Texas 2021 - 87th Regular

Texas House Bill HB4233 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7177 SRA-D
2	2	By: Raymond H.B. No. 4233
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the use of e-cigarettes in certain bars,
8	8	restaurants, and places of employment; creating criminal offenses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 161, Health and Safety Code, is amended
11	11	by adding Subchapter Y to read as follows:
12	12	SUBCHAPTER Y. USE OF E-CIGARETTES PROHIBITED IN BARS, RESTAURANTS,
13	13	AND PLACES OF EMPLOYMENT
14	14	Sec. 161.751. DEFINITIONS. In this subchapter:
15	15	(1) "Bar" means an enclosed indoor establishment that
16	16	is open to the public and is devoted primarily to the sale and
17	17	service of alcoholic beverages for on-premises consumption.
18	18	(2) "E-cigarette" has the meaning assigned by Section
19	19	161.081.
20	20	(3) "Employee" means an individual who:
21	21	(A) is employed by an employer for direct or
22	22	indirect monetary wages or profit; or
23	23	(B) volunteers the individual's services for an
24	24	employer.
25	25	(4) "Employer" means a person who employs one or more
26	26	individuals or uses the volunteer services of one or more
27	27	individuals. The term includes:
28	28	(A) a nonprofit entity;
29	29	(B) the legislative, executive, and judicial
30	30	branches of state government; and
31	31	(C) any political subdivision of this state.
32	32	(5) "Place of employment" means an enclosed area under
33	33	the control of an employer that is used by employees of the employer
34	34	but is not generally open to the public.
35	35	(6) "Restaurant" means an enclosed indoor
36	36	establishment that is open to the public and is devoted primarily to
37	37	the sale and service of food for immediate consumption. The term
38	38	includes a bar located at the establishment.
39	39	Sec. 161.752. APPLICABILITY. (a) Except as provided by
40	40	Subsection (b), this subchapter preempts and supersedes a local
41	41	ordinance, rule, or regulation adopted by any political subdivision
42	42	of this state relating to the use of e-cigarettes.
43	43	(b) To the extent that a local ordinance, rule, or
44	44	regulation adopted by a political subdivision of this state
45	45	prohibits or restricts the use of e-cigarettes to a greater degree
46	46	than this subchapter, the ordinance, rule, or regulation is not
47	47	preempted or superseded by this subchapter.
48	48	(c) This subchapter does not preempt or supersede Section
49	49	38.006, Education Code.
50	50	Sec. 161.753. OTHER APPLICABLE LAWS. This subchapter may
51	51	not be construed to authorize the use of e-cigarettes where the use
52	52	is restricted by other applicable law.
53	53	Sec. 161.754. USE OF E-CIGARETTE PROHIBITED. A person may
54	54	not use an e-cigarette in a:
55	55	(1) bar;
56	56	(2) restaurant; or
57	57	(3) place of employment.
58	58	Sec. 161.755. DUTIES OF OWNER, MANAGER, OR OPERATOR OF BAR
59	59	OR RESTAURANT OR EMPLOYER IN PLACE OF EMPLOYMENT. An owner,
60	60	manager, or operator of a bar or restaurant or an employer in a
61	61	place of employment shall conspicuously post a sign in and at each
62	62	entrance to the bar, restaurant, or place of employment that
63	63	clearly states the use of an e-cigarette is prohibited in the bar,
64	64	restaurant, or place of employment, as applicable.
65	65	Sec. 161.756. ENFORCEMENT. (a) The department shall
66	66	enforce this subchapter.
67	67	(b) An agency of this state or a political subdivision of
68	68	this state that issues a license, certificate, registration, or
69	69	other authority or permit to a bar or restaurant or to an owner,
70	70	operator, or other person in control of a bar or restaurant, shall
71	71	provide notice to each applicant for the authority or permit of the
72	72	provisions of this subchapter.
73	73	(c) A person may file with the department a complaint
74	74	regarding a violation of this subchapter.
75	75	(d) The department or another agency of this state or a
76	76	political subdivision of this state designated by the department
77	77	may inspect a bar, restaurant, or place of employment for
78	78	compliance with this subchapter.
79	79	(e) An owner, manager, operator, or employee of a bar or
80	80	restaurant or an employer shall inform a person violating this
81	81	subchapter that the use of e-cigarettes in the bar, restaurant, or
82	82	place of employment, as applicable, is prohibited.
83	83	Sec. 161.757. INJUNCTIVE RELIEF. In addition to the other
84	84	remedies provided by this subchapter, the attorney general at the
85	85	request of the department, or a person aggrieved by a violation of
86	86	this subchapter, may bring an action for injunctive relief to
87	87	enforce this subchapter.
88	88	Sec. 161.758. OFFENSES; PENALTIES. (a) A person who
89	89	violates Section 161.754 commits an offense. An offense under this
90	90	subsection is a Class C misdemeanor punishable by a fine not to
91	91	exceed $50.
92	92	(b) An owner, manager, or operator of a bar or restaurant or
93	93	an employer in a place of employment who violates Section 161.755
94	94	commits an offense. An offense under this subsection is a Class C
95	95	misdemeanor punishable by a fine not to exceed $100.
96	96	(c) If it is shown on the trial of an offense under
97	97	Subsection (b) that the defendant has previously been finally
98	98	convicted of an offense under that subsection that occurred within
99	99	one year before the date of the offense that is the subject of the
100	100	trial, on conviction the defendant shall be punished by a fine not
101	101	to exceed $200.
102	102	(d) If it is shown on the trial of an offense under
103	103	Subsection (b) that the defendant has previously been finally
104	104	convicted of two offenses under that subsection that occurred
105	105	within one year before the date of the offense that is the subject
106	106	of the trial, on conviction the defendant shall be punished by a
107	107	fine not to exceed $500.
108	108	Sec. 161.759. SEPARATE VIOLATIONS. Each day on which a
109	109	violation of this subchapter occurs is considered a separate
110	110	violation.
111	111	Sec. 161.760. RULES. The executive commissioner shall
112	112	adopt rules necessary to implement this subchapter.
113	113	SECTION 2. As soon as practicable after the effective date
114	114	of this Act, the executive commissioner of the Health and Human
115	115	Services Commission shall adopt rules as necessary to implement
116	116	Subchapter Y, Chapter 161, Health and Safety Code, as added by this
117	117	Act.
118	118	SECTION 3. This Act takes effect September 1, 2021.