[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
E-cigarette or electronic cigarette or electronic smoking device
means any electronic or battery-operated device, the use of which resembles smoking, that can be used to deliver an inhalable dose of nicotine or other substances by delivering a vaporized solution. "E-Cigarette," "electronic cigarette," or "electronic smoking device" includes any such electronic smoking device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. "E-Cigarette," "electronic cigarette," or "electronic smoking device" does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of disease.
Minor
shall mean a person younger than 18 years of age.
Person
shall mean an individual, corporation, sole proprietorship, and any other type of business entity recognized under Texas law.
(Ordinance 3305, § 1, adopted 7/14/2014)
(a) 
A person commits an offense if the person sells, gives or causes to be sold or given an electronic smoking device to a minor or to a person who intends to deliver it to a minor.
(b) 
If the offense under this section occurs in connection with a sale of an electronic smoking device at a business by an employee of the business, the employee who committed the offense is subject to prosecution.
(c) 
It is a defense to prosecution under subsection (b) that at the time of the sale, the minor presented the person with an apparently valid proof of identification showing the minor was at least 18 years of age.
(d) 
A proof of identification satisfies the requirements of subsection (c) if it contains the name of the minor, a photograph resembling the appearance of the minor and was issued by a state or federal government agency.
(e) 
It is not a defense under this section that the minor purchased the electronic smoking device from a vending machine or other self-service merchandising mechanism if the machine or mechanism was located on the premises of the person.
(Ordinance 3305, § 1, adopted 7/14/2014)
(a) 
A minor commits an offense if the minor possesses, purchases or attempts to purchase an electronic smoking device.
(b) 
A minor commits an offense if the minor falsely represents himself or herself to be 18 years of age or older for the purpose of purchasing or receiving an electronic smoking device.
(c) 
It shall be a defense to prosecution for a violation of this section if at the time of the purchase, the minor:
(1) 
Was in the presence of an adult parent or legal guardian of the minor;
(2) 
Was in the course of scope of the minor's employment and the purchase of the electronic smoking device was a part of the duties of such employment; or
(3) 
Was participating in an inspection or test of compliance in conjunction with local law enforcement.
(Ordinance 3305, § 1, adopted 7/14/2014)