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
3-64 -------------------------------------------------------------------
3-65 FOR AGAINST ON
3-66 ___________________________________________________________________
3-67 Name: Sylvia Ostos x
3-68 Representing: Texas PTA
3-69 City: Corpus Christi
3-70 -------------------------------------------------------------------
4-1 Name: Emily Untermeyer x
4-2 Representing: Texas Cancer Council
4-3 City: Austin
4-4 -------------------------------------------------------------------
4-5 Name: Susan Pitman x
4-6 Representing: The Chemical Connection
4-7 City: Wimberly
4-8 -------------------------------------------------------------------
4-9 Name: Rebecca Herron x
4-10 Representing: Self
4-11 City: Austin
4-12 -------------------------------------------------------------------