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What We Investigate
The Comptroller pursues these types of tobacco cases:
- sales to minors
- retailers failing to post warning signs and appropriate permits
- sales of unpackaged cigarettes or in quantities less than twenty
- minors in possession
- suspected criminal activity
The most common violations of Texas state tobacco laws – with statutory citations
- Selling cigarettes, e-cigarettes or tobacco products retail to underage youth – Health and Safety Code, Section 161.083, (a-1)
- Not posting e-cigarette and tobacco warning signs in stores that sell cigarettes, e-cigarettes and tobacco products – Health and Safety Code, Section 161.084 (a)
- Advertising tobacco products outdoors within 1,000 feet of a church or school – Health and Safety Code, Section 161.122(a)
- Selling tobacco products without a posted tobacco retailers permit – Tax Code, Section 154.117 and Tax Code, Section 155.053
- Selling e-cigarettes without a posted sales tax permit – Tax Code, Section 151.201
- Selling unpackaged cigarettes – Tax Code, Section 154.504
- Selling fewer than 20 cigarettes per package – Tax Code, Section 154.504
- Minors possessing cigarettes, e-cigarettes or tobacco products – Health and Safety Code, Section 161.252 (a-1)
- Smuggling tobacco, counterfeiting tobacco permits or defrauding the state of tobacco taxes – Tax Code, Section 154.505 and Tax Code, Section 154.520