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Texas

Statewide Tobacco 21 Grade

F

View Full Report Card

Report Card
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Enforcement

Texas designated enforcement to the Comptroller in partnership with local law enforcement agencies. To facilitate the effective administration and enforcement the comptroller may also enter into interagency contracts with other state agencies. It should be noted that the involvement of law enforcement in this process is not recommended as it creates an unnecessary touch point for youth and police. Compliance checks are random without a mandated minimum number of annual checks or a minimum decoy age. ID checks are required for any purchaser that appears to be under 30 years of age. The Texas Comptroller’s office will need to instate strong enforcement policies to ensure optimal compliance rates as they move forward with implementing this policy in this state.
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Tobacco Retail License

Comprehensive statewide Tobacco Retail License covering all tobacco products
Multiple Tobacco Retail Licenses that cover all tobacco products
Tobacco Retail License only covers cigarettes and NOT e-cigarettes
No statewide Tobacco Retail License
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Preemption

No preemption
Preempted from raising the sales age
Preempted from creating a Tobacco Retail License

All public health is local. Often Big Tobacco works to add preemption to statewide tobacco control bills so cities and counties are unable to enact laws that better protect the public.
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High School Smoking Rate

40%
of High School Seniors nationwide have vaped in the past 30 days
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Tobacco Prevention vs. Industry Marketing

Texas spends $4.7M in tobacco prevention efforts and the tobacco industry spends $622.2M in marketing. For every $1 spent in prevention, Big Tobacco spends $133 in marketing.

$1
$133
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Tax per pack of cigarettes

$1.41

E-cigarette tax

$0.00

State Rank

29

Higher tobacco taxes are associated with decreases in tobacco use and increases in cessation and lower youth initiation.
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Annual State Healthcare Costs due to Tobacco Use

$8.85 billion

References

Information updated Nov 2020. Please contact Amanda.Turner@tobacco21.org if you have suggested updates.

Texas In The News

Take Action To Protect Kids

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Other Helpful Resources:

Tobacco Free Kids Texas

The Campaign for Tobacco-Free Kids is a leading force in the fight to reduce tobacco use and its deadly toll in the United States and around the world. Our vision: A future free of the death and disease caused by tobacco.

American Lung Association State Report Card

The ALA 'State of Tobacco Control' report tracks progress on key tobacco control policies at the state and federal levels, and assigns grades based on tobacco control laws and regulations in effect as of January 2, 2014.

SLATI State Information Texas

SLATI (State Legislated Actions on Tobacco Issues) is an extensively researched and invaluable source of information on tobacco control laws and policy, and is the only up-to-date and comprehensive summary of state tobacco control laws.

The Preventing Tobacco Addiction Foundation and the Campaign For Tobacco Free Kids support these four principles for Tobacco 21 ordinances:

  1. Include all tobacco and nicotine products, specifically e-cigarettes. The only exceptions would be FDA recognized nicotine replacement products (gum, patch, etc.) intended for cessation.
  2. Include significant enforcement provisions against illegal sales as research shows that consistent enforcement is of critical importance.
  3. Not include any pre-emption against local authority in more stringent regulation of tobacco or other nicotine product sales, secondhand smoke, or e-cigarette vapor.
  4. Ideally not include possession, usage, or purchase (PUP) penalties that result in criminal records, and instead place the onus on the purveyors of these addictive products.

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