Amend Amendment No. 1 by Dutton by inserting the following 
appropriately numbered item and renumbering items of the amendment 
accordingly:
	( )  Insert the following appropriately numbered SECTION and 
renumber existing SECTIONS of the bill appropriately:
	SECTION ____.  Subchapter C, Chapter 109, Alcoholic Beverage 
Code, is amended by adding Section 109.34 to read as follows:
	Sec. 109.34.  REGULATION OF SMOKING.  Notwithstanding any 
city ordinance or county regulation, a mixed beverage permit holder 
whose premises has at least two areas with separate ventilation 
systems may allow smoking in one or more of those areas if smoking 
is not allowed in at least one of those areas.