Amend CSHB 9 (committee printing) by striking all below the enacting clause and substituting the following: SECTION 1. Subtitle H, Title 2, Health and Safety Code, is amended by adding Chapter 169 to read as follows:CHAPTER 169. SMOKING PROHIBITED IN PUBLIC PLACES AND PLACES OF EMPLOYMENT Sec. 169.001. DEFINITIONS. In this chapter, "smoke" means to inhale, exhale, burn, or carry a lighted cigar, cigarette, pipe, or other smoking equipment in any manner. Sec. 169.002. DECLARATION OF ESTABLISHMENT AS SMOKING OR NON-SMOKING. A political subdivision of this state may require a person in control of a premises within the jurisdiction of the political subdivision to declare the premises as smoking or non-smoking. Sec. 169.003. SIGN REQUIRED. The person in control of a premises under Section 169.002 shall post clearly and conspicuously in a manner reasonably necessary to give notice to persons entering the premises a sign designating the premises as smoking or non-smoking. SECTION 2. This Act takes effect September 1, 2007.