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.