37 Tex. Admin. Code § 151.25 - Tobacco and Vapor Products
(a)
Definitions. The following words and terms, when used in this section, have the
following meanings, unless the context clearly indicates otherwise.
(1) A correctional facility is a secure
facility operated by or under contract with the Texas Department of Criminal
Justice (TDCJ).
(2) A designated
outdoor use area is a location where the use of tobacco and vapor products is
authorized.
(3) An employee is a
person employed by the TDCJ on a full-time, part-time, or temporary basis,
including contract employees.
(4)
An intern is an individual who performs work for the TDCJ on a temporary basis
with or without pay, and whose work:
(A)
provides training or supplements training given in an educational
environment;
(B) provides
experience for the benefit of the individual performing the work; and
(C) is performed under the close supervision
of TDCJ staff.
(5) A
person conducting official state business is any individual on TDCJ property
for the purpose of conducting any form of official state business.
(6) TDCJ property includes land, buildings,
private offices, and vehicles owned, leased, or under contract by the TDCJ,
excluding state-owned individual dwellings.
(7) Tobacco products are cigars, cigarettes,
snuff, or any other similar goods prepared for smoking, chewing, dipping, or
any other such personal use.
(8)
Vapor products are electronic cigarettes (e-cigarettes) or any other device
that uses a mechanical heating element, battery, or electronic circuit to
deliver vapor that may include nicotine to the individual inhaling from the
device, or any substance used to fill or refill the device.
(9) A visitor is any non-TDCJ employee on
TDCJ property for any purpose other than conducting official state
business.
(10) A volunteer is an
individual who has been approved to perform volunteer services for the
TDCJ.
(b) This rule is
applicable to all employees, interns, volunteers, persons conducting official
state business, and visitors to TDCJ property.
(c) The TDCJ is committed to providing a safe
and healthy environment and working conditions for employees, interns,
volunteers, visitors, and inmates. TDCJ employees, interns, volunteers,
visitors, and persons on TDCJ property conducting official state business are
authorized to possess and use tobacco or vapor products in accordance with this
section.
(d) The use of tobacco or
vapor products inside TDCJ property is strictly prohibited. Designated outdoor
use areas shall be at a sufficient distance from any place at which employees
regularly perform duties to ensure that no employee who abstains from the use
of tobacco or vapor products is physically affected by the use of the products
at the designated outdoor use areas. Tobacco or vapor product use in the
designated outdoor use areas shall not affect the safety of any employee,
intern, volunteer, visitor, or inmate. Employees are permitted to use tobacco
or vapor products in designated outdoor use areas while on break and during
their lunch period.
(1) Administrative
Offices.
(A) Employees, interns, volunteers,
visitors, and persons conducting official state business are permitted to carry
and store tobacco and vapor products while in administrative offices that are
not located within a correctional facility. The use of tobacco or vapor
products is only allowed at designated outdoor use areas or in personal
vehicles and any used tobacco or vapor products shall be disposed of in the
receptacles provided or in personal vehicles. For administrative offices
located in a correctional facility, procedures are set forth in subsection
(d)(2) of this section.
(B) The
senior administrator of an administrative office building shall designate
outdoor use areas and ensure the areas are at least 15 feet from any entryway
to the building, preferably removed from the view of passing traffic. If the
building owner or ordinance requires a greater distance, the senior
administrator shall comply.
(2) Secure Correctional Facilities within the
Correctional Institutions and Parole Divisions.
(A) Employees, interns, volunteers, visitors,
and persons conducting official state business are prohibited from carrying and
storing tobacco and vapor products while in secure correctional facilities. The
use of tobacco or vapor products is only allowed in designated outdoor use
areas or in personal vehicles and any used tobacco or vapor products shall be
disposed of in the receptacles provided or in personal vehicles.
(B) The unit warden shall designate outdoor
use areas and ensure the areas are at least 15 feet from the facility's main
entrance.
(e)
Violation of this rule may result in disciplinary action in accordance with
PD-22, "General Rules of Conduct and Disciplinary Action Guidelines for
Employees." Interns, volunteers, visitors, and persons conducting official
state business who violate this rule may be asked to leave the property at the
discretion of the senior supervisor onsite.
Notes
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