Bill Text: TX HB4233 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to prohibiting the use of e-cigarettes in certain bars, restaurants, and places of employment; creating criminal offenses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-29 - Referred to Public Health [HB4233 Detail]
Download: Texas-2021-HB4233-Introduced.html
87R7177 SRA-D | ||
By: Raymond | H.B. No. 4233 |
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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. |