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. 3-10 * * * * *