This issue was addressed in the latest legislative session. Going into effect October 1, 2015:S.B. 97 defines “e-cigarette”
as:
“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 substance to the individual
inhaling from the device.” In addition to
defining “e-cigarettes,” S.B 97 adds e-cigarettes to existing statutory
provisions regarding cigarettes and tobacco in the Health and Safety Code, Education
Code, and Penal Code.Texas Penal Code
§48.01, Smoking Tobacco, is also
revised to include e-cigarettes, such that, a person commits a Class C misdemeanor if the person is in
possession of a burning tobacco product, smokes tobacco, or operates an
e-cigarette in a facility of a public primary or secondary school or an
elevator, enclosed theater or movie house, library, museum, hospital, transit
system bus, intrastate bus, plane, or train which is a public place. In
addition, S.B. 97 includes e-cigarettes in the prohibitions on the use
of tobacco products on school property.Just to note though: city ordinances
regulating smoking in public places have not yet been revised to include
e-cigarettes. 4951