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 -------------------------------------------------------------------