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.