Statewide Law: No Explicit Ban on Vaping While Driving
There is no specific Texas state law that makes it illegal for adults to vape while driving a vehicle. Texas law restricts vaping in certain public places—such as schools, childcare facilities, and some public transportation—but does not directly address vaping behind the wheel for the general public.
Key Points to Know
- No Direct Prohibition: Texas does not have a statewide law that explicitly bans vaping while driving for adults.
- Minors and Vaping: It is illegal for anyone under 21 to purchase, possess, or use e-cigarettes in Texas, with limited exceptions for military personnel. Minors caught vaping may face fines, mandatory education programs, or even license suspension.
- Vaping with Minors in the Car: Unlike some states (e.g., Vermont), Texas does not have a law that specifically bans vaping in a car when minors are present.
- Local Ordinances: Some Texas cities have stricter rules about vaping in public places, but these generally do not extend to private vehicles unless the vehicle is being used for public transportation.
Traffic Laws Still Apply
Even though vaping while driving is not specifically illegal, general traffic safety laws apply:
- If vaping distracts you or obstructs your vision (for example, by producing large clouds of vapor), you could be cited for distracted driving or driving without due care and attention.
- If vaping leads to an accident or impairs your ability to drive safely, you could face legal consequences under existing traffic laws.
Vaping During Driving Tests
Vaping is banned while taking a driving test in Texas.
Summary Table
| Situation | Legal Status in Texas |
|---|---|
| Adult vaping while driving | Not specifically illegal |
| Minor vaping while driving | Illegal (under 21, except military) |
| Vaping with minors in the car | Not specifically illegal |
| Vaping during driving test | Illegal |
| Vaping that causes distracted driving | Can be cited under traffic laws |
It is not illegal for adults to vape and drive in Texas, but you can be cited if vaping distracts you or impairs your driving. Minors are prohibited from vaping at all, and vaping is banned during driving tests. Always use caution, as distracted driving laws still apply.
Sources
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/tx
- https://www.podsalt.com/blog/post/are-you-risking-your-license-by-vaping-in-the-car
- https://www.thewebbfirm.com/posts/legal-consequences-of-vaping-in-texas/
- https://www.dshs.texas.gov/sites/default/files/legislative/2025-Reports/2025-Electric-Cigarette-E-Cigarette-Report.pdf
- https://attorneybrianwhite.com/blog/vaping-laws-in-texas/
