Texas Workplace Smoking

From: Staffing

Texas Workplace Smoking

Texas Workplace Smoking

Smoking in Public Places

According to Tex. Pen. Code § 48.01, smoking — which includes burning tobacco, smoking tobacco, and e-cigarettes — is prohibited in the following public places:

  • Public schools.
  • Elevators.
  • Enclosed theaters and movie houses.
  • Libraries.
  • Museums.
  • Hospitals.
  • Transit system buses, intrastate buses, and public airplanes and trains.
  • Child care centers and their premises, including on the playground, in transportation vehicles, or during field trips.

All the aforementioned locations must also provide some type of facility to extinguish any smoking materials.

Employers may completely prohibit smoking in the workplace. Such prohibition should be accompanied by a workplace policy, distributed to all employees and included in any employee handbook, along with necessary signage clearly stating that smoking is strictly prohibited under company policy.

Note: Many localities ban smoking, including e-cigarettes, in the workplace and public places. Always refer to local laws for applicability.

Exceptions

It is not unlawful for an individual to smoke in:

  • Designated smoking areas; or
  • When participating in an authorized theatrical performance.

Posting

Employers are required to prominently display “No Smoking” posters in a reasonable size that clearly state smoking is prohibited by state or local law in such location and that noncompliance is an offense punishable by fine.

Additionally, according to Tex. Health & Safety Code Ann. § 161.084, each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine must post a sign in a location that is conspicuous to all employees and customers and that is close to the place where the cigarettes, e-cigarettes, or tobacco products may be purchased. The sign must include the following statement:

PURCHASING OR ATTEMPTING TO PURCHASE E-CIGARETTES OR TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. SALE OR PROVISION OF E-CIGARETTES OR TOBACCO PRODUCTS TO A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED. VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER’S OFFICE BY CALLING (insert toll-free telephone number). PREGNANT WOMEN SHOULD NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR WITH LOW BIRTH WEIGHT.

Signs are provided without charge by the Texas Comptroller to any person who sells cigarettes, e-cigarettes, or tobacco products. The comptroller may provide the sign without charge to distributors of cigarettes, e-cigarettes, or tobacco products or wholesale dealers of cigarettes, e-cigarettes, or tobacco products in this state for distribution to persons who sell cigarettes, e-cigarettes, or tobacco products. A distributor or wholesale dealer may not charge for distributing this sign.

Enforcement

Violations of the smoking law are a Class C misdemeanor punishable by a fine of up to $500. However, it is a defense to a violation if the required “No Smoking” notice(s) are not posted or the facilities to extinguish smoking materials are made not available as required