Texas House Bill HB3415

Texas 2009 - 81st Regular

Caption

Relating to the regulation of smoking in eating and drinking places in certain areas of the state; providing penalties.

Impact

The proposed regulations will apply specifically to eating and drinking places that hold permits or licenses under the Alcoholic Beverage Code. This establishes a uniform standard across the state, particularly in counties with populations exceeding 400,000. One significant aspect of the bill is its preemption clause, which overrides any local ordinances that may already restrict or prohibit smoking in similar establishments. Supporters of the bill argue that it will foster a cleaner and healthier environment for patrons and employees alike.

Summary

House Bill 3415 proposes regulations on smoking in eating and drinking establishments within certain areas of Texas. The bill establishes a prohibition on smoking inside enclosed areas of these establishments, as well as within 15 feet of their primary entrance. The intent of the bill is to enhance public health protections by reducing exposure to secondhand smoke in places where food and drinks are served. To establish a clear understanding of the law, the bill includes definitions of key terms such as 'cigar bar', 'enclosed area', and 'smoke'.

Contention

While the bill has garnered support on the grounds of protecting public health, there may be notable points of contention regarding enforcement and compliance. Establishments would be required to post clear signage indicating the no smoking policy and remove any ashtrays in the prohibited areas. For failing to comply with these requirements, penalties are set for violators, with fines increasing for repeat offenses. Additionally, there could be debate around the exceptions made for cigar bars and veterans' organizations, which may be perceived as inequitable by some public health advocates.