1-1 By: Stiles (Senate Sponsor - Ellis) H.B. No. 1127
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 18, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 26, 1993, reported favorably by
1-5 the following vote: Yeas 6, Nays 1; May 26, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to the authority of a commissioners court to regulate or
1-23 prohibit smoking in county facilities or other county public
1-24 places; providing a penalty.
1-25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-26 SECTION 1. Chapter 291, Local Government Code, is amended by
1-27 adding Section 291.007 to read as follows:
1-28 Sec. 291.007. COUNTY REGULATION OF SMOKING. (a) The
1-29 commissioners court of a county may regulate or prohibit smoking in
1-30 any county facility or public place owned or leased by the county,
1-31 including the county courthouse or a county office.
1-32 (b) The county commissioners of a county may regulate a
1-33 multipurpose room of the county courthouse to the exclusion of any
1-34 other elected office. "Multipurpose room" is defined to mean any
1-35 room in the courthouse that may be used for more than one purpose.
1-36 (c) A person who violates a regulation or prohibition
1-37 adopted under this section commits an offense. An offense under
1-38 this section is a Class C misdemeanor.
1-39 (d) It is a defense to prosecution under this section that
1-40 the county facility or public place in which the offense takes
1-41 place:
1-42 (1) does not have prominently displayed a reasonably
1-43 sized notice that smoking is prohibited in the facility or public
1-44 place or that explains the smoking regulations applying to the
1-45 facility or public place; or
1-46 (2) does not have accommodations for extinguishment of
1-47 smoking materials.
1-48 SECTION 2. The importance of this legislation and the
1-49 crowded condition of the calendars in both houses create an
1-50 emergency and an imperative public necessity that the
1-51 constitutional rule requiring bills to be read on three several
1-52 days in each house be suspended, and this rule is hereby suspended,
1-53 and that this Act take effect and be in force from and after its
1-54 passage, and it is so enacted.
1-55 * * * * *
1-56 Austin,
1-57 Texas
1-58 May 26, 1993
1-59 Hon. Bob Bullock
1-60 President of the Senate
1-61 Sir:
1-62 We, your Committee on Intergovernmental Relations to which was
1-63 referred H.B. No. 1127, have had the same under consideration, and
1-64 I am instructed to report it back to the Senate with the
1-65 recommendation that it do pass and be printed.
1-66 Armbrister,
1-67 Chairman
1-68 * * * * *
2-1 WITNESSES
2-2 FOR AGAINST ON
2-3 ___________________________________________________________________
2-4 Name: William D. Power x
2-5 Representing: County Judges & Commissioners
2-6 City: Marshall
2-7 -------------------------------------------------------------------
2-8 Name: Susan Wendel x
2-9 Representing: Tx Assoc. of Counties
2-10 City: Austin
2-11 -------------------------------------------------------------------
2-12 Name: Jann Phenix x
2-13 Representing: Travis County
2-14 City: Austin
2-15 -------------------------------------------------------------------
2-16 Name: Jim Allsion x
2-17 Representing: County Judges & Commissioners
2-18 City: Austin
2-19 -------------------------------------------------------------------