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