Texas 2009 - 81st Regular

Texas House Bill HB3415 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8479 ALB-F
2	2	By: Thompson H.B. No. 3415
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of smoking in eating and drinking places
8	8	in certain areas of the state; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 109, Alcoholic Beverage Code, is amended
11	11	by adding Subchapter E to read as follows:
12	12	SUBCHAPTER E. SMOKING PROHIBITED IN CERTAIN EATING AND DRINKING
13	13	PLACES
14	14	Sec. 109.71. DEFINITIONS. In this subchapter:
15	15	(1) "Cigar bar" means a business that:
16	16	(A) has less than 15 percent of gross sales in
17	17	tobacco products, as that term is defined by Section 155.001, Tax
18	18	Code;
19	19	(B) holds a permit under Chapter 155, Tax Code;
20	20	and
21	21	(C) holds an alcoholic beverage permit or license
22	22	under Chapter 25, 28, 32, or 69 originally issued before June 1,
23	23	2009.
24	24	(2) "Eating and drinking place" means an establishment
25	25	that holds a permit or license issued under Chapter 25, 28, 32, or
26	26	69.
27	27	(3) "Enclosed area" means all space between a floor
28	28	and ceiling that is enclosed on all sides by solid walls or windows,
29	29	exclusive of doorways, which extend from the floor to the ceiling.
30	30	(4) "Smoke" means to inhale or exhale smoke from,
31	31	burn, or carry a lighted cigar, cigarette, pipe, or other smoking
32	32	equipment in any manner.
33	33	Sec. 109.72. SMOKING PROHIBITED. A person may not smoke:
34	34	(1) in the enclosed area of an eating and drinking
35	35	place; or
36	36	(2) within 15 feet of the primary entrance to an eating
37	37	and drinking place.
38	38	Sec. 109.73. EXCEPTIONS. This subchapter does not apply to
39	39	a cigar bar or a fraternal or veterans organization as described by
40	40	Section 32.11.
41	41	Sec. 109.74. DUTIES OF PERSON IN CONTROL OF AN EATING AND
42	42	DRINKING PLACE. A person in control of an eating and drinking place
43	43	shall:
44	44	(1) post clearly and conspicuously in a manner
45	45	reasonably necessary to give notice to persons entering the eating
46	46	and drinking place:
47	47	(A) a sign with the words "NO SMOKING"; or
48	48	(B) a sign with the international no smoking
49	49	symbol depicting a burning cigarette overlaid by a red circle with a
50	50	diagonal line across the cigarette; and
51	51	(2) remove all ashtrays from any area where smoking is
52	52	prohibited.
53	53	Sec. 109.75. ENFORCEMENT. (a) The commission or another
54	54	state agency or a political subdivision of the state may enforce
55	55	this subchapter.
56	56	(b) In enforcing this subchapter the commission or another
57	57	state agency or a political subdivision of the state may enter and
58	58	inspect an eating and drinking place.
59	59	(c) A person may file a complaint concerning a violation of
60	60	this subchapter with the commission or a political subdivision of
61	61	the state.
62	62	Sec. 109.76. INJUNCTIVE RELIEF. In addition to the other
63	63	remedies provided by this subchapter, the attorney general or a
64	64	district, county, or city attorney may bring an action for
65	65	injunctive relief to enforce this subchapter.
66	66	Sec. 109.77. OFFENSES; PENALTIES. (a) A person who
67	67	violates Section 109.72 or 109.74 commits an offense. An offense
68	68	under this subsection is a misdemeanor punishable by a fine not to
69	69	exceed $100.
70	70	(b) If it is shown on the trial of an offense under
71	71	Subsection (a) that the defendant has previously been finally
72	72	convicted of an offense under that subsection that occurred within
73	73	one year before the date of the offense that is the subject of the
74	74	trial, on conviction the defendant shall be punished by a fine not
75	75	to exceed $500.
76	76	(c) If it is shown on the trial of an offense under
77	77	Subsection (a) that the defendant has previously been finally
78	78	convicted of two offenses under that subsection that occurred
79	79	within one year before the date of the offense that is the subject
80	80	of the trial, on conviction the defendant shall be punished by a
81	81	fine not to exceed $1,000.
82	82	Sec. 109.78. SEPARATE VIOLATIONS. Each day on which a
83	83	violation of this subchapter occurs is considered a separate
84	84	violation.
85	85	Sec. 109.79. APPLICABILITY; CONSTRUCTION. (a) This
86	86	subchapter applies only to an eating or drinking place located in a
87	87	county with a population of more than 400,000.
88	88	(b) This subchapter preempts and supersedes a local
89	89	ordinance, rule, or regulation adopted by any political subdivision
90	90	that restricts or prohibits smoking on the premises of an eating and
91	91	drinking place in a county subject to this subchapter.
92	92	SECTION 2. This Act takes effect only if neither Senate Bill
93	93	No. 544 nor House Bill No. 5 of the Regular Session of the 81st
94	94	Legislature, prohibiting smoking in certain public places and
95	95	places of employment, becomes law. If Senate Bill No. 544 or House
96	96	Bill No. 5, prohibiting smoking in certain public places and places
97	97	of employment, becomes law, this Act has no effect.
98	98	SECTION 3. This Act takes effect September 1, 2009.