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.