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.