By Maxey                                              H.B. No. 1728
         77R6867 CBH-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of cigarettes and tobacco products at state
 1-3     hospitals.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter A, Chapter 552, Health and Safety Code,
 1-6     is amended by adding Section 552.002 to read as follows:
 1-7           Sec. 552.002.  CIGARETTES AND TOBACCO PRODUCTS. (a)  In this
 1-8     section:
 1-9                 (1)  "Cigarette" has the meaning assigned by Section
1-10     154.001, Tax Code.
1-11                 (2)  "Tobacco product" has the meaning assigned by
1-12     Section 155.001, Tax Code.
1-13           (b)  The department shall permit the possession, delivery,
1-14     and use of cigarettes and tobacco products by patients and staff of
1-15     state hospitals.
1-16           (c)  The department shall provide for the designation by the
1-17     superintendent of each state hospital of approved areas in which
1-18     patients and staff of the state hospital are permitted to use
1-19     cigarettes and tobacco products.  The approved areas must be
1-20     accessible to the patients and staff.
1-21           SECTION 2.  This Act takes effect immediately if it receives
1-22     a vote of two-thirds of all the members elected to each house, as
1-23     provided by Section 39, Article III, Texas Constitution.  If this
1-24     Act does not receive the vote necessary for immediate effect, this
 2-1     Act takes effect September 1, 2001.