Bill Text: TX HB46 | 2011 | 82nd Legislature 1st Special | Introduced

Texas House Bill 46 (Prior Session Legislation)

Introduced

Bill Title: Relating to reducing state Medicaid and other health care costs by prohibiting smoking in certain public places; providing penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-04 - Reported favorably w/o amendment(s) [HB46 Detail]

Download: Texas-2011-HB46-Introduced.html

	82S10111 YDB-D

	By: Crownover	H.B. No. 46



	A BILL TO BE ENTITLED
	AN ACT
	relating to reducing state Medicaid and other health care costs by
	prohibiting smoking in certain public places; providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. The legislature finds that the changes in law
	made by this Act will reduce the state's costs for health care and
	for treatment of smoking-related illness under governmentally
	funded insurance programs for state employees and their dependents
	and under other taxpayer-supported programs, such as Medicaid and
	indigent health care.
	SECTION 2. (a) Chapter 172, Health and Safety Code, as
	added by this Act, takes effect on the 90th day after the date the
	executive commissioner of the Health and Human Services Commission:
	(1) certifies in writing that prohibiting smoking in
	certain public places in accordance with Chapter 172, Health and
	Safety Code, as added by this Act, will reduce this state's Medicaid
	expenditures in the state fiscal biennium ending August 31, 2013,
	by at least $10 million paid from any revenue source or by $4
	million paid from the general revenue fund; and
	(2) publishes the certification in the Texas Register.
	(b) On publication of the certification as described by
	Subsection (a)(2) of this section, the Health and Human Services
	Commission shall post on the commission's Internet website a copy
	of that certification and notice of the requirements of Chapter
	172, Health and Safety Code, as added by this Act.
	(c) Not later than the 30th day after the date the executive
	commissioner of the Health and Human Services Commission publishes
	the certification as described by Subsection (a)(2) of this
	section, the Department of State Health Services, the Alcoholic
	Beverage Commission, and each county, public health district, and
	local health department shall:
	(1) post a copy of the certification on its Internet
	website; or
	(2) provide notice to holders subject to Chapter 172,
	Health and Safety Code, as added by this Act, of the requirements of
	that chapter.
	(d) If the executive commissioner of the Health and Human
	Services Commission fails to provide the certification required by
	Subsection (a) of this section on or before January 1, 2012, this
	Act expires and Chapter 172, Health and Safety Code, does not take
	effect.
	SECTION 3. Subtitle H, Title 2, Health and Safety Code, is
	amended by adding Chapter 172 to read as follows:
	CHAPTER 172. SMOKING PROHIBITED IN CERTAIN PUBLIC PLACES
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 172.001. DEFINITIONS. In this chapter:
	(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) "Department" means the Department of State Health
	Services.
	(3) "Enclosed area" means all space between a floor
	and ceiling that is enclosed on all sides by solid walls or windows,
	exclusive of doorways, that extend from the floor to the ceiling.
	(4) "Public place" means an enclosed area the public
	is invited or allowed to enter, including a bar and a restaurant.
	(5) "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.
	(6) "Smoke" means to inhale, exhale, burn, or carry a
	lighted cigar, cigarette, pipe, or other smoking equipment in any
	manner.
	(7) "Tobacco bar" means a business that:
	(A) has in excess of 15 percent of gross sales in
	tobacco products, as that term is defined by Section 155.001, Tax
	Code, excluding sales derived from vending machines;
	(B) holds a permit under Chapter 155, Tax Code;
	and
	(C) holds an alcoholic beverage permit or license
	issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage Code, or
	under Section 11.10, Alcoholic Beverage Code.
	(8) "Tobacco shop" means a business primarily devoted
	to the sale of tobacco products, as that term is defined by Section
	155.001, Tax Code, that does not hold an alcoholic beverage permit
	or license.
	Sec. 172.002. APPLICABILITY. (a) Except as provided by
	Section 172.053, this chapter applies only to a public place that is
	owned, managed, operated, or controlled under a license,
	certificate, registration, or other authority or permit issued for
	the public place or to a person who owns, manages, operates, or
	controls the public place by the Department of State Health
	Services, the Alcoholic Beverage Commission, or a local health
	department or, with respect to a permit requirement authorized by
	Chapter 437, a county or public health district.
	(b) Except as provided by Subsection (c), this chapter
	preempts and supersedes a local ordinance, rule, or regulation
	adopted by any political subdivision of this state relating to
	smoking.
	(c) To the extent that a local ordinance, rule, or
	regulation adopted by a political subdivision of this state
	prohibits or restricts smoking to a greater degree than this
	chapter, the ordinance, rule, or regulation is not preempted or
	superseded by this chapter.
	(d) This chapter does not preempt or supersede Section
	38.006, Education Code.
	Sec. 172.003. OTHER APPLICABLE LAWS. This chapter may not
	be construed to authorize smoking where it is restricted by other
	applicable law.
	Sec. 172.004. LIBERAL CONSTRUCTION. This chapter shall be
	liberally construed to further its purpose.
	[Sections 172.005-172.050 reserved for expansion]
	SUBCHAPTER B. PROHIBITED ACTS
	Sec. 172.051. SMOKING PROHIBITED IN PUBLIC PLACES. A
	person may not smoke in a public place in this state.
	Sec. 172.052. EXCEPTIONS. (a) This subchapter does not
	apply to:
	(1) a tobacco shop;
	(2) a tobacco bar;
	(3) the outdoor area of a restaurant or bar;
	(4) an outdoor porch or patio that is not accessible to
	the public;
	(5) the set of a motion picture, television, or
	theater production; or
	(6) a convention of tobacco-related businesses in a
	municipality where a convention of tobacco-related businesses is
	expressly authorized under an applicable municipal ordinance.
	(b) The exception under Subsection (a)(5) applies only to an
	actor who is portraying the use of a tobacco product during the
	motion picture, television, or theater production.
	Sec. 172.053. DECLARATION OF ESTABLISHMENT AS NONSMOKING.
	(a) An owner, operator, manager, or other person in control of any
	establishment, facility, or outdoor area may declare that entire
	establishment, facility, or outdoor area as a nonsmoking place.
	(b) A person may not smoke in a place in which a sign
	conforming to the requirements of Section 172.054 is posted.
	Sec. 172.054. DUTIES OF OWNER, MANAGER, OR OPERATOR OF
	PUBLIC PLACE. An owner, manager, or operator of a public place
	shall:
	(1) post clearly and conspicuously in the public
	place:
	(A) a sign with the words "No Smoking"; or
	(B) a sign with the international "No Smoking"
	symbol, consisting of a pictorial representation of a burning
	cigarette enclosed in a red circle with a red bar across the
	cigarette;
	(2) post at each entrance to the public place a
	conspicuous sign clearly stating that smoking is prohibited; and
	(3) remove all ashtrays from any area in which smoking
	is prohibited.
	[Sections 172.055-172.100 reserved for expansion]
	SUBCHAPTER C. ENFORCEMENT AND PENALTIES
	Sec. 172.101. ENFORCEMENT. (a) The department shall
	enforce this chapter.
	(b) A governmental entity described by Section 172.002(a)
	that issues a license, certificate, registration, or other
	authority or permit for a public place or to a person who owns,
	manages, operates, or controls the public place shall provide
	notice to each applicant for the permit or authority of the
	provisions of this chapter.
	(c) A person may file with the department a complaint
	concerning a violation of this chapter.
	(d) The department or another agency of this state or a
	political subdivision of this state designated by the department
	may inspect an establishment for compliance with this chapter.
	(e) An employer or an owner, manager, operator, or employee
	of an establishment regulated under this chapter shall inform a
	person violating this chapter of the appropriate provisions
	pertaining to the violation.
	Sec. 172.102. INJUNCTIVE RELIEF. In addition to the other
	remedies provided by this chapter, the attorney general at the
	request of the department, or a person aggrieved by a violation of
	this chapter, may bring an action for injunctive relief to enforce
	this chapter.
	Sec. 172.103. OFFENSES; PENALTIES. (a) A person who
	violates Section 172.051 or 172.053(b) 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 public place who
	violates Section 172.054 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.
	(e) If conduct that constitutes an offense under this
	section also constitutes an offense under another law, the offense
	may be prosecuted under this section, the other law, or both this
	section and the other law.
	Sec. 172.104. SEPARATE VIOLATIONS. Each day on which a
	violation of this chapter occurs is considered a separate
	violation.
	SECTION 4. This Act takes effect on the 91st day after the
	last day of the legislative session.