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.