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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting smoking tobacco on the grounds of the |
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Capitol Complex and in certain state buildings; creating a criminal |
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offense; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2165, Government Code, is |
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amended by adding Section 2165.010 to read as follows: |
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Sec. 2165.010. PROHIBITION ON SMOKING TOBACCO ON GROUNDS OF |
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CAPITOL COMPLEX AND IN CERTAIN STATE BUILDINGS. (a) In this |
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section, "Capitol Complex" means the state-owned property located |
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in Austin, Texas, within the area bounded on the north by 15th |
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Street, bounded on the east by San Jacinto Street, bounded on the |
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south by 11th Street, and bounded on the west by Lavaca Street. |
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(b) A person commits an offense if the person is in possession |
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of a burning tobacco product or smokes tobacco: |
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(1) on the grounds of the Capitol Complex or in a state |
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building in the Capitol Complex, including the Capitol and Capitol |
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Extension; or |
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(2) in a state vehicle while in use on the grounds of |
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the Capitol Complex. |
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(c) An offense under Subsection (b) is a Class C misdemeanor |
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punishable by a fine not to exceed $50. |
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(d) If it is shown on the trial of an offense under |
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Subsection (b) 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 $200. |
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(e) If it is shown on the trial of an offense under |
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Subsection (b) 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 $500. |
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(f) Except as modified by rules adopted under Subsection |
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(g), a state agency in charge and control of a state building in the |
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Capitol Complex shall notify persons entering or exiting the |
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building that smoking is prohibited by placing signs at each |
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entrance and exit to the building and in conspicuous locations in |
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the building and on the grounds of the building. |
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(g) The State Preservation Board shall adopt rules on: |
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(1) the enforcement of this section; and |
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(2) the notification the board will provide to persons |
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who enter the Capitol or Capitol Extension of the criminal penalty |
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that may be assessed under this section. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the State Preservation Board shall adopt the rules and |
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take the actions necessary to implement Section 2165.260, |
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Government Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |