Sec. 4, eff. 10/1/2015.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 181,Sec. 3, eff. 10/1/2015.Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 50, eff. 9/1/1991. Renumbered from Health and Safety Code Sec. 161.081 and amended by Acts 1997, 75th Leg., ch. 671, Sec. 1.01. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989. See Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 181, Sec. 40.