80th TX Legislature: Statewide Smoking Ban Proposed
Sen. Rodney Ellis (D-Houston) will soon present Senate Bill 368 in the Texas Legislature, a bill that would create a statewide smoking ban if passed. The bill is essentially the product of diligent efforts by the anti-smoking interest group Smoke-Free Texas, a health-minded group seeking to prohibit smoking in all “public places” throughout the entire state.
S.B. 368, if passed, would circumvent all other municipal smoking bans, such as the one here in Austin. It would apply on every square inch of Texas soil. The arguments presented by both sides are the same old diatribes that we’ve all heard before: One side wants to prevent smokers from breathing their toxic fumes on others, while the other side raises the issues of civil rights, the limited role of government and possible governmental intrusion into our private lives. This will not be a debate over whether second-hand smoke is bad for you; it will be a debate over whether the Texas government should be in the business of regulating such things.
According to the bill’s language, its desired effect is very simple and straightforward. “A person may not smoke in a public place in this state,” it states (a “public place,” according to the bill, is defined as “an enclosed indoor area the public is invited or permitted to enter”). However, you can smoke 15 feet outside prohibited areas. Oh, and the bill will let you smoke in your own home, or in a smoking-designated hotel room.
All in all, this bill portends little or no change for the inhabitants of larger Texas cities like Austin and Dallas, most of which already have similar smoking bans in effect. The real change will be felt by people in smaller Texas towns and rural areas, where the idea of a smoking ban is as foreign as 80-floor skyscrapers, iced mocha shakes and metro-sexual fashion sense.
As such, lawmakers in favor of S.B. 368 will not get it passed without a serious backlash from bar owners and civil rights groups from across the state. Austinist anticipates a cordial political discourse when this bill comes up for debate, unless of course the Republic of Texas gets involved. If that happens, we expect violence in the streets and lawless mayhem. Check with Austinist for further details as they arise.
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