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