1-1                                   AN ACT

 1-2     relating to the possession and use of tobacco products by employees

 1-3     of the Texas Department of Criminal Justice.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 494, Government Code, is amended by

 1-6     adding Section 494.010 to read as follows:

 1-7           Sec. 494.010.  EMPLOYEES' POSSESSION AND USE OF TOBACCO

 1-8     PRODUCTS.  A rule adopted by the board that regulates the

 1-9     possession and use of tobacco products by department employees must

1-10     provide that employees of the department are permitted  to use

1-11     tobacco products during work hours at times and locations

1-12     designated by the board.  In designating  locations at which the

1-13     use of tobacco products is permitted, the board shall designate

1-14     locations that:

1-15                 (1)  are at a sufficient distance from a place at which

1-16     employees regularly perform duties to ensure that no employee who

1-17     abstains from the use of tobacco products is physically affected by

1-18     the use of tobacco products at the location; and

1-19                 (2)  do not negatively affect the comfort or safety of

1-20     any employee or inmate.

1-21           SECTION 2.  The Texas Board of Criminal Justice, not later

1-22     than the 90th day after the effective date of this Act, must amend

1-23     any rule of the department regulating the possession and use of

1-24     tobacco products of department employees as necessary to comply

 2-1     with the provisions of Section 494.010, Government Code, as added

 2-2     by this Act.

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

 2-4     crowded condition of the calendars in both houses create an

 2-5     emergency and an imperative public necessity that the

 2-6     constitutional rule requiring bills to be read on three several

 2-7     days in each house be suspended, and this rule is hereby suspended,

 2-8     and that this Act take effect and be in force from and after its

 2-9     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1427 was passed by the House on May

         6, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1427 was passed by the Senate on May

         26, 1997, by the following vote:  Yeas 28, Nays 3.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor