Tex. Penal Code § 48.01. Smoking tobacco.
Effective: 10/1/15 – Through: 6/1/23
(a) In this section, “e-cigarette” has the meaning assigned by Section 161.081, Health and Safety Code.
(a-1) A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place.
(b) It is a defense to prosecution under this section that the conveyance or public place in which the offense takes place does not have prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance or public place and that an offense is punishable by a fine not to exceed $500.
(c) All conveyances and public places set out in Subsection (a-1) shall be equipped with facilities for extinguishment of smoking materials and it shall be a defense to prosecution under this section if the conveyance or public place within which the offense takes place is not so equipped.
(d) It is an exception to the application of Subsection (a-1) if the person is in possession of the burning tobacco product, smokes tobacco, or operates the e-cigarette exclusively within an area designated for smoking tobacco or operating an e-cigarette or as a participant in an authorized theatrical performance.
(e) An area designated for smoking tobacco or operating an e-cigarette on a transit system bus or intrastate plane or train must also include the area occupied by the operator of the transit system bus, plane, or train.
(f) An offense under this section is punishable as a Class C misdemeanor.
Tex. Health & Safety § 161.0815. Nonapplicability.
Effective: 9/1/19 – Through: 7/1/22
This subchapter does not apply to a product that is:
(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.
Tex. Health & Safety § 161.081. Definitions.
Effective: 9/1/21 – Through: 6/1/23
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.
(B) The term “e-cigarette” does not include a prescription medical device 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.
Tex. Education Code § 38.006. E-Cigarettes and Tobacco Products on School Property.
Effective: 10/1/15 – Through: 6/1/23
(a) In this section, “e-cigarette” has the meaning assigned by Section 161.081, Health and Safety Code.
(b) The board of trustees of a school district shall:
(1) prohibit smoking or using e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property;
(2) prohibit students from possessing e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property; and
(3) ensure that school personnel enforce the policies on school property.
Tex. Health & Safety § 161.082. Sale of cigarettes, e-cigarettes, or tobacco products to persons younger than 21 years of age prohibited; proof of age required.
Effective: 9/1/19 – Through: 6/1/23
(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. Penal Code § 48.015. Prohibitions relating to certain cigarettes.
Effective: 9/1/01 – Through: 6/1/23
(a) A person may not acquire, hold, own, possess, or transport for sale or distribution in this state or import or cause to be imported into this state for sale or distribution in this state:
(1) cigarettes that do not comply with all applicable requirements imposed by or under federal law and implementing regulations; or
(2) cigarettes to which stamps may not be affixed under Section 154.0415, Tax Code, other than cigarettes lawfully imported or brought into the state for personal use and cigarettes lawfully sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with 19 U.S.C. Section 1555(b), as amended.
(b) A person who commits an act prohibited by Subsection (a), knowing or having reason to know that the person is doing so, is guilty of a Class A misdemeanor.
Tex. Health & Safety § 161.083. Sale of cigarettes, e-cigarettes, e-cigarettes, or tobacco products to persons younger than 30 years of age.
Effective: 9/1/21 – Through: 6/1/23
(a) A person may not sell, give, or cause to be sold or given a cigarette, e-cigarette, or tobacco product to someone who is younger than 30 years of age unless the person to whom the cigarette, e-cigarette, or tobacco product was sold or given presents an apparently valid proof of identification.
(a-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 19, eff. September 1, 2019.
(b) A retailer shall adequately supervise and train the retailer’s agents and employees to prevent a violation of Subsection (a).
(c) A proof of identification described by Section 161.082(e) satisfies the requirements of Subsection (a).
Tex. Health & Safety § 161.0875. Sale of e-cigarette nicotine containers.
Effective: 10/1/15 – Through: 7/1/22
(a) A person may not sell or cause to be sold a container that contains liquid with nicotine and that is an accessory for an e-cigarette unless:
(1) the container satisfies the child-resistant effectiveness standards under 16 C.F.R. Section 1700.15(b)(1) when tested in accordance with the method described by 16 C.F.R. Section 1700.20; or
(2) the container is a cartridge that is prefilled and sealed by the manufacturer and is not intended to be opened by a consumer.
(b) If the federal government adopts standards for the packaging of a container described by Subsection (a), a person who complies with those standards is considered to be in compliance with this section.
Tex. Health & Safety § 161.087. Distribution of cigarettes, e-cigarettes, or tobacco products.
Effective: 9/1/19 – Through: 7/1/22
(a) A person may not distribute:
(1) a free sample of a cigarette, e-cigarette, or tobacco product; or
(2) a coupon or other item that the recipient may use to receive a free cigarette, e-cigarette, or tobacco product or a sample cigarette, e-cigarette, or tobacco product.
(a-1) A person may not distribute to persons younger than 21 years of age a coupon or other item that the recipient may use to receive a discounted cigarette, e-cigarette, or tobacco product.
(b) Except as provided by Subsection (c), a person, including a permit holder, may not accept or redeem, offer to accept or redeem, or hire a person to accept or redeem:
(1) a coupon or other item that the recipient may use to receive a free cigarette, e-cigarette, or tobacco product or a sample cigarette, e-cigarette, or tobacco product; or
(2) a coupon or other item that the recipient may use to receive a discounted cigarette, e-cigarette, or tobacco product if the recipient is younger than 21 years of age.
(b-1) A coupon or other item that a recipient described by Subsection (b) may use to receive a discounted cigarette, e-cigarette, or tobacco product may not be redeemable through mail or courier delivery.
(c) Subsections (a)(2), (a-1), (b), and (b-1) do not apply to a transaction between permit holders unless the transaction is a retail sale.
(d) A person commits an offense if the person violates this section. An offense under this subsection is a Class C misdemeanor.
Tex. Health & Safety § 161.086. Vendor assisted sales required; vending machines.
Effective: 9/1/19 – Through: 7/1/22
(a) Except as provided by Subsection (b), a retailer or other person may not:
(1) offer cigarettes, e-cigarettes, or tobacco products for sale in a manner that permits a customer direct access to the cigarettes, e-cigarettes, or tobacco products; or
(2) install or maintain a vending machine containing cigarettes, e-cigarettes, or tobacco products.
(b) Subsection (a) does not apply to:
(1) a facility or business that is not open to persons younger than 21 years of age at any time;
(2) that part of a facility or business that is a humidor or other enclosure designed to store cigars in a climate-controlled environment and that is not open to persons younger than 21 years of age at any time; or
(3) a premises for which a person holds a package store permit issued under the Alcoholic Beverage Code and that is not open to persons younger than 21 years of age at any time.
(c) The comptroller or a peace officer may, with or without a warrant, seize, seal, or disable a vending machine installed or maintained in violation of this section. Property seized under this subsection must be seized in accordance with, and is subject to forfeiture to the state in accordance with, Subchapter H, Chapter 154, Tax Code, and Subchapter E, Chapter 155, Tax Code.
(d) A person commits an offense if the person violates Subsection (a). An offense under this subsection is a Class C misdemeanor.
Tex. Health & Safety § 161.084. Warning notice.
Effective: 9/1/19 – Through: 7/1/22
(a) Each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine shall post a sign in a location that is conspicuous to all employees and customers and that is close to the place at which the cigarettes, e-cigarettes, or tobacco products may be purchased.
(b) The sign must include the statement:
PURCHASING OR ATTEMPTING TO PURCHASE CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS BY A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. SALE OR PROVISION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO A PERSON UNDER 21 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. THE PROHIBITIONS ON THE PURCHASE OR ATTEMPT TO PURCHASE DESCRIBED ABOVE DO NOT APPLY TO A PERSON WHO IS IN THE UNITED STATES MILITARY FORCES OR STATE MILITARY FORCES.
(b-1) Immediately following the statement described by Subsection (b), the sign described by that subsection must include the statement:
THE PROHIBITIONS ON THE PURCHASE OR ATTEMPT TO PURCHASE DESCRIBED ABOVE DO NOT APPLY TO A PERSON WHO WAS BORN ON OR BEFORE AUGUST 31, 2001.
(b-2) This subsection and Subsection (b-1) expire September 1, 2022.
(c) The comptroller by rule shall determine the design and size of the sign.
(d) The comptroller on request shall provide the sign without charge to any person who sells cigarettes, e-cigarettes, or tobacco products. The comptroller may provide the sign without charge to distributors of cigarettes, e-cigarettes, or tobacco products or wholesale dealers of cigarettes, e-cigarettes, or tobacco products in this state for distribution to persons who sell cigarettes, e-cigarettes, or tobacco products. A distributor or wholesale dealer may not charge for distributing a sign under this subsection.
(e) A person commits an offense if the person fails to display a sign as prescribed by this section. An offense under this subsection is a Class C misdemeanor.
(f) The comptroller may accept gifts or grants from any public or private source to perform the comptroller’s duties under this section.
Tex. Health & Safety § 161.085. Notification of employees and agents.
Effective: 9/1/19 – Through: 7/1/22
(a) Each retailer shall notify each individual employed by that retailer who is to be engaged in retail sales of cigarettes, e-cigarettes, or tobacco products that state law:
(1) prohibits the sale or distribution of cigarettes, e-cigarettes, or tobacco products to any person who is younger than 21 years of age as provided by Section 161.082 and that a violation of that section is a Class C misdemeanor; and
(2) requires each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine to post a warning notice as provided by Section 161.084, requires each employee to ensure that the appropriate sign is always properly displayed while that employee is exercising the employee’s duties, and provides that a violation of Section 161.084 is a Class C misdemeanor.
(b) The notice required by this section must be provided within 72 hours of the date an individual begins to engage in retail sales of cigarettes, e-cigarettes, or tobacco products. The individual shall signify that the individual has received the notice required by this section by signing a form stating that the law has been fully explained, that the individual understands the law, and that the individual, as a condition of employment, agrees to comply with the law.
(c) Each form signed by an individual under this section shall indicate the date of the signature and the current address and social security number of the individual. The retailer shall retain the form signed by each individual employed as a retail sales clerk until the 60th day after the date the individual has left the employer’s employ.
(d) A retailer required by this section to notify employees commits an offense if the retailer fails, on demand of a peace officer or an agent of the comptroller, to provide the forms prescribed by this section. An offense under this section is a Class C misdemeanor.
(e) It is a defense to prosecution under Subsection (d) to show proof that the employee did complete, sign, and date the forms required by Subsections (b) and (c). Proof must be shown to the comptroller or an agent of the comptroller not later than the seventh day after the date of a demand under Subsection (d).
Tex. Health & Safety § 161.089. Preemption of local law.
Effective: 9/1/19 – Through: 6/1/23
a) Except as provided by Subsection (b), this subchapter 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:
(1) is compatible with and equal to or more stringent than a requirement prescribed by this subchapter; or
(2) relates to an issue that is not specifically addressed by this subchapter or Chapter 154 or 155, Tax Code.
(b) A political subdivision may not adopt or enforce an ordinance or requirement relating to the lawful age to sell, distribute, or use cigarettes, e-cigarettes, or tobacco products that is more stringent than a requirement prescribed by this subchapter.
Tex. Health & Safety § 161.0902. E-cigarette report.
Effective: 10/1/15 – Through: 7/1/22
(a) Not later than January 5th of each odd-numbered year, the department shall report to the governor, lieutenant governor, and speaker of the house of representatives on the status of the use of e-cigarettes in this state.
(b) The report must include, at a minimum:
(1) a baseline of statistics and analysis regarding retail compliance with this subchapter and Subchapter R;
(2) a baseline of statistics and analysis regarding illegal e-cigarette sales, including:
(A) sales to minors;
(B) enforcement actions concerning minors; and
(C) sources of citations;
(3) e-cigarette controls and initiatives by the department, or any other state agency, including an evaluation of the effectiveness of the controls and initiatives;
(4) the future goals and plans of the department to decrease the use of e-cigarettes;
(5) the educational programs of the department and the effectiveness of those programs; and
(6) the incidence of use of e-cigarettes by regions in this state, including use of e-cigarettes by ethnicity.
(c) The department may include the report required by this section with a similar report for cigarettes or tobacco products required by law.
Tex. Health & Safety § 161.090. Reports of violation.
Effective: 9/1/97 – Through: 7/1/22
A local or state law enforcement agency or other governmental unit shall notify the comptroller, on the 10th day of each month, or the first working day after that date, of any violation of this subchapter that occurred in the preceding month that the agency or unit detects, investigates, or prosecutes.
Tex. Health & Safety § 161.0903. Use of certain revenue.
Effective: 9/1/21 – Through: 7/1/22
Revenue from fees collected under Section 161.123 and from the sale of permits under Chapter 147 of this code, retailer permits under Chapter 154, Tax Code, and retailer permits under Chapter 155, Tax Code, shall be deposited in the general revenue fund and may be appropriated only as provided by this section. The revenue shall be appropriated, in order of priority, to:
(1) the comptroller for the purpose of administering retailer permitting under Chapter 147 of this code and Chapters 154 and 155, Tax Code; and
(2) the comptroller for the purpose of administering and enforcing this subchapter and Subchapters K and N.
Tex. Health & Safety § 161.0901. Disciplinary action against cigarette, e-cigarette, and tobacco product retailers.
Effective: 9/1/21 – Through: 7/1/22
(a) A retailer is subject to disciplinary action as provided by this section if an agent or employee of the retailer commits an offense under this subchapter.
(b) If the comptroller finds, after notice and an opportunity for a hearing as provided by Chapter 2001, Government Code, that a permit holder has violated this subchapter at a place of business for which a permit is issued, the comptroller may suspend the permit for that place of business and administratively assess a fine as follows:
(1) for the first violation of this subchapter during the 24-month period preceding the violation at that place of business, the comptroller may require the permit holder to pay a fine in an amount not to exceed $1,000;
(2) for the second violation of this subchapter during the 24-month period preceding the most recent violation at that place of business, the comptroller may require the permit holder to pay a fine in an amount not to exceed $2,000; and
(3) for the third violation of this subchapter during the 24-month period preceding the most recent violation at that place of business, the comptroller may:
(A) require the permit holder to pay a fine in an amount not to exceed $3,000; and
(B) suspend the permit for that place of business for not more than five days.
(c) Except as provided by Subsection (e), for the fourth or a subsequent violation of this subchapter during the 24-month period preceding the most recent violation at that place of business, the comptroller shall revoke the permit issued under Chapter 147 of this code or Chapter 154 or 155, Tax Code, as applicable. If the permit holder does not hold a permit under Chapter 147 of this code or Chapter 154 or 155, Tax Code, the comptroller shall revoke the permit issued under Section 151.201, Tax Code.
(d) A permit holder whose permit has been revoked under this section may not apply for a permit for the same place of business before the expiration of six months after the effective date of the revocation.
(e) For purposes of this section, the comptroller may suspend a permit for a place of business but may not revoke the permit under Subsection (c) if the comptroller finds that:
(1) the permit holder has not violated this subchapter more than seven times at the place of business in the 48-month period preceding the violation in question;
(2) the permit holder requires its employees to attend a comptroller-approved seller training program;
(3) the employees have actually attended a comptroller-approved seller training program; and
(4) the permit holder has not directly or indirectly encouraged the employees to violate the law.
(f) The comptroller may adopt rules to implement this section.
Tex. Health & Safety § 161.088. Enforcement; unannounced inspections.
Effective: 9/1/19 – Through: 7/1/22
(a) The comptroller shall enforce this subchapter in partnership with local law enforcement agencies and with their cooperation and shall ensure the state’s compliance with Section 1926 of the federal Public Health Service Act (42 U.S.C. Section 300x-26) and any implementing regulations adopted by the United States Department of Health and Human Services. Except as expressly authorized by law, the comptroller may not adopt any rules governing the subject matter of this subchapter or Subchapter K, N, or O.
(b) The comptroller may make block grants to counties and municipalities to be used by local law enforcement agencies to enforce this subchapter and Subchapter R in a manner that can reasonably be expected to reduce the extent to which cigarettes, e-cigarettes, and tobacco products are sold or distributed, including by delivery sale, to persons who are younger than 21 years of age. At least annually, random unannounced inspections shall be conducted at various locations where cigarettes, e-cigarettes, and tobacco products are sold or distributed, including by delivery sale, to ensure compliance with this subchapter and Subchapter R. The comptroller shall rely, to the fullest extent possible, on local law enforcement agencies to enforce this subchapter and Subchapter R.
(c) To facilitate the effective administration and enforcement of this subchapter, the comptroller may enter into interagency contracts with other state agencies, and those agencies may assist the comptroller in the administration and enforcement of this subchapter.
(d) The use of a person younger than 21 years of age to act as a minor decoy to test compliance with this subchapter and Subchapter R shall be conducted in a fashion that promotes fairness. A person may be enlisted by the comptroller or a local law enforcement agency to act as a minor decoy only if the following requirements are met:
(1) written parental consent is obtained for the use of a person younger than 18 years of age to act as a minor decoy to test compliance with this subchapter and Subchapter R;
(2) at the time of the inspection, order, or delivery, the minor decoy is younger than 21 years of age;
(3) the minor decoy has an appearance that would cause a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco products to request identification and proof of age;
(4) the minor decoy carries either the minor’s own identification showing the minor’s correct date of birth or carries no identification, and a minor decoy who carries identification presents it on request to any seller of or any person who delivers cigarettes, e-cigarettes, or tobacco products; and
(5) the minor decoy answers truthfully any questions about the minor’s age at the time of the inspection, order, or delivery.
(e) The comptroller shall annually prepare for submission by the governor to the secretary of the United States Department of Health and Human Services the report required by Section 1926 of the federal Public Health Service Act (42 U.S.C. Section 300x-26).
El Paso, Texas § 9.50.010. Purpose.
Effective: 6/17/14 – Through: 6/1/23
The purpose of this chapter is to (1) improve and protect the public’s health by eliminating smoking in public places and places of employment, and certain outdoor areas; (2) guarantee the right of nonsmokers to breathe smoke-free air; and, (3) recognize that the need to breathe smoke-free air shall have priority over the choice to smoke.
El Paso, Texas § 9.50.030. Prohibition of smoking in public places.
Effective: 6/17/14 – Through: 6/1/23
A. Smoking shall be prohibited in all enclosed areas of public places within the city, and within twenty feet of the entrance of such places, including, but not limited to, the following (except for certain outdoor areas specifically designated as smoking areas by city manager or designee for certain city facilities):
1. Elevators;
2. Restrooms, lobbies, reception areas, hallways and any other common-use areas;
3. Buses, semi-enclosed bus stops, bus terminals, taxicabs, shuttle vehicles, train stations, airports (except for certain outdoor areas specifically designated as smoking areas by the El Paso International Airport Director of Aviation) and other facilities and means of public transit under the authority of the city (except for city property to which the city has contractually released a leasehold interest), as well as ticket, boarding, and waiting areas of all transit depots;
4. Service lines;
5. Retail stores and shopping malls;
6. All enclosed areas in all businesses and nonprofit entities;
7. Food establishments, nightclubs and bars;
8. Galleries, libraries, museums and zoo facilities and grounds;
9. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except that performers may smoke when the smoking is part of a stage production;
10. Sports arenas, bowling facilities and convention facilities;
11. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city, to the extent such place is subject to the jurisdiction of the city;
12. Health care facilities;
13. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
14. Polling places;
15. Bingo venues;
16. Child care and adult day care facilities.
El Paso, Texas § 9.50.020. Definitions.
Effective: 6/17/14 – Through: 6/1/23
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Bar” means an area which is devoted primarily to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food or other products is only incidental to the consumption of such beverages. A “bar” includes those facilities located within a hotel, motel or other similar transient occupancy establishment.
“Business” means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
“E-cigarette” or “e-hookah” means any electronic oral device or nicotine delivery device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substance, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, hookah pen or under any other product name or description.
“Employee” means any person who is employed by or engaged under contract by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for an employer as defined in this Section 9.50.020.
“Employer” means any person, partnership, corporation, including a municipal corporation, or nonprofit entity which employs or contracts the services of one or more individual persons or uses the volunteer services of one or more individual persons.
“Enclosed area” means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid.
“Food establishment” means food product or food service establishments, as those terms are defined in Chapter 9.12 of the El Paso City Code.
“Health care facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of physicians, chiropractors, physical therapists, psychiatrists, dentists, and all specialties within these professions. This definition shall include, but not be limited to, all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
“Park” means “city park” as set forth in the El Paso City Code Section 13.24.010, as amended, namely, any property in the city that is designated, set aside or operated by the city for public recreational purposes, whether dedicated or developed as a park or not, or that is located in any street right-of-way and is maintained as public open space, including all buildings, recreation facilities, playgrounds, parking lots, driveways, pathways, trails and other areas within a park, to include scenic drive. Designation of property as a city park pursuant to this subsection is solely for the purposes of identifying areas governed by this chapter and shall not be construed to be a dedication of any property as a park.
“Place of employment” means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a “place of employment” unless it is used as a child care, adult day care or health care facility or there is an employee other than the occupant of the residence present.
“Playground” means any park or recreational area that is designed in part to be used by children and that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on city property.
“Private club” means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for monetary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
“Private place” means any enclosed area to which the public is not invited or in which the public is not permitted, including but not limited to, personal residences; private clubs or personal automobiles. A privately-owned business, open to the public, is not a “private place.”
“Retail tobacco store and smoking establishment” means a retail store or establishment utilized primarily for the sale and use of tobacco and smoking products and accessories and in which the sale of other products is merely incidental.
“Service line” means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
“Smoking” means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe, e-cigarette, e-hookah, weed, plant or combustible substance in any manner or in any form, including any device that allows for combustion or conduction of a product for the purpose of inhaling smoke or vapor.
“Sports arena” means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise or activities, participate in athletic competition, or witness sporting events, whether enclosed indoors or outdoors.
El Paso, Texas § 9.50.040. Prohibition of smoking in places of employment.
Effective: 6/17/14 – Through: 6/1/23
A. Except as herein provided, smoking shall be prohibited in every place of employment.
B. It shall be the responsibility of employers to provide a smoke-free workplace for all employees.
El Paso, Texas § 9.50.070. Application of article to certain city-owned facilities.
Effective: 6/17/14 – Through: 6/1/23
Except for those outdoor areas designated as smoking areas by city manager or designee, and except for those outdoor areas designated as smoking areas at El Paso International Airport facilities by the El Paso International Airport Director of Aviation, all city-owned enclosed areas and city-owned outdoor facilities, not subject to a leasehold interest provided to a non-city person or entity, shall be nonsmoking at all times, including, but not limited to, the following places:
A. Sports arenas and stadiums.
B. Parks and playgrounds.
C. In and within twenty feet from the entrance of all outdoor public transportation stations, platforms and shelters under the authority of the city, except for those outdoor areas designated as smoking areas by the El Paso International Airport Director of Aviation.
D. Parking lots.
El Paso, Texas § 9.50.050. Additional declaration of establishments as non-smoking.
Effective: 6/17/14 – Through: 6/1/23
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment, facility or outdoor area may declare that the entire establishment, facility or outdoor area is a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 9.50.090 is posted.
El Paso, Texas § 9.50.110. Enforcement.
Effective: 6/17/14 – Through: 6/1/23
A. Enforcement of this chapter shall be implemented by the city development department, city’s department of environmental services, the city’s department of public health, and the city’s fire and police departments.
B. Any person may register a complaint under this chapter to initiate enforcement with the city’s department of public health, the city’s department of environmental services and the city’s police department.
C. It shall be an affirmative defense to prosecution of an owner, manager or other person having control of an establishment regulated by this chapter if the owner, manager or other person having control of an establishment regulated by this chapter asks a smoker to stop smoking and if the smoker does not cease smoking inside that establishment regulated by this chapter, the owner, manager or other person having control of an establishment regulated by this chapter shall place a no smoking sign on the table and shall contact the departments identified in Subsection 9.50.110A.
El Paso, Texas § 9.50.090. Posting of signs.
Effective: 6/17/14 – Through: 6/1/23
A. The owner, manager or other person having control of such building or other area where smoking is prohibited by this chapter shall have a conspicuously posted sign at each entrance clearly stating that smoking is prohibited within the building or other areas where smoking is prohibited.
B. Such “No Smoking” signs shall have bold lettering of not less than one inch in height, or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with bar across it) may be used.
El Paso, Texas § 9.50.080. Private and public places.
Effective: 6/17/14 – Through: 6/1/23
A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
1. Private residences, except when used as a child care, adult day care or health care facility;
2. No more than twenty-five percent of hotel and motel rooms rented to guests;
3. Retail tobacco stores and smoking establishments in isolated or contained physical facilities with isolated venting and air controls;
4. Outdoor places of employment except those covered in Section 9.50.070;
5. Outdoor areas designated as smoking areas by the city manager or designee for certain city facilities;
6. In the case of El Paso International Airport facilities, outdoor areas designated as smoking areas by the El Paso International Airport Director of Aviation.
El Paso, Texas § 9.50.130. Violations and penalties.
Effective: 6/17/14 – Through: 6/1/23
A. It shall be unlawful for an owner, manager or other person having control of an establishment regulated by this chapter to fail to comply with all of its provisions, except for violations noted in Subsection 9.50.130B.
B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by:
1. Any person who violates any provision of this chapter shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars;
2. Any person who violates any provision of this chapter within one year of receiving a fine under Subsection 9.50.130C.1, shall be guilty of an infraction punishable by a fine not to exceed two hundred dollars;
3. Any person who violates any provision of this chapter within one year of receiving a fine under Subsection 9.50.130C.2, shall be guilty of an infraction punishable by a fine not to exceed five hundred dollars.
El Paso, Texas § 9.50.120. Nonretaliation.
Effective: 6/17/14 – Through: 6/1/23
No person nor employee shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smoke free environment afforded by this chapter.
El Paso, Texas § 9.50.150. Severability.
Effective: 6/17/14 – Through: 6/1/23
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of the ordinance are severable and if any section, paragraph, sentence, clause, or phrase shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases herein.
El Paso, Texas § 9.50.140. Other applicable laws.
Effective: 6/17/14 – Through: 6/1/23
This chapter shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws.