El Paso, TX

TX Statute 2306.201 Housing Trust Fund
Effective: 6/18/09 – Through: 5/31/23
(a) The housing trust fund is a fund:

(1) administered by the department through the housing finance division; and

(2) placed with the Texas Treasury Safekeeping Trust Company.

(b) The fund consists of:

(1) appropriations or transfers made to the fund;

(2) unencumbered fund balances;

(3) public or private gifts, grants, or donations;

(4) investment income, including all interest, dividends, capital gains, or other income from the investment of any portion of the fund;

(5) repayments received on loans made from the fund; and

(6) funds from any other source.

(c) The department may accept gifts, grants, or donations for the housing trust fund. All funds received for the housing trust fund under Subsection (b) shall be deposited or transferred into the Texas Treasury Safekeeping Trust Company.

TX Statute 2306.202 Use of Housing Trust Fund
Effective: 6/18/09 – Through: 5/31/23
(a) The department, through the housing finance division, shall use the housing trust fund to provide loans, grants, or other comparable forms of assistance to local units of government, public housing authorities, nonprofit organizations, and income-eligible individuals, families, and households to finance, acquire, rehabilitate, and develop decent, safe, and sanitary housing. In each biennium the first $2.6 million available through the housing trust fund for loans, grants, or other comparable forms of assistance shall be set aside and made available exclusively for local units of government, public housing authorities, and nonprofit organizations. Any additional funds may also be made available to for-profit organizations provided that at least 45 percent of available funds, as determined on September 1 of each state fiscal year, in excess of the first $2.6 million shall be made available to nonprofit organizations for the purpose of acquiring, rehabilitating, and developing decent, safe, and sanitary housing. The remaining portion shall be distributed to nonprofit organizations, for-profit organizations, and other eligible entities. Notwithstanding any other section of this chapter, but subject to the limitations in Section 2306.251(c), the department may also use the fund to acquire property to endow the fund.

(b) Use of the fund is limited to providing:

(1) assistance for individuals and families of low and very low income;

(2) technical assistance and capacity building to nonprofit organizations engaged in developing housing for individuals and families of low and very low income; and

(3) security for repayment of revenue bonds issued to finance housing for individuals and families of low and very low income.

TX Statute 2306.204 Independent Audit of Housing Trust Fund
Effective: 8/31/93 – Through: 5/31/23
(a) An independent auditor shall annually conduct an audit of the housing trust fund to determine the amount of unencumbered fund balances that is greater than the amount required for the reserve fund.

(b) The independent auditor shall submit the audit report to the board not later than December 31 of each year.

TX Statute 2306.203 Rules Regarding Administration of Housing Trust Fund
Effective: 6/18/09 – Through: 6/30/22
The board shall adopt rules to administer the housing trust fund, including rules providing:

(1) that the division give priority to programs that maximize federal resources;

(2) for a process to set priorities for use of the fund, including the distribution of fund resources in accordance with a plan that is developed and approved by the board and included in the department’s annual report regarding the housing trust fund as described in the General Appropriations Act;

(3) that the criteria used to evaluate a proposed activity will include the:

(A) leveraging of resources;

(B) cost-effectiveness of the proposed activity; and

(C) extent to which individuals and families of very low income are served by the proposed activity;

(4) that funds may not be made available for a proposed activity that permanently and involuntarily displaces individuals and families of low income;

(5) that the board attempt to allocate funds to achieve a broad geographical distribution with:

(A) special emphasis on equitably serving rural and nonmetropolitan areas; and

(B) consideration of the number and percentage of income-qualified families in different geographical areas; and

(6) that multifamily housing developed or rehabilitated through the fund remain affordable to income-qualified households for at least 20 years.

TX Statute 2306.205 Transfer of Money to Housing Trust Fund
Effective: 8/31/97 – Through: 5/31/23
(a) Except as provided by Subsections (c), (d), and (e), not later than January 10 of each year the housing finance division shall transfer to the housing trust fund an amount, as determined by the audit report prepared under Section 2306.204, equal to one-half of the housing finance division’s unencumbered fund balances in excess of two percent of the division’s total bonded indebtedness that is not rated on its own merits in the highest long-term debt rating category by one or more nationally recognized rating agencies.

(b) The department shall determine the unencumbered fund balance under Subsection (a) according to the debt rating criteria established for housing finance agencies by one or more nationally recognized rating agencies.

(c) If, at the time an annual audit required by Section 2306.204 is concluded, the housing finance division’s unencumbered fund balances exceed four percent of its total bonded indebtedness that is not rated on its own merits in the highest long-term debt rating category, the department shall transfer not later than January 10 of the next year all amounts in excess of that four percent.

(d) If, at the time an annual audit required by Section 2306.204 is concluded, a nationally recognized rating agency has recommended that the housing finance division maintain unencumbered fund balances in excess of the amount permitted by Subsection (a) to achieve or maintain a rating of at least Aa/A+ on all or a portion of the bonded indebtedness of the housing finance division that is issued under an open indenture or an open flow of funds, the department shall transfer not later than January 10 of the next year all amounts in excess of the amount required by the rating agency to be held as unencumbered fund balances.

(e) If, at the time an annual audit required by Section 2306.204 is concluded, a nationally recognized rating agency has recommended that the housing finance division increase the amount of its unencumbered fund balances to achieve or maintain a financially sound condition or to prevent a decrease in the long-term debt rating maintained on all or a portion of the housing finance division’s bonded indebtedness, the housing finance division may not make further annual transfers to the housing trust fund until all requirements and conditions of the rating agency have been met.

(f) In addition to the money transferred into the housing trust fund under this section, and subject to Subsection (e), the department shall transfer into the fund the amount of any origination fee, asset oversight fee, and servicing fee the department or the Texas State Affordable Housing Corporation receives in relation to the administration of its 501(c)(3) bond program established pursuant to Section 2306.358 that exceeds the amount needed by the department or the Texas State Affordable Housing Corporation to pay its operating and overhead costs and fund reserves, including an insurance reserve or credit enhancement reserve established by the board in administering the program.

El Paso ORDINANCE No. XX. AN ORDINANCE ADOPTING THE EL PASO COMPLETE STREETS POLICY
[. . .]
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF EL PASO, AS FOLLOWS:
Section 1. The City of El Paso adopts and approves the City of El Paso Complete Streets Policy – July 2022 as an addendum to Plan El Paso, attached as Exhibit A.
Section2. In furtherance of the adopted policy, City officers and staff are authorized and directed to prepare a Complete Streets Implementation Plan based on the task outlined therein.
Section3. City officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance.
[…]
City of El Paso, Texas Complete Streets Policy
Vision and Intent
Quality of life is a top priority for the residents and leaders of El Paso, with recent investments made to improve parks and expand trails, increase access to public transportation, and address public health concerns. City streets are public spaces that can be used to address these priorities.
A Complete Streets policy serves to create a connected, resilient, and equitable transportation network through a shift in street and road design that ensures equitable access to community resources for all people, including those who walk, bike, use a wheelchair, use public transportation, or drive. In addition to establishing a safe and equitable transportation network, a complete streets approach provides additional co-benefits through improvements in public health and air quality, increased access to outdoor recreation opportunities, reduced maintenance costs, increased property values, and enhanced neighborhood safety and aesthetics.
Through this policy, the City of El Paso confirms its commitment to integrating and prioritizing multimodal transportation options in all street and road projects. This Complete Streets Policy directly supports the transportation goals outlined in Plan El Paso and the Livable City Sustainability Plan “to become the least car-dependent city in the Southwest through meaningful travel options and land-use patterns that support walkability, livability, and sustainability.” This policy will also directly support the goals outlined in the 25 by 2025 City of El Paso Strategic Plan, such as:
1.5 – Stimulate economic growth through transit and bridges
2.4 – Improve motorist safety and traffic management solutions
3.1 – Improve the visual impression of the community (gateways, corridors, intersections, and parkland)
3.2 – Set one standard for infrastructure across the City
7.2 – Improve competitiveness through infrastructure improvements impacting the quality of life
7.3 – Implement improvements and activate programming that support and promote multimodal transportation
7.5 – Design and implement infrastructure projects that maximize co-benefits, simultaneously addressing climatic and social stressors such as flooding, heat and energy, and citizen mobility update 8.5 – Improve air quality throughout El Paso
The City shall consistently support, plan, design, construct, and operate an interconnected street network that safely accommodates all anticipated users and transportation modes. Attention shall be given to the safety and comfort needs of the most vulnerable individuals on our streets—people walking, biking, taking transit, exercising and using wheelchairs or other mobility devices as well as other individuals with visual or hearing disabilities—while still balancing the needs of those driving private, commercial, freight, and emergency vehicles. This policy recognizes that all modes cannot receive the same type of accommodation on every street; the overarching goal is that everyone has the ability to access the transportation system and travel throughout the network in a safe and comfortable manner. To accomplish this goal, the City is committed to prioritize transportation investments which make walking, biking, public transit, and shared mobility safe, attractive, and viable travel options in El Paso.
In addition to their transportation function, streets are the largest form of public space in the City.
Therefore, by implementing this policy, the City intends to enhance the potential of our streets to become healthy, vibrant, and inviting “places to be” with pedestrian-scale lighting, shade trees, landscaping, green infrastructure, public art, walkable destinations, and other amenities. As the City continues to deal with public health challenges it is more important than ever to provide equitable access to multimodal transportation alternatives that accommodate social distancing guidelines and ensure user safety.

Guiding Principles
This Policy is built upon the following six guiding principles and provides a framework for integrating a Complete Streets approach into the plans, policies, decision-making processes, funding priorities, and other everyday practices of the Capital Improvement Department (CID), Streets and Maintenance Department (SAM), Planning and Inspections Department (P&I), as well as other relevant city departments.
Safety – Complete Streets provide a safe travel experience to all users, including drivers, and are an effective strategy to eliminating preventable traffic fatalities.
Accessibility – Complete Streets serve people of all ages and abilities by including design elements such as curb ramps to accommodate users with mobility issues. Regular maintenance is critical to ensuring that sidewalks and bike lanes stay clear of sediment, debris, or ponding water.
Equity, Diversity, And Inclusivity – Complete Streets elements are implemented equitably and inclusively throughout the city, with targeted outreach and implementation programs to address the most vulnerable and under-invested neighborhoods.
Land Use – Complete Streets incorporate context sensitive, flexible design approaches that consider the surrounding community’s current and expected land use and transportation needs when designing and implementing pedestrian, cyclist, and transit facilities.
Environment – Complete Streets preserve and protect El Paso’s environment and improve health by providing opportunities for active transportation, reducing vehicle miles traveled, decreasing pollution caused by motor vehicles, and managing stormwater through the implementation of green infrastructure.
Economic Vitality – Complete Streets help spur economic development by supporting business and job creation, promoting resiliency in the workforce through access to multiple mobility options, and through increased property values for homeowners and increased property tax revenue for the City.

Equity, Diversity, and Inclusivity
The City of El Paso is committed to advancing transportation equity through the Complete Streets approach by investing in the most underserved communities, involving the people who have historically been excluded from the transportation planning process, and prioritizing projects and roadway designs that serve the most vulnerable users of the transportation network. The City’s unique geographic location, binational culture, and close economic relationship with Ciudad Juarez should be considered when identifying and developing multimodal corridors in order to serve the millions of international tourists that cross into El Paso’s ports of entry as pedestrians or cyclists.
There are populations and communities within our City that face higher transportation burdens and experience greater barriers to accessing resources and opportunities, as well as disenfranchised populations and communities that have traditionally been underrepresented in city planning and decision-making processes. These populations include low-income individuals, people of color, senior residents, children, youth, people with disabilities, and people living in households without access to a private automobile.
Each of these groups are either at higher risk of injury or death while walking or biking and/or more likely to walk, bike or use public transit than the population as a whole and, therefore, need to be considered specifically when improving the transportation environment. To begin to address these inequities, the City shall incorporate equity criteria into the project prioritizing process and develop an inclusive community engagement plan to reach our most vulnerable users and underrepresented populations (as outlined in Project Selection Criteria). It is important to incorporate equity criteria when evaluating maintenance as well in order to maintain accessibility for everybody, including the most vulnerable users.

Commitment in All Projects and Phases
All transportation projects are potential opportunities to make the transportation network safer, as well as more accessible, convenient, affordable, resilient, and reliable. Therefore, this Complete Streets Policy shall inform decision making throughout all phases of all transportation projects, from planning through design and construction, in order to ensure safe and equitable access to the transportation network. These procedures and core principles shall apply to all transportation projects including new construction, reconstruction, resurfacing, restoration and rehabilitation.
Construction and repair work can create a burden especially for people walking, biking, or using wheelchairs or other mobility devices. Therefore, the City shall require that all public departments and private contractors provide accommodations for people using all modes of transportation to continue to use the street safely during any construction or repair work that infringes upon the right-of-way, sidewalk, bicycle lanes, transit stops, or accessibility infrastructure such as curb ramps in accordance with this policy and the Manual for Uniform Traffic Control Devices (MUTCD).

Implementation Steps
Coordination, Implementation, and Oversight
In implementing this policy, the City shall make the Complete Streets approach a routine and integral part of its everyday practices and shall approach every transportation project as an opportunity to enhance mobility for people using all modes of transportation. The City shall establish two committees, the Technical Review Committee and the Mobility Advisory Committee, to ensure successful implementation of this policy and facilitate internal City coordination, public oversight, and community engagement.

Technical Review Committee (TRC)
The Technical Review Committee will be responsible for overseeing internal implementation and ensuring the interdepartmental coordination of projects with Complete Streets design elements. The TRC shall also invite external issue area experts, such as representatives from academic institutions, advocacy groups, community organizations, or local and national planning and transportation organizations, as needed to provide technical support to the committee. The TRC will meet at the request of the Chair as frequently as required to perform its duties and at least once per quarter, in-line with Capital Improvement Department project status quarterly updates.
The TRC shall comprise the following representatives:
• Capital Improvement (Chair of the Committee)
• Streets and Maintenance (Co-chair)
• Planning and Inspections (Co-chair)
• Parks and Recreation
• Community and Human Development
• El Paso Fire Department
• El Paso Police Department
• El Paso Water Utilities/Public Service Board
• Environmental Services
• Sun Metro/Mass Transit Department
• Office of Accessibility & ADA
• Public Health
• LiveActive EP
• At least one representative from the Mobility Advisory Committee

Mobility Advisory Committee (MAC)
The Mobility Advisory Committee (MAC) will help provide oversight and accountability for the Complete Streets Policy. The MAC will work in tandem with the TRC to provide input on the implementation steps described below, as well as on the review of exceptions, project prioritization and selection, funding allocation, and advocacy and engagement around Complete Streets projects. This committee provides an opportunity for direct public involvement in the Complete Streets process, both through volunteer opportunities to serve on the committee as well as the opportunity to review and comment on the publicly available agenda items and any relevant projects.
This committee shall consist of diverse stakeholders, including representatives from the general public as well as different sectors, industries, and issue areas such as transportation, health, education, environment, environmental justice, social equity, public art, economic development, business, and construction. The committee shall also include representatives from advocacy groups and organizations working with communities prioritized within the Project Selection Criteria. To the extent possible, the MAC shall provide a holistic representation of El Paso’s diversity and include members reflective of regional demographics. Senior level staff from CIP, SAM, P&I, and other appropriate City departments will participate in MAC meetings to ensure accountability, communication, and action. This can be accomplished by including non-voting advisors to ensure that all desired roles and perspectives are represented.
Within 90 days of policy adoption, CID, SAM, and P&I, in consultation with the Technical Review Committee, shall draft enabling policy that creates the new Mobility Advisory Committee and clearly defines the roles, responsibilities, and makeup of the committee. This document will also describe how the TRC will interface with the MAC.
The structure of the Mobility Advisory Committee shall be guided by the following principles:
• Follows best practices in collaborative decision- making and community empowerment
• Includes diverse representation from key stakeholder groups mentioned above
•Brings accountability to the implementation of this Complete Streets Policy
• Fostering collaboration between City staff and external stakeholders
• Facilitated by a neutral, professional facilitator

Implementation Strategy
The Technical Review Committee (TRC) and the Mobility Advisory Committee (MAC) shall take the lead on implementation of this Complete Streets Policy. Within six months of policy adoption, the Technical Review Committee and the Mobility Advisory Committee shall start developing a Complete Streets Implementation Plan addressing all items listed below and shall identify a deadline for the completion of the implementation plan.
The progress on implementation shall be documented in annual reports, and timelines for completing identified tasks, such as reviews and revisions of existing documents and development of new plans, tools, or performance measures shall be established.
1. Designate a Complete Streets Program Manager to oversee all aspects of the Complete Streets Policy including its implementation.
2. Offer training opportunities at least once per fiscal year to boost staff capacity in Complete Streets Policy implementation. Trainings can focus on Complete Streets design and implementation, community engagement, equity, smart technology, or other relevant topics. The City shall also encourage and facilitate professional development in the Complete Streets approach by providing opportunities to attend national conferences, virtual web trainings, and other training opportunities. Complete Streets MAC members shall be included in these trainings, as appropriate. The City shall provide opportunities for the general public to participate in Complete Street training in order to increase awareness and improve community understanding for these types of projects.
3. Identify, review, and revise existing relevant procedures, plans, regulations, and other processes for consistency with the Complete Streets Policy.
4. Review and revise street design standards currently used in the planning, designing, and implementation phases of transportation projects to ensure that they reflect the best available design guidelines for effectively implementing Complete Streets facilities. The City is currently updating standards to reflect Complete Streets. This manual may also be incorporated into current comprehensive design standard updates and will be made publicly available online.
5. Develop a project prioritization tool as outlined in Project Selection Criteria.
6. Identify performance targets and select performance measures as outlined in Performance Measurement, Reporting, and Accountability.
7. Develop and adopt other tools, such as a Complete Streets Checklist, as necessary to help guide project implementation.
8. Identify ways to improve other City practices to better align with the goals of the Complete Streets Policy and changing trends in the industry, including multimodal level of service analysis and multimodal trip generation methods for transportation impact studies.
9. Proactively implement automobile speed- management strategies—such as right-sizing, striping narrower lanes, narrowing turn radii, and adding traffic-calming/green infrastructure features like speed tables, neighborhood traffic circles, curb extensions, and chicanes—during planned maintenance and operations as well as retrofitting projects.
10. Experiment with the use of “lighter-quicker- cheaper” techniques and temporary materials—like paint, planters, and portable street furnishings—for a variety of Complete Streets enhancements (such as protected bike lanes, traffic calming and management features, plazas, parklets, and intersection safety improvements), to test out ideas, implement pilot projects, and gather community input more quickly.
11. Develop a plan for accommodating each mode of transportation at a network or system level, in addition to such considerations at the project level. This process may include the completion of a Mobility Master Plan, a Pedestrian Master Plan, a Bicycle Master Plan, a Transit Master Plan, and/ or a Freight Master Plan. It may also include the adoption of an Expanded Functional Classification System and/or a street typology system to provide a multi-modal emphasis and a context-sensitive approach in the way streets are classified and designed.
12. Facilitate coordinated implementation of both the Complete Streets Policy and existing plans and policies that support the creation of Complete Streets, including but not limited to Plan El Paso, the City of El Paso Bike Plan, the Americans with Disabilities Act (ADA) Transition Plan, the Vision Zero Safety Action Plan, and Green Infrastructure/Green Street principles such as those in the Onward Alameda Corridor Plan.
13. Create a plan to ensure robust, meaningful, and inclusive community engagement, with a particular emphasis on engagement of communities that have traditionally been underrepresented in city planning and decision-making processes. The plan shall include specific strategies for overcoming barriers to engagement associated with race/ ethnicity, income, age, disability, English language proficiency, vehicle access, non-traditional schedules, and other factors linked to historic disenfranchisement. The plan shall include an evaluation of these outreach efforts to include in the annual report, as detailed in Performance Measurement, Reporting, and Accountability.
14. Actively seek sources of public and private funding to assist in the implementation of this Policy.
Jurisdiction
In 2012, the City adopted a Complete Streets Policy that established the ambitious goal “to become the least car-dependent City in the Southwest through meaningful travel options and land-use patterns that support walkability, livability, and sustainability. Over time, El Paso will join the ranks of the most walkable and transit-rich metropolitan areas in the country.” This policy resulted in new street design cross-sections and multi-modal considerations that have placed a larger emphasis on transit and cycling opportunities.
This updated Complete Streets Policy incorporates a more robust, equitable, and accountable framework for expanding El Paso’s complete street network. Successful and effective implementation of this policy will require collaboration between multiple city departments and other entities (both private and public).
Clear and effective communication between all parties and awareness of the policy will be necessary to identify opportunities to incorporate Complete Streets elements and to implement them. The City shall ensure internal coordination among its departments to effectively and strategically implement the Complete Streets Policy while making the best use of fiscal resources. The City should also seek to identify opportunities to work with surrounding municipalities in order to identify potential complete street corridors throughout the region to complement investments within City limits.
The City shall make every effort to work with other entities such as the County of El Paso, Rio Grande Council of Governments (RGCOG), the Texas Department of Transportation (TxDOT), the Metropolitan Planning Organization (MPO), the Camino Real Regional Mobility Authority (CRRMA), Fort Bliss, school districts, surrounding municipalities, and other public and private utilities to develop facilities and accommodations that further the City’s vision of a connected, integrated transportation network. In addition, to the extent possible, the City shall work closely with relevant entities to incorporate Complete Streets elements into transportation projects that are located within the City boundaries but are not under the direct control of the city, such as state-owned roadways.
In some cases, projects that impact the right-of-way are managed and funded by private partners, such as traditional suburban residential neighborhoods. Thus, to ensure consistency in new construction or reconstruction of public streets, the City shall ensure that private development will comply with this Policy through design and development standards that will be incorporated into applicable standards and codes, such as the Design Standards for Construction (DSC), Unified Development Code, Street Design Manual, and Technical Standards Manual.
Design
The City of El Paso has taken major steps in recent years to confirm their commitment to using industry best practices, innovative design trends, and design standards and guidelines to maximize design flexibility, implementation, and to ensure that streets are safe and comfortable for all people. In 2014, City Council passed a resolution adopting the National Association of City Transportation Officials (NACTO) “Urban Street Design Guide” and “Urban Bikeway Design Guide” as the official design guidelines for capital improvement projects and other city funded street and roadway improvement projects within the City of El Paso. These important steps have led to the implementation of new street cross-sections and an increased focus on improving multimodal transportation alternatives.
NACTO has released guidelines in recent years that address various components of this Complete Streets Policy, including “City Limits: Setting Safe Speed Limits on Urban Streets” and “Designing Streets for Kids.” The City shall follow established design standards that provide guidance on multimodal street design and support Complete Streets. These may include, but are not limited to, the following:
• NACTO, Urban Street Design Guide (City of El Paso resolution, May 2014)
• NACTO, Urban Bikeway Design Guide (City of El Paso resolution, May 2014)
• NACTO, Transit Street Design Guide
• NACTO, Urban Street Stormwater Guide
• NACTO, City Limits: Setting Safe Speeds Limits on Urban Streets
• NACTO, Designing Streets for Kids
• The Institute of Transportation Engineers (ITE), Implementing Context Sensitive Design on Multimodal Corridors: A Practitioner’s Handbook
• The Institute of Transportation Engineers (ITE), Designing Walkable Urban Thoroughfares: A Context Sensitive Approach
• AASHTO, Guide for Planning, Designing, and Operating Pedestrian Facilities
• AASHTO, Guide for the Development of Bicycle Facilities
NACTO offers high-level best practices for cities and this policy helps apply these standards locally to ensure safe streets, building on the NACTO framework and calibrating it for El Paso’s specific needs and challenges. When fulfilling this Complete Streets policy, the City will follow the design manuals, standards, and guidelines above, as applicable. This does not preclude the consideration of innovative or non-traditional design options where a comparable level of safety for users is present or provided.
Land Use and Context Sensitivity
The Complete Streets approach is a flexible, context-sensitive solution that requires a thorough examination of a street’s intended function and purpose. Not all streets will include the exact same elements to accommodate all modes of transportation in the same manner. Implementation of Complete Streets design elements must be done with respect to the surrounding community, its natural and built environments, demographics, current and future land uses, and transportation needs. In addition to improving safety and mobility,
this approach to process and design aims to support a range of goals—such as enhancing scenic, historic, and environmental resources, ensuring access to businesses, and allowing for roadway designs to be flexible and sensitive to community needs and values—to better balance transportation, economic, social, and environmental objectives.
There is an inextricable connection between land use and transportation. Transportation facilities and investments influence development and neighborhood character. In turn, land use and development patterns affect travel patterns and help determine whether walking, biking, and public transportation are appealing and convenient transportation options. Therefore, complementary land use policies and zoning ordinances are needed for effective Complete Streets Policy implementation to occur, for example, by facilitating
the creation of walkable neighborhood destinations as well as higher density, mixed-use, transit-oriented development in appropriate locations such as along high capacity transit corridors.
Per this policy:
The City shall continue to support coordination between relevant departments, including Capital Improvement Department (CID), Streets and Maintenance Department (SAM), and Planning & Inspections Department (P&I), to identify opportunities to integrate land use and transportation in plans, policies, and practices.
In certain instances, significant public investment in transportation infrastructure can trigger an increase in land values and housing costs. In the planning phases of largescale transportation projects, the City shall ensure collaboration between its CID, SAM,
P&I, and Community and Human Development departments to thoroughly consider measures to preserve housing affordability and increase new affordable housing options in order to help meet community needs and mitigate unintended consequences such as involuntary displacement.
3. The City shall review and, in coordination with our development community, revise land use policies, plans, zoning ordinances, and/or other relevant documents and procedures to incorporate the vision of the Complete Streets Policy. This could include Resilient El Paso, the International Building Code, and Major Thoroughfare Plan. After a comprehensive review of existing documents, a timeline shall be established for the revisions to be completed.
4. In revising existing, or developing new, transportation plans and/or design guidelines, the City shall specify how transportation projects will serve current and future land uses and shall consider developing new street typologies that take into account the densities, context, and local character of the surrounding neighborhoods and natural environments, as well as adjacent land uses.
Performance Measurement, Reporting, and Accountability
Performance Measurement and Reporting
The City is committed to tracking and evaluating the progress of its Complete Streets Policy implementation. The Technical Review Committee shall establish performance targets and identify performance measures, informed by the policy’s guiding principles and the City’s Strategic Goals, under the following categories in consultation with the Mobility Advisory Committee and any additional experts, as needed.
Near-term Performance Indicators
Related to changes to the transportation planning process to make the Complete Streets approach a routine part of day-to-day decision making. The performance measures in this category will include, but are not limited to:
• Progress on updating existing documents and procedures
• Progress on training staff
• Progress on facilitating robust and inclusive community engagement
• Progress on engaging under-resourced and under-invested communities
Mid-term Performance Indicators
Related to new Complete Streets investments. The performance measures in this category will include, but are not limited to:
•Progress on funding and implementing infrastructure projects that improve multimodal mobility, enhance network connectivity, improve accessibility, and increase shade
• Progress on funding and implementing street trees, rain harvesting, and green infrastructure
• Progress on retrofitting streets in established neighborhoods to meet current accessibility standards
Long-term Performance Indicators
Related to community-wide benefits and will require close collaboration with regional institutions and organizations. The performance measures in this category will include, but are not limited to:
• Reduced traffic fatalities
• Increase in outdoor recreation
• Jobs created
• Increased job accessibility
• Increased physical activity
• Improved cardiovascular public health metrics
• Reduced vehicle miles traveled
• Biodiversity
• Changes in travel mode
• Specific evaluation of complete streets investments in under-resourced and under- invested communities
The performance measure development process will involve considerations such as data availability and strategies for systematic collection of data over time. The process will include entities responsible for collecting it as well as possible partnerships with entities outside of the City, such as the El Paso County Health Department, the Medical Center of the Americas, Texas Tech University, The University of Texas at El Paso, hospital systems, economic development organizations, local advocacy organizations, and other educational institutions.
Performance measure tracking and reporting may start with utilizing existing data, and the collection of additional important data may be phased in.
These performance measures include both quantitative and qualitative data collection methods (such as intercept surveys, focus groups, and interviews) that highlight the perspectives and experiences of individuals, thereby painting a more holistic picture of how Complete Streets Policy implementation impacts the lives of community members. Measures of equity shall be integrated into the performance measures to track progress on inclusive community engagement and the relative share of projects implemented in low-income communities, communities of color, and low-vehicle-ownership neighborhoods, in accordance with the project prioritization tool referenced in Project Selection Criteria.
In partnership with the Mobility Advisory Committee, the Technical Review Committee shall produce an annual report documenting the progress of Complete Streets Policy implementation—including performance targets, performance measures to be collected every two years, exceptions granted to this Policy along with documented reasons, and an update on the items outlined in the implementation guidelines under Clear, Accountable Exceptions. This annual report shall be presented to the Mayor and City Council and be made publicly available online.
Recommended Performance Measures
Changes to the Transportation Planning Process
Engaging the Public
• Quality and quantity of community engagement throughout all phases of transportation projects, to facilitate inclusive participation that is representative of populations affected by Complete Streets projects and/or related policy decisions, in accordance with the community engagement plan; incorporation of “non- traditional” or creative public engagement opportunities such as “pop-up” demonstrations of proposed street redesigns, block parties, working with paid community liaisons to facilitate outreach, and other ways of “going to the people” and meeting community members where they naturally convene rather than solely holding meetings and expecting them to come; community input expressly integrated into projects and policies
Updating Documents
• Review/revision of plans, policies, design standards, and other relevant documents and procedures to support a Complete Streets approach
Training and Hiring Staff
• Percentage of staff trained, hours and content of trainings; incorporation of “Complete Streets expertise” in CID, SAM, Planning and Inspections hiring criteria
New Complete Streets Investments
Projects
• Mileage, type, and location of new or improved walking, biking, and transit facilities that increases pedestrian, bicycle, and/or transit level of service (for example, Multimodal Transportation Impact Analysis)
• Relative share of projects implemented in low- income communities, communities of color, and low vehicle-ownership neighborhoods (in accordance with project prioritization tool referenced in Project Selection Criteria) to track equitable implementation
Public Perception
• Changes in people’s perceptions of safety and comfort levels, reported through intercept surveys or similar methods
Funding
• Total and percentage of transportation funding allocated to projects that improve pedestrian, bicycle, and/or transit level of service (for example, Multimodal Transportation Impact Analysis)
• Distribution of funding with respect to equity criteria (in accordance with project prioritization tool referenced in Project Selection Criteria
Green Infrastructure and Shade
• Amount of green infrastructure and street trees incorporated in transportation projects
• Increase in stormwater harvesting capacity and tree canopy coverage within the right-of-way
Accessibility and Connectivity
• Progress on construction or installation of accessibility features in compliance with the requirements of the Americans with Disabilities Act (ADA) and Rehabilitation Act (may be through implementation of the ADA Transition Plan)
• Progress on implementation of the City of El Paso Bike Plan
• Gaps filled in walking, biking, and public transit networks (as referenced in Item 11 of the Implementation Chart in Clear, Accountable Exceptions)
• First mile/last mile transit access connections
• Improved access to jobs and community destinations
• Increased street lighting

Project Selection Criteria
Allocating funding for projects with Complete Streets design elements is critical to developing a safe, accessible, and interconnected transportation network. These projects should be prioritized for planning, funding, and development in order to quickly and efficiently build-out Complete Street corridors.
To facilitate that prioritization, the Technical Review Committee in consultation with the Mobility Advisory Committee shall develop a project evaluation tool, based on metrics and points, to evaluate capital projects and expedite those that improve safety and improve multimodal level of service.
This tool will incorporate criteria to reward projects that incorporate elements such as:
• Connectivity to Sun Metro, Brio, or Streetcar service
• Connectivity to existing and planned bike lanes, walking paths, or trails
• Traffic calming elements
• Low-impact design elements, green infrastructure, water harvesting
• Increased shade canopy, edible landscaping elements
• Pedestrian-scale lighting
• Bicycle amenities (bike racks, bike repair stations, bike parking)
The tool shall further prioritize projects with Complete Streets elements in neighborhoods where residents disproportionately rely on low-cost mobility options and shall, at a minimum, include criteria to direct investment to neighborhoods with higher concentrations of low-income individuals, people of color, and households without access to a private automobile.
These criteria should also reward projects being proposed in the following areas:
• Communities with previous under-investment
• Neighborhoods with historically marginalized populations
• Areas with environmental justice concerns
• Neighborhoods with high concentrations of low-income individuals
• Areas with low private automobile ownership
• Streets near schools, parks, and libraries
• Streets near international ports of entry
• Along targeted transit corridors
Any regional or local projects already prioritized for funding in the Transportation Improvement Program (TIP) prior to developing the project prioritization tool will automatically be included in the priority list, though projects shall include as many Complete Streets elements as possible within the criteria set by the funding source. The tool shall also include other equity-focused criteria to prioritize projects that directly benefit other vulnerable users of the transportation system such as children, older adults, and people with disabilities. Health impact assessments may also be utilized during the project decision-making processes in order to evaluate the health effects of proposed projects and to promote health equity.

Clear, Accountable Exceptions
This policy applies to all projects conducted by, or for which funds are awarded by, TxDOT, the El Paso MPO, or the City of El Paso. The policy includes phased timelines and flexible implementation guidelines and is expected to be incorporated into all projects, whenever and wherever feasible. Streets and transportation infrastructure are designed with long service lives, usually at least 30 years, and should always be built to provide the highest level of service to all users and travel modes. Recognizing that transportation networks are complex and street design should be context sensitive, the policy has identified a limited number of circumstances in which exceptions may be granted, upon review by the Mobility Advisory Committee.
The exception process places an emphasis on transparency by providing public notice with the opportunity for comment and requiring clear, supportive documentation justifying the exception for each mode. The Mobility Advisory Committee is discouraged from “grandfathering” exceptions related to supporting policies, such as the Street Tree Ordinance. All new projects must comply with the Complete Street Policy and all projects currently in-progress shall comply to the Complete Streets Policy unless they qualify for an exception.
Exceptions to this policy may be granted upon review and approval under the following circumstances:
1. Accommodation is not necessary on roadways where specific users are prohibited, such as bicycles on interstate freeways.
2. The cost of accommodating the needs of a particular user group for the transportation project would be disproportionately high relative to the current or future need or probable use of the facilities by the particular user group. This determination should be made with due consideration to future users, latent demand, and the social and economic value of providing a safer and more convenient transportation system for all users.
3. There is a documented absence of current and future need based on factors such as pedestrian and cyclist counts, land use, or connectivity.
4. Funding source is restricted in terms of how funds can be used or which transportation modes can be supported.
5. Project is in final design or construction as of the effective date of this policy.
6. Project involves emergency repairs that require immediate, rapid response (such as a water main leak). Temporary accommodations for all transportation modalities shall still be made whenever feasible. Depending upon the severity and/or length of time required to complete the repairs, opportunities to improve multimodal access shall still be considered where possible as funding allows.
7. Project involves routine maintenance that does not change the roadway geometry or operations, such as mowing, sweeping, or spot repair.
Any request for exceptions within the categories above shall be reviewed by the Mobility Advisory Committee in consultation with relevant planning entities, City departments, and stakeholders. City staff, private developers, or other municipal implementing agencies shall submit exception requests through writing, email, or online submission detailing how the project fits within categories 1-5. All requests will be made publicly available online.
The City Engineer shall provide the final ruling on whether to grant the exception after receiving comments from the Mobility Advisory Committee. The decision shall be documented with supporting information that indicates the basis for the decision and all documents shall be made publicly available. Categories 6 and 7 do not require the exception review process as detailed above.

Tex. Labor Code § 62.0515. Application of Minimum Wage to Certain Governmental Entities; Certain Agreements with Governmental Entities
Effective: 9/1/03 – Through: 6/1/23
(a) Except as otherwise provided by this section, the minimum wage provided by this chapter supersedes a wage established in an ordinance, order, or charter provision governing wages in private employment, other than wages under a public contract.

(b) This section does not apply to any state or federal job training or workforce development program.

(c) This section does not apply to a minimum wage established by a governmental entity that applies to a contract or agreement, including a non-annexation agreement, entered into by a governmental entity and a private entity. A private entity that enters into a contract or agreement, including a non-annexation agreement, with a governmental entity, under the terms of which the private entity agrees to comply with a minimum wage established by the governmental entity, is subject to the terms of that contract or agreement, and those terms apply to and may be enforced against a general contractor, subcontractor, developer, and other person with which the private entity contracts in order to comply with the provisions of the original contract or agreement.

(d) For purposes of this section, “governmental entity” includes a municipality, a county, a special district or authority, a junior college district, or another political subdivision of this state.

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El Paso Code of Ordinances § 17.08.010. Definitions
Effective: 1/1/87 – Through: 6/1/23
A. As used in this chapter, the following terms mean:
1. “Hotel” means a building or part of a building, in which four or more rooms are offered as sleeping accommodations to transient persons for compensation.
2. “Lodginghouse” means any building or part of a building where four or more rooms, or eight or more beds, whichever accommodates the smaller number of persons, are offered at any one time as lodgings for compensation, whether with or without meals, except hotels, tourist courts and motels, and except light housekeeping rooms where bedclothes are not furnished.
3. “Lodginghouse for persons of unsound mind” means any place at which lodging is furnished to two or more persons of unsound mind, not members of the family of the person furnishing such lodging, whether or not the persons of unsound mind have been judicially determined to be such.
4. “Tourist court” or “motel” means a place at which sleeping accommodations in three or more cottages, rooms or separate buildings, with parking facilities on the same premises, or on other premises adjacent thereto, are offered for compensation for transients traveling by motor vehicle.
B. Definitions in subsections (A)(1) and (A)(5) of this section shall also include any other establishment (except a hospital) which offers sleeping accommodations for compensation, if it uses in its name or advertising the words “hotel,” “motel,” “tourist court,” “tourist rooms” or other words of similar meanings reasonably indicating that it solicits transient trade.
Definitions in subsections (A)(1) and (A)(5) of this section do not include or apply to trailer courts, lodginghouses, or similar places which are otherwise defined herein or regulated by other ordinances, and such other ordinances are kept in effect; provided, places which fall within the definition of a hotel as set forth in this section or use the word “hotel” as set forth in subsection A of this section shall be covered by such definition and regulations thereof and not by the lodginghouse definition contained in subsection (A)(2) of this section or the regulations thereof although they fall within the definition of lodginghouse also.

El Paso Code of Ordinances § 17.08.120. License—Required—Term—Fee—Display.
Effective: 1/1/05 – Through: 6/1/23
A. No person shall operate a lodginghouse without a license as provided in this article. Applications for such license shall be made to the city license collector in writing, stating:
1. The name and residence address of the operator of the business, of all partners if a partnership, and of all officers if a corporation;
2. The name under which and the address at which the lodginghouse is to be operated; and

3. The kind and number of accommodations offered.
B. Licenses shall be issued for one year, and may be renewed from year to year without refiling the application.
C. The fee for the license shall be forty-five dollars per year, payable in advance. This fee is not levied for revenue, but to pay a part of the cost of regulation under the police power, and the city council finds that the fee bears a reasonable relation to such costs.
D. The operator shall immediately give written notice to the license collector of any change in the facts stated in the application.
E. The license collector shall inform the director of the city-county health unit and the chief of the fire department of all original licenses issued, and all cancellations, suspensions or expirations.
F. The license shall be kept posted on the premises in a place where it will be readily visible to persons seeking accommodations.

El Paso Code of Ordinances § 17.08.140. Operation regulations.
Effective: 6/24/54 – Through: 6/1/23
Every lodginghouse shall be operated in accordance with the following regulations:
A. One shower or tub, one lavatory and one commode, shall be provided for each ten sleeping rooms or fraction thereto (or each sixteen persons, if accommodations for more than one person are provided in one room) for the free use of lodgers at all times.
B. An adequate supply of clean individual towels shall be provided for lodgers free of charge.
C. Lodginghouses and all furnishings, fittings, fixtures and plumbing therein shall be maintained in a clean condition and shall at no time become a public or private nuisance and shall comply with the plumbing, building, electrical, garbage and all other ordinances of the city and laws of the state for the protection of public health or safety.
D. All floors shall be sprinkled and swept once a day.
E. Beds shall be at least two feet apart in a horizontal direction and so arranged that the air shall circulate freely under and around each bed. Except where air conditioning is provided, all windows shall be open at least three hours each day; at least ten square feet of window space, having unobstructed access to the open air, shall be provided for each room and for each one hundred square feet of floor space; and at least one-half of each window space will be available for ventilation.
F. All beds, bedclothing, mattresses and pillows shall be kept free from vermin.
G. Each bed shall be provided with a pillow slip for each pillow and two white linen or cotton sheets ninety-nine inches long after being washed, and sufficiently wide to cover the mattress and springs. Sheets and pillow slips shall be changed every eight days, and for each new guest or occupant.
H. Partitions and ceilings, whether put in before or after the effective date of the building code of the city, shall conform to the type of construction of the building, as classified in such code with reference to fire protection, but in no case are combustible partitions or ceilings permitted, except that in a building of ordinary construction partitions may be two by four inch stud walls covered on both sides with metal or gypsum lath and three-fourths of an inch of gypsum plaster, and ceilings may be metal or gypsum lath and three-fourths of an inch of gypsum plaster, or better. All partitions throughout their entire length shall extend from the floor to the ceiling. Provided, however, in cases of construction done within the then city prior to May 20, 1936, and in cases of construction done in areas annexed since such date where the construction was completed prior to annexation, this provision shall not apply to open beam ceilings of wooden deck construction nor to ceilings constructed of noncombustible material.

Tex. Penal Code § 48.01. Smoking tobacco.
Effective: 10/1/15 – Through: 6/1/23
(a) In this section, “e-cigarette” has the meaning assigned by Section 161.081, Health and Safety Code.

(a-1) A person commits an offense if the person is in possession of a burning tobacco product, smokes tobacco, or operates an e-cigarette in a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, intrastate bus, plane, or train which is a public place.

(b) It is a defense to prosecution under this section that the conveyance or public place in which the offense takes place does not have prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance or public place and that an offense is punishable by a fine not to exceed $500.

(c) All conveyances and public places set out in Subsection (a-1) shall be equipped with facilities for extinguishment of smoking materials and it shall be a defense to prosecution under this section if the conveyance or public place within which the offense takes place is not so equipped.

(d) It is an exception to the application of Subsection (a-1) if the person is in possession of the burning tobacco product, smokes tobacco, or operates the e-cigarette exclusively within an area designated for smoking tobacco or operating an e-cigarette or as a participant in an authorized theatrical performance.

(e) An area designated for smoking tobacco or operating an e-cigarette on a transit system bus or intrastate plane or train must also include the area occupied by the operator of the transit system bus, plane, or train.

(f) An offense under this section is punishable as a Class C misdemeanor.

Tex. Health & Safety § 161.0815. Nonapplicability.
Effective: 9/1/19 – Through: 7/1/22
This subchapter does not apply to a product that is:

(1) approved by the United States Food and Drug Administration for use in the treatment of nicotine or smoking addiction; and

(2) labeled with a “Drug Facts” panel in accordance with regulations of the United States Food and Drug Administration.

Tex. Health & Safety § 161.081. Definitions.
Effective: 9/1/21 – Through: 6/1/23
In this subchapter:

(1) “Cigarette” has the meaning assigned by Section 154.001, Tax Code.

(1-a) (A) “E-cigarette” means:

(i) an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device; or

(ii) a consumable liquid solution or other material aerosolized or vaporized during the use of an electronic cigarette or other device described by this subdivision.

(B) The term “e-cigarette” does not include a prescription medical device unrelated to the cessation of smoking.

(C) The term “e-cigarette” includes:

(i) a device described by this subdivision regardless of whether the device is manufactured, distributed, or sold as an e-cigarette, e-cigar, or e-pipe or under another product name or description; and

(ii) a component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device.

(1-b) “Minor” means a person under 21 years of age.

(2) “Permit holder” has the meaning assigned by Section 147.0001 of this code or Section 154.001 or 155.001, Tax Code, as applicable.

(3) “Retail sale” means a transfer of possession from a retailer to a consumer in connection with a purchase, sale, or exchange for value of cigarettes, e-cigarettes, or tobacco products.

(4) “Retailer” means a person who engages in the practice of selling cigarettes, e-cigarettes, or tobacco products to consumers and includes the owner of a coin-operated cigarette, e-cigarette, or tobacco product vending machine. The term includes a retailer as defined by Section 154.001 or 155.001, Tax Code, and an e-cigarette retailer as defined by Section 147.0001 of this code, as applicable.

(5) “Tobacco product” has the meaning assigned by Section 155.001, Tax Code.

(6) “Wholesaler” has the meaning assigned by Section 154.001 or 155.001, Tax Code, as applicable.

Tex. Education Code § 38.006. E-Cigarettes and Tobacco Products on School Property.
Effective: 10/1/15 – Through: 6/1/23
(a) In this section, “e-cigarette” has the meaning assigned by Section 161.081, Health and Safety Code.

(b) The board of trustees of a school district shall:

(1) prohibit smoking or using e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property;

(2) prohibit students from possessing e-cigarettes or tobacco products at a school-related or school-sanctioned activity on or off school property; and

(3) ensure that school personnel enforce the policies on school property.

Tex. Health & Safety § 161.082. Sale of cigarettes, e-cigarettes, or tobacco products to persons younger than 21 years of age prohibited; proof of age required.
Effective: 9/1/19 – Through: 6/1/23
(a) A person commits an offense if the person, with criminal negligence:

(1) sells, gives, or causes to be sold or given a cigarette, e-cigarette, or tobacco product to someone who is younger than 21 years of age; or

(2) sells, gives, or causes to be sold or given a cigarette, e-cigarette, or tobacco product to another person who intends to deliver it to someone who is younger than 21 years of age.

(b) If an offense under this section occurs in connection with a sale by an employee of the owner of a store in which cigarettes, e-cigarettes, or tobacco products are sold at retail, the employee is criminally responsible for the offense and is subject to prosecution.

(c) An offense under this section is a Class C misdemeanor.

(d) It is a defense to prosecution under Subsection (a)(1) that the person to whom the cigarette, e-cigarette, or tobacco product was sold or given presented to the defendant apparently valid proof of identification.

(e) A proof of identification satisfies the requirements of Subsection (d) if it contains a physical description and photograph consistent with the person’s appearance, purports to establish that the person is 21 years of age or older, and was issued by a governmental agency. The proof of identification may include a driver’s license issued by this state or another state, a passport, or an identification card issued by a state or the federal government.

(f) It is an exception to the application of Subsection (a)(1) that the person to whom the cigarette, e-cigarette, or tobacco product was sold:

(1) is at least 18 years of age; and

(2) presented at the time of purchase a valid military identification card of the United States military forces or the state military forces.

Tex. Penal Code § 48.015. Prohibitions relating to certain cigarettes.
Effective: 9/1/01 – Through: 6/1/23
(a) A person may not acquire, hold, own, possess, or transport for sale or distribution in this state or import or cause to be imported into this state for sale or distribution in this state:

(1) cigarettes that do not comply with all applicable requirements imposed by or under federal law and implementing regulations; or

(2) cigarettes to which stamps may not be affixed under Section 154.0415, Tax Code, other than cigarettes lawfully imported or brought into the state for personal use and cigarettes lawfully sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with 19 U.S.C. Section 1555(b), as amended.

(b) A person who commits an act prohibited by Subsection (a), knowing or having reason to know that the person is doing so, is guilty of a Class A misdemeanor.

Tex. Health & Safety § 161.083. Sale of cigarettes, e-cigarettes, e-cigarettes, or tobacco products to persons younger than 30 years of age.
Effective: 9/1/21 – Through: 6/1/23
(a) A person may not sell, give, or cause to be sold or given a cigarette, e-cigarette, or tobacco product to someone who is younger than 30 years of age unless the person to whom the cigarette, e-cigarette, or tobacco product was sold or given presents an apparently valid proof of identification.

(a-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 500 (S.B. 21), Sec. 19, eff. September 1, 2019.

(b) A retailer shall adequately supervise and train the retailer’s agents and employees to prevent a violation of Subsection (a).

(c) A proof of identification described by Section 161.082(e) satisfies the requirements of Subsection (a).

Tex. Health & Safety § 161.0875. Sale of e-cigarette nicotine containers.
Effective: 10/1/15 – Through: 7/1/22
(a) A person may not sell or cause to be sold a container that contains liquid with nicotine and that is an accessory for an e-cigarette unless:

(1) the container satisfies the child-resistant effectiveness standards under 16 C.F.R. Section 1700.15(b)(1) when tested in accordance with the method described by 16 C.F.R. Section 1700.20; or

(2) the container is a cartridge that is prefilled and sealed by the manufacturer and is not intended to be opened by a consumer.

(b) If the federal government adopts standards for the packaging of a container described by Subsection (a), a person who complies with those standards is considered to be in compliance with this section.

Tex. Health & Safety § 161.087. Distribution of cigarettes, e-cigarettes, or tobacco products.
Effective: 9/1/19 – Through: 7/1/22
(a) A person may not distribute:

(1) a free sample of a cigarette, e-cigarette, or tobacco product; or

(2) a coupon or other item that the recipient may use to receive a free cigarette, e-cigarette, or tobacco product or a sample cigarette, e-cigarette, or tobacco product.

(a-1) A person may not distribute to persons younger than 21 years of age a coupon or other item that the recipient may use to receive a discounted cigarette, e-cigarette, or tobacco product.

(b) Except as provided by Subsection (c), a person, including a permit holder, may not accept or redeem, offer to accept or redeem, or hire a person to accept or redeem:

(1) a coupon or other item that the recipient may use to receive a free cigarette, e-cigarette, or tobacco product or a sample cigarette, e-cigarette, or tobacco product; or

(2) a coupon or other item that the recipient may use to receive a discounted cigarette, e-cigarette, or tobacco product if the recipient is younger than 21 years of age.

(b-1) A coupon or other item that a recipient described by Subsection (b) may use to receive a discounted cigarette, e-cigarette, or tobacco product may not be redeemable through mail or courier delivery.

(c) Subsections (a)(2), (a-1), (b), and (b-1) do not apply to a transaction between permit holders unless the transaction is a retail sale.

(d) A person commits an offense if the person violates this section. An offense under this subsection is a Class C misdemeanor.

Tex. Health & Safety § 161.086. Vendor assisted sales required; vending machines.
Effective: 9/1/19 – Through: 7/1/22
(a) Except as provided by Subsection (b), a retailer or other person may not:

(1) offer cigarettes, e-cigarettes, or tobacco products for sale in a manner that permits a customer direct access to the cigarettes, e-cigarettes, or tobacco products; or

(2) install or maintain a vending machine containing cigarettes, e-cigarettes, or tobacco products.

(b) Subsection (a) does not apply to:

(1) a facility or business that is not open to persons younger than 21 years of age at any time;

(2) that part of a facility or business that is a humidor or other enclosure designed to store cigars in a climate-controlled environment and that is not open to persons younger than 21 years of age at any time; or

(3) a premises for which a person holds a package store permit issued under the Alcoholic Beverage Code and that is not open to persons younger than 21 years of age at any time.

(c) The comptroller or a peace officer may, with or without a warrant, seize, seal, or disable a vending machine installed or maintained in violation of this section. Property seized under this subsection must be seized in accordance with, and is subject to forfeiture to the state in accordance with, Subchapter H, Chapter 154, Tax Code, and Subchapter E, Chapter 155, Tax Code.

(d) A person commits an offense if the person violates Subsection (a). An offense under this subsection is a Class C misdemeanor.

Tex. Health & Safety § 161.084. Warning notice.
Effective: 9/1/19 – Through: 7/1/22
(a) Each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine shall post a sign in a location that is conspicuous to all employees and customers and that is close to the place at which the cigarettes, e-cigarettes, or tobacco products may be purchased.

(b) The sign must include the statement:

PURCHASING OR ATTEMPTING TO PURCHASE CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS BY A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. SALE OR PROVISION OF CIGARETTES, E-CIGARETTES, OR TOBACCO PRODUCTS TO A PERSON UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED. VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER’S OFFICE BY CALLING (insert toll-free telephone number). PREGNANT WOMEN SHOULD NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR WITH LOW BIRTH WEIGHT. THE PROHIBITIONS ON THE PURCHASE OR ATTEMPT TO PURCHASE DESCRIBED ABOVE DO NOT APPLY TO A PERSON WHO IS IN THE UNITED STATES MILITARY FORCES OR STATE MILITARY FORCES.

(b-1) Immediately following the statement described by Subsection (b), the sign described by that subsection must include the statement:

THE PROHIBITIONS ON THE PURCHASE OR ATTEMPT TO PURCHASE DESCRIBED ABOVE DO NOT APPLY TO A PERSON WHO WAS BORN ON OR BEFORE AUGUST 31, 2001.

(b-2) This subsection and Subsection (b-1) expire September 1, 2022.

(c) The comptroller by rule shall determine the design and size of the sign.

(d) The comptroller on request shall provide the sign without charge to any person who sells cigarettes, e-cigarettes, or tobacco products. The comptroller may provide the sign without charge to distributors of cigarettes, e-cigarettes, or tobacco products or wholesale dealers of cigarettes, e-cigarettes, or tobacco products in this state for distribution to persons who sell cigarettes, e-cigarettes, or tobacco products. A distributor or wholesale dealer may not charge for distributing a sign under this subsection.

(e) A person commits an offense if the person fails to display a sign as prescribed by this section. An offense under this subsection is a Class C misdemeanor.

(f) The comptroller may accept gifts or grants from any public or private source to perform the comptroller’s duties under this section.

Tex. Health & Safety § 161.085. Notification of employees and agents.
Effective: 9/1/19 – Through: 7/1/22
(a) Each retailer shall notify each individual employed by that retailer who is to be engaged in retail sales of cigarettes, e-cigarettes, or tobacco products that state law:

(1) prohibits the sale or distribution of cigarettes, e-cigarettes, or tobacco products to any person who is younger than 21 years of age as provided by Section 161.082 and that a violation of that section is a Class C misdemeanor; and

(2) requires each person who sells cigarettes, e-cigarettes, or tobacco products at retail or by vending machine to post a warning notice as provided by Section 161.084, requires each employee to ensure that the appropriate sign is always properly displayed while that employee is exercising the employee’s duties, and provides that a violation of Section 161.084 is a Class C misdemeanor.

(b) The notice required by this section must be provided within 72 hours of the date an individual begins to engage in retail sales of cigarettes, e-cigarettes, or tobacco products. The individual shall signify that the individual has received the notice required by this section by signing a form stating that the law has been fully explained, that the individual understands the law, and that the individual, as a condition of employment, agrees to comply with the law.

(c) Each form signed by an individual under this section shall indicate the date of the signature and the current address and social security number of the individual. The retailer shall retain the form signed by each individual employed as a retail sales clerk until the 60th day after the date the individual has left the employer’s employ.

(d) A retailer required by this section to notify employees commits an offense if the retailer fails, on demand of a peace officer or an agent of the comptroller, to provide the forms prescribed by this section. An offense under this section is a Class C misdemeanor.

(e) It is a defense to prosecution under Subsection (d) to show proof that the employee did complete, sign, and date the forms required by Subsections (b) and (c). Proof must be shown to the comptroller or an agent of the comptroller not later than the seventh day after the date of a demand under Subsection (d).

Tex. Health & Safety § 161.089. Preemption of local law.
Effective: 9/1/19 – Through: 6/1/23
a) Except as provided by Subsection (b), this subchapter does not preempt a local regulation of the sale, distribution, or use of cigarettes or tobacco products or affect the authority of a political subdivision to adopt or enforce an ordinance or requirement relating to the sale, distribution, or use of cigarettes or tobacco products if the regulation, ordinance, or requirement:

(1) is compatible with and equal to or more stringent than a requirement prescribed by this subchapter; or

(2) relates to an issue that is not specifically addressed by this subchapter or Chapter 154 or 155, Tax Code.

(b) A political subdivision may not adopt or enforce an ordinance or requirement relating to the lawful age to sell, distribute, or use cigarettes, e-cigarettes, or tobacco products that is more stringent than a requirement prescribed by this subchapter.

Tex. Health & Safety § 161.0902. E-cigarette report.
Effective: 10/1/15 – Through: 7/1/22
(a) Not later than January 5th of each odd-numbered year, the department shall report to the governor, lieutenant governor, and speaker of the house of representatives on the status of the use of e-cigarettes in this state.

(b) The report must include, at a minimum:

(1) a baseline of statistics and analysis regarding retail compliance with this subchapter and Subchapter R;

(2) a baseline of statistics and analysis regarding illegal e-cigarette sales, including:

(A) sales to minors;

(B) enforcement actions concerning minors; and

(C) sources of citations;

(3) e-cigarette controls and initiatives by the department, or any other state agency, including an evaluation of the effectiveness of the controls and initiatives;

(4) the future goals and plans of the department to decrease the use of e-cigarettes;

(5) the educational programs of the department and the effectiveness of those programs; and

(6) the incidence of use of e-cigarettes by regions in this state, including use of e-cigarettes by ethnicity.

(c) The department may include the report required by this section with a similar report for cigarettes or tobacco products required by law.

Tex. Health & Safety § 161.090. Reports of violation.
Effective: 9/1/97 – Through: 7/1/22
A local or state law enforcement agency or other governmental unit shall notify the comptroller, on the 10th day of each month, or the first working day after that date, of any violation of this subchapter that occurred in the preceding month that the agency or unit detects, investigates, or prosecutes.

Tex. Health & Safety § 161.0903. Use of certain revenue.
Effective: 9/1/21 – Through: 7/1/22
Revenue from fees collected under Section 161.123 and from the sale of permits under Chapter 147 of this code, retailer permits under Chapter 154, Tax Code, and retailer permits under Chapter 155, Tax Code, shall be deposited in the general revenue fund and may be appropriated only as provided by this section. The revenue shall be appropriated, in order of priority, to:

(1) the comptroller for the purpose of administering retailer permitting under Chapter 147 of this code and Chapters 154 and 155, Tax Code; and

(2) the comptroller for the purpose of administering and enforcing this subchapter and Subchapters K and N.

Tex. Health & Safety § 161.0901. Disciplinary action against cigarette, e-cigarette, and tobacco product retailers.
Effective: 9/1/21 – Through: 7/1/22
(a) A retailer is subject to disciplinary action as provided by this section if an agent or employee of the retailer commits an offense under this subchapter.

(b) If the comptroller finds, after notice and an opportunity for a hearing as provided by Chapter 2001, Government Code, that a permit holder has violated this subchapter at a place of business for which a permit is issued, the comptroller may suspend the permit for that place of business and administratively assess a fine as follows:

(1) for the first violation of this subchapter during the 24-month period preceding the violation at that place of business, the comptroller may require the permit holder to pay a fine in an amount not to exceed $1,000;

(2) for the second violation of this subchapter during the 24-month period preceding the most recent violation at that place of business, the comptroller may require the permit holder to pay a fine in an amount not to exceed $2,000; and

(3) for the third violation of this subchapter during the 24-month period preceding the most recent violation at that place of business, the comptroller may:

(A) require the permit holder to pay a fine in an amount not to exceed $3,000; and

(B) suspend the permit for that place of business for not more than five days.

(c) Except as provided by Subsection (e), for the fourth or a subsequent violation of this subchapter during the 24-month period preceding the most recent violation at that place of business, the comptroller shall revoke the permit issued under Chapter 147 of this code or Chapter 154 or 155, Tax Code, as applicable. If the permit holder does not hold a permit under Chapter 147 of this code or Chapter 154 or 155, Tax Code, the comptroller shall revoke the permit issued under Section 151.201, Tax Code.

(d) A permit holder whose permit has been revoked under this section may not apply for a permit for the same place of business before the expiration of six months after the effective date of the revocation.

(e) For purposes of this section, the comptroller may suspend a permit for a place of business but may not revoke the permit under Subsection (c) if the comptroller finds that:

(1) the permit holder has not violated this subchapter more than seven times at the place of business in the 48-month period preceding the violation in question;

(2) the permit holder requires its employees to attend a comptroller-approved seller training program;

(3) the employees have actually attended a comptroller-approved seller training program; and

(4) the permit holder has not directly or indirectly encouraged the employees to violate the law.

(f) The comptroller may adopt rules to implement this section.

Tex. Health & Safety § 161.088. Enforcement; unannounced inspections.
Effective: 9/1/19 – Through: 7/1/22
(a) The comptroller shall enforce this subchapter in partnership with local law enforcement agencies and with their cooperation and shall ensure the state’s compliance with Section 1926 of the federal Public Health Service Act (42 U.S.C. Section 300x-26) and any implementing regulations adopted by the United States Department of Health and Human Services. Except as expressly authorized by law, the comptroller may not adopt any rules governing the subject matter of this subchapter or Subchapter K, N, or O.

(b) The comptroller may make block grants to counties and municipalities to be used by local law enforcement agencies to enforce this subchapter and Subchapter R in a manner that can reasonably be expected to reduce the extent to which cigarettes, e-cigarettes, and tobacco products are sold or distributed, including by delivery sale, to persons who are younger than 21 years of age. At least annually, random unannounced inspections shall be conducted at various locations where cigarettes, e-cigarettes, and tobacco products are sold or distributed, including by delivery sale, to ensure compliance with this subchapter and Subchapter R. The comptroller shall rely, to the fullest extent possible, on local law enforcement agencies to enforce this subchapter and Subchapter R.

(c) To facilitate the effective administration and enforcement of this subchapter, the comptroller may enter into interagency contracts with other state agencies, and those agencies may assist the comptroller in the administration and enforcement of this subchapter.

(d) The use of a person younger than 21 years of age to act as a minor decoy to test compliance with this subchapter and Subchapter R shall be conducted in a fashion that promotes fairness. A person may be enlisted by the comptroller or a local law enforcement agency to act as a minor decoy only if the following requirements are met:

(1) written parental consent is obtained for the use of a person younger than 18 years of age to act as a minor decoy to test compliance with this subchapter and Subchapter R;

(2) at the time of the inspection, order, or delivery, the minor decoy is younger than 21 years of age;

(3) the minor decoy has an appearance that would cause a reasonably prudent seller of cigarettes, e-cigarettes, or tobacco products to request identification and proof of age;

(4) the minor decoy carries either the minor’s own identification showing the minor’s correct date of birth or carries no identification, and a minor decoy who carries identification presents it on request to any seller of or any person who delivers cigarettes, e-cigarettes, or tobacco products; and

(5) the minor decoy answers truthfully any questions about the minor’s age at the time of the inspection, order, or delivery.

(e) The comptroller shall annually prepare for submission by the governor to the secretary of the United States Department of Health and Human Services the report required by Section 1926 of the federal Public Health Service Act (42 U.S.C. Section 300x-26).

El Paso, Texas § 9.50.010. Purpose.
Effective: 6/17/14 – Through: 6/1/23
The purpose of this chapter is to (1) improve and protect the public’s health by eliminating smoking in public places and places of employment, and certain outdoor areas; (2) guarantee the right of nonsmokers to breathe smoke-free air; and, (3) recognize that the need to breathe smoke-free air shall have priority over the choice to smoke.

El Paso, Texas § 9.50.030. Prohibition of smoking in public places.
Effective: 6/17/14 – Through: 6/1/23
A. Smoking shall be prohibited in all enclosed areas of public places within the city, and within twenty feet of the entrance of such places, including, but not limited to, the following (except for certain outdoor areas specifically designated as smoking areas by city manager or designee for certain city facilities):

1. Elevators;

2. Restrooms, lobbies, reception areas, hallways and any other common-use areas;

3. Buses, semi-enclosed bus stops, bus terminals, taxicabs, shuttle vehicles, train stations, airports (except for certain outdoor areas specifically designated as smoking areas by the El Paso International Airport Director of Aviation) and other facilities and means of public transit under the authority of the city (except for city property to which the city has contractually released a leasehold interest), as well as ticket, boarding, and waiting areas of all transit depots;

4. Service lines;

5. Retail stores and shopping malls;

6. All enclosed areas in all businesses and nonprofit entities;

7. Food establishments, nightclubs and bars;

8. Galleries, libraries, museums and zoo facilities and grounds;

9. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except that performers may smoke when the smoking is part of a stage production;

10. Sports arenas, bowling facilities and convention facilities;

11. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city, to the extent such place is subject to the jurisdiction of the city;

12. Health care facilities;

13. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;

14. Polling places;

15. Bingo venues;

16. Child care and adult day care facilities.

El Paso, Texas § 9.50.020. Definitions.
Effective: 6/17/14 – Through: 6/1/23
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

“Bar” means an area which is devoted primarily to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food or other products is only incidental to the consumption of such beverages. A “bar” includes those facilities located within a hotel, motel or other similar transient occupancy establishment.

“Business” means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

“E-cigarette” or “e-hookah” means any electronic oral device or nicotine delivery device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substance, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, hookah pen or under any other product name or description.

“Employee” means any person who is employed by or engaged under contract by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for an employer as defined in this Section 9.50.020.

“Employer” means any person, partnership, corporation, including a municipal corporation, or nonprofit entity which employs or contracts the services of one or more individual persons or uses the volunteer services of one or more individual persons.

“Enclosed area” means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid.

“Food establishment” means food product or food service establishments, as those terms are defined in Chapter 9.12 of the El Paso City Code.

“Health care facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of physicians, chiropractors, physical therapists, psychiatrists, dentists, and all specialties within these professions. This definition shall include, but not be limited to, all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.

“Park” means “city park” as set forth in the El Paso City Code Section 13.24.010, as amended, namely, any property in the city that is designated, set aside or operated by the city for public recreational purposes, whether dedicated or developed as a park or not, or that is located in any street right-of-way and is maintained as public open space, including all buildings, recreation facilities, playgrounds, parking lots, driveways, pathways, trails and other areas within a park, to include scenic drive. Designation of property as a city park pursuant to this subsection is solely for the purposes of identifying areas governed by this chapter and shall not be construed to be a dedication of any property as a park.

“Place of employment” means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, employee cafeterias and hallways. A private residence is not a “place of employment” unless it is used as a child care, adult day care or health care facility or there is an employee other than the occupant of the residence present.

“Playground” means any park or recreational area that is designed in part to be used by children and that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on city property.

“Private club” means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used for club purposes, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for monetary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.

“Private place” means any enclosed area to which the public is not invited or in which the public is not permitted, including but not limited to, personal residences; private clubs or personal automobiles. A privately-owned business, open to the public, is not a “private place.”

“Retail tobacco store and smoking establishment” means a retail store or establishment utilized primarily for the sale and use of tobacco and smoking products and accessories and in which the sale of other products is merely incidental.

“Service line” means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

“Smoking” means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe, e-cigarette, e-hookah, weed, plant or combustible substance in any manner or in any form, including any device that allows for combustion or conduction of a product for the purpose of inhaling smoke or vapor.

“Sports arena” means sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise or activities, participate in athletic competition, or witness sporting events, whether enclosed indoors or outdoors.

El Paso, Texas § 9.50.040. Prohibition of smoking in places of employment.
Effective: 6/17/14 – Through: 6/1/23
A. Except as herein provided, smoking shall be prohibited in every place of employment.

B. It shall be the responsibility of employers to provide a smoke-free workplace for all employees.

El Paso, Texas § 9.50.070. Application of article to certain city-owned facilities.
Effective: 6/17/14 – Through: 6/1/23
Except for those outdoor areas designated as smoking areas by city manager or designee, and except for those outdoor areas designated as smoking areas at El Paso International Airport facilities by the El Paso International Airport Director of Aviation, all city-owned enclosed areas and city-owned outdoor facilities, not subject to a leasehold interest provided to a non-city person or entity, shall be nonsmoking at all times, including, but not limited to, the following places:

A. Sports arenas and stadiums.

B. Parks and playgrounds.

C. In and within twenty feet from the entrance of all outdoor public transportation stations, platforms and shelters under the authority of the city, except for those outdoor areas designated as smoking areas by the El Paso International Airport Director of Aviation.

D. Parking lots.

El Paso, Texas § 9.50.050. Additional declaration of establishments as non-smoking.
Effective: 6/17/14 – Through: 6/1/23
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment, facility or outdoor area may declare that the entire establishment, facility or outdoor area is a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 9.50.090 is posted.

El Paso, Texas § 9.50.110. Enforcement.
Effective: 6/17/14 – Through: 6/1/23
A. Enforcement of this chapter shall be implemented by the city development department, city’s department of environmental services, the city’s department of public health, and the city’s fire and police departments.

B. Any person may register a complaint under this chapter to initiate enforcement with the city’s department of public health, the city’s department of environmental services and the city’s police department.

C. It shall be an affirmative defense to prosecution of an owner, manager or other person having control of an establishment regulated by this chapter if the owner, manager or other person having control of an establishment regulated by this chapter asks a smoker to stop smoking and if the smoker does not cease smoking inside that establishment regulated by this chapter, the owner, manager or other person having control of an establishment regulated by this chapter shall place a no smoking sign on the table and shall contact the departments identified in Subsection 9.50.110A.

El Paso, Texas § 9.50.090. Posting of signs.
Effective: 6/17/14 – Through: 6/1/23
A. The owner, manager or other person having control of such building or other area where smoking is prohibited by this chapter shall have a conspicuously posted sign at each entrance clearly stating that smoking is prohibited within the building or other areas where smoking is prohibited.

B. Such “No Smoking” signs shall have bold lettering of not less than one inch in height, or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with bar across it) may be used.

El Paso, Texas § 9.50.080. Private and public places.
Effective: 6/17/14 – Through: 6/1/23
A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:

1. Private residences, except when used as a child care, adult day care or health care facility;

2. No more than twenty-five percent of hotel and motel rooms rented to guests;

3. Retail tobacco stores and smoking establishments in isolated or contained physical facilities with isolated venting and air controls;

4. Outdoor places of employment except those covered in Section 9.50.070;

5. Outdoor areas designated as smoking areas by the city manager or designee for certain city facilities;

6. In the case of El Paso International Airport facilities, outdoor areas designated as smoking areas by the El Paso International Airport Director of Aviation.

El Paso, Texas § 9.50.130. Violations and penalties.
Effective: 6/17/14 – Through: 6/1/23
A. It shall be unlawful for an owner, manager or other person having control of an establishment regulated by this chapter to fail to comply with all of its provisions, except for violations noted in Subsection 9.50.130B.

B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by:

1. Any person who violates any provision of this chapter shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars;

2. Any person who violates any provision of this chapter within one year of receiving a fine under Subsection 9.50.130C.1, shall be guilty of an infraction punishable by a fine not to exceed two hundred dollars;

3. Any person who violates any provision of this chapter within one year of receiving a fine under Subsection 9.50.130C.2, shall be guilty of an infraction punishable by a fine not to exceed five hundred dollars.

El Paso, Texas § 9.50.120. Nonretaliation.
Effective: 6/17/14 – Through: 6/1/23
No person nor employee shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smoke free environment afforded by this chapter.

El Paso, Texas § 9.50.150. Severability.
Effective: 6/17/14 – Through: 6/1/23
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses, and phrases of the ordinance are severable and if any section, paragraph, sentence, clause, or phrase shall be declared unconstitutional or otherwise invalid by a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses or phrases herein.

El Paso, Texas § 9.50.140. Other applicable laws.
Effective: 6/17/14 – Through: 6/1/23
This chapter shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws.