By: Moncrief, West S.B. No. 31
A BILL TO BE ENTITLED
AN ACT
1-1 relating to minimum standards for smoking in certain public places
1-2 or at certain public meetings; creating an offense and providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
1-6 amended by adding Chapter 164 to read as follows:
1-7 CHAPTER 164. SMOKING IN STATE BUILDINGS OR MEETINGS
1-8 Sec. 164.001. PURPOSE
1-9 Sec. 164.002. DEFINITIONS
1-10 Sec. 164.003. SMOKING AT PUBLIC HEARING OR IN STATE
1-11 BUILDING; CRIMINAL PENALTY
1-12 Sec. 164.004. DESIGNATION OF SMOKING AREAS
1-13 Sec. 164.005. SIGNS
1-14 Sec. 164.006. REASONABLE EFFORT TO PREVENT SMOKING
1-15 Sec. 164.007. FACILITIES TO EXTINGUISH SMOKING MATERIALS
1-16 Sec. 164.008. ADMINISTRATION; WAIVER
1-17 Sec. 164.009. INJUNCTION
1-18 CHAPTER 164. SMOKING IN STATE BUILDINGS OR MEETINGS
1-19 Sec. 164.001. PURPOSE. The purpose of this chapter is to
1-20 protect the public health, comfort, and environment by phasing in a
1-21 prohibition of smoking in state buildings and at public hearings
1-22 held by state agencies.
1-23 Sec. 164.002. DEFINITIONS. In this chapter:
2-1 (1) "Smoke," "smokes," or "smoking" includes:
2-2 (A) carrying or holding a lighted pipe, cigar,
2-3 or cigarette of any kind or any other lighted smoking material,
2-4 equipment, or device;
2-5 (B) lighting a pipe, cigar, or cigarette of any
2-6 kind or any other smoking material, equipment, or device; or
2-7 (C) emitting or exhaling the smoke of a pipe,
2-8 cigar, or cigarette of any kind or any other smoking material,
2-9 equipment, or device.
2-10 (2) "State agency" includes an agency in any branch of
2-11 state government.
2-12 (3) "State building" means a building wholly or
2-13 partially owned or wholly leased by the state.
2-14 Sec. 164.003. SMOKING AT PUBLIC HEARING OR IN STATE
2-15 BUILDING; CRIMINAL PENALTY. (a) Prior to September 1, 1995, a
2-16 person commits an offense if the person smokes at a public hearing
2-17 conducted by a state agency or in a state building and the person
2-18 is not in an area designated as a smoking area under Section
2-19 164.004. On or after September 1, 1995, a person commits an
2-20 offense if the person smokes at a public hearing conducted by a
2-21 state agency or in a state building.
2-22 (b) Prior to September 1, 1995, it is an exception to the
2-23 application of Subsection (a) that the person is smoking in a place
2-24 in a state building for which a waiver has been granted under
2-25 Section 164.008(b).
3-1 (c) An offense under this section is a Class C misdemeanor,
3-2 unless it is shown on the trial of the defendant that the defendant
3-3 has been convicted one or more times within five years before the
3-4 trial date of a violation of this section, in which event the
3-5 offense is punishable by a fine not to exceed $500.
3-6 Sec. 164.004. DESIGNATION OF SMOKING AREAS. (a) Prior to
3-7 September 1, 1995, and except as provided by Subsection (d), if the
3-8 chief executive of a state agency decides to permit persons in
3-9 parts of a state building occupied by that agency to smoke, the
3-10 chief executive or the chief executive's designee shall designate
3-11 areas as smoking areas. The lieutenant governor or speaker of the
3-12 house of representatives or their designees, as appropriate, may
3-13 designate areas as smoking areas in buildings occupied by the
3-14 legislature. On and after September 1, 1995, no part of a state
3-15 building occupied by a state agency may be designated a smoking
3-16 area.
3-17 (b) The designation of smoking areas does not require an
3-18 agency to make structural or physical modifications to accommodate
3-19 the smoking areas, but existing physical barriers and ventilation
3-20 systems shall be used to minimize the effects of smoke in adjacent
3-21 nonsmoking areas.
3-22 (c) Each state agency shall develop, implement, and maintain
3-23 a written smoking policy that accommodates the wishes of smoking
3-24 and nonsmoking employees by designating smoking and nonsmoking
3-25 areas. If a dispute arises, the preferences of nonsmokers shall be
4-1 accommodated. This chapter does not prohibit a state agency from
4-2 designating a place of employment in its entirety as a nonsmoking
4-3 area.
4-4 (d) A smoking area may not be designated in:
4-5 (1) an elevator;
4-6 (2) a rest room;
4-7 (3) a service line, cashier area, over-the-counter
4-8 sales area, or common traffic area; or
4-9 (4) a place in which smoking is prohibited by the fire
4-10 marshal of the state or a political subdivision or by other law,
4-11 ordinance, or rule.
4-12 Sec. 164.005. SIGNS. (a) Each state agency occupying a
4-13 state building shall place signs visible at each entrance to an
4-14 area in the state building occupied by the agency to notify persons
4-15 entering the premises that smoking is prohibited or, prior to
4-16 September 1, 1995, that smoking is prohibited except in areas
4-17 designated as smoking areas.
4-18 (b) The person responsible for designating smoking areas in
4-19 a state building shall post in a conspicuous place in any area
4-20 designated as a smoking area signs stating that smoking is
4-21 permitted in the area. The person may post signs in the premises
4-22 stating "No Smoking" or "No Smoking Except in Designated Areas" as
4-23 appropriate. By September 1, 1995, each "No Smoking Except in
4-24 Designated Areas" sign shall be replaced by a "No Smoking" sign.
4-25 Sec. 164.006. REASONABLE EFFORT TO PREVENT SMOKING. (a) A
5-1 person authorized to designate smoking areas under Section
5-2 164.004(a) shall make a reasonable effort to prevent smoking by:
5-3 (1) designating any areas where smoking will be
5-4 permitted as required by Section 164.004;
5-5 (2) posting signs as required by Section 164.005; and
5-6 (3) asking smokers to refrain from smoking in all
5-7 nonsmoking areas on request of a client, patron, or employee
5-8 suffering discomfort from the smoke.
5-9 (b) If a smoker refuses to comply with a request to refrain
5-10 from smoking, an affected person may bring an action as provided by
5-11 Section 164.009.
5-12 (c) This section expires September 1, 1995.
5-13 Sec. 164.007. FACILITIES TO EXTINGUISH SMOKING MATERIALS.
5-14 (a) All state buildings shall be equipped with facilities for
5-15 extinguishing smoking materials.
5-16 (b) Facilities for extinguishing smoking materials that are
5-17 located in areas of state buildings other than designated smoking
5-18 areas shall be accompanied by clearly visible signs stating "No
5-19 Smoking."
5-20 Sec. 164.008. ADMINISTRATION; WAIVER. (a) The board shall
5-21 adopt rules necessary under this chapter and shall implement and
5-22 determine compliance with this chapter.
5-23 (b) Prior to September 1, 1995, the commissioner may, on
5-24 request of a person authorized to designate smoking areas under
5-25 Section 164.004(a), waive the requirements of this chapter if the
6-1 commissioner determines that there are compelling reasons to do so
6-2 and that the waiver will not significantly affect the health and
6-3 comfort of nonsmokers. No waiver may be granted on or after
6-4 September 1, 1995.
6-5 Sec. 164.009. INJUNCTION. The board, another state agency,
6-6 or any affected person may bring an action in any court of
6-7 competent jurisdiction to enjoin a violation of this chapter.
6-8 SECTION 2. Each state agency required to adopt a written
6-9 smoking policy under Subsection (c), Section 164.004, Health and
6-10 Safety Code, as added by this Act, shall adopt the policy not later
6-11 than January 1, 1994.
6-12 SECTION 3. This Act takes effect September 1, 1993.
6-13 SECTION 4. The importance of this legislation and the
6-14 crowded condition of the calendars in both houses create an
6-15 emergency and an imperative public necessity that the
6-16 constitutional rule requiring bills to be read on three several
6-17 days in each house be suspended, and this rule is hereby suspended.