Enrolled Bill Summary

House Bill 864 amends the Penal Code to make it a third degree felony for a person to provide an inmate of a correctional facility with a deadly weapon, to possess a deadly weapon while in a correctional facility, or to provide an inmate of a correctional facility operated by or under contract with the Texas Department of Criminal Justice with a cellular telephone, a cigarette, a tobacco product, or money. The bill also makes it an offense for an inmate of a correctional facility to possess a cellular telephone. The bill provides that it is an affirmative defense to prosecution that the person possessing a deadly weapon is a peace officer or an officer or employee of the correctional facility and is authorized to possess the weapon while on duty or traveling to or from the person's place of assignment.