HBA-CCH, AMW H.B. 290 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 290 By: Maxey Public Health 2/11/2001 Introduced BACKGROUND AND PURPOSE Secondhand smoke is the combination of the sidestream smoke from a lighted cigarette, pipe, or cigar, and the mainstream smoke that is exhaled by a smoker. The Environmental Protection Agency (EPA) lists more than 40 cancer-causing chemicals in secondhand smoke. An EPA study concluded that secondhand smoke is responsible for approximately 3,000 lung cancer deaths among nonsmokers, between 150,000 and 300,000 lower respiratory infections such as pneumonia and bronchitis in infants and young children up to 18 months of age, and between 200,000 and one million cases of children whose asthmatic symptoms have worsened because of exposure to secondhand smoke. Consequently, many communities have passed ordinances mandating smoke-free restaurants. House Bill 290 prohibits smoking in certain restaurants. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 290 amends the Health and Safety Code to provide that a person commits a Class C misdemeanor if the person smokes in a restaurant or other establishment that derives 75 percent or more of its gross revenue from the sale of food and beverages, not including alcoholic beverages, for on-premises consumption (food and beverage service establishment). The bill requires a person in charge of a food and beverage service establishment to make a reasonable effort to prevent smoking in the establishment and provides that a person who violates this duty is liable to the state for a civil penalty not to exceed $500 for each violation. The bill authorizes the attorney general to sue to collect the penalty. H.B. 290 exempts a person from these penalties if the smoking occurs in a food and beverage service establishment that is being used for a private function or in an outdoor portion of a food and beverage service establishment. EFFECTIVE DATE September 1, 2001.