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.