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 -------------------------------------------------------------------