Can You Legally Smoke a Cigarette in Your Car in Texas if Someone Under the Age of 18 is With You?

The discussion of smoking can be a touchy subject for many, especially in Texas. For those who smoke, they hate the restrictions put on them of where they can smoke. For non smokers, they wish the habit and the sell of tobacco would just go away. Despite the many health warnings involving the use of tobacco products, there are some who choose to ignore it and enjoy a smoke anyway. For some states, however, you could be ticketed for smoking around a minor in a certain situation. Is Texas one of those states?

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I am a Former Smoker

I quit smoking almost five years ago. It was one of the best decisions of my life both for my health and for my wallet. Granted, I have the urge to pick up a cigarette every day. As quickly as that urge pops up, it goes away. No, I did not pick up vaping as a substitute. That's just trading one bad and expensive habit for another. Yes, I did gain some weight. No, I'm not one of those people who fake coughs when someone is smoking close to me. I still love the smell and will probably walk by on purpose to get a whiff.

I Didn't Smoke with a Kid in the Car

But even when I did smoke, I did not light up when there was a kid in the car. That's not right to subject them to that. There are nine states that took up that cause and passed legislation to make it a fineable offense if caught smoking with a minor in the vehicle with you.

• Arkansas
• California
• Louisiana
• Illinois
• Maine
• Oregon
• Utah
• Vermont
• Virginia

Wait. Texas isn't on the list? Nope.

That's not to say that the Texas Legislature hasn't tried. In 2015, HB 461 was presented but never passed. It would have called for a fine of up to $500 for anyone caught smoking in their vehicle with a child who needed to be in a child safety seat.

No matter if its a law in Texas or not, if you're a smoker and have kids, don't smoke in the car with them. You know how dangerous smoking is so don't pass that on to your little ones. Wait till you get home and can enjoy one on the back porch.