SAN ANTONIO – It's already illegal to light up a cigarette in local restaurants, the airport and city park.
Now, there's a state government move to ban smoking in personal cars if small children are on board.
State Rep. Terry Canales, from Edinburg, Texas, filed HB 461 that makes it a misdemeanor to smoke or possess a burning tobacco product in a passenger vehicle if a children who is required to be in a child safety seat is present. That is essentially a child younger than 8.
"I think we should," said resident Jeanette Jay. "Children need to be protected. They don't have a choice in the matter. Anything we can do, like seat belt laws, we should do."
Roy Cortinas, a dad and smoker, also supports the idea.
"For my kids' health, I don't smoke around them or in the car or anything like that," he said.
Critics, however, say the government should butt out.
While non-smoker David Pakes said he believes children and their health should be protected, it's not the job of the government.
"That's a personal choice," he said. "Parents should be aware of health conditions that can arise because of secondhand smoke, but it's up to them."
The American Academy of Pediatrics supports state and local governments prohibiting smoking in cars or locations where children are present because of links between environmental tobacco smoke exposure and increased respiratory illness, asthma and even potential cancer later in life.
Several states have already banned smoking in cars when children are present, some up to age 18.
If the bill passes in Texas, the ban goes into effect Sept. 1, 2015. Violators could face a fine of up to $500.