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. 3-24 * * * * *