BILL ANALYSIS


                                                          S.B. 65
                                                     By: Moncrief
                                         Health and Human Service
                                                         02-01-95
                                     Committee Report (Unamended)

BACKGROUND

Currently, Texas does not have a law that prohibits or restricts smoking in state office buildings. 
Texas is one of only six states that has not adopted anti-smoking legislation for state office buildings.

In a survey of 24 large state agencies conducted prior to the 73rd Legislature, Regular Session, 23
had some type of smoking policy.  Of the 24 agencies, 14 have entirely smoke-free buildings, while
nine allow smoking in designated areas such as cafeterias, restrooms, or private offices.  The trend
among state agencies is toward a smoke-free environment, but legislation is needed to make these
policies uniform.  

PURPOSE

As proposed, S.B. 65 requires each state agency to adopt a temporary written smoking policy, which
would eventually be replaced by a complete smoking ban in any state building or at public hearings
held by state agencies.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted to the Texas Board of Health in
SECTION 1 (Sec. 165.008(a), Health and Safety Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Title 2H, Health and Safety Code, by adding Chapter 165, as follows:

       CHAPTER 165.  SMOKING IN STATE BUILDINGS OR MEETINGS
     
     Sec. 165.001.  PURPOSE.  Provides that the purpose of this chapter is to phase in a
     prohibition of smoking in state buildings and at state agencies' public hearings.  
     
     Sec. 165.002.  DEFINITIONS.  (1) Defines "smoke," "smokes," "smoking,""state agency," and "state building."
     Sec. 165.003.  SMOKING AT PUBLIC HEARING OR IN STATE BUILDING;
     CRIMINAL PENALTY.  (a) Provides that before September 1, 1996, smoking in a non-smoking area at a public hearing conducted by a state agency or in a state building is an
     offense.  Provides that after September 1, 1996, smoking anywhere at these events or in a
     state building is an offense.
     
     (b) Provides an exception to Subsection 165.003(a) if a waiver has been granted.
       
       (c) Provides that a person who violates this section commits a Class C misdemeanor,
       except repeat offenders.
     Sec. 165.004.  DESIGNATION OF SMOKING AREAS.  (a) Requires the chief executive
     or designee of an agency that permits smoking to designate areas as smoking areas before
     September 1, 1996.  Authorizes the lieutenant governor, the speaker of the house, or their
     designees, to designate areas as smoking areas.  Prohibits any part of a state building
     occupied by a state agency from being designated a smoking area after September 1, 1996.
     
     (b) Requires existing structures to be used to minimize the effects of smoke in adjacent
       nonsmoking areas, but does not require an agency to make structural modifications to
       accommodate smoking areas.
       
       (c) Requires each state agency to create a written smoking policy.  Requires the
       nonsmokers' preferences to be accommodated if a dispute arises.  Does not prohibit a state
       agency from creating an entirely smoke-free environment.
       
       (d) Sets forth restrictions on the location of a designated smoking area.
     Sec. 165.005.  SIGNS.  Requires the smoking policy to be posted at entrances to each state
     building.  Requires signs to conspicuously designate smoking areas.  Requires all signs to
     be "no smoking" signs after September 1, 1996.
     
     Sec. 165.006.  REASONABLE EFFORT TO PREVENT SMOKING.  (a) Requires a person
     authorized to designate smoking areas to make a reasonable effort to prevent smoking by
     taking certain measures.  
     
       (b) Authorizes an affected person to bring court action if a smoker refuses to comply with
       a request to refrain from smoking.
       
       (c) Provides that this section expires September 1, 1996. 
     Sec. 165.007.  FACILITIES TO EXTINGUISH SMOKING MATERIALS.  Requires state
     buildings to be equipped with facilities for extinguishing smoking materials.  Requires these
     facilities to be accompanied by a "No smoking" sign if in a non-smoking area.
     
     Sec. 165.008.  ADMINISTRATION; WAIVER.  (a) Requires the Texas Board of Health
     (board) to adopt the rules necessary to administer this chapter.
     
     (b) Authorizes the Commissioner of Health (commissioner) to designate smoking areas
       or waive the requirements of this chapter.  Prohibits the commissioner from granting a
       waiver after September 1, 1996.
     Sec. 165.009.  INJUNCTION.  Authorizes the board, another state agency, or any affected
     person to bring court action to enjoin a violation of this chapter.
     
SECTION 2.  Requires each relevant state agency to adopt a written smoking policy by January 1,
1996.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.