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of e-cigarettes to a greater degree   than this subchapter, the ordinance, rule, or regulation is not   preempted or superseded by this subchapter.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.