HBA-CCH, AMW H.B. 290 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 290
By: Maxey
Public Health
2/11/2001
Introduced



BACKGROUND AND PURPOSE 

Secondhand smoke is the combination of the sidestream smoke from a lighted
cigarette, pipe, or cigar, and the mainstream smoke that is exhaled by a
smoker.  The Environmental Protection Agency (EPA) lists more than 40
cancer-causing chemicals in secondhand smoke.  An EPA study concluded that
secondhand smoke is responsible for approximately 3,000 lung cancer deaths
among nonsmokers, between 150,000 and 300,000 lower respiratory infections
such as pneumonia and bronchitis in infants and young children up to 18
months of age, and between 200,000 and one million cases of children whose
asthmatic symptoms have worsened because of exposure to secondhand smoke.
Consequently, many communities have passed ordinances mandating smoke-free
restaurants.  House Bill 290 prohibits smoking in certain restaurants.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 290 amends the Health and Safety Code to provide that a person
commits a Class C misdemeanor if the person smokes in a restaurant or other
establishment that derives 75 percent or more of its gross revenue from the
sale of food and beverages, not including alcoholic beverages, for
on-premises consumption (food and beverage service establishment).  The
bill requires a person in charge of a food and beverage service
establishment to make a reasonable effort to prevent smoking in the
establishment and provides that a person who violates this duty is liable
to the state for a civil penalty not to exceed $500 for each violation.
The bill authorizes the attorney general to sue to collect the penalty.
H.B. 290 exempts a person from these penalties if the smoking occurs in a
food and beverage service establishment that is being used for a private
function or in an outdoor portion of a food and beverage service
establishment. 

EFFECTIVE DATE

September 1, 2001.