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.