By Stiles H.B. No. 1127
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a commissioners court to regulate or
1-3 prohibit smoking in county facilities or other county public
1-4 places; providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 291, Local Government Code, is amended by
1-7 adding Section 291.007 to read as follows:
1-8 Sec. 291.007. COUNTY REGULATION OF SMOKING. (a) The
1-9 commissioners court of a county may regulate or prohibit smoking in
1-10 any county facility or public place owned or leased by the county,
1-11 including the county courthouse or a county office.
1-12 (b) The county commissioners of a county may regulate a
1-13 multipurpose room of the county courthouse to the exclusion of any
1-14 other elected office. "Multipurpose room" is defined to mean any
1-15 room in the courthouse that may be used for more than one purpose.
1-16 (c) A person who violates a regulation or prohibition
1-17 adopted under this section commits an offense. An offense under
1-18 this section is a Class C misdemeanor.
1-19 (d) It is a defense to prosecution under this section that
1-20 the county facility or public place in which the offense takes
1-21 place:
1-22 (1) does not have prominently displayed a reasonably
1-23 sized notice that smoking is prohibited in the facility or public
1-24 place or that explains the smoking regulations applying to the
2-1 facility or public place; or
2-2 (2) does not have accommodations for extinguishment of
2-3 smoking materials.
2-4 SECTION 2. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended,
2-9 and that this Act take effect and be in force from and after its
2-10 passage, and it is so enacted.