CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH
§ 48.01. SMOKING TOBACCO.
(a) A person commits an
offense if he is in possession of a burning tobacco product or
smokes tobacco in a facility of a public primary or secondary school
or an elevator, enclosed theater or movie house, library, museum,
hospital, transit system bus, or intrastate bus, as defined by
Section 541.201, Transportation Code, plane, or train which is a
(b) It is a defense to prosecution under this section that
the conveyance or public place in which the offense takes place does
not have prominently displayed a reasonably sized notice that
smoking is prohibited by state law in such conveyance or public place and that an offense is punishable by a fine not to exceed
(c) All conveyances and public places set out in Subsection
(a) of Section 48.01 shall be equipped with facilities for
extinguishment of smoking materials and it shall be a defense to
prosecution under this section if the conveyance or public place
within which the offense takes place is not so equipped.
(d) It is an exception to the application of Subsection (a)
if the person is in possession of the burning tobacco product or
smokes tobacco exclusively within an area designated for smoking
tobacco or as a participant in an authorized theatrical
(e) An area designated for smoking tobacco on a transit
system bus or intrastate plane or train must also include the area
occupied by the operator of the transit system bus, plane, or train.
(f) An offense under this section is punishable as a Class C
Added by Acts 1975, 64th Leg., p. 744, ch. 290, Sec. 1, eff. Sept. 1, 1975. Amended by Acts 1991, 72nd Leg., ch. 108, Sec. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 165, Sec. 30.242, eff. Sept. 1, 1997.