85R8254 SCL-F     By: Cain H.B. No. 1348       A BILL TO BE ENTITLED   AN ACT   relating to the authority of a county or municipality to adopt or   enforce a smoking ban on the premises of certain businesses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 161.089, Health and Safety Code, is   amended to read as follows:          Sec. 161.089.  [PREEMPTION OF] LOCAL LAW NOT PREEMPTED;   EXCEPTION. (a) Except as provided by Subsection (b), this [This]   subchapter does not preempt a local regulation of the sale,   distribution, or use of cigarettes or tobacco products or affect   the authority of a political subdivision to adopt or enforce an   ordinance or requirement relating to the sale, distribution, or use   of cigarettes or tobacco products if the regulation, ordinance, or   requirement:                (1)  is compatible with and equal to or more stringent   than a requirement prescribed by this subchapter; or                (2)  relates to an issue that is not specifically   addressed by this subchapter or Chapter 154 or 155, Tax Code.          (b)  A county or municipality may not adopt or enforce an   order, ordinance, or similar measure that prohibits smoking on the   premises of a business that allows smoking and for which at least 20   percent of the business's revenue is derived from the sale of cigars   or other tobacco products.          SECTION 2.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.