By: Moncrief S.B. No. 64 97S0005/1 07/09/96 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to minimum standards for smoking in certain public places 1-3 or at certain public meetings; creating an offense and providing 1-4 penalties. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subtitle H, Title 2, Health and Safety Code, is 1-7 amended by adding Chapter 166 to read as follows: 1-8 CHAPTER 166. SMOKING IN STATE BUILDINGS OR MEETINGS 1-9 Sec. 166.001. PURPOSE 1-10 Sec. 166.002. DEFINITIONS 1-11 Sec. 166.003. SMOKING AT PUBLIC HEARING OR IN STATE 1-12 BUILDING; CRIMINAL PENALTY 1-13 Sec. 166.004. DESIGNATION OF SMOKING AREAS 1-14 Sec. 166.005. SIGNS 1-15 Sec. 166.006. REASONABLE EFFORT TO PREVENT SMOKING 1-16 Sec. 166.007. FACILITIES TO EXTINGUISH SMOKING MATERIALS 1-17 Sec. 166.008. ADMINISTRATION; WAIVER 1-18 Sec. 166.009. INJUNCTION 1-19 CHAPTER 166. SMOKING IN STATE BUILDINGS OR MEETINGS 1-20 Sec. 166.001. PURPOSE. The purpose of this chapter is to 1-21 protect the public health, comfort, and environment by phasing in a 1-22 prohibition of smoking in state buildings and at public hearings 1-23 held by state agencies. 2-1 Sec. 166.002. DEFINITIONS. In this chapter: 2-2 (1) "Smoke," "smokes," or "smoking" includes: 2-3 (A) carrying or holding a lighted pipe, cigar, 2-4 or cigarette of any kind or any other lighted smoking material, 2-5 equipment, or device; 2-6 (B) lighting a pipe, cigar, or cigarette of any 2-7 kind or any other smoking material, equipment, or device; or 2-8 (C) emitting or exhaling the smoke of a pipe, 2-9 cigar, or cigarette of any kind or any other smoking material, 2-10 equipment, or device. 2-11 (2) "State agency" includes an agency in any branch of 2-12 state government. 2-13 (3) "State building" means a building wholly or 2-14 partially owned or wholly leased by the state but does not include 2-15 property wholly leased for commercial purposes to a person or 2-16 entity not a state agency or property wholly occupied by a 2-17 commercial enterprise operated under a management agreement between 2-18 a state agency and a person or entity not a state agency. 2-19 Sec. 166.003. SMOKING AT PUBLIC HEARING OR IN STATE 2-20 BUILDING; CRIMINAL PENALTY. (a) Prior to September 1, 1998, a 2-21 person commits an offense if the person smokes in a state building 2-22 or at a public hearing conducted by a state agency and the person 2-23 is not in an area designated as a smoking area under Section 2-24 166.004. On or after September 1, 1998, a person commits an 2-25 offense if the person smokes in a state building or at a public 3-1 hearing conducted by a state agency. 3-2 (b) Prior to September 1, 1998, it is an exception to the 3-3 application of Subsection (a) that the person is smoking in a place 3-4 in a state building for which a waiver has been granted under 3-5 Section 166.008(b). 3-6 (c) An offense under this section is a Class C misdemeanor. 3-7 Sec. 166.004. DESIGNATION OF SMOKING AREAS. (a) Prior to 3-8 September 1, 1998, and except as provided by Subsection (d), if the 3-9 chief executive of a state agency decides to permit persons in 3-10 parts of a state building occupied by that agency to smoke, the 3-11 chief executive or the chief executive's designee shall designate 3-12 areas as smoking areas. The lieutenant governor or speaker of the 3-13 house of representatives or their designees, as appropriate, may 3-14 designate areas as smoking areas in buildings occupied by the 3-15 legislature. On and after September 1, 1998, no part of a state 3-16 building occupied by a state agency may be designated a smoking 3-17 area. 3-18 (b) The designation of smoking areas does not require an 3-19 agency to make structural or physical modifications to accommodate 3-20 the smoking areas, but existing physical barriers and ventilation 3-21 systems shall be used to minimize the effects of smoke in adjacent 3-22 nonsmoking areas. 3-23 (c) Each state agency shall develop, implement, and maintain 3-24 a written smoking policy that accommodates the wishes of smoking 3-25 and nonsmoking employees by designating smoking and nonsmoking 4-1 areas. If a dispute arises, the preferences of nonsmokers shall be 4-2 accommodated. This chapter does not prohibit a state agency from 4-3 designating a place of employment in its entirety as a nonsmoking 4-4 area. 4-5 (d) A smoking area may not be designated in: 4-6 (1) an elevator; 4-7 (2) a rest room; 4-8 (3) a service line, a cashier area, an 4-9 over-the-counter sales area, or a common traffic area; or 4-10 (4) a place in which smoking is prohibited by the fire 4-11 marshal of the state or a political subdivision or by other law, 4-12 ordinance, or rule. 4-13 Sec. 166.005. SIGNS. (a) Each state agency occupying a 4-14 state building shall place signs visible at each entrance to an 4-15 area in the state building occupied by the agency to notify persons 4-16 entering the premises that smoking is prohibited or, prior to 4-17 September 1, 1998, that smoking is prohibited except in areas 4-18 designated as smoking areas. 4-19 (b) The person responsible for designating smoking areas in 4-20 a state building shall post in a conspicuous place in any area 4-21 designated as a smoking area signs stating that smoking is 4-22 permitted in the area. The person may post signs in the premises 4-23 stating "No Smoking" or "No Smoking Except in Designated Areas" as 4-24 appropriate. By September 1, 1998, each "No Smoking Except in 4-25 Designated Areas" sign shall be replaced by a "No Smoking" sign. 5-1 Sec. 166.006. REASONABLE EFFORT TO PREVENT SMOKING. (a) A 5-2 person authorized to designate smoking areas under Section 5-3 166.004(a) shall make a reasonable effort to prevent smoking by: 5-4 (1) designating any areas where smoking will be 5-5 permitted as required by Section 166.004; 5-6 (2) posting signs as required by Section 166.005; and 5-7 (3) asking smokers to refrain from smoking in all 5-8 nonsmoking areas on request of a client, patron, or employee 5-9 suffering discomfort from the smoke. 5-10 (b) If a smoker refuses to comply with a request to refrain 5-11 from smoking, an affected person may bring an action as provided by 5-12 Section 166.009. 5-13 (c) This section expires September 1, 1998. 5-14 Sec. 166.007. FACILITIES TO EXTINGUISH SMOKING MATERIALS. 5-15 (a) All state buildings shall be equipped with facilities for 5-16 extinguishing smoking materials. 5-17 (b) Facilities for extinguishing smoking materials that are 5-18 located in areas of state buildings other than designated smoking 5-19 areas shall be accompanied by clearly visible signs stating "No 5-20 Smoking." 5-21 Sec. 166.008. ADMINISTRATION; WAIVER. (a) The board shall 5-22 adopt rules necessary under this chapter and shall implement and 5-23 determine compliance with this chapter. 5-24 (b) Prior to September 1, 1998, the commissioner may, on 5-25 request of a person authorized to designate smoking areas under 6-1 Section 166.004(a), waive the requirements of this chapter if the 6-2 commissioner determines that there are compelling reasons to do so 6-3 and that the waiver will not significantly affect the health and 6-4 comfort of nonsmokers. No waiver may be granted on or after 6-5 September 1, 1998. 6-6 Sec. 166.009. INJUNCTION. The board, another state agency, 6-7 or any affected person may bring an action in any court of 6-8 competent jurisdiction to enjoin a violation of this chapter. 6-9 SECTION 2. Each state agency required to adopt a written 6-10 smoking policy under Subsection (c), Section 166.004, Health and 6-11 Safety Code, as added by this Act, shall adopt the policy not later 6-12 than January 1, 1998. 6-13 SECTION 3. This Act takes effect September 1, 1997. 6-14 SECTION 4. The importance of this legislation and the 6-15 crowded condition of the calendars in both houses create an 6-16 emergency and an imperative public necessity that the 6-17 constitutional rule requiring bills to be read on three several 6-18 days in each house be suspended, and this rule is hereby suspended.