74R9729 PAM-D
          By Janek                                              H.B. No. 1056
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prohibiting smoking and the provision of tobacco
    1-3  products in county jails and other county correctional facilities;
    1-4  providing a penalty.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter Z, Chapter 351, Local   Government
    1-7  Code, is amended by adding Section 351.903 to read as follows:
    1-8        Sec. 351.903.  PROHIBITED SUBSTANCES IN CERTAIN COUNTY JAIL
    1-9  FACILITIES.  (a)  The sheriff of a county may prohibit smoking in a
   1-10  county jail or other county correctional facility.
   1-11        (b)  If the sheriff prohibits smoking under this section, a
   1-12  person commits an offense if the person provides to an inmate of
   1-13  the jail or other facility any form of tobacco suitable for
   1-14  smoking.
   1-15        (c)  An offense under this section is a Class C misdemeanor.
   1-16        (d)  Notwithstanding Section 15.01(d), Penal Code, if a
   1-17  person commits the offense of criminal attempt to commit an offense
   1-18  under this section, the offense committed under Section 15.01 is a
   1-19  Class C misdemeanor.
   1-20        SECTION 2.  The importance of this legislation and the
   1-21  crowded condition of the calendars in both houses create an
   1-22  emergency and an imperative public necessity that the
   1-23  constitutional rule requiring bills to be read on three several
   1-24  days in each house be suspended, and this rule is hereby suspended,
    2-1  and that this Act take effect and be in force from and after its
    2-2  passage, and it is so enacted.