Amend CSHB 9 (committee printing) on page 9 by striking lines 
3-10 and substituting the following:
	Sec. 169.011.  APPLICABILITY; CONSTRUCTION.  (a) Except as 
provided by Subsection (b), this chapter preempts and supersedes a 
local ordinance, rule, or regulation adopted by any political 
subdivision that restricts or prohibits smoking to a lesser degree 
than this chapter.
	(b)  This chapter does not preempt or supersede a local 
ordinance, rule, or regulation adopted by a political subdivision 
with a population of fewer than 50,000 people that prohibits or 
restricts smoking to a lesser degree than this chapter if the local 
ordinance, rule, or regulation was adopted by a political 
subdivision before September 1, 2007.
	(c)  Subsection (a) does not prohibit the adoption by a 
political subdivision, after September 1, 2007, of a local 
ordinance, rule, or regulation that prohibits or restricts smoking 
to a greater degree than this chapter.
	(d)  This chapter shall not be construed to permit smoking 
where it is restricted by other law.
	(e)  This chapter does not preempt or supersede Section 
38.006, Education Code.