| 1 | 1 | | 85R400 SCL-F |
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| 2 | 2 | | By: Shaheen H.B. No. 1279 |
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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 the authority of a county or municipality to adopt or |
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| 8 | 8 | | enforce a smoking ban on the premises of certain businesses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 161.089, Health and Safety Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 161.089. PREEMPTION OF LOCAL LAW; EXCEPTION. (a) |
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| 13 | 13 | | Except as provided by Subsection (b), this [This] subchapter does |
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| 14 | 14 | | not preempt a local regulation of the sale, distribution, or use of |
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| 15 | 15 | | cigarettes or tobacco products or affect the authority of a |
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| 16 | 16 | | political subdivision to adopt or enforce an ordinance or |
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| 17 | 17 | | requirement relating to the sale, distribution, or use of |
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| 18 | 18 | | cigarettes or tobacco products if the regulation, ordinance, or |
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| 19 | 19 | | requirement: |
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| 20 | 20 | | (1) is compatible with and equal to or more stringent |
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| 21 | 21 | | than a requirement prescribed by this subchapter; or |
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| 22 | 22 | | (2) relates to an issue that is not specifically |
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| 23 | 23 | | addressed by this subchapter or Chapter 154 or 155, Tax Code. |
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| 24 | 24 | | (b) A county or municipality may not adopt or enforce an |
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| 25 | 25 | | order, ordinance, or similar measure that prohibits smoking on the |
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| 26 | 26 | | premises of a business that allows smoking and for which at least 20 |
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| 27 | 27 | | percent of the business's revenue is derived from the sale of |
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| 28 | 28 | | cigars, as defined by Section 155.001, Tax Code. |
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| 29 | 29 | | SECTION 2. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2017. |
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