In Texas, a person commits an offense 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.[i]

The person charged with such violation of the smoking regulation can take put as a valid defense that that the conveyance or public place in which the offense took place does not have prominently displayed a reasonably sized notice stating that smoking is prohibited by state law in such conveyance or public place.[ii]  The sign should also state that the offense is punishable by a fine not to exceed $ 500.

The conveyances and public places should be equipped with facilities for extinguishment of smoking materials.[iii]  The fact that the public place or conveyance within which the offense takes place is not so equipped shall be a defense for a person who is charged with violation of such regulation. 

Smoking is however allowed in Texas within an area designated for smoking tobacco.[iv]  A participant of a theatrical performance can also smoke on stage if such smoking is done as part of the theatrical performance.  The offense of smoking is punishable as a Class C misdemeanor in Texas.[v]

[i] Tex. Penal Code § 48.01(a)

[ii] Tex. Penal Code § 48.01(b)

[iii] Tex. Penal Code § 48.01(c)

[iv] Tex. Penal Code § 48.01(d)

[v] Tex. Penal Code § 48.01(f)