Title HS, Health and Safety Code

Sec. 147.0051. E-CIGARETTE RETAILER PERMIT REQUIRED. (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 owne…

Sec. 147.0052. ISSUANCE OF PERMIT. (a) The comptroller shall issue a permit to an applicant if the comptroller: (1) has received an application and fee; (2) does not reject the application and deny the permit under Section 147.0053; and (3) determines that issuing the permit will…

Sec. 147.0053. DENIAL OF PERMIT. The comptroller may reject an application and deny a permit if the comptroller finds, after notice and opportunity for hearing, any of the following: (1) the premises where business will be conducted are not adequate to protect the e-cigarettes; o…

Sec. 147.0054. PERMIT PERIOD; FEES. (a) A permit required by this chapter expires on the last day of May of each even-numbered year. (b) An application for a permit required by this chapter must be accompanied by a fee of: (1) one-half of the amount of the fee for a retailer's pe…

Sec. 147.0055. PAYMENT FOR PERMITS. (a) An applicant for a permit required by Section 147.0051 shall send the required fee with the application. (b) The payment must be made in cash or by money order, check, or credit card. (c) The comptroller may not issue a permit in exchange f…

Sec. 147.0056. DISPLAY OF PERMIT. (a) A permit holder shall keep the permit on public display at the place of business for which the permit was issued. (b) A permit holder who has a permit assigned to a vehicle shall post the permit in a conspicuous place on the vehicle. Added by…

Sec. 147.0057. REVENUE. Revenue from the sale of e-cigarette retailer's permits shall be deposited as provided by Section 161.0903 and may be appropriated only as provided by that section. Added by Acts 2021, 87th Leg., R.S., Ch. 994 (S.B. 248), Sec. 1, eff. September 1, 2021. SU…

Sec. 147.0101. FINAL SUSPENSION OR REVOCATION OF PERMIT. (a) The comptroller may revoke or suspend a permit holder's permit if the comptroller finds, after notice and hearing as provided by this section, that the permit holder violated this chapter or a rule adopted under this ch…

Sec. 147.0102. SUMMARY SUSPENSION OF PERMIT. (a) The comptroller may suspend a permit holder's permit without notice or a hearing for the permit holder's failure to comply with this chapter or a rule adopted under this chapter if the permit holder's continued operation constitute…

Sec. 147.0151. PENALTIES. (a) A person violates this chapter if the person: (1) engages in the business of an e-cigarette retailer without a permit; or (2) is a person who is subject to a provision of this chapter or a rule adopted by the comptroller under this chapter and who vi…

Sec. 147.0152. FAILURE TO HAVE PERMIT; OFFENSE. (a) A person commits an offense if the person acts as an e-cigarette retailer and: (1) receives or possesses e-cigarettes without having a permit; (2) receives or possesses e-cigarettes without having a permit posted where it can be…