87R7177 SRA-D
By: Raymond H.B. No. 4233
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the use of e-cigarettes in certain bars,
restaurants, and places of employment; creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Health and Safety Code, is amended
by adding Subchapter Y to read as follows:
SUBCHAPTER Y. USE OF E-CIGARETTES PROHIBITED IN BARS, RESTAURANTS,
AND PLACES OF EMPLOYMENT
Sec. 161.751. DEFINITIONS. In this subchapter:
(1) "Bar" means an enclosed indoor establishment that
is open to the public and is devoted primarily to the sale and
service of alcoholic beverages for on-premises consumption.
(2) "E-cigarette" has the meaning assigned by Section
161.081.
(3) "Employee" means an individual who:
(A) is employed by an employer for direct or
indirect monetary wages or profit; or
(B) volunteers the individual's services for an
employer.
(4) "Employer" means a person who employs one or more
individuals or uses the volunteer services of one or more
individuals. The term includes:
(A) a nonprofit entity;
(B) the legislative, executive, and judicial
branches of state government; and
(C) any political subdivision of this state.
(5) "Place of employment" means an enclosed area under
the control of an employer that is used by employees of the employer
but is not generally open to the public.
(6) "Restaurant" means an enclosed indoor
establishment that is open to the public and is devoted primarily to
the sale and service of food for immediate consumption. The term
includes a bar located at the establishment.
Sec. 161.752. APPLICABILITY. (a) Except as provided by
Subsection (b), this subchapter preempts and supersedes a local
ordinance, rule, or regulation adopted by any political subdivision
of this state relating to the use of e-cigarettes.
(b) To the extent that a local ordinance, rule, or
regulation adopted by a political subdivision of this state
prohibits or restricts the use of e-cigarettes to a greater degree
than this subchapter, the ordinance, rule, or regulation is not
preempted or superseded by this subchapter.
(c) This subchapter does not preempt or supersede Section
38.006, Education Code.
Sec. 161.753. OTHER APPLICABLE LAWS. This subchapter may
not be construed to authorize the use of e-cigarettes where the use
is restricted by other applicable law.
Sec. 161.754. USE OF E-CIGARETTE PROHIBITED. A person may
not use an e-cigarette in a:
(1) bar;
(2) restaurant; or
(3) place of employment.
Sec. 161.755. DUTIES OF OWNER, MANAGER, OR OPERATOR OF BAR
OR RESTAURANT OR EMPLOYER IN PLACE OF EMPLOYMENT. An owner,
manager, or operator of a bar or restaurant or an employer in a
place of employment shall conspicuously post a sign in and at each
entrance to the bar, restaurant, or place of employment that
clearly states the use of an e-cigarette is prohibited in the bar,
restaurant, or place of employment, as applicable.
Sec. 161.756. ENFORCEMENT. (a) The department shall
enforce this subchapter.
(b) An agency of this state or a political subdivision of
this state that issues a license, certificate, registration, or
other authority or permit to a bar or restaurant or to an owner,
operator, or other person in control of a bar or restaurant, shall
provide notice to each applicant for the authority or permit of the
provisions of this subchapter.
(c) A person may file with the department a complaint
regarding a violation of this subchapter.
(d) The department or another agency of this state or a
political subdivision of this state designated by the department
may inspect a bar, restaurant, or place of employment for
compliance with this subchapter.
(e) An owner, manager, operator, or employee of a bar or
restaurant or an employer shall inform a person violating this
subchapter that the use of e-cigarettes in the bar, restaurant, or
place of employment, as applicable, is prohibited.
Sec. 161.757. INJUNCTIVE RELIEF. In addition to the other
remedies provided by this subchapter, the attorney general at the
request of the department, or a person aggrieved by a violation of
this subchapter, may bring an action for injunctive relief to
enforce this subchapter.
Sec. 161.758. OFFENSES; PENALTIES. (a) A person who
violates Section 161.754 commits an offense. An offense under this
subsection is a Class C misdemeanor punishable by a fine not to
exceed $50.
(b) An owner, manager, or operator of a bar or restaurant or
an employer in a place of employment who violates Section 161.755
commits an offense. An offense under this subsection is a Class C
misdemeanor punishable by a fine not to exceed $100.
(c) If it is shown on the trial of an offense under
Subsection (b) that the defendant has previously been finally
convicted of an offense under that subsection that occurred within
one year before the date of the offense that is the subject of the
trial, on conviction the defendant shall be punished by a fine not
to exceed $200.
(d) If it is shown on the trial of an offense under
Subsection (b) that the defendant has previously been finally
convicted of two offenses under that subsection that occurred
within one year before the date of the offense that is the subject
of the trial, on conviction the defendant shall be punished by a
fine not to exceed $500.
Sec. 161.759. SEPARATE VIOLATIONS. Each day on which a
violation of this subchapter occurs is considered a separate
violation.
Sec. 161.760. RULES. The executive commissioner shall
adopt rules necessary to implement this subchapter.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules as necessary to implement
Subchapter Y, Chapter 161, Health and Safety Code, as added by this
Act.
SECTION 3. This Act takes effect September 1, 2021.