1-1           By:  Moncrief, Shapleigh                          S.B. No. 64

 1-2           (In the Senate - Filed November 12, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Health and Human

 1-4     Services; March 13, 1997, reported favorably, as amended, by the

 1-5     following vote:  Yeas 10, Nays 0; March 13, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                             By:  Moncrief

 1-7     Amend S.B. No. 64 by inserting the following language on page 1,

 1-8     line 55, between "agency" and ".":

 1-9     , or a hotel, conference center, or dormitory owned and operated by

1-10     an institution of higher education.  This section does not prohibit

1-11     the state agency or institution of higher education from

1-12     designating an exempted building, hotel, conference center, or

1-13     dormitory in part or in its entirety as a nonsmoking area

1-14                            A BILL TO BE ENTITLED

1-15                                   AN ACT

1-16     relating to minimum standards for smoking in certain public places

1-17     or at certain public meetings; creating an offense and providing

1-18     penalties.

1-19           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-20           SECTION 1.  Subtitle H, Title 2, Health and Safety Code, is

1-21     amended by adding Chapter 166 to read as follows:

1-22            CHAPTER 166.  SMOKING IN STATE BUILDINGS OR MEETINGS

1-23     Sec. 166.001.  PURPOSE

1-24     Sec. 166.002.  DEFINITIONS

1-25     Sec. 166.003.  SMOKING AT PUBLIC HEARING OR IN STATE

1-26                     BUILDING; CRIMINAL PENALTY

1-27     Sec. 166.004.  DESIGNATION OF SMOKING AREAS

1-28     Sec. 166.005.  SIGNS

1-29     Sec. 166.006.  REASONABLE EFFORT TO PREVENT SMOKING

1-30     Sec. 166.007.  FACILITIES TO EXTINGUISH SMOKING MATERIALS

1-31     Sec. 166.008.  ADMINISTRATION; WAIVER

1-32     Sec. 166.009.  INJUNCTION

1-33            CHAPTER 166.  SMOKING IN STATE BUILDINGS OR MEETINGS

1-34           Sec. 166.001.  PURPOSE.  The purpose of this chapter is to

1-35     protect the public health, comfort, and environment by phasing in a

1-36     prohibition of smoking in state buildings and at public hearings

1-37     held by state agencies.

1-38           Sec. 166.002.  DEFINITIONS.  In this chapter:

1-39                 (1)  "Smoke," "smokes," or "smoking" includes:

1-40                       (A)  carrying or holding a lighted pipe, cigar,

1-41     or cigarette of any kind or any other lighted smoking material,

1-42     equipment, or device;

1-43                       (B)  lighting a pipe, cigar, or cigarette of any

1-44     kind or any other smoking material, equipment, or device; or

1-45                       (C)  emitting or exhaling the smoke of a pipe,

1-46     cigar, or cigarette of any kind or any other smoking material,

1-47     equipment, or device.

1-48                 (2)  "State agency" includes an agency in any branch of

1-49     state government.

1-50                 (3)  "State building" means a building wholly or

1-51     partially owned or wholly leased by the state but does not include

1-52     property wholly leased for commercial purposes to a person or

1-53     entity not a state agency or property wholly occupied by a

1-54     commercial enterprise operated under a management agreement between

1-55     a state agency and a person or entity not a state agency.

1-56           Sec. 166.003.  SMOKING AT PUBLIC HEARING OR IN STATE

1-57     BUILDING; CRIMINAL PENALTY.  (a)  Prior to September 1, 1998, a

1-58     person commits an offense if the person smokes in a state building

1-59     or at a public hearing conducted by a state agency  and the person

1-60     is not in an area designated as a smoking area under Section

1-61     166.004.  On or after September 1, 1998, a person commits an

1-62     offense if the person smokes in a state building or at a public

1-63     hearing conducted by a state agency.

 2-1           (b)  Prior to September 1, 1998, it is an exception to the

 2-2     application of Subsection (a) that the person is smoking in a place

 2-3     in a state building for which a waiver has been granted under

 2-4     Section 166.008(b).

 2-5           (c)  An offense under this section is a Class C misdemeanor.

 2-6           Sec. 166.004.  DESIGNATION OF SMOKING AREAS.  (a)  Prior to

 2-7     September 1, 1998, and except as provided by Subsection (d), if the

 2-8     chief executive of a state agency decides to permit persons in

 2-9     parts of a state building occupied by that agency to smoke, the

2-10     chief executive or the chief executive's designee shall designate

2-11     areas as smoking areas.  The lieutenant governor or speaker of the

2-12     house of representatives or their designees, as appropriate, may

2-13     designate areas as smoking areas in buildings occupied by the

2-14     legislature.  On and after September 1, 1998, no part of a state

2-15     building occupied by a state agency may be designated a smoking

2-16     area.

2-17           (b)  The designation of smoking areas does not require an

2-18     agency to make structural or physical modifications to accommodate

2-19     the smoking areas, but existing physical barriers and ventilation

2-20     systems shall be used to minimize the effects of smoke in adjacent

2-21     nonsmoking areas.

2-22           (c)  Each state agency shall develop, implement, and maintain

2-23     a written smoking policy that accommodates the wishes of smoking

2-24     and nonsmoking employees by designating smoking and nonsmoking

2-25     areas.  If a dispute arises, the preferences of nonsmokers shall be

2-26     accommodated.  This chapter does not prohibit a state agency from

2-27     designating a place of employment in its entirety as a nonsmoking

2-28     area.

2-29           (d)  A smoking area may not be designated in:

2-30                 (1)  an elevator;

2-31                 (2)  a rest room;

2-32                 (3)  a service line, a cashier area, an

2-33     over-the-counter sales area, or a common traffic area; or

2-34                 (4)  a place in which smoking is prohibited by the fire

2-35     marshal of the state or a political subdivision or by other law,

2-36     ordinance, or rule.

2-37           Sec. 166.005.  SIGNS.  (a)  Each state agency occupying a

2-38     state building shall place signs visible at each entrance to an

2-39     area in the state building occupied by the agency to notify persons

2-40     entering the premises that smoking is prohibited or, prior to

2-41     September 1, 1998, that smoking is prohibited except in areas

2-42     designated as smoking areas.

2-43           (b)  The person responsible for designating smoking areas in

2-44     a state building shall post in a conspicuous place in any area

2-45     designated as a smoking area signs stating that smoking is

2-46     permitted in the area.  The person may post signs in the premises

2-47     stating "No Smoking" or "No Smoking Except in Designated Areas" as

2-48     appropriate.  By September 1, 1998, each "No Smoking Except in

2-49     Designated Areas" sign shall be replaced by a "No Smoking" sign.

2-50           Sec. 166.006.  REASONABLE EFFORT TO PREVENT SMOKING.  (a)  A

2-51     person authorized to designate smoking areas under Section

2-52     166.004(a) shall make a reasonable effort to prevent smoking by:

2-53                 (1)  designating any areas where smoking will be

2-54     permitted as required by Section 166.004;

2-55                 (2)  posting signs as required by Section 166.005; and

2-56                 (3)  asking smokers to refrain from smoking in all

2-57     nonsmoking areas on request of a client, patron, or employee

2-58     suffering discomfort from the smoke.

2-59           (b)  If a smoker refuses to comply with a request to refrain

2-60     from smoking, an affected person may bring an action as provided by

2-61     Section 166.009.

2-62           (c)  This section expires September 1, 1998.

2-63           Sec. 166.007.  FACILITIES TO EXTINGUISH SMOKING MATERIALS.

2-64     (a)  All state buildings shall be equipped with facilities for

2-65     extinguishing smoking materials.

2-66           (b)  Facilities for extinguishing smoking materials that are

2-67     located in areas of state buildings other than designated smoking

2-68     areas shall be accompanied by clearly visible signs stating "No

2-69     Smoking."

 3-1           Sec. 166.008.  ADMINISTRATION; WAIVER.  (a)  The board shall

 3-2     adopt rules necessary under this chapter and shall implement and

 3-3     determine compliance with this chapter.

 3-4           (b)  Prior to September 1, 1998, the commissioner may, on

 3-5     request of a person authorized to designate smoking areas under

 3-6     Section 166.004(a), waive the requirements of this chapter if the

 3-7     commissioner determines that there are compelling reasons to do so

 3-8     and that the waiver will not significantly affect the health and

 3-9     comfort of nonsmokers.  No waiver may be granted on or after

3-10     September 1, 1998.

3-11           Sec. 166.009.  INJUNCTION.  The board, another state agency,

3-12     or any affected person may bring an action in any court of

3-13     competent jurisdiction to enjoin a violation of this chapter.

3-14           SECTION 2.  Each state agency required to adopt a written

3-15     smoking policy under Subsection (c), Section 166.004, Health and

3-16     Safety Code, as added by this Act, shall adopt the policy not later

3-17     than January 1, 1998.

3-18           SECTION 3.  This Act takes effect September 1, 1997.

3-19           SECTION 4.  The importance of this legislation and the

3-20     crowded condition of the calendars in both houses create an

3-21     emergency and an imperative public necessity that the

3-22     constitutional rule requiring bills to be read on three several

3-23     days in each house be suspended, and this rule is hereby suspended.

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