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--All items such as 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 TDCJ, excluding individual family dwellings.
   3. (3) Vehicles--All vehicles owned, leased, or contracted by TDCJ.
   4. (4) TDCJ Employee--Includes all employees of TDCJ, including temporary, part-time, contract employees, volunteers and persons on TDCJ property conducting official State business.
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) and privately operated secure correctional facilities under contract with TDCJ.
3. (c) Policy. TDCJ is committed to providing a safe and healthy environment and working conditions for employees and offenders. TDCJ recognizes an employee's choice to use tobacco products, while balancing the security need to control contraband. 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 the procedures outlined below and in PD-91 "Work Cycles and Compensable Hours of Work."

4. (d) Procedures. The use of tobacco products inside all TDCJ buildings and vehicles, as defined in subsection (a) of this section, is strictly prohibited. Designated 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 with Staff of Multiple Divisions.

      1. (A) Employees are permitted to carry and store tobacco products while at administrative offices. The use of tobacco products is only allowed outdoors in approved, designated areas.
      2. (B) Designated areas shall be identified by the Deputy Executive Director and submitted as consent items to the Board of Criminal Justice 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) Administrative Offices with Staff of a Single Division.

      1. (A) Employees are permitted to carry and store tobacco products while at administrative offices. The use of tobacco products is only allowed outdoors in approved, designated areas.
      2. (B) Designated areas shall be identified by the ranking supervisor, submitted through channels to the Division Director and submitted as consent items to the Board of Criminal Justice 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.

   3. (3) 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 of Criminal Justice 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.

Source Note:The provisions of this §151.25 adopted to be effective October 13, 1997, 22 TexReg 9895.