(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.
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