Skip to main content

Texas Health and Safety Code - HEALTH & SAFETY § 161.086. Vendor Assisted Sales Required;  Vending Machines

Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

(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, ���1 and Subchapter E, Chapter 155, Tax Code. ���2

(d)?A person commits an offense if the person violates Subsection (a). ?An offense under this subsection is a Class C misdemeanor.

1 ?V.T.C.A., Tax Code ??154.401 et seq.
2 ?V.T.C.A., Tax Code ??155.141 et seq.

Cite this article: FindLaw.com - Texas Health and Safety Code - HEALTH & SAFETY § 161.086. Vendor Assisted Sales Required;  Vending Machines - last updated April 14, 2021 | https://codes.findlaw.com/tx/health-and-safety-code/health-safety-sect-161-086.html


FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard