Section 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.37 Tex. Admin. Code § 151.25
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 by Texas Register, Volume 40, Number 44, October 30, 2015, TexReg 7670, eff. 11/5/2015; Amended by Texas Register, Volume 44, Number 36, September 6, 2019, TexReg 4874, eff. 9/15/2019; Amended by Texas Register, Volume 49, Number 09, March 1, 2024, TexReg 1285, eff. 3/3/2024