Texas House Bill HB1348

Texas 2017 - 85th Regular

Caption

Relating to the authority of a county or municipality to adopt or enforce a smoking ban on the premises of certain businesses.

Impact

The new provisions introduced by HB1348 could lead to a significant shift in local health regulations. By preventing local governments from enforcing smoking bans in specialized tobacco businesses, the legislation effectively restricts the measures that cities and counties can take to promote public health. This could lead to increased exposure to secondhand smoke for employees and patrons in these establishments, potentially undermining local health initiatives aimed at reducing smoking rates and protecting non-smokers.

Summary

House Bill 1348 addresses the authority of counties and municipalities regarding the enforcement of smoking bans in certain establishments, particularly those that derive a significant portion of their revenue from the sale of tobacco products. The bill amends Section 161.089 of the Health and Safety Code to clarify that local governments cannot implement smoking prohibitions in businesses where at least 20 percent of the revenue comes from cigar and tobacco sales. This legislation aims to provide specific guidelines on smoking regulations, which could significantly affect local public health measures aimed at reducing smoking in public spaces.

Contention

Discussion surrounding HB1348 may reveal a divide between public health advocates and business owners within the tobacco industry. Proponents of the bill might argue that it protects local businesses and their right to operate without stringent restrictions that could limit revenue. Conversely, public health groups could contend that such regulations hinder efforts to promote healthier environments and reduce tobacco use overall. The calling into question of local control versus state-defined restrictions serves as a notable point of contention within this legislative framework.