| 1 | 1 | | 84R5646 KKR-D |
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| 2 | 2 | | By: Zerwas H.B. No. 2352 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to prohibiting smoking tobacco on the grounds of the |
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| 8 | 8 | | Capitol Complex and in certain state buildings; creating a criminal |
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| 9 | 9 | | offense; providing penalties. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 2165, Government Code, is |
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| 12 | 12 | | amended by adding Section 2165.010 to read as follows: |
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| 13 | 13 | | Sec. 2165.010. PROHIBITION ON SMOKING TOBACCO ON GROUNDS OF |
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| 14 | 14 | | CAPITOL COMPLEX AND IN CERTAIN STATE BUILDINGS. (a) In this |
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| 15 | 15 | | section, "Capitol Complex" means the state-owned property located |
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| 16 | 16 | | in Austin, Texas, within the area bounded on the north by 15th |
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| 17 | 17 | | Street, bounded on the east by San Jacinto Street, bounded on the |
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| 18 | 18 | | south by 11th Street, and bounded on the west by Lavaca Street. |
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| 19 | 19 | | (b) A person commits an offense if the person is in possession |
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| 20 | 20 | | of a burning tobacco product or smokes tobacco: |
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| 21 | 21 | | (1) on the grounds of the Capitol Complex or in a state |
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| 22 | 22 | | building in the Capitol Complex, including the Capitol and Capitol |
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| 23 | 23 | | Extension; or |
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| 24 | 24 | | (2) in a state vehicle while in use on the grounds of |
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| 25 | 25 | | the Capitol Complex. |
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| 26 | 26 | | (c) An offense under Subsection (b) is a Class C misdemeanor |
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| 27 | 27 | | punishable by a fine not to exceed $50. |
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| 28 | 28 | | (d) If it is shown on the trial of an offense under |
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| 29 | 29 | | Subsection (b) that the defendant has previously been finally |
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| 30 | 30 | | convicted of an offense under that subsection that occurred within |
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| 31 | 31 | | one year before the date of the offense that is the subject of the |
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| 32 | 32 | | trial, on conviction the defendant shall be punished by a fine not |
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| 33 | 33 | | to exceed $200. |
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| 34 | 34 | | (e) If it is shown on the trial of an offense under |
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| 35 | 35 | | Subsection (b) that the defendant has previously been finally |
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| 36 | 36 | | convicted of two offenses under that subsection that occurred |
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| 37 | 37 | | within one year before the date of the offense that is the subject |
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| 38 | 38 | | of the trial, on conviction the defendant shall be punished by a |
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| 39 | 39 | | fine not to exceed $500. |
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| 40 | 40 | | (f) Except as modified by rules adopted under Subsection |
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| 41 | 41 | | (g), a state agency in charge and control of a state building in the |
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| 42 | 42 | | Capitol Complex shall notify persons entering or exiting the |
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| 43 | 43 | | building that smoking is prohibited by placing signs at each |
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| 44 | 44 | | entrance and exit to the building and in conspicuous locations in |
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| 45 | 45 | | the building and on the grounds of the building. |
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| 46 | 46 | | (g) The State Preservation Board shall adopt rules on: |
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| 47 | 47 | | (1) the enforcement of this section; and |
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| 48 | 48 | | (2) the notification the board will provide to persons |
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| 49 | 49 | | who enter the Capitol or Capitol Extension of the criminal penalty |
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| 50 | 50 | | that may be assessed under this section. |
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| 51 | 51 | | SECTION 2. As soon as practicable after the effective date |
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| 52 | 52 | | of this Act, the State Preservation Board shall adopt the rules and |
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| 53 | 53 | | take the actions necessary to implement Section 2165.260, |
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| 54 | 54 | | Government Code, as added by this Act. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2015. |
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