1. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) TDCJ--Texas Department of Criminal Justice.
   2. (2) TBCJ--Texas Board of Criminal Justice.
   3. (3) Tobacco Products--Cigars, cigarettes, snuff, or any similar goods prepared for smoking, chewing, dipping, or any other such personal use.
   4. (4) TDCJ Property--Land, building, private offices, and vehicles owned, leased, or under contract by the TDCJ, excluding state-owned individual dwellings.
   5. (5) TDCJ Employee--All employees of the TDCJ, including temporary, part-time, contract employees, and volunteers.
   6. (6) Visitor--Any non-TDCJ employee on TDCJ property for any purpose other than conducting official state business.
   7. (7) Persons Conducting Official State Business--Any individual on TDCJ property for the purpose of conducting any form of official state business.
   8. (8) Designated Outdoor Use Area--A location where the use of tobacco and vapor products are authorized.
   9. (9) Correctional Facilities--Any secure facility operated by or under contract with the TDCJ.
   10. (10) Vapor Products--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.
2. (b) Applicability. This policy is applicable to all employees, persons conducting official state business, and visitors to all TDCJ property.
3. (c) Policy. The TDCJ is committed to providing a safe and healthy environment and working conditions for employees, visitors, and offenders. TDCJ employees, 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.

4. (d) Procedures. The use of tobacco or vapor products inside all 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 use in the designated outdoor use areas shall not negatively affect the comfort or safety of any employee, visitor, or offender. Employees shall be permitted to use tobacco or vapor products during their work hours while on break and during their lunch period.

   1. (1) Administrative Offices.

      1. (A) Employees, 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 on a correctional facility, procedures are set forth in subsection (d)(2) of this section.
      2. (B) The senior administrator of an administrative office 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. (2) Secure Correctional Facilities within the Correctional Institutions and Parole Divisions.

      1. (A) Employees, 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.
      2. (B) The unit warden shall designate outdoor use areas and ensure the areas are at least 15 feet from the facility's main entrance.
5. (e) Violation of this policy may result in disciplinary action pursuant to PD-22, "General Rules of Conduct and Disciplinary Action Guidelines for Employees." Visitors and persons conducting official state business in violation of this policy may be asked to leave the property at the discretion of the senior supervisor onsite.

Source Note:The provisions of this §151.25 adopted to be effective October 13, 1997, 22 TexReg 9895; amended to be effective February 13, 2000, 25 TexReg 816; amended to be effective October 7, 2007, 32 TexReg 6783; amended to be effective November 5, 2015, 40 TexReg 7670.