1-1  By:  Moncrief                                           S.B. No. 65
    1-2        (In the Senate - Filed November 15, 1994; January 11, 1995,
    1-3  read first time and referred to Committee on Health and Human
    1-4  Services; February 1, 1995, reported favorably by the following
    1-5  vote:  Yeas 8, Nays 0; February 1, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to minimum standards for smoking in certain public places
    1-9  or at certain public meetings; creating an offense and providing
   1-10  penalties.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is
   1-13  amended by adding Chapter 165 to read as follows:
   1-14         CHAPTER 165.  SMOKING IN STATE BUILDINGS OR MEETINGS
   1-15  Sec. 165.001.  PURPOSE
   1-16  Sec. 165.002.  DEFINITIONS
   1-17  Sec. 165.003.  SMOKING AT PUBLIC HEARING OR IN STATE
   1-18                  BUILDING; CRIMINAL PENALTY
   1-19  Sec. 165.004.  DESIGNATION OF SMOKING AREAS
   1-20  Sec. 165.005.  SIGNS
   1-21  Sec. 165.006.  REASONABLE EFFORT TO PREVENT SMOKING
   1-22  Sec. 165.007.  FACILITIES TO EXTINGUISH SMOKING MATERIALS
   1-23  Sec. 165.008.  ADMINISTRATION; WAIVER
   1-24  Sec. 165.009.  INJUNCTION
   1-25         CHAPTER 165.  SMOKING IN STATE BUILDINGS OR MEETINGS
   1-26        Sec. 165.001.  PURPOSE.  The purpose of this chapter is to
   1-27  protect the public health, comfort, and environment by phasing in a
   1-28  prohibition of smoking in state buildings and at public hearings
   1-29  held by state agencies.
   1-30        Sec. 165.002.  DEFINITIONS.  In this chapter:
   1-31              (1)  "Smoke," "smokes," or "smoking" includes:
   1-32                    (A)  carrying or holding a lighted pipe, cigar,
   1-33  or cigarette of any kind or any other lighted smoking material,
   1-34  equipment, or device;
   1-35                    (B)  lighting a pipe, cigar, or cigarette of any
   1-36  kind or any other smoking material, equipment, or device; or
   1-37                    (C)  emitting or exhaling the smoke of a pipe,
   1-38  cigar, or cigarette of any kind or any other smoking material,
   1-39  equipment, or device.
   1-40              (2)  "State agency" includes an agency in any branch of
   1-41  state government.
   1-42              (3)  "State building" means a building wholly or
   1-43  partially owned or wholly leased by the state.
   1-44        Sec. 165.003.  SMOKING AT PUBLIC HEARING OR IN STATE
   1-45  BUILDING; CRIMINAL PENALTY.  (a)  Prior to September 1, 1996, a
   1-46  person commits an offense if the person smokes at a public hearing
   1-47  conducted by a state agency or in a state building and the person
   1-48  is not in an area designated as a smoking area under Section
   1-49  165.004.  On or after September 1, 1996, a person commits an
   1-50  offense if the person smokes at a public hearing conducted by a
   1-51  state agency or in a state building.
   1-52        (b)  Prior to September 1, 1996, it is an exception to the
   1-53  application of Subsection (a) that the person is smoking in a place
   1-54  in a state building for which a waiver has been granted under
   1-55  Section 165.008(b).
   1-56        (c)  An offense under this section is a Class C misdemeanor,
   1-57  unless it is shown on the trial of the defendant that the defendant
   1-58  has been convicted one or more times within five years before the
   1-59  trial date of a violation of this section, in which event the
   1-60  offense is punishable by a fine not to exceed $2,000.
   1-61        Sec. 165.004.  DESIGNATION OF SMOKING AREAS.  (a)  Prior to
   1-62  September 1, 1996, and except as provided by Subsection (d), if the
   1-63  chief executive of a state agency decides to permit persons in
   1-64  parts of a state building occupied by that agency to smoke, the
   1-65  chief executive or the chief executive's designee shall designate
   1-66  areas as smoking areas.  The lieutenant governor or speaker of the
   1-67  house of representatives or their designees, as appropriate, may
   1-68  designate areas as smoking areas in buildings occupied by the
    2-1  legislature.  On and after September 1, 1996, no part of a state
    2-2  building occupied by a state agency may be designated a smoking
    2-3  area.
    2-4        (b)  The designation of smoking areas does not require an
    2-5  agency to make structural or physical modifications to accommodate
    2-6  the smoking areas, but existing physical barriers and ventilation
    2-7  systems shall be used to minimize the effects of smoke in adjacent
    2-8  nonsmoking areas.
    2-9        (c)  Each state agency shall develop, implement, and maintain
   2-10  a written smoking policy that accommodates the wishes of smoking
   2-11  and nonsmoking employees by designating smoking and nonsmoking
   2-12  areas.  If a dispute arises, the preferences of nonsmokers shall be
   2-13  accommodated.  This chapter does not prohibit a state agency from
   2-14  designating a place of employment in its entirety as a nonsmoking
   2-15  area.
   2-16        (d)  A smoking area may not be designated in:
   2-17              (1)  an elevator;
   2-18              (2)  a rest room;
   2-19              (3)  a service line, cashier area, over-the-counter
   2-20  sales area, or common traffic area; or
   2-21              (4)  a place in which smoking is prohibited by the fire
   2-22  marshal of the state or a political subdivision or by other law,
   2-23  ordinance, or rule.
   2-24        Sec. 165.005.  SIGNS.  (a)  Each state agency occupying a
   2-25  state building shall place signs visible at each entrance to an
   2-26  area in the state building occupied by the agency to notify persons
   2-27  entering the premises that smoking is prohibited or, prior to
   2-28  September 1, 1996, that smoking is prohibited except in areas
   2-29  designated as smoking areas.
   2-30        (b)  The person responsible for designating smoking areas in
   2-31  a state building shall post in a conspicuous place in any area
   2-32  designated as a smoking area signs stating that smoking is
   2-33  permitted in the area.  The person may post signs in the premises
   2-34  stating "No Smoking" or "No Smoking Except in Designated Areas" as
   2-35  appropriate.  By September 1, 1996, each "No Smoking Except in
   2-36  Designated Areas" sign shall be replaced by a "No Smoking" sign.
   2-37        Sec. 165.006.  REASONABLE EFFORT TO PREVENT SMOKING.  (a)  A
   2-38  person authorized to designate smoking areas under Section
   2-39  165.004(a) shall make a reasonable effort to prevent smoking by:
   2-40              (1)  designating any areas where smoking will be
   2-41  permitted as required by Section 165.004;
   2-42              (2)  posting signs as required by Section 165.005; and
   2-43              (3)  asking smokers to refrain from smoking in all
   2-44  nonsmoking areas on request of a client, patron, or employee
   2-45  suffering discomfort from the smoke.
   2-46        (b)  If a smoker refuses to comply with a request to refrain
   2-47  from smoking, an affected person may bring an action as provided by
   2-48  Section 165.009.
   2-49        (c)  This section expires September 1, 1996.
   2-50        Sec. 165.007.  FACILITIES TO EXTINGUISH SMOKING
   2-51  MATERIALS.  (a)  All state buildings shall be equipped with
   2-52  facilities for extinguishing smoking materials.
   2-53        (b)  Facilities for extinguishing smoking materials that are
   2-54  located in areas of state buildings other than designated smoking
   2-55  areas shall be accompanied by clearly visible signs stating "No
   2-56  Smoking."
   2-57        Sec. 165.008.  ADMINISTRATION; WAIVER.  (a)  The board shall
   2-58  adopt rules necessary under this chapter and shall implement and
   2-59  determine compliance with this chapter.
   2-60        (b)  Prior to September 1, 1996, the commissioner may, on
   2-61  request of a person authorized to designate smoking areas under
   2-62  Section 165.004(a), waive the requirements of this chapter if the
   2-63  commissioner determines that there are compelling reasons to do so
   2-64  and that the waiver will not significantly affect the health and
   2-65  comfort of nonsmokers.  No waiver may be granted on or after
   2-66  September 1, 1996.
   2-67        Sec. 165.009.  INJUNCTION.  The board, another state agency,
   2-68  or any affected person may bring an action in any court of
   2-69  competent jurisdiction to enjoin a violation of this chapter.
   2-70        SECTION 2.  Each state agency required to adopt a written
    3-1  smoking policy under Subsection (c), Section 165.004, Health and
    3-2  Safety Code, as added by this Act, shall adopt the policy not later
    3-3  than January 1, 1996.
    3-4        SECTION 3.  This Act takes effect September 1, 1995.
    3-5        SECTION 4.  The importance of this legislation and the
    3-6  crowded condition of the calendars in both houses create an
    3-7  emergency and an imperative public necessity that the
    3-8  constitutional rule requiring bills to be read on three several
    3-9  days in each house be suspended, and this rule is hereby suspended.
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