1-1  By:  Moncrief                                           S.B. No. 31
    1-2        (In the Senate - Filed November 13, 1992; January 13, 1993,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  April 26, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 3; April 26, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Harris of Dallas           x                       
   1-10        Rosson             x                               
   1-11        Carriker           x                               
   1-12        Henderson                  x                       
   1-13        Leedom             x                               
   1-14        Lucio              x                               
   1-15        Luna                                           x   
   1-16        Nelson                     x                       
   1-17        Patterson          x                               
   1-18        Shelley            x                               
   1-19        Sibley             x                               
   1-20        West                                           x   
   1-21        Whitmire                                       x   
   1-22  COMMITTEE SUBSTITUTE FOR S.B. No. 31                    By:  Rosson
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to minimum standards for smoking in certain public places
   1-26  or at certain public meetings; creating an offense and providing
   1-27  penalties.
   1-28        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-29        SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is
   1-30  amended by adding Chapter 164 to read as follows:
   1-31         CHAPTER 164.  SMOKING IN STATE BUILDINGS OR MEETINGS
   1-32  Sec. 164.001.  PURPOSE
   1-33  Sec. 164.002.  DEFINITIONS
   1-34  Sec. 164.003.  SMOKING AT PUBLIC HEARING OR IN STATE
   1-35                 BUILDING; CRIMINAL PENALTY
   1-36  Sec. 164.004.  DESIGNATION OF SMOKING AREAS
   1-37  Sec. 164.005.  SIGNS
   1-38  Sec. 164.006.  REASONABLE EFFORT TO PREVENT SMOKING
   1-39  Sec. 164.007.  FACILITIES TO EXTINGUISH SMOKING MATERIALS
   1-40  Sec. 164.008.  ADMINISTRATION; WAIVER
   1-41  Sec. 164.009.  INJUNCTION
   1-42         CHAPTER 164.  SMOKING IN STATE BUILDINGS OR MEETINGS
   1-43        Sec. 164.001.  PURPOSE.  The purpose of this chapter is to
   1-44  protect the public health, comfort, and environment by phasing in a
   1-45  prohibition of smoking in state buildings and at public hearings
   1-46  held by state agencies.
   1-47        Sec. 164.002.  DEFINITIONS.  In this chapter:
   1-48              (1)  "Smoke," "smokes," or "smoking" includes:
   1-49                    (A)  carrying or holding a lighted pipe, cigar,
   1-50  or cigarette of any kind or any other lighted smoking material,
   1-51  equipment, or device;
   1-52                    (B)  lighting a pipe, cigar, or cigarette of any
   1-53  kind or any other smoking material, equipment, or device; or
   1-54                    (C)  emitting or exhaling the smoke of a pipe,
   1-55  cigar, or cigarette of any kind or any other smoking material,
   1-56  equipment, or device.
   1-57              (2)  "State agency" includes an agency in any branch of
   1-58  state government.
   1-59              (3)  "State  building" means a building wholly or
   1-60  partially owned or wholly leased by the state.
   1-61        Sec. 164.003.  SMOKING AT PUBLIC HEARING OR IN STATE
   1-62  BUILDING; CRIMINAL PENALTY.  (a)  Prior to September 1, 1995, a
   1-63  person commits an offense if the person smokes at a public hearing
   1-64  conducted by a state agency or in a state building and the person
   1-65  is not in an area designated as a smoking area under Section
   1-66  164.004.  On or after September 1, 1995, a person commits an
   1-67  offense if the person smokes at a public hearing conducted by a
   1-68  state agency or in a state building.
    2-1        (b)  Prior to September 1, 1995, it is an exception to the
    2-2  application of Subsection (a) that the person is smoking in a place
    2-3  in a state building for which a waiver has been granted under
    2-4  Section 164.008(b).
    2-5        (c)  An offense under this section is a Class C misdemeanor,
    2-6  unless it is shown on the trial of the defendant that the defendant
    2-7  has been convicted one or more times within five years before the
    2-8  trial date of a violation of this section, in which event the
    2-9  offense is punishable by a fine not to exceed $500.
   2-10        Sec. 164.004.  DESIGNATION OF SMOKING AREAS.  (a)  Prior to
   2-11  September 1, 1995, and except as provided by Subsection (d), if the
   2-12  chief executive of a state agency decides to permit persons in
   2-13  parts of a state building occupied by that agency to smoke, the
   2-14  chief executive or the chief executive's designee shall designate
   2-15  areas as smoking areas.  The lieutenant governor or speaker of the
   2-16  house of representatives or their designees, as appropriate, may
   2-17  designate areas as smoking areas in buildings occupied by the
   2-18  legislature.  On and after September 1, 1995, no part of a state
   2-19  building occupied by a state agency may be designated a smoking
   2-20  area.
   2-21        (b)  The designation of smoking areas does not require an
   2-22  agency to make structural or physical modifications to accommodate
   2-23  the smoking areas, but existing physical barriers and ventilation
   2-24  systems shall be used to minimize the effects of smoke in adjacent
   2-25  nonsmoking areas.
   2-26        (c)  Each state agency shall develop, implement, and maintain
   2-27  a written smoking policy that accommodates the wishes of smoking
   2-28  and nonsmoking employees by designating smoking and nonsmoking
   2-29  areas.  If a dispute arises, the preferences of nonsmokers shall be
   2-30  accommodated.  This chapter does not prohibit a state agency from
   2-31  designating a place of employment in its entirety as a nonsmoking
   2-32  area.
   2-33        (d)  A smoking area may not be designated in:
   2-34              (1)  an elevator;
   2-35              (2)  a rest room;
   2-36              (3)  a service line, cashier area, over-the-counter
   2-37  sales area, or common traffic area; or
   2-38              (4)  a place in which smoking is prohibited by the fire
   2-39  marshal of the state or a political subdivision or by other law,
   2-40  ordinance, or rule.
   2-41        Sec. 164.005.  SIGNS.  (a)  Each state agency occupying a
   2-42  state building shall place signs visible at each entrance to an
   2-43  area in the state building occupied by the agency to notify persons
   2-44  entering the premises that smoking is prohibited or, prior to
   2-45  September 1, 1995, that smoking is prohibited except in areas
   2-46  designated as smoking areas.
   2-47        (b)  The person responsible for designating smoking areas in
   2-48  a state building shall post in a conspicuous place in any area
   2-49  designated as a smoking area signs stating that smoking is
   2-50  permitted in the area.  The person may post signs in the premises
   2-51  stating "No Smoking" or "No Smoking Except in Designated Areas" as
   2-52  appropriate.  By September 1, 1995, each "No Smoking Except in
   2-53  Designated Areas" sign shall be replaced by a "No Smoking" sign.
   2-54        Sec. 164.006.  REASONABLE EFFORT TO PREVENT SMOKING.  (a)  A
   2-55  person authorized to designate smoking areas under Section
   2-56  164.004(a) shall make a reasonable effort to prevent smoking by:
   2-57              (1)  designating any areas where smoking will be
   2-58  permitted as required by Section 164.004;
   2-59              (2)  posting signs as required by Section 164.005; and
   2-60              (3)  asking smokers to refrain from smoking in all
   2-61  nonsmoking areas on request of a client, patron, or employee
   2-62  suffering discomfort from the smoke.
   2-63        (b)  If a smoker refuses to comply with a request to refrain
   2-64  from smoking, an affected person may bring an action as provided by
   2-65  Section 164.009.
   2-66        (c)  This section expires September 1,  1995.
   2-67        Sec. 164.007.  FACILITIES TO EXTINGUISH SMOKING MATERIALS.
   2-68  (a)  All state buildings shall be equipped with facilities for
   2-69  extinguishing smoking materials.
   2-70        (b)  Facilities for extinguishing smoking materials that are
    3-1  located in areas of state buildings other than designated smoking
    3-2  areas shall be accompanied by clearly visible signs stating "No
    3-3  Smoking."
    3-4        Sec. 164.008.  ADMINISTRATION; WAIVER.  (a)  The board shall
    3-5  adopt rules necessary under this chapter and shall implement and
    3-6  determine compliance with this chapter.
    3-7        (b)  Prior to September 1, 1995, the commissioner may, on
    3-8  request of a person authorized to designate smoking areas under
    3-9  Section 164.004(a), waive the requirements of this chapter if the
   3-10  commissioner determines that there are compelling reasons to do so
   3-11  and that the waiver will not significantly affect the health and
   3-12  comfort of nonsmokers.  No waiver may be granted on or after
   3-13  September 1, 1995.
   3-14        Sec. 164.009.  INJUNCTION.  The board, another state agency,
   3-15  or any affected person may bring an action in any court of
   3-16  competent jurisdiction to enjoin a violation of this chapter.
   3-17        SECTION 2.  Each state agency required to adopt a written
   3-18  smoking policy under Subsection (c), Section 164.004, Health and
   3-19  Safety Code, as added by this Act, shall adopt the policy not later
   3-20  than January 1, 1994.
   3-21        SECTION 3.  This Act takes effect September 1, 1993.
   3-22        SECTION 4.  The importance of this legislation and the
   3-23  crowded condition of the calendars in both houses create an
   3-24  emergency and an imperative public necessity that the
   3-25  constitutional rule requiring bills to be read on three several
   3-26  days in each house be suspended, and this rule is hereby suspended.
   3-27                               * * * * *
   3-28                                                         Austin,
   3-29  Texas
   3-30                                                         April 26, 1993
   3-31  Hon. Bob Bullock
   3-32  President of the Senate
   3-33  Sir:
   3-34  We, your Committee on State Affairs to which was referred S.B. No.
   3-35  31, have had the same under consideration, and I am instructed to
   3-36  report it back to the Senate with the recommendation that it do not
   3-37  pass, but that the Committee Substitute adopted in lieu thereof do
   3-38  pass and be printed.
   3-39                                                         Harris of
   3-40  Dallas, Chairman
   3-41                               * * * * *
   3-42                               WITNESSES
   3-43                                                  FOR   AGAINST  ON
   3-44  ___________________________________________________________________
   3-45  Name:  Matt Blackstock, M.D.                     x
   3-46  Representing:  Texas Academy of Family Physician
   3-47  City:  Austin
   3-48  -------------------------------------------------------------------
   3-49  Name:  Justine Strand                            x
   3-50  Representing:  Texas Academy of Physician Assit
   3-51  City:  Austin
   3-52  -------------------------------------------------------------------
   3-53  Name:  David Marwitz                             x
   3-54  Representing:  Texas Hospital Assn
   3-55  City:  Austin
   3-56  -------------------------------------------------------------------
   3-57  Name:  Douglas Terry                             x
   3-58  Representing:  Texas Medical Assn
   3-59  City:  Austin
   3-60  -------------------------------------------------------------------
   3-61  Name:  Kae McLaughlin                            x
   3-62  Representing:  American Heart Assn
   3-63  City:  Austin
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   3-65                                                  FOR   AGAINST  ON
   3-66  ___________________________________________________________________
   3-67  Name:  Sylvia Ostos                              x
   3-68  Representing:  Texas PTA
   3-69  City:  Corpus Christi
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    4-1  Name:  Emily Untermeyer                                        x
    4-2  Representing:  Texas Cancer Council
    4-3  City:  Austin
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    4-5  Name:  Susan Pitman                              x
    4-6  Representing:  The Chemical Connection
    4-7  City:  Wimberly
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    4-9  Name:  Rebecca Herron                            x
   4-10  Representing:  Self
   4-11  City:  Austin
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