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.