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 * * * * *