Statewide Smoke and Mirrors

Well, today was the second day of debate on HB 9, the statewide smoking ban. Overall, this was a poorly crafted piece of shit legislation, but we’ll get to that latter. More importantly is what the legislation meant as a matter of principle, and that is, a violation of property owner’s rights.

At least a dozen times, Rep. Myra Crownover, or one of her stooges for the day, droned on and on about how this was about protecting people’s health and how they didn’t want to have to “wash their hair or dry clean their clothes” after going to a smoky bar. Well, Myra and et al, it is the owner’s perogative to cater to whomever they desire, and maybe they don’t want your whiny ass in their bar. It is not the government’s perogative to legislate the market for a bar or restaurant.

Now that that’s out of the way, we can get to the bill. In the bill analysis, this is said:

Ventilation systems do not work and are costly – they start at about $8,000 for a small restaurant, not including erecting walls or other physical barriers required by most ventilation-based ordinances. If most businesses restricted smoking, $4 million to $8 million per year could be saved nationwide in operating and maintenance costs.

Well, it’s the choice of the owner if they want to incur those costs to cater to their target market. Also, these ventilation systems do work.

The bill prohibits smoking in several places (defined on page 1 – 5 in chapter 169, section 001), but some of the notable places where smoking will be prohibited are theatres or performance facilities, an outdoor arena, stadium or amphitheatre, and bleachers or grandstands at sporting events. This is important, because during the debate, Rep. Bailey sent up an amendment, which was adopted, that would remove the phrase “enclosed indoor” from the definition of restaurant. Rep. Crownover opposed the amendment, because in her words, smoking outdoors was not a problem, since it traveled upwards and was not in an enclosed space, so smoking on a restaurant patio was okee dokee. 

Did you get that? Smoking outdoors is not a problem because the smoke travels upward and dissipates. So, why Myra did you ban smoking 15 feet from an entrance or operable window, in outdoor stadiums, amphitheatres and bleachers? That’s where the first bullshit flag needs to be thrown.

Now, there were several exceptions to this prohibition:

1. Designated smoking rooms at a hotel, if 20 percent or less of the rooms are smoking designated, are continguous (that means connected to one another), and smoke does not travel to non-smoking areas (I wonder if they’ll be using those non-functioning ventilation systems to perform that feat).
2. Private or semi-private rooms in a nursing home occupied by smokers who have requested a smoking room and provided that the smoke doesn’t travel to non-smoking areas (Apparently, while we care about the health of workers in restaurants and bars, we don’t about the health of old people and those who care for them).
3. A private club that does not employ any employees, unless the club is being used for a function to which the general public is invited and the club is not established for the purpose of avoiding compliance with this chapter (bastards, saw that coming didn’t they).
4. Tobacco shops, cigar bars, fraternal and veterans organisations, bingo halls, and premises where charitable bingo is conducted (Obviously, we don’t care about their health either).

So, if this bill is about the health of the people, why were these exceptions made? Because that is a line of bullshit and it would manifest itself many more times, as Rep. Dutton attempted to prohibit smoking in cigar bars – making the point that not everyone can go to a cigar bar to smoke, so they go to their local dive (where smoking would be prohibited under this bill) – and when Rep. Terri Hodge (who lit up a cig on the House floor – long story) attempted to establish an outright ban on cigarettes and tobacco.

Also, it would not pre-empt local laws which are more permissive of smoking.

Basically, the bill boiled down to restaurants who want to protect themselves from competition with bars for the smoking market (remember that bit about being able to smoke on a restaurant patio). It didn’t have anything to do with health, but with protecting one group from competition with another group.

After about the 13th floor amendment and several hours of debate, Rep. Crownover began accepting all but a few amendments, so the entertainment factor died. I was enjoying watching the flaws and inconsistencies of this legislation be pointed out and listening to people defend them.

The kicker of all this. On Friday night, Rep. Dutton’s amendment 1, which would have allowed smoking in bars, was not tabled (pp 56-57 of the Journal), but today Rep. Hartnett moved to reconsider the vote, because he – and apparently some other members – was sleepy and tired that day and didn’t understand what the amendment would do. Ok Mr. Hartnett, you’re a Harvard educated attorney and you couldn’t understand a two page amendment, because you were tired at 6 in the afternoon? If you have Mr. Hartnett as your attorney or are planning on hiring him, make sure he isn’t working on your case past five, because he’ll be sleepy.

Hopefully, it’s too late for this shit to make it through the Senate, and it will be dead for the next year and a half, assuming Guv Goodhair doesn’t call a special session for toll roads (that’s the rumour) and this gets rolled into the call.

Indian Gaming in Texas

Well, no gaming. HB 10, which would have allowed limited forms of gaming on Indian reservations in Texas, failed to pass after the vote ended in a tie.

Previously, the bill had been sent back to committee on a point of order by Rep. Robert Talton, who – according to Capitol Letters – called the point of order because he is a:

“Southern Baptist, and Southern Baptists have traditionally not been in favor of gambling.”

Awesome. Great reasoning. Forget the fact that it would bring tourism to Texas and would allow for these tribes to be self-sufficient rather than subsisting off the federal tit.

Once again, fundamentalists keep limited gaming from taking place in Texas.