By: Moncrief, Shapleigh, Nixon S.B. No. 64
A BILL TO BE ENTITLED
AN ACT
1-1 relating to minimum standards for smoking in certain public places
1-2 or at certain public meetings; creating an offense and providing
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle H, Title 2, Health and Safety Code, is
1-6 amended by adding Chapter 166 to read as follows:
1-7 CHAPTER 166. SMOKING IN STATE BUILDINGS OR MEETINGS
1-8 Sec. 166.001. PURPOSE
1-9 Sec. 166.002. DEFINITIONS
1-10 Sec. 166.003. SMOKING AT PUBLIC HEARING OR IN STATE
1-11 BUILDING; CRIMINAL PENALTY
1-12 Sec. 166.004. DESIGNATION OF SMOKING AREAS
1-13 Sec. 166.005. SIGNS
1-14 Sec. 166.006. REASONABLE EFFORT TO PREVENT SMOKING
1-15 Sec. 166.007. FACILITIES TO EXTINGUISH SMOKING MATERIALS
1-16 Sec. 166.008. ADMINISTRATION; WAIVER
1-17 Sec. 166.009. INJUNCTION
1-18 CHAPTER 166. SMOKING IN STATE BUILDINGS OR MEETINGS
1-19 Sec. 166.001. PURPOSE. The purpose of this chapter is to
1-20 protect the public health, comfort, and environment by phasing in a
1-21 prohibition of smoking in state buildings and at public hearings
1-22 held by state agencies.
1-23 Sec. 166.002. DEFINITIONS. In this chapter:
2-1 (1) "Smoke," "smokes," or "smoking" includes:
2-2 (A) carrying or holding a lighted pipe, cigar,
2-3 or cigarette of any kind or any other lighted smoking material,
2-4 equipment, or device;
2-5 (B) lighting a pipe, cigar, or cigarette of any
2-6 kind or any other smoking material, equipment, or device; or
2-7 (C) emitting or exhaling the smoke of a pipe,
2-8 cigar, or cigarette of any kind or any other smoking material,
2-9 equipment, or device.
2-10 (2) "State agency" includes an agency in any branch of
2-11 state government.
2-12 (3) "State building" means a building wholly or
2-13 partially owned or wholly leased by the state but does not include
2-14 property wholly leased for commercial purposes to a person or
2-15 entity not a state agency or property wholly occupied by a
2-16 commercial enterprise operated under a management agreement between
2-17 a state agency and a person or entity not a state agency, or a
2-18 hotel, conference center, or dormitory owned and operated by an
2-19 institution of high education. This section does not prohibit the
2-20 state agency or institution of high education from designating an
2-21 exempted building, hotel, conference center, or dormitory in part
2-22 or in its entirety as a nonsmoking area.
2-23 Sec. 166.003. SMOKING AT PUBLIC HEARING OR IN STATE
2-24 BUILDING; CRIMINAL PENALTY. (a) Prior to September 1, 1998, a
2-25 person commits an offense if the person smokes in a state building
3-1 or at a public hearing conducted by a state agency and the person
3-2 is not in an area designated as a smoking area under Section
3-3 166.004. On or after September 1, 1998, a person commits an
3-4 offense if the person smokes in a state building or at a public
3-5 hearing conducted by a state agency.
3-6 (b) Prior to September 1, 1998, it is an exception to the
3-7 application of Subsection (a) that the person is smoking in a place
3-8 in a state building for which a waiver has been granted under
3-9 Section 166.008(b).
3-10 (c) An offense under this section is a Class C misdemeanor.
3-11 Sec. 166.004. DESIGNATION OF SMOKING AREAS. (a) Prior to
3-12 September 1, 1998, and except as provided by Subsection (d), if the
3-13 chief executive of a state agency decides to permit persons in
3-14 parts of a state building occupied by that agency to smoke, the
3-15 chief executive or the chief executive's designee shall designate
3-16 areas as smoking areas. The lieutenant governor or speaker of the
3-17 house of representatives or their designees, as appropriate, may
3-18 designate areas as smoking areas in buildings occupied by the
3-19 legislature. On and after September 1, 1998, no part of a state
3-20 building occupied by a state agency may be designated a smoking
3-21 area.
3-22 (b) The designation of smoking areas does not require an
3-23 agency to make structural or physical modifications to accommodate
3-24 the smoking areas, but existing physical barriers and ventilation
3-25 systems shall be used to minimize the effects of smoke in adjacent
4-1 nonsmoking areas.
4-2 (c) Each state agency shall develop, implement, and maintain
4-3 a written smoking policy that accommodates the wishes of smoking
4-4 and nonsmoking employees by designating smoking and nonsmoking
4-5 areas. If a dispute arises, the preferences of nonsmokers shall be
4-6 accommodated. This chapter does not prohibit a state agency from
4-7 designating a place of employment in its entirety as a nonsmoking
4-8 area.
4-9 (d) A smoking area may not be designated in:
4-10 (1) an elevator;
4-11 (2) a rest room;
4-12 (3) a service line, a cashier area, an
4-13 over-the-counter sales area, or a common traffic area; or
4-14 (4) a place in which smoking is prohibited by the fire
4-15 marshal of the state or a political subdivision or by other law,
4-16 ordinance, or rule.
4-17 Sec. 166.005. SIGNS. (a) Each state agency occupying a
4-18 state building shall place signs visible at each entrance to an
4-19 area in the state building occupied by the agency to notify persons
4-20 entering the premises that smoking is prohibited or, prior to
4-21 September 1, 1998, that smoking is prohibited except in areas
4-22 designated as smoking areas.
4-23 (b) The person responsible for designating smoking areas in
4-24 a state building shall post in a conspicuous place in any area
4-25 designated as a smoking area signs stating that smoking is
5-1 permitted in the area. The person may post signs in the premises
5-2 stating "No Smoking" or "No Smoking Except in Designated Areas" as
5-3 appropriate. By September 1, 1998, each "No Smoking Except in
5-4 Designated Areas" sign shall be replaced by a "No Smoking" sign.
5-5 Sec. 166.006. REASONABLE EFFORT TO PREVENT SMOKING. (a) A
5-6 person authorized to designate smoking areas under Section
5-7 166.004(a) shall make a reasonable effort to prevent smoking by:
5-8 (1) designating any areas where smoking will be
5-9 permitted as required by Section 166.004;
5-10 (2) posting signs as required by Section 166.005; and
5-11 (3) asking smokers to refrain from smoking in all
5-12 nonsmoking areas on request of a client, patron, or employee
5-13 suffering discomfort from the smoke.
5-14 (b) If a smoker refuses to comply with a request to refrain
5-15 from smoking, an affected person may bring an action as provided by
5-16 Section 166.009.
5-17 (c) This section expires September 1, 1998.
5-18 Sec. 166.007. FACILITIES TO EXTINGUISH SMOKING MATERIALS.
5-19 (a) All state buildings shall be equipped with facilities for
5-20 extinguishing smoking materials.
5-21 (b) Facilities for extinguishing smoking materials that are
5-22 located in areas of state buildings other than designated smoking
5-23 areas shall be accompanied by clearly visible signs stating "No
5-24 Smoking."
5-25 Sec. 166.008. ADMINISTRATION; WAIVER. (a) The board shall
6-1 adopt rules necessary under this chapter and shall implement and
6-2 determine compliance with this chapter.
6-3 (b) Prior to September 1, 1998, the commissioner may, on
6-4 request of a person authorized to designate smoking areas under
6-5 Section 166.004(a), waive the requirements of this chapter if the
6-6 commissioner determines that there are compelling reasons to do so
6-7 and that the waiver will not significantly affect the health and
6-8 comfort of nonsmokers. No waiver may be granted on or after
6-9 September 1, 1998.
6-10 Sec. 166.009. INJUNCTION. The board, another state agency,
6-11 or any affected person may bring an action in any court of
6-12 competent jurisdiction to enjoin a violation of this chapter.
6-13 SECTION 2. Each state agency required to adopt a written
6-14 smoking policy under Subsection (c), Section 166.004, Health and
6-15 Safety Code, as added by this Act, shall adopt the policy not later
6-16 than January 1, 1998.
6-17 SECTION 3. This Act takes effect September 1, 1997.
6-18 SECTION 4. The importance of this legislation and the
6-19 crowded condition of the calendars in both houses create an
6-20 emergency and an imperative public necessity that the
6-21 constitutional rule requiring bills to be read on three several
6-22 days in each house be suspended, and this rule is hereby suspended.
6-23 COMMITTEE AMENDMENT NO. 1
6-24 Amend S.B. No. 64 in SECTION 1 of the bill by adding the
6-25 following new Section 166.010, Health and Safety Code (engrossed
7-1 printing, page 6, between lines 12 and 13), and by adjusting the
7-2 table of contents to Chapter 166, Health and Safety Code,
7-3 accordingly:
7-4 Sec. 166.010. SMOKING RULES IN STATE CAPITOL. (a) Except
7-5 for the definition of smoking, the other provisions of this chapter
7-6 do not apply to the State Capitol or the Capitol Extension.
7-7 (b) Each house of the legislature by rule of that house or
7-8 by rule of the administration committee of that house may establish
7-9 the rules that govern smoking in areas of the State Capitol or the
7-10 Capitol Extension that are under the control of that house. The
7-11 State Preservation Board by rule may establish the rules that
7-12 govern smoking in areas of the State Capitol or the Capitol
7-13 Extension that are not under the control of either house of the
7-14 legislature.
7-15 (c) A person commits an offense if the person violates a
7-16 rule established under Subsection (b) that prohibits smoking in a
7-17 particular area of the State Capitol or the Capitol Extension. An
7-18 offense under this section is a Class C misdemeanor.
7-19 75R15219 JRD-D Jones of Lubbock
7-20 COMMITTEE AMENDMENT NO. 2
7-21 Amend S.B. No. 64 as follows:
7-22 (1) In SECTION 1 of the bill, strike Section 166.002(3),
7-23 Health and Safety Code (page 2, lines 12-22) and substitute the
7-24 following:
7-25 (3) "State building" means a building wholly or partly
8-1 owned by the state or wholly leased by the state. The term does not
8-2 include:
8-3 (A) property wholly leased for commercial
8-4 purposes to a person or entity that is not a state agency;
8-5 (B) property wholly occupied by a commercial
8-6 enterprise that is operated under a management agreement between a
8-7 state agency and a person or entity that is not a state agency;
8-8 (C) a hotel, conference center, or dormitory
8-9 owned and operated by an institution of higher education; or
8-10 (D) a building or a part of a building that is
8-11 used solely as a residence and that is not open to the public.
8-12 (2) In SECTION 1 of the bill, insert the following at the
8-13 end of Section 166.004(c), Health and Safety Code (page 4, line 8):
8-14 This chapter does not prohibit a state agency, including an
8-15 institution of higher education, from designating as a nonsmoking
8-16 area all or part of a building, hotel, conference center,
8-17 dormitory, or other property that is owned or controlled by the
8-18 agency or institution and that is excepted from the definition of a
8-19 state building.
8-20 75R14307 JRD-F Longoria