By Delisi                                              H.B. No. 222

      75R1873 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to prohibiting smoking in state facilities and vehicles.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is

 1-5     amended by adding Chapter 166 to read as follows:

 1-6                  CHAPTER 166.  SMOKING IN STATE BUILDINGS

 1-7           Sec. 166.001.  DEFINITIONS.  In this chapter:

 1-8                 (1)  "Smoking" includes:

 1-9                       (A)  carrying or holding a lighted pipe, cigar,

1-10     or cigarette of any kind or any other lighted smoking equipment or

1-11     device;

1-12                       (B)  lighting a pipe, cigar, or cigarette of any

1-13     kind or any other smoking equipment or device; or

1-14                       (C)  emitting or exhaling the smoke of a pipe,

1-15     cigar, or cigarette of any kind or any other smoking equipment or

1-16     device.

1-17                 (2)  "State agency" includes an agency in any branch of

1-18     state government.

1-19                 (3)  "State facility" means a state building, parking

1-20     garage, or other structure that is  wholly or partially owned or

1-21     leased by the state and is enclosed by walls, including windows,

1-22     and a roof.

1-23                 (4)  "State vehicle" means a vehicle owned, leased, or

1-24     operated by a state agency.

 2-1           Sec. 166.002.  SIGNS; REMOVAL OF EQUIPMENT.  (a)  Each state

 2-2     agency occupying a state facility shall place signs visible at each

 2-3     entrance to an area in the state facility  occupied by the agency

 2-4     to notify persons entering the premises that smoking is prohibited.

 2-5           (b)  The sign must include:

 2-6                 (1)  the state seal;

 2-7                 (2)  the words "This Public Area is Smoke-Free"; and

 2-8                 (3)  the universal symbol for no smoking.

 2-9           (c)  The person in a state agency that is responsible for

2-10     posting the signs in a state facility shall remove from that

2-11     facility all equipment for extinguishing smoking materials.

2-12           Sec. 166.003.  STATE VEHICLES.  Smoking is prohibited in a

2-13     state vehicle.

2-14           Sec. 166.004.  REASONABLE EFFORT TO PREVENT SMOKING.  The

2-15     executive director or governing body of a state agency shall make a

2-16     reasonable effort to prevent smoking by:

2-17                 (1)  posting signs as required by Section 166.002;

2-18                 (2)  asking smokers to refrain from smoking in a state

2-19     facility; and

2-20                 (3)  ensuring that retaliatory measures are not taken

2-21     against any employee, visitor, or other person who requests that

2-22     the prohibition on smoking be enforced.

2-23           Sec. 166.005.  ADMINISTRATION.  The board shall adopt rules

2-24     necessary under this chapter and shall implement and determine

2-25     compliance with this chapter.

2-26           SECTION 2.  This Act takes effect September 1, 1997.

2-27           SECTION 3.  The importance of this legislation and the

 3-1     crowded condition of the calendars in both houses create an

 3-2     emergency and an imperative public necessity that the

 3-3     constitutional rule requiring bills to be read on three several

 3-4     days in each house be suspended, and this rule is hereby suspended.