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Ellis wants to make all of Texas smoke-free
January 31, 2007

In a proposal that could keep Houston smokers from dodging the city's tougher public smoking ordinance by patronizing bars and restaurants outside the city limits, state Sen. Rodney Ellis is proposing a statewide ban.

Written by Kristen Mack, Houston Chronicle

AUSTIN — In a proposal that could keep Houston smokers from dodging the city's tougher public smoking ordinance by patronizing bars and restaurants outside the city limits, state Sen. Rodney Ellis is proposing a statewide ban.

He will announce the initiative today and release a poll he says shows public support for the measure.

"A broad array of cities in Texas have stepped up and shown leadership on this issue," said Ellis, D-Houston. "In my judgment you have to make this a public awareness campaign. Members aren't champing at the bit to vote on this. They will feel as much pressure to vote on it from constituents as they will financial pressure from lobbyists and commercial establishments to vote against it."

Fourteen Texas cities are smoke-free, and 47 have passed some type of limit on public smoking, including Houston, where a smoking ban will be expanded to bars in September.

When Houston passed the tougher ordinance in October, Mayor Bill White said he hoped the county and state would consider bans. Before the vote on the tougher city ordinance, Houston restaurant and bar owners had complained that they might lose smokers' business to restaurants outside the city.

Sixteen states have comprehensive smoke-free laws that prohibit smoking in all workplaces, restaurants and bars.

"We are one of those states that would be a tipping point," Ellis said. "If you fight this battle in Texas, it helps make the case elsewhere."

Sixty-six percent of Texans favor making the state's workplaces, restaurants and bars smoke-free, according to a survey conducted by pollster Mike Baselice earlier this month on behalf of "Smoke-Free Texas," which is advocating the legislation.

All-encompassing statewide bans seldom pass on the first legislative attempt, and Ellis said he is not naive in taking on the task. He has considered sponsoring a similar bill in the past and was encouraged to do so this session after Houston's expanded ban passed last year.

"It makes good public health sense and good economic sense," Ellis said. "I am in favor of anyone's right to smoke. I'm not in favor of them putting bystanders in harm's way."

The bill still does not have a sponsor in the House. Ellis says he is searching for someone to "help balance out the political dynamics."

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