BILL ANALYSIS
S.B. 1237
By: Armbrister (Seidlits)
May 19, 1995
Committee Report (Unamended)
BACKGROUND
Many cities in Texas require designated smoking and nonsmoking
areas and public notice informing of this designation. However,
within the past two years five communities have adopted total or
near total bans on smoking in public places. Differing standards
in metropolitan 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
As proposed, S.B. 1237 sets forth prohibitions on smoking in public
places and places of employment except in designated areas.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is granted
to the Texas Board of Health in SECTION 3 (Sec. 165.008(a), Health
and Safety Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends 2H, Health and Safety Code, by adding Chapter
165, as follows:
CHAPTER 165. SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT
Sec. 165.001. PURPOSE. Sets forth the purpose of this
chapter.
Sec. 165.002. DEFINITIONS. Defines "bar," "designated
smoking area" or "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. (a) Provides that an individual commits an
offense if the individual smokes in a public place or place of
employment outside a designated smoking area.
(b) Sets forth areas that are prohibited from being
designated as a smoking area.
(c) Provides that it is a defense to prosecution that a
public place or place of employment does not comply with the
notice provisions or that the person smoking is a
participant in an authorized theatrical performance.
Sec. 165.004. EXCEPTIONS. Sets forth places to which Section
165.003(a) does not apply.
Sec. 165.005. DESIGNATED SMOKING AREA IN RESTAURANT. (a)
Authorizes smoking to be permitted in a designated smoking
area in a restaurant with an indoor seating capacity for
dining of greater than 50 persons, excluding the bar area.
(b) Prohibits a designated smoking area from comprising more
than 40 percent of the restaurant's indoor seating capacity
for dining, excluding seating in a bar area.
(c) Requires the nonsmoking area to meet certain criteria in
a restaurant with a designated smoking area.
(d) Prohibits the nonsmoking area from including a service
line, cashier area, an indoor or outdoor children's play
area, or other nondining area to which patrons have general
access.
Sec. 165.006. NOTICE. Requires an employer, proprietor, or
other person in control of a public place or place of
employment in which smoking is allowed to give actual notice
to employees and the public or post signs designating the
areas.
Sec. 165.007. EMPLOYER SMOKING POLICIES. (a) Requires an
employer who employs one or more persons on a full-time basis
to meet certain criteria.
(b) Provides that this chapter does not prohibit an employer
from designating a place of employment as entirely
nonsmoking.
Sec. 165.008. LIMITATIONS ON STRUCTURAL MODIFICATIONS. (a)
Provides that this chapter does not require expenditures or
structural changes to create nonsmoking areas or preclude the
designation of smoking areas in the absence of such changes.
(b) Requires existing physical barriers and ventilation
systems to be used to minimize the drift of smoke to
nonsmoking areas.
Sec. 165.009. STATEWIDE UNIFORMITY. (a) Provides that this
chapter comprises the whole field of regulation regarding
smoking in public places, in places of employment, and in
outdoor areas, to ensure uniform and equitable implementation
and enforcement. This chapter does not preempt or supersede
any existing ordinances.
(b) Provides that this chapter does not preempt and
supersedes a local ordinance, rule, or regulation adopted by
a political subdivision pertaining to smoking, with
exceptions.
(c) Sets forth regulations and laws which this chapter does
not preempt or supersede.
Sec. 165.010. PENALTY. Sets forth penalties for noncompliance
with this chapter.
SECTION 3. 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 3. Requires each relevant state agency to adopt a written
smoking policy by January 1, 1996.
SECTION 4. Amends Subchapter H, Chapter 161, Health and Safety
Code, by adding Section 161.083, to provide that a person younger
than 18 years of age commits an offense if the person possesses or
uses a cigarette or tobacco product in an public place or place of
employment. The offense is punishable by a fine of at least $25,
but not over $200 or by 25 hours of community service.
SECTION 5. Repealer: Section 48.01, Penal Code (Smoking Tobacco).
Repealer: Section 2, Chapter 290, Acts of the 64th
Legislature, Regular Session, 1975.
SECTION 6. Makes application of this Act prospective.
SECTION 7. Emergency clause. Effective date: upon passage.
SUMMARY OF COMMITTEE ACTION
SB 1237 was considered by the Committee on State Affairs in a
formal meeting on May 19, 1995. The Chair laid out SB 1237. The
committee considered one amendment to the bill which was not
adopted by the following record vote: 5 ayes; 8 nays; 0 pnv; and 2
absent. The bill was reported favorably without amendment, with
the recommendation that it do pass and be printed, by a record vote
of: 10 ayes; 3 nays; 0 pnv; and 2 absent.