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.