By:  Coleman                                                      H.B. No. 3404



A BILL TO BE ENTITLED

AN ACT

relating to the use of cigarettes and tobacco products at state 
hospitals.  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 552, Health and Safety 
Code, is amended by adding Section 552.002 to read as follows:
	Sec. 552.002.  CIGARETTES AND TOBACCO PRODUCTS.  (a)  In this 
section:
		(1)  "Cigarette" has the meaning assigned by Section 
154.001, Tax Code.
		(2)  "Tobacco product" has the meaning assigned by 
Section 155.001, Tax Code.
	(b)  The department shall permit the possession, delivery, 
and use of cigarettes and tobacco products by patients and staff of 
state hospitals.
	(c)  The department shall provide for the designation by the 
superintendent of each state hospital of approved areas in which 
patients and staff of the state hospital are permitted to use 
cigarettes and tobacco products.  The approved areas must be 
accessible to the patients and staff.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.