By Delisi                                              H.B. No. 737
       74R3837 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prohibiting smoking in state facilities and vehicles.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is
    1-5  amended by adding Chapter 165 to read as follows:
    1-6               CHAPTER 165.  SMOKING IN STATE BUILDINGS
    1-7        Sec. 165.001.  DEFINITIONS.  In this chapter:
    1-8              (1)  "Smoke," "smokes," or "smoking" includes:
    1-9                    (A)  carrying or holding a lighted pipe, cigar,
   1-10  or cigarette of any kind or any other lighted smoking equipment or
   1-11  device;
   1-12                    (B)  lighting a pipe, cigar, or cigarette of any
   1-13  kind or any other smoking equipment or device; or
   1-14                    (C)  emitting or exhaling the smoke of a pipe,
   1-15  cigar, or cigarette of any kind or any other smoking equipment or
   1-16  device.
   1-17              (2)  "State agency" includes an agency in any branch of
   1-18  state government.
   1-19              (3)  "State facility" means a state building, parking
   1-20  garage, or other structure that is  wholly or partially owned by
   1-21  the state and is enclosed by walls, including windows, and a roof.
   1-22              (4)  "State vehicle" means a vehicle owned, leased, or
   1-23  operated by a state agency.
   1-24        Sec. 165.002.  SIGNS; REMOVAL OF EQUIPMENT.  (a)  Each state
    2-1  agency occupying a state facility shall place signs visible at each
    2-2  entrance to an area in the state facility  occupied by the agency
    2-3  stating that "The State of Texas is Smoke-Free."  The signs are to
    2-4  notify persons entering the premises that smoking is prohibited.
    2-5        (b)  The sign must include the:
    2-6              (1)  state seal;
    2-7              (2)  words "The State of Texas is Smoke-Free"; and
    2-8              (3)  universal symbol for no smoking.
    2-9        (c)  The person in the state agency that is responsible for
   2-10  posting "The State of Texas is Smoke-Free" signs in a state
   2-11  facility shall remove from that facility all equipment for
   2-12  extinguishing smoking materials.
   2-13        Sec. 165.003.  STATE VEHICLES.  A state vehicle must be
   2-14  smoke-free.
   2-15        Sec. 165.004.  REASONABLE EFFORT TO PREVENT SMOKING.  The
   2-16  executive director or the board of the state agency shall make a
   2-17  reasonable effort to prevent smoking by:
   2-18              (1)  posting signs as required by Section 165.002; and
   2-19              (2)  asking smokers to refrain from smoking in the
   2-20  state facility.
   2-21        Sec. 165.005.  ADMINISTRATION.  The board shall adopt rules
   2-22  necessary under this chapter and shall implement and determine
   2-23  compliance with this chapter.
   2-24        SECTION 2.  This Act takes effect September 1, 1995.
   2-25        SECTION 3.  The importance of this legislation and the
   2-26  crowded condition of the calendars in both houses create an
   2-27  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.