The Texas No Smoking poster informs patrons that smoking including e-cigarettes is not permitted in the posted area and an offense is punishable by a fine not to exceed $500. The poster also displays the international No Smoking symbol and the No E-Cigarette symbol.
Under Chapter 48 of the Texas Penal Code, smoking or operating an e-cigarette is prohibited in a facility of a public primary or secondary school, elevator, enclosed theater, library, museum, hospital, and public transportation. It is a defense to prosecution under this chapter that the conveyance or public place in which the offense takes place does not have prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance or public place and that an offense is punishable by a fine not to exceed $500.
All conveyances and public places shall be equipped with facilities for extinguishment of smoking materials and it shall be a defense to prosecution under the chapter if the conveyance or public place within which the offense takes place is not so equipped.
Posting Requirement
Displaying the Texas No Smoking poster is not required, but does serve as a defense to prosecution under the law. (Texas Penal Code, Section 48.01(b))