A minor in possession of a vape in Texas faces a fine of up to $100, but the court suspends that fine and orders the person into a mandatory e-cigarette and tobacco awareness program instead. Miss the 90-day deadline to finish the program and prove it, and the court will have your driver’s license suspended or denied for up to 180 days. If the citation happened at school, a separate state law sends you to a disciplinary alternative campus on top of anything the court does.
Who the Law Covers
Texas Health and Safety Code § 161.252 makes it an offense for anyone under 21 to possess, buy, use, or accept a vape, e-cigarette, or any other tobacco product. Using a fake ID or someone else’s ID to buy these products is covered too.1State of Texas. Texas Health and Safety Code 161.252 – Possession, Purchase, Consumption, or Receipt of Cigarettes, E-Cigarettes, or Tobacco Products by Minors Prohibited
The threshold is 21, not 18. That has been the rule in Texas since 2019.
The $100 Fine and What the Court Actually Does
The maximum fine is $100, but Texas handles the sentence in an unusual way. The court suspends the fine right away and orders you into an e-cigarette and tobacco awareness program.2State of Texas. Texas Health and Safety Code 161.253 – E-Cigarette and Tobacco Awareness Program; Community Service
What happens after that depends on your record:
- First offense: finish the program within 90 days and the court dismisses the case entirely. The statute uses “shall,” so this dismissal is not up to the judge’s discretion.2State of Texas. Texas Health and Safety Code 161.253 – E-Cigarette and Tobacco Awareness Program; Community Service
- Second or later offense: you still complete the program, but the sentence is carried out. The judge can reduce the fine to as low as half the original amount, and the conviction stands.2State of Texas. Texas Health and Safety Code 161.253 – E-Cigarette and Tobacco Awareness Program; Community Service
One thing worth knowing about that first-offense dismissal. If you get cited again later, the earlier dismissed case counts as a prior conviction when the court is deciding whether you’re a repeat offender. Your record is clean for employers and background checks, but not for the next courtroom.2State of Texas. Texas Health and Safety Code 161.253 – E-Cigarette and Tobacco Awareness Program; Community Service
The Awareness Program and the 90-Day Deadline
The state’s official course is ETAP, the Texas E-Cigarette and Tobacco Awareness Program, run by the Texas School Safety Center and funded by the Department of State Health Services. It runs online, statewide, at no cost.3Texas School Safety Center. Texas E-Cigarette and Tobacco Awareness Program4Texas Department of State Health Services. New DSHS Anti-Tobacco and Vaping Program Now Online at No Cost for Young Texans
Finishing the course gets you a certificate of completion by email. You have to file that certificate with the court within 90 days of your conviction date. The court decides how it wants the proof delivered, so ask the clerk.2State of Texas. Texas Health and Safety Code 161.253 – E-Cigarette and Tobacco Awareness Program; Community Service
If you live in a rural area and can’t reasonably reach an approved program, the court can substitute 8 to 12 hours of tobacco-related community service. That’s an alternative to the course, not something on top of it. The court can also order a parent or guardian to attend the program with the minor.2State of Texas. Texas Health and Safety Code 161.253 – E-Cigarette and Tobacco Awareness Program; Community Service
Miss the Deadline, Lose Your License
This is where a $100 ticket turns into a real problem. If you don’t submit proof of completing the awareness program within the 90-day window, the court orders the Department of Public Safety to suspend or deny your driver’s license. The suspension lasts up to 180 days from the date of the court order.2State of Texas. Texas Health and Safety Code 161.253 – E-Cigarette and Tobacco Awareness Program; Community Service
DPS sends the suspension notice by certified mail. If you don’t have a license yet, the denial means you can’t apply for one until the suspension period ends. For a 16- or 17-year-old who drives to school or work, that’s six months on the line.
School Discipline Is a Separate Track
If the citation happened on campus or at a school-related event, the court case isn’t the only thing to worry about. Since September 2023, Texas law requires schools to automatically place any student caught using an e-cigarette on campus into a Disciplinary Alternative Education Program (DAEP). Before that change, districts set their own consequences. Now the placement is mandatory and statewide.5Houston Landing. Texas School Discipline Spikes After Pandemic, Vaping Law
DAEP placement means leaving your regular campus for a separate program while you keep doing coursework. Length varies by district. And because the school and court systems run independently, DAEP can still apply even if the criminal citation gets dismissed.
The Narrow Exceptions
The statute has three exceptions, and only three. If none of these fits, possession is a violation:
- Employment. If your job requires you to handle, stock, or sell tobacco and vape products, you can possess them while performing those duties.1State of Texas. Texas Health and Safety Code 161.252 – Possession, Purchase, Consumption, or Receipt of Cigarettes, E-Cigarettes, or Tobacco Products by Minors Prohibited
- Compliance inspections. Minors participating in authorized sting operations testing retailer compliance are exempt during those inspections.1State of Texas. Texas Health and Safety Code 161.252 – Possession, Purchase, Consumption, or Receipt of Cigarettes, E-Cigarettes, or Tobacco Products by Minors Prohibited
- Military service. Active members of the U.S. armed forces or Texas state military forces who are at least 18 and can show a valid military ID may purchase these products under Texas law.1State of Texas. Texas Health and Safety Code 161.252 – Possession, Purchase, Consumption, or Receipt of Cigarettes, E-Cigarettes, or Tobacco Products by Minors Prohibited
A parent being present is not an exception. Unlike Texas alcohol law, which lets a parent furnish alcohol to their own child, the vape statute has no exception for parental supervision. If you’re under 21 and holding a vape, the only defenses are the three above.
Clearing the Record at 21
If a conviction does end up on your record, whether because it was a repeat offense or the first-offense dismissal never got processed, Texas gives you a way to clear it. On or after your 21st birthday, you can apply to the court that handled your case for expungement. The statute says the court “shall” order it, so expungement isn’t discretionary. The court must erase the conviction along with any related complaints, verdicts, and sentencing documents.6State of Texas. Texas Health and Safety Code 161.255 – Expungement of Conviction
The filing fee is $30 per application, covering the cost of notifying state agencies. Once granted, the conviction cannot be shown or disclosed for any purpose. It won’t appear on background checks, and you’re not required to disclose it on job or school applications.6State of Texas. Texas Health and Safety Code 161.255 – Expungement of Conviction
The court is supposed to tell you about this right at the time of conviction. If you don’t remember hearing it, file the application as soon as you turn 21.
What It Doesn’t Affect: Federal Student Aid
A tobacco or vape conviction does not affect eligibility for federal student financial aid. Federal aid rules that restrict eligibility for drug convictions specifically exclude alcohol and tobacco. Even if the conviction hasn’t been dismissed or expunged before you file the FAFSA, it has no impact on your federal aid.
Some individual colleges and scholarships do ask about criminal history on their own applications. A first-offense dismissal under § 161.253 or a full expungement under § 161.255 means you can honestly answer “no” to those questions, which is one more reason to finish the program on time and file for expungement at 21.