Texas 2011 - 82nd 1st C.S.

Texas Senate Bill SB28

Filed
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to reducing state Medicaid and other health care costs by prohibiting smoking in certain public places; providing penalties.

Impact

The implementation of SB28 is anticipated to significantly lower the state's Medicaid expenditures by an estimated $10 million for the fiscal biennium ending August 31, 2013. By creating a healthier environment, the bill seeks to diminish the incidence of smoking-related health conditions, thereby lessening the demand for medical treatment funded by state resources. This change not only benefits state finances but also aims to improve the overall health of the population by reducing exposure to secondhand smoke.

Summary

Senate Bill 28 (SB28) aims to prohibit smoking in certain public places throughout Texas in an effort to decrease state Medicaid and healthcare costs associated with smoking-related illnesses. The bill specifies that smoking will be prohibited in any enclosed public area, including bars, restaurants, and any indoor establishments open to the public. Exceptions to this rule include private tobacco shops and designated outdoor areas. This legislative move is part of a broader strategy to enhance public health and reduce the financial burden on taxpayer-funded health programs.

Contention

There are notable points of contention surrounding SB28, particularly regarding the balance between public health interests and local governance. Supporters of the bill argue that a statewide smoking ban is necessary to protect citizens’ health and reduce economic costs associated with smoking-related illness. However, critics express concerns that the bill may override local regulations that could be more stringent regarding smoking in public places. The tension between state-level preemption of local laws and the right of municipalities to regulate within their jurisdictions presents an ongoing debate among legislators.

Implementation

Should SB28 be enacted, the Texas Department of State Health Services will be responsible for enforcing the new regulations. Establishments that fail to comply will be subject to penalties, including fines for both individuals who smoke in prohibited areas as well as for owners of venues that do not enforce no-smoking policies. The bill outlines clear guidelines for enforcement and penalties, aiming to promote compliance and maintain public health standards.

Companion Bills

TX HB46

Identical Relating to reducing state Medicaid and other health care costs by prohibiting smoking in certain public places; providing penalties.

Similar Bills

No similar bills found.