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.