(a) An individual who is younger than 21 years of age commits an offense if the individual:
(1) possesses, purchases, consumes, or accepts a cigarette, e-cigarette, or tobacco product; or
(2) 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.
(b) It is an exception to the application of this section that the individual younger than 21 years of age possessed the cigarette, e-cigarette, or tobacco product in the presence of an employer of the individual, if possession or receipt of the cigarette, e-cigarette, or tobacco product is required in the performance of the employee's duties as an employee.
(c) It is an exception to the application of this section that the individual younger than 21 years of age is participating in an inspection or test of compliance in accordance with Section 161.088 .
(c-1) It is an exception to the application of this section that the individual younger than 21 years of age:
(1) is at least 18 years of age; and
(2) presents at the time of purchase a valid military identification card of the United States military forces or the state military forces.
(d) An offense under this section is punishable by a fine not to exceed $100.
(e) On conviction of an individual under this section, the court shall give notice to the individual that the individual may apply to the court to have the individual's conviction expunged as provided by Section 161.255 on or after the individual's 21st birthday.
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