By Averitt                                             H.B. No. 502
       74R3419 PEP-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prohibiting possession and smoking of tobacco by
    1-3  inmates; providing a penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 38, Penal Code, is amended by adding
    1-6  Section 38.111 to read as follows:
    1-7        Sec. 38.111.  SMOKING TOBACCO PROHIBITED.  (a)  A person
    1-8  commits an offense if the person is a person confined in a
    1-9  correctional facility operated by or for the Texas Department of
   1-10  Criminal Justice and the person is in possession of a tobacco
   1-11  product in the correctional facility, an outdoor recreational area
   1-12  that is part of the facility, or a vehicle used to transport the
   1-13  person to or from the facility.
   1-14        (b)  An offense under this section is a Class C misdemeanor.
   1-15        SECTION 2.  This Act takes effect September 1, 1995.
   1-16        SECTION 3.  The importance of this legislation and the
   1-17  crowded condition of the calendars in both houses create an
   1-18  emergency and an imperative public necessity that the
   1-19  constitutional rule requiring bills to be read on three several
   1-20  days in each house be suspended, and this rule is hereby suspended.