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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of smoking in eating and drinking places |
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in certain areas of the state; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 109, Alcoholic Beverage Code, is amended |
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by adding Subchapter E to read as follows: |
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SUBCHAPTER E. SMOKING PROHIBITED IN CERTAIN EATING AND DRINKING |
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PLACES |
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Sec. 109.71. DEFINITIONS. In this subchapter: |
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(1) "Cigar bar" means a business that: |
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(A) has less than 15 percent of gross sales in |
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tobacco products, as that term is defined by Section 155.001, Tax |
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Code; |
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(B) holds a permit under Chapter 155, Tax Code; |
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and |
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(C) holds an alcoholic beverage permit or license |
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under Chapter 25, 28, 32, or 69 originally issued before June 1, |
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2009. |
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(2) "Eating and drinking place" means an establishment |
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that holds a permit or license issued under Chapter 25, 28, 32, or |
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69. |
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(3) "Enclosed area" means all space between a floor |
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and ceiling that is enclosed on all sides by solid walls or windows, |
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exclusive of doorways, which extend from the floor to the ceiling. |
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(4) "Smoke" means to inhale or exhale smoke from, |
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burn, or carry a lighted cigar, cigarette, pipe, or other smoking |
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equipment in any manner. |
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Sec. 109.72. SMOKING PROHIBITED. A person may not smoke: |
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(1) in the enclosed area of an eating and drinking |
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place; or |
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(2) within 15 feet of the primary entrance to an eating |
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and drinking place. |
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Sec. 109.73. EXCEPTIONS. This subchapter does not apply to |
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a cigar bar or a fraternal or veterans organization as described by |
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Section 32.11. |
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Sec. 109.74. DUTIES OF PERSON IN CONTROL OF AN EATING AND |
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DRINKING PLACE. A person in control of an eating and drinking place |
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shall: |
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(1) post clearly and conspicuously in a manner |
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reasonably necessary to give notice to persons entering the eating |
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and drinking place: |
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(A) a sign with the words "NO SMOKING"; or |
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(B) a sign with the international no smoking |
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symbol depicting a burning cigarette overlaid by a red circle with a |
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diagonal line across the cigarette; and |
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(2) remove all ashtrays from any area where smoking is |
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prohibited. |
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Sec. 109.75. ENFORCEMENT. (a) The commission or another |
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state agency or a political subdivision of the state may enforce |
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this subchapter. |
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(b) In enforcing this subchapter the commission or another |
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state agency or a political subdivision of the state may enter and |
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inspect an eating and drinking place. |
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(c) A person may file a complaint concerning a violation of |
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this subchapter with the commission or a political subdivision of |
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the state. |
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Sec. 109.76. INJUNCTIVE RELIEF. In addition to the other |
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remedies provided by this subchapter, the attorney general or a |
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district, county, or city attorney may bring an action for |
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injunctive relief to enforce this subchapter. |
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Sec. 109.77. OFFENSES; PENALTIES. (a) A person who |
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violates Section 109.72 or 109.74 commits an offense. An offense |
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under this subsection is a misdemeanor punishable by a fine not to |
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exceed $100. |
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(b) If it is shown on the trial of an offense under |
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Subsection (a) that the defendant has previously been finally |
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convicted of an offense under that subsection that occurred within |
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one year before the date of the offense that is the subject of the |
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trial, on conviction the defendant shall be punished by a fine not |
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to exceed $500. |
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(c) If it is shown on the trial of an offense under |
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Subsection (a) that the defendant has previously been finally |
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convicted of two offenses under that subsection that occurred |
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within one year before the date of the offense that is the subject |
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of the trial, on conviction the defendant shall be punished by a |
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fine not to exceed $1,000. |
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Sec. 109.78. SEPARATE VIOLATIONS. Each day on which a |
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violation of this subchapter occurs is considered a separate |
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violation. |
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Sec. 109.79. APPLICABILITY; CONSTRUCTION. (a) This |
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subchapter applies only to an eating or drinking place located in a |
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county with a population of more than 400,000. |
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(b) This subchapter preempts and supersedes a local |
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ordinance, rule, or regulation adopted by any political subdivision |
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that restricts or prohibits smoking on the premises of an eating and |
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drinking place in a county subject to this subchapter. |
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SECTION 2. This Act takes effect only if neither Senate Bill |
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No. 544 nor House Bill No. 5 of the Regular Session of the 81st |
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Legislature, prohibiting smoking in certain public places and |
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places of employment, becomes law. If Senate Bill No. 544 or House |
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Bill No. 5, prohibiting smoking in certain public places and places |
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of employment, becomes law, this Act has no effect. |
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SECTION 3. This Act takes effect September 1, 2009. |