Both Texas and federal law require people to be at least 21 years old to purchase tobacco products. The Texas law also has exceptions for members of the military who are at least 18.
In 2019, the U.S. Congress raised the federal minimum age to buy tobacco products from 18 to 21 years of age, with no exceptions. This law is in Title 21, Chapter 9, Subchapter IX of the United States Code.
The Food and Drug Administration (FDA) is the federal agency tasked with enforcing these laws. The FDA has an FAQ about the age restrictions on its website.
In Texas, a 2019 law also raised the age requirement for tobacco products in Texas from 18 years of age to 21. This law is in Chapter 161 of the Texas Health and Safety Code. Unlike the federal law, it included a few "grandfather clauses" that excluded:
- People 18 years of age or older with a valid U.S. or state military identification card
- Anyone born on or before August 31st, 2001.
The Texas Comptroller has an explanation of the updated underage smoking provisions on its website. It states that the federal law does not include the grandfathering provisions that were part of the Texas statute.