BILL ANALYSIS



C.S.H.B. 2973
By: Seidlits
04-21-95
Committee Report (Substituted)


BACKGROUND

Many cities in Texas require designated smoking and non-smoking
sections as well as notice regarding the designation of smoking and
non-smoking areas. Most ordinances specifically provide that in
order to comply, no modifications to current physical structures or
ventilation systems are required. However, the recent trend is
toward expensive alterations of ventilation systems in order for
smoking to be allowed. Differing standards in metro areas have led
to concerns among those subject to these restrictions that their
smoking clientele will frequent nearby areas not covered by a
smoking ordinance.

PURPOSE

CSHB 2973 prohibits smoking in public places and in places of
employment except in designated areas.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subtitle H, Title 2, Health and Safety Code by
           adding Chapter 165 SMOKING IN PUBLIC PLACES AND PLACES
           OF EMPLOYMENT as follows:
           Sec. 165.001 PURPOSE sets forth the purpose of this Act.

           Sec, 165.002 DEFINITIONS defines "Bar", "Designated
           smoking area", "Employer", "Hospital", "Indoor
           facility", "Long-term care facility", "Nonsmoking area",
           Place of Employment", "Private enclosed office",
           "Private function", "Public place", "Restaurant",
           "Retail or service establishment", "Retail tobacco
           store", "Smoke or Smokes", "Smoking" and "Tobacco
           business."

           Sec. 165.003 SMOKING PROHIBITED IN PUBLIC PLACE OR PLACE
           OF EMPLOYMENT prohibits smoking in a public place or
           place of employment. Provides for a list of places which
           may not be designated as smoking areas. An offense under
           this section is classified as a Class C misdemeanor.

           Sec 165.004 EXCEPTIONS provides for exceptions to which
           this act shall not apply.

           Sec 165.005 DESIGNATED SMOKING AREAS IN RESTAURANT
           allows for restaurants with indoor seating capacities
           greater than 50 to designate smoking sections.  Such
           sections may not comprise more than 50 percent of the
           indoor seating area.  The nonsmoking area in a
           restaurant must be separated, where feasible, from a
           smoking area by at least four feet.  Nonsmoking area
           must also be ventilated, where feasible, and situated
           so that air from the smoking section is not drawn into
           or across the nonsmoking area, and shall comply with the
           notice provisions in Sec. 165.006.
           
           Sec. 165.006 NOTICE requires actual notice or signage
           designating smoking areas.

           Sec. 165.007 EMPLOYER SMOKING POLICIES provides that
           employers who employ one or more full time persons,
           except domestic employees, shall designate common work
           areas or rooms as nonsmoking unless all employees
           working in those areas agree to permit smoking. 
           Outlines guidelines for designating non-smoking areas.
           Employers must also provide for contiguous nonsmoking
           areas in employee cafeteria and lunchrooms.  Each
           employer must adopt a written employee smoking policy
           that applies in places other than public areas.  This
           chapter does not prohibit an employer from designating
           an entire place of employment as a nonsmoking area.

           Sec. 165.008 LIMITATIONS ON STRUCTURAL MODIFICATIONS
           clarifies that this Act does not require structural
           changes.  Existing barriers and ventilation systems
           shall be used, to the extent possible, to keep smoke
           from drifting out of the smoking area.

           Sec. 165.009 STATEWIDE UNIFORMITY requires uniform and
           equitable implementation and enforcement statewide. 
           This chapter does not supersede local regulations that
           became effective before January 1, 1994 or any other
           state law.

           Sec. 165.010 PENALTY.  A person commits an offense if
           the person fails to comply with this chapter.  An
           offense under this section is a Class C misdemeanor.

SECTION 2. Repeals the following:
           (1) Section 48.01, Penal Code.
           (2) Section 2, Chapter 290, Acts of the 64th
           Legislature, Regular Session, 1975.

SECTION 3. Grandfather clause relating to the repeal of Section
           48.01, Penal Code.

SECTION 4. Effective date: September 1, 1995.

SECTION 5. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute makes the following changes to the original bill: 

In Sec. 165.004 EXCEPTIONS, the original included a hotel or motel
room rented to a guest and a private hospital room designated as a
smoking area as long as other patients in the room consent in the
list of exceptions to Section 165.003(a).  In the same Section, the
substitute clarifies language to provide that Section 165.003(a)
does not apply to a designated smoking area in a controlled in
whole or part by a branch of state government.

The substitute also adds Sec. 165.010 PENALTY, to the original
bill.   

SUMMARY OF COMMITTEE ACTION

Pursuant to public notice HB 2973 was considered by the Committee
on State Affairs in a public hearing on April 3, 1995.  The Chair
laid out HB 2973 and recognized Rep. Seidlits to explain the bill. 
The following persons testified for the bill: George Benda
representing the Texas Restaurant Association; Dane Harris
representing himself; Brad Lomax representing himself; Paul Brown
representing himself; and John Allsup representing himself.  The
following persons testified against the bill: Sharon Hausman-Cohen,
MD representing TAFP; Councilmember Paul Barker representing The
City Council of the City of West Lake Hills; Charles Clawson
representing the City of Arlington; Cindy Antolik representing
Smokeless Texas Coalition; Chet Brooks representing himself; Jay
Doegy representing the City of Arlington and The Texas Municipal
League; and Marisela Orturo representing herself.  The following
persons testified neutrally on the bill: Susan Rocha representing
the City of San Antonio; and David R. Smith, M.D. representing
himself.  The Chair referred HB 2973 to a subcommittee consisting
of Representatives Danburg, Black, McCall, Turner and Hilbert.  HB
2973 was considered by the subcommittee in a formal meeting on
April 5, 1995.  Rep. Danburg laid out a complete substitute for the
bill which was adopted by the subcommittee without objection.  The
bill was reported favorably as substituted to the full committee by
a record vote of 3 ayes, 1 nay, 0 pnv, 1 absent.  After being
recalled from subcommittee, HB 2973 was considered by the committee
in a public hearing on April 11, 1995.  The Chair laid out HB 2973. 
Rep. Danburg laid out a complete committee substitute.  Rep.
Seidlits laid out Committee Amendment #1 which was adopted without
objection.  The substitute as amended was adopted without
objection.  The Chair directed the staff to incorporate the
amendment into the substitute.  The bill was reported favorably as
substituted with the recommendation that it do pass and be printed
by a record vote of 11 ayes, 2 nays, 0 pnv, and 2 absent.