Texas Health and Safety Code 161.453 – Age Verification Requirement
(a) A person may not mail or ship cigarettes in connection with a delivery sale order unless before mailing or shipping the cigarettes the person accepting the delivery sale order first:
(1) obtains from the prospective customer a certification that includes:
(A) reliable confirmation that the purchaser is at least 21 years of age; and
(B) a statement signed by the prospective purchaser in writing and under penalty of law:
(i) certifying the prospective purchaser’s address and date of birth;
(ii) confirming that the prospective purchaser understands that signing another person’s name to the certification is illegal, that sales of cigarettes to an individual under the age prescribed by § 161.082 are illegal under state law, and that the purchase of cigarettes by an individual under that age is illegal under state law; and
(iii) confirming that the prospective purchaser wants to receive mailings from a tobacco company;
(2) makes a good faith effort to verify the information contained in the certification provided by the prospective purchaser under Subdivision (1) against a commercially available database or obtains a photocopy or other image of a government-issued identification bearing a photograph of the prospective purchaser and stating the date of birth or age of the prospective purchaser;
(3) sends to the prospective purchaser, by e-mail or other means, a notice that complies with § 161.454; and
(4) for an order made over the Internet or as a result of an advertisement, receives payment for the delivery sale from the prospective purchaser by a credit or debit card that has been issued in the purchaser’s name or by check.
(b) A person taking a delivery sale order may request that a prospective purchaser provide the purchaser’s e-mail address.
Terms Used In Texas Health and Safety Code 161.453
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A person may not mail or ship e-cigarettes in connection with a delivery sale order unless before accepting a delivery sale order the person verifies that the prospective purchaser is at least 21 years of age through a commercially available database or aggregate of databases that is regularly used for the purpose of age and identity verification. After the order is accepted, the person must use a method of mailing or shipping that requires an adult signature.
(d) A retailer in this state that otherwise complies with applicable laws relating to retail sales and primarily sells e-cigarettes may comply with Subsection (c) by:
(1) verifying the age of the prospective purchaser with a commercially available database or a photocopy or other image of a government-issued identification bearing a photograph of the prospective purchaser and stating the date of birth or age of the prospective purchaser;
(2) obtaining a written statement signed by the prospective purchaser, under penalty of law, certifying the prospective purchaser’s address and date of birth; and
(3) receiving payment for the delivery sale from the prospective purchaser by a credit card or debit card that has been issued in the prospective purchaser’s name or by a check that is associated with a bank account in the prospective purchaser’s name.