By: Moncrief 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 prohibiting
1-21 smoking in state buildings and at public hearings held by state
1-22 agencies except in designated smoking areas.
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) A person commits an offense if
2-16 the person smokes at a public hearing conducted by a state agency
2-17 or in a state building and the person is not in an area designated
2-18 as a smoking area under Section 164.004.
2-19 (b) It is an exception to the application of Subsection (a)
2-20 that the person is smoking in a place in a state building for which
2-21 a waiver has been granted under Section 164.008(b).
2-22 (c) An offense under this section is a Class C misdemeanor,
2-23 unless it is shown on the trial of the defendant that the defendant
2-24 has been convicted one or more times within five years before the
2-25 trial date of a violation of this section, in which event the
3-1 offense is punishable by a fine not to exceed $500.
3-2 Sec. 164.004. DESIGNATION OF SMOKING AREAS. (a) Except as
3-3 provided by Subsection (d), if the chief executive of a state
3-4 agency decides to permit persons in parts of a state building
3-5 occupied by that agency to smoke, the chief executive or the chief
3-6 executive's designee shall designate areas as smoking areas. The
3-7 lieutenant governor or speaker of the house of representatives or
3-8 their designees, as appropriate, may designate areas as smoking
3-9 areas in buildings occupied by the legislature.
3-10 (b) The designation of smoking areas does not require an
3-11 agency to make structural or physical modifications to accommodate
3-12 the smoking areas, but existing physical barriers and ventilation
3-13 systems shall be used to minimize the effects of smoke in adjacent
3-14 nonsmoking areas.
3-15 (c) Each state agency shall develop, implement, and maintain
3-16 a written smoking policy that accommodates the wishes of smoking
3-17 and nonsmoking employees by designating smoking and nonsmoking
3-18 areas. If a dispute arises, the preferences of nonsmokers shall be
3-19 accommodated. This chapter does not prohibit a state agency from
3-20 designating a place of employment in its entirety as a nonsmoking
3-21 area.
3-22 (d) A smoking area may not be designated in:
3-23 (1) an elevator;
3-24 (2) a rest room;
3-25 (3) a service line, cashier area, over-the-counter
4-1 sales area, or common traffic area; or
4-2 (4) a place in which smoking is prohibited by the fire
4-3 marshal of the state or a political subdivision or by other law,
4-4 ordinance, or rule.
4-5 Sec. 164.005. SIGNS. (a) Each state agency occupying a
4-6 state building shall place signs visible at each entrance to an
4-7 area in the state building occupied by the agency to notify persons
4-8 entering the premises that smoking is prohibited or that smoking is
4-9 prohibited except in areas designated as smoking areas.
4-10 (b) The person responsible for designating smoking areas in
4-11 a state building shall post in a conspicuous place in any area
4-12 designated as a smoking area signs stating that smoking is
4-13 permitted in the area. The person may post signs in the premises
4-14 stating "No Smoking" or "No Smoking Except in Designated Areas" as
4-15 appropriate.
4-16 Sec. 164.006. REASONABLE EFFORT TO PREVENT SMOKING. (a) A
4-17 person authorized to designate smoking areas under Section
4-18 164.004(a) shall make a reasonable effort to prevent smoking by:
4-19 (1) designating any areas where smoking will be
4-20 permitted as required by Section 164.004;
4-21 (2) posting signs as required by Section 164.005; and
4-22 (3) asking smokers to refrain from smoking in all
4-23 nonsmoking areas on request of a client, patron, or employee
4-24 suffering discomfort from the smoke.
4-25 (b) If a smoker refuses to comply with a request to refrain
5-1 from smoking, an affected person may bring an action as provided by
5-2 Section 164.009.
5-3 Sec. 164.007. FACILITIES TO EXTINGUISH SMOKING MATERIALS.
5-4 (a) All state buildings shall be equipped with facilities for
5-5 extinguishing smoking materials.
5-6 (b) Facilities for extinguishing smoking materials that are
5-7 located in areas of state buildings other than designated smoking
5-8 areas shall be accompanied by clearly visible signs stating "No
5-9 Smoking."
5-10 Sec. 164.008. ADMINISTRATION; WAIVER. (a) The board shall
5-11 adopt rules necessary under this chapter and shall implement and
5-12 determine compliance with this chapter.
5-13 (b) The commissioner may, on request of a person authorized
5-14 to designate smoking areas under Section 164.004(a), waive the
5-15 requirements of this chapter if the commissioner determines that
5-16 there are compelling reasons to do so and that the waiver will not
5-17 significantly affect the health and comfort of nonsmokers.
5-18 Sec. 164.009. INJUNCTION. The board, another state agency,
5-19 or any affected person may bring an action in any court of
5-20 competent jurisdiction to enjoin a violation of this chapter.
5-21 SECTION 2. Each state agency required to adopt a written
5-22 smoking policy under Subsection (c), Section 164.004, Health and
5-23 Safety Code, as added by this Act, shall adopt the policy not later
5-24 than January 1, 1994.
5-25 SECTION 3. This Act takes effect September 1, 1993.
6-1 SECTION 4. The importance of this legislation and the
6-2 crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended.