BILL ANALYSIS S.B. 1237 By: Armbrister State Affairs 4-25-95 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 this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. 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. (d) Provides that an offense is a Class C misdemeanor. 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 50 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, 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 physical barriers and ventilation systems to be used to minimize the drift of smoke to nonsmoking areas, if possible. 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. (b) Provides that this chapter preempts 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. SECTION 2. Repealer: Section 48.01, Penal Code (Smoking Tobacco). Repealer: Section 2, Chapter 290, Acts of the 64th Legislature, Regular Session, 1975. SECTION 3. Makes application of this Act prospective. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause.