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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county or municipality to adopt or |
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enforce a smoking ban on the premises of certain businesses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.089, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 161.089. [PREEMPTION OF] LOCAL LAW NOT PREEMPTED; |
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EXCEPTION. (a) Except as provided by Subsection (b), this [This] |
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subchapter does not preempt a local regulation of the sale, |
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distribution, or use of cigarettes or tobacco products or affect |
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the authority of a political subdivision to adopt or enforce an |
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ordinance or requirement relating to the sale, distribution, or use |
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of cigarettes or tobacco products if the regulation, ordinance, or |
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requirement: |
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(1) is compatible with and equal to or more stringent |
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than a requirement prescribed by this subchapter; or |
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(2) relates to an issue that is not specifically |
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addressed by this subchapter or Chapter 154 or 155, Tax Code. |
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(b) A county or municipality may not adopt or enforce an |
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order, ordinance, or similar measure that prohibits smoking on the |
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premises of a business that allows smoking and for which at least 20 |
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percent of the business's revenue is derived from the sale of cigars |
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or other tobacco products. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |