FLBD(LEGAL) - STUDENT CONDUCT: TOBACCO USE
"Cigarette" means a roll for smoking that is made of tobacco or tobacco mixed with another ingredient and wrapped or covered with a material other than tobacco and that is not a cigar. Health and Safety Code 161.081(1); Tax Code 154.001
"E-cigarette" means 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 a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this provision. The term "e-cigarette" does not include a prescription medical device unrelated to the cessation of smoking. The term "e-cigarette" includes:
- A device described by this definition 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
- A component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device.
Health and Safety Code 161.081(1-a)
"Tobacco product" means:
- A cigar;
- Smoking tobacco, including granulated, plug-cut, crimp-cut, ready-rubbed, and any form of tobacco suitable for smoking in a pipe or as a cigarette;
- Chewing tobacco, including Cavendish, Twist, plug, scrap, and any kind of tobacco suitable for chewing;
- Snuff or other preparations of pulverized tobacco; or
- An article or product that is made of tobacco or a tobacco substitute and that is not a cigarette.
Health and Safety Code 161.081(5); Tax Code 155.001
Possession and Use Prohibited
Unless subject to an exception under law, an individual who is younger than 21 years of age commits an offense if the individual:
- Possesses, purchases, consumes, or accepts a cigarette, e-cigarette, or tobacco product; or
- Falsely represents himself or herself to be 21 years of age or older by displaying proof of age that is false, fraudulent, or not actually proof of the individual's own age in order to obtain possession of, purchase, or receive a cigarette, e-cigarette, or tobacco product.
Health and Safety Code 161.252
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 Health and Safety Code Chapter 161, Subchapter H. Health and Safety Code 161.089