Texas Health and Safety Code § 161.081. Definitions

In this subchapter:

(1) “Cigarette” has the meaning assigned by Section 154.001, Tax Code .

(1-a) “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.  The term does not include a prescription medical device unrelated to the cessation of smoking.  The term includes:

(A) 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

(B) 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 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 that term is defined by Section 154.001 or 155.001, Tax 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.


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