IMF S.B. 64 75(R)BILL ANALYSIS STATE AFFAIRS S.B. 64 By: Moncrief (Danburg) 5-20-97 Committee Report (Amended) BACKGROUND Currently, Texas is one of only six states that does not have a law prohibiting or restricting smoking in state office buildings. In a survey of 24 large Texas state agencies conducted prior to the 73rd Legislature, Regular Session, 23 had some type of smoking policy: 14 had entirely smoke-free buildings and nine allowed smoking in designated areas such as cafeterias, restrooms, or private offices. This bill creates a more uniform smoking policy for state agencies by phasing in a prohibition of smoking in state buildings and at public hearings held by state agencies. PURPOSE As proposed, S.B. 64 requires each state agency to adopt a temporary written smoking policy, which would eventually be replaced by a complete smoking ban in any state building or at public hearings held by state agencies. RULEMAKING AUTHORITY It is the committee's opinion that this bill does expressly grant additional rulemaking authority to the Texas Board of Health in SECTION 1 (Sec. 166.008(a), Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Title 2H, Health and Safety Code, by adding Chapter 166, as follows: CHAPTER 166. SMOKING IN STATE BUILDINGS OR MEETINGS Sec. 166.001. PURPOSE. Provides that the purpose of this chapter is to phase in a prohibition of smoking in state buildings and at state agencies' public hearings. Sec. 166.002. DEFINITIONS. Defines "smoke," "smokes," "smoking," "state agency," and "state building." Sec. 166.003. SMOKING AT PUBLIC HEARING OR IN STATE BUILDING; CRIMINAL PENALTY. Provides that a person commits a Class C misdemeanor if the person smokes in a state building after September 1, 1998, or if the person smokes outside of a designated area at a state building before September 1, 1998. Provides an exception. Sec. 166.004. DESIGNATION OF SMOKING AREAS. (a) Requires the chief executive or designee of an agency permitting smoking to designate areas as smoking areas before September 1, 1998. Authorizes the lieutenant governor, speaker of the house, or their designees, to designate areas as smoking areas in buildings occupied by the legislature. Prohibits any part of a state building occupied by a state agency from being designated a smoking area after September 1, 1998. (b) Requires existing structures to be used to minimize the effects of smoke in adjacent nonsmoking areas, but does not require an agency to make structural modifications to accommodate smoking areas. (c) Requires each state agency to develop and implement a written smoking policy. Requires the nonsmokers' preferences to be accommodated if a dispute arises. Provides that this chapter does not prohibit a state agency from designating an entirely smoke-free environment. (d) Prohibits certain areas from being designated as smoking areas. Sec. 166.005. SIGNS. Requires the smoking policy to be posted at entrances to each state building. Requires all signs to be "No Smoking" signs after September 1, 1998. Sec. 166.006. REASONABLE EFFORT TO PREVENT SMOKING. Requires a person authorized to designate smoking areas to make a reasonable effort to prevent smoking. Authorizes an affected person to bring court action if a smoker refuses to comply with a request to refrain from smoking. Provides that this section expires September 1, 1998. Sec. 166.007. FACILITIES TO EXTINGUISH SMOKING MATERIALS. Requires all state buildings to be equipped with facilities for extinguishing smoking materials. Requires these facilities to be accompanied by "No Smoking" signs if they are located in non-smoking areas. Sec. 166.008. ADMINISTRATION; WAIVER. Requires the Texas Board of Health (board) to adopt and implement rules necessary under this chapter. Authorizes the commissioner of health to waive the requirements of this chapter. Prohibits a waiver from being granted on or after September 1, 1998. Sec. 166.009. INJUNCTION. Authorizes the board, another state agency, or any affected person to bring an action in any court of competent jurisdiction to enjoin a violation of this chapter. SECTION 2. Requires each state agency required to adopt a written smoking policy to do so prior to January 1, 1998. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Committee amendment no. 1 allows each house of the legislature to establish rules to govern smoking in areas of the Capitol or Extension that are under control of that house. Allows the Preservation Board by rule to establish smoking rules for areas that are not under the control of either house. Committee amendment no. 2 strikes Sec. 166.002(3) Health and Safety Code in SECTION 1 of the bill and replaces it with a new definition of state building. The amendment also adds to Sec. 166.004(c) Health and Safety Code a statement that the bill does not prohibit a state agency, including an institution of higher education, from designating nonsmoking areas those areas excepted from the definition of a state building.