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Where Nobody May Smoke

Penal Code 48.01 — a school building, an elevator, a theater, a library, a museum, a hospital, and public transit

The places. A person commits an offense by possessing a burning tobacco product, smoking tobacco, or operating an e-cigarette in a facility of a public primary or secondary school, or in an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane or train which is a public place.

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  • It is a defense that the place or conveyance did not prominently display a reasonably sized notice that smoking is prohibited by state law and that an offense is punishable by a fine not to exceed $500.
  • It is a defense that the place or conveyance was not equipped with facilities for putting out smoking materials.
  • The section does not apply to smoking, or operating an e-cigarette, only within an area designated for it, or as a participant in an authorized theatrical performance.
  • A designated smoking area on a transit system bus, or an intrastate plane or train, also takes in the area the operator occupies.

The grade. An offense under the section is punishable as a Class C misdemeanor.

The section is a list of places, not a ban on every workplace or public place. Local ordinances that go further, rules at work or in a lease, and cannabis are not on this page. Whether a particular place falls inside the section is a question for a licensed Texas attorney.

Sources for this section (1)
  1. Penal Code 48.01 — Smoking tobacco

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.

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Words in this section

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.