By Maxey                                               H.B. No. 290
         77R2082 MCK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to smoking in certain food and beverage service
 1-3     establishments; providing penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 161, Health and Safety Code, is amended
 1-6     by adding Subchapter Q to read as follows:
 1-7             SUBCHAPTER Q.  SMOKING IN FOOD AND BEVERAGE SERVICE
 1-8                               ESTABLISHMENTS
 1-9           Sec. 161.401.  DEFINITIONS. In this subchapter:
1-10                 (1)  "Food and beverage service establishment" means a
1-11     restaurant or other establishment that derives 75 percent or more
1-12     of its gross revenue from the sale of food and beverages, not
1-13     including alcoholic beverages, for on-premises consumption.
1-14                 (2)  "Smoke" or "smokes" means to inhale, exhale, burn,
1-15     or carry a lighted cigar, cigarette, pipe, or other smoking
1-16     equipment.
1-17           Sec. 161.402.  SMOKING IN FOOD AND BEVERAGE ESTABLISHMENT;
1-18     CRIMINAL PENALTY. (a)  A person commits an offense if the person
1-19     smokes in a food and beverage service establishment.
1-20           (b)  An offense under this section is a Class C misdemeanor. 
1-21           Sec. 161.403.  DUTY OF ESTABLISHMENT. (a)  A person in charge
1-22     of a food and beverage service establishment shall make a
1-23     reasonable effort to prevent smoking in the establishment.
1-24           (b)  A person in charge of a food and beverage service
 2-1     establishment who violates that duty is liable to the state for a
 2-2     civil penalty not to exceed $500 for each violation.  The attorney
 2-3     general may sue to collect the penalty.
 2-4           Sec. 161.404.  EXCEPTIONS. Section 161.402 does not apply to:
 2-5                 (1)  a food and beverage service establishment that is
 2-6     being used for a private function; or
 2-7                 (2)  an outdoor portion of a food and beverage service
 2-8     establishment.
 2-9           SECTION 2.  This Act takes effect September 1, 2001.