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
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