BILL ANALYSIS



C.S.H.B. 1056
By: Janek
02-24-95
Committee Report (Substituted)


BACKGROUND

The Harris County Commissioners Court has adopted an order
prohibiting smoking in all county buildings, including the county
jails.  When the jail commissaries stopped selling smoking tobacco
products to inmates, the inmate's families began smuggling tobacco
to the jails.  Since the possession of tobacco products is
otherwise not a criminal offense, it is difficult to prevent
visitors from engaging in smuggling.

PURPOSE

This bill will make it a criminal offense to provide or attempt to
provide tobacco products for inmates in a county jail where the
sheriff prohibits smoking.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter Z, Chapter 351, Local Government
Code, by adding Section 351.903 creating a criminal offense, Class
C misdemeanor, for a person to provide or attempt to provide
tobacco to an inmate in a county jail in a county where the sheriff
prohibites smoking in the county jail or other correctional
facility.

SECTION 2.  Emergency Clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The committee substitute drops the 2.8 million or more population
bracket contained in the original bill.

The original bill states that providing tobacco to an inmate in a
county jail or other correctional facility will be a Class B
misdemeanor when the commissioners court of that county has, by
order, prohibited smoking in that county jail or correctional
facility.

The committee substitute provides that providing tobacco to an
inmate in a county jail or other correctional facility will be a
Class C misdemeanor when the sheriff of that county has prohibited
smoking in that county jail or correctional facility.

The original bill allowed employees of the county sheriff's office
to provide tobacco to inmates without committing a Class B
misdemeanor.  The committee substitute does not exempt county
sheriff's employees from committing the offense when providing
tobacco to inmates of a county jail or correctional facility.


SUMMARY OF COMMITTEE ACTION

HB 1056 was considered by the County Affairs Committee in a public
hearing on 3/1/95. Representative Janek opened. The following
person testified for HB 1056: Lynwood Moreau, representing the
Harris County Deputy Sheriff's Union. Representative Janek closed.
HB 1056 was left pending. HB 1056 was laid out as pending business
and referred to a subcommittee to be named later by the chair. 
On 3/8/95, the chair named the following subcommittee members:
Representatives Chisum, Chr., Munoz and Wohlgemuth.
After being recalled from subcommittee, HB 1056 was considered in
a public hearing on 4/12/95. The County Affairs Committee
considered a complete committee substitute for HB 1056. The
substitute was adopted without objection. HB 1056 was reported
favorably, as substituted, with the recommendation that it do pass
and be printed, by a record vote of 7 ayes, 0 nays, 0 pnv, 2
absent.