LEGISLATIVE BUDGET BOARD
                          Austin, Texas

                           FISCAL NOTE
                       74th Regular Session

                         January 31, 1995



 TO:     Honorable Seantor Judith Zaffirini,    IN RE:  Senate Bill No. 65
         Chair                                          By:  Moncrief
         Committee on Health & Human Services
         Senate
         Austin, Texas






FROM: John Keel, Director

In response to your request for a Fiscal Note on Senate Bill No.
65 (Relating to minimum standards for smoking in certain public
places or at certain public meetings; creating an offense and
providing penalties.) this office has determined the following:

The bill would make it an offense for a person to smoke at a
public hearing conducted by a state agency or in a state building
prior to September 1, 1996, unless that person is in a designated
smoking area, or unless the person is smoking in a place in a
state building for which a waiver has been granted by the
Commissioner of Health. 

After September 1, 1996, the bill would make it an offense for a
person to smoke at a public hearing or in a state building, with
no exceptions.  An offense is a Class C misdemeanor, unless the
defendant is shown to have committed the same offense one or more
times within five years, in which event the offense is punishable
by a fine, not to exceed $2,000.

The bill provides a manner in which certain areas of state
buildings may be designated as smoking areas, prior to September
1, 1996.  After September 1, 1996, no area of a state building
may be designated a smoking area.  No physical or other
modifications of state buildings would be required to create the
smoking areas.  However, agencies will be required to develop
written smoking policies and post signs identifying smoking
areas, prior to September 1, 1996, and prohibiting smoking, after
September 1, 1996.    




No significant fiscal implication to the State or units of local 
government is anticipated.




Source:   General Services Commission, Department of Health
          LBB Staff: JK, KF, AZ