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.