Vape Vending Machines Sales Laws and Regulations in Texas

Thinking of Launching a Vape Vending Machine in Texas? 
Here’s What You Need to Know First

Vape vending machines can be a smart way to diversify revenue—especially in adult-only establishments. But in Texas, jumping into this niche requires more than just setting up a machine and stocking e-liquids. The state has implemented specific laws to regulate the sale, distribution, and placement of e-cigarette products, especially when vending machines are involved. 

USA-Made Vapes Buyers Guide for Texas

Whether you're a retailer, entrepreneur, or operator, understanding these regulations is essential not only for compliance but also for safeguarding your investment. Below is a detailed guide that breaks down the current rules, requirements, and best practices for operating a vape vending machine in Texas.

1. SALE RESTRICTIONS – AGE MINIMUM

Prohibited Sale Under Age 21:

“A person may not sell, give, or cause to be sold or given a cigarette, e-cigarette, or tobacco product to someone younger than 21 years of age.”
Texas Health & Safety Code § 161.082(d)

Military Exception:

“Subsection (d) does not apply to a person who is at least 18 years of age and presents a valid military identification card of the United States military forces or the state military forces.”
Texas Health & Safety Code § 161.082(e)

⚠️ Note: Federal law overrides this exception.

2. VENDING MACHINE PLACEMENT LAWS:

Sec. 161.086. VENDOR ASSISTED SALES REQUIRED; VENDING MACHINES. (a) Except as provided by Subsection (b), a retailer or other person may not:

(b) Subsection (a) does not apply to:

(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, and Subchapter E, Chapter 155, Tax Code.

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

Added by Acts 1997, 75th Leg., ch. 671, Sec. 1.01, eff. Jan. 1, 1998. Amended by Acts 1999, 76th Leg., ch. 567, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 181 (S.B. 97), Sec. 10, eff. October 1, 2015.

Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 9, eff. September 1, 2019.

Allowed Locations Only:

“A person may not sell cigarettes or e-cigarettes through a vending machine unless the machine is located:
(1) in a facility or business that is not open to persons younger than 21 years of age at any time;
(2) in a humidor… not open to persons younger than 21…; or
(3) on the premises of a package store with an appropriate permit.”
Texas Health & Safety Code § 161.086(b)

Ownership Restriction:

“A person may not engage in business as a retailer of e-cigarettes in this state unless the person has been issued a permit.”
§ 147.0051(a)
“The permit must be displayed at the place of business for which the permit is issued.”
§ 147.0051(b)

3. REQUIRED LICENSES AND PERMITS

A. E-Cigarette Retailer Permit
Required and must be obtained from the Texas Comptroller. Texas Health & Safety Code § 147.0051

 (a) A person may not engage in business as an e-cigarette retailer in this state unless the person has been issued a permit from the comptroller.

(b) An e-cigarette retailer shall obtain a permit for each place of business owned or operated by the e-cigarette retailer. The comptroller may not issue a permit for a place of business that is a residence or a unit in a public storage facility.

(c) The comptroller shall prescribe the form and content of an application for a permit and provide the form on request.

(d) The applicant shall accurately complete all information required by the application and provide the comptroller with additional information the comptroller considers necessary.

(e) Each applicant that applies for a permit to sell e-cigarettes from a vehicle must provide the make, model, vehicle identification number, registration number, and any other information concerning the vehicle the comptroller requires.

(f) All financial information provided under this section is confidential and not subject to Chapter 552, Government Code.

(g) Permits for engaging in business as an e-cigarette retailer are governed exclusively by the provisions of this code.

Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021.

Sec. 161.081. DEFINITIONS. In this subchapter:
(1) “Cigarette” has the meaning assigned by Section 154.001, Tax Code.
(1-a) (A) “E-cigarette” means:
 (i) 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; or
 (ii) a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this subdivision.
 (B) The term “e-cigarette” does not include a prescription medical device unrelated to the cessation of smoking.
 (C) The term “e-cigarette” includes:
  (i) 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
  (ii) 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 147.0001, Health and Safety Code, or 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.
(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.

B. Sales and Use Tax Permit

“Retailers must obtain a sales and use tax permit before selling taxable goods or services.”
Texas Tax Code § 151.201

C. Employee Notification Requirement

“An employer shall ensure each employee has signed a form stating the employee understands and agrees to comply.”
Texas Health & Safety Code § 161.085(a)

4. TAXES ON VAPE PRODUCTS

A. Excise Tax:
Texas does not impose an excise tax on vapor products.

Confirmed by absence in Texas Tax Code Chapter 155

B. Sales Tax:

“A tax is imposed on each sale of a taxable item in this state.”
Texas Tax Code § 151.051

5. PACKAGING REQUIREMENTS

Child-Resistant Containers:

“A person may not sell liquid nicotine unless the container is child-resistant or is prefilled and sealed by the manufacturer.”
Texas Health & Safety Code § 161.0875

6. ADVERTISING & PACKAGING RESTRICTIONS

Attractive to Minors Ban:

“A person may not sell or market vapor products in a container that… depicts cartoon-like fictional characters… imitates child-marketed products… or includes images attractive to minors.”
Texas Health & Safety Code § 161.0876

7. SAMPLING AND COUPONS

“A person may not distribute to individuals younger than 21 years:
(1) a free sample of vapor product;
(2) a coupon for discounted product;
(3) any promotional item redeemable for product.”
Texas Health & Safety Code § 161.087

8. LOCAL LICENSING & ADDITIONAL COMPLIANCE

Check with city or county offices for: zoning, local vending permits, and possible health department oversight.

Summary Table: Vape Vending Requirements in Texas

Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official Texas government resources for the most current regulations.

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