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 or Agency--Texas Department of Criminal Justice.
   2. (2) TBCJ or Board--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 Areas--A location where the use of tobacco products is authorized.
   9. (9) Correctional Facilities--Any secure facility operated by or under contract with the TDCJ.
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. All persons visiting offenders are prohibited from possessing or using any tobacco products. The TDCJ employees and persons on the 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 property is strictly prohibited. Designated outdoor tobacco 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 products is physically affected by the use of tobacco products at the designated areas. Tobacco use in the designated areas shall not negatively affect the comfort or safety of any employee, visitor or offender. Employees shall be permitted to use tobacco 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 products while in administrative offices that are not located within a correctional facility. The use of tobacco products is only allowed outdoors at designated areas 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 Board designates the smoking areas for TDCJ property, other than correctional facilities as provided for in subsection (d)(2) of this section, as any location at least 15 feet from any entryway to the building, preferably removed from the view of passing traffic. The Board designates the same smoking area for administrative offices located in any privately-owned building as the same area set forth by the building owner or local ordinance. If no area is set forth by the building owner or local ordinance, the Board designates the smoking area as any location at least 15 feet from any entryway to the building, preferably removed from the view of passing traffic.

   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 products while in secure correctional facilities. The use of tobacco products is only allowed outdoors in designated areas or in personal vehicles.
      2. (B) The Board designates correctional facility parking lots, areas adjacent to these parking lots and established break areas that are at least 15 feet from the correctional facility's main entrance as smoking areas for secure correctional facilities.
      3. (C) Designated areas shall be clearly identified by signs located at the main entrance to the correctional facility.
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.