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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.