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.