BILL ANALYSIS S.B. 949 By: Sims Intergovernmental Relations 4-27-95 Committee Report (Unamended) BACKGROUND In recent years, many county jails have chosen to become non-smoking facilities for health and safety reasons and also to help prevent the facility from becoming damaged. Inmates found with contraband items are adequately penalized by the institution through the jail's internal disciplinary process; however, the individual supplying the contraband is not penalized in any way. PURPOSE As proposed, S.B. 949 authorizes county commissioners to ban certain contraband in county jails; provides for a criminal penalty. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 351C, Local Government Code, by adding Section 351.045, as follows: Sec. 351.045. CONTRABAND. (a) Authorizes the commissioners court of a county, by order, to prohibit the introduction of contraband into the county jail or a county correctional facility. (b) Authorizes the commissioners court to designate an item as contraband only if the sheriff agrees in writing to the designation and if the item is a tobacco product or an accessory to a tobacco product such as matches, or is a threat to the health or safety of an inmate or an employee of the jail or correction facility. (c) Requires the sheriff to post at each entrance to the county jail or correctional facility a copy of the order listing the items that are contraband and a statement that a person introducing or attempting to introduce a listed item into the jail or facility commits an offense. (d) Provides that a person who introduces contraband into a county jail or correction facility commits a Class C misdemeanor. SECTION 2. Emergency clause. Effective date: upon passage.