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) Tobacco Products--Cigars, cigarettes, snuff, or similar goods prepared for smoking, chewing, dipping, or other such personal use.
   2. (2) Buildings--Buildings and private offices owned, leased or under contract by the TDCJ, excluding individual family dwellings.
   3. (3) State Vehicles--All vehicles owned, leased, or contracted by the TDCJ.
   4. (4) TDCJ Employee--All employees of the TDCJ, including temporary, part-time, contract employees, volunteers.
2. (b) Applicability. This policy is applicable to all employees of, persons in the custody of, visitors to the Texas Department of Criminal Justice (TDCJ or Agency) and privately operated secure correctional facilities under contract with the TDCJ.
3. (c) Policy. The TDCJ is committed to providing a safe and healthy environment and working conditions for employees and offenders. All offenders and persons visiting offenders are prohibited from possessing or using any tobacco products. TDCJ employees and persons on TDCJ property conducting official State business are authorized to possess and use tobacco products in accordance with Agency policies and procedures.

4. (d) Procedures. The use of tobacco products inside all TDCJ buildings and vehicles, is strictly prohibited. Designated outdoor tobacco areas must be at a sufficient distance from a place at which employees regularly perform duties to ensure that no employee who abstains from the use of tobacco products is physically affected by the use of tobacco products at the designated areas. Tobacco use in the designated areas must not negatively affect the comfort or safety of any employee or offender.

   1. (1) Administrative Offices.

      1. (A) Employees are permitted to carry and store tobacco products while in administrative offices. The use of tobacco products is only allowed outdoors in approved, designated areas or in personal vehicles.
      2. (B) For administrative offices with staff from multiple divisions, designated areas shall be identified by the Deputy Executive Director or his designee and submitted as consent items to the Texas Board of Criminal Justice (TBCJ or Board) for approval. For administrative offices with staff from a single division, designated areas shall be identified by the ranking supervisor, submitted through channels to the Division Director and submitted as consent items to the Board for approval.
      3. (C) Human Resources Representatives shall be responsible for maintaining the approved list of designated areas and posting the list on the employee bulletin board.

   2. (2) Secure Correctional Facilities within the Institutional, State Jail, and Parole Divisions.

      1. (A) Employees are permitted to use tobacco products in designated areas of the parking lots, designated areas adjacent to the parking lots, or in personal vehicles.
      2. (B) Designated areas within or adjacent to the parking lot shall be identified by each Warden/Facility Administrator and submitted through the chain of command to the Division Director. These areas will be submitted as consent items to the Board for approval.
      3. (C) Human Resources Representatives shall be responsible for maintaining the approved list of designated areas and posting the list on the employee bulletin board.
      4. (D) Tobacco products are prohibited outside of the parking lot. Tobacco products found beyond the parking lot will be considered as contraband. Violation of this policy may result in disciplinary action pursuant to PD-22, "Guidelines for Employee Disciplinary Actions."

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.