By Janek                                              H.B. No. 1056
       74R3958 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to prohibiting the provision of tobacco products in county
    1-3  jails and other county correctional facilities; providing a
    1-4  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)  This section applies only to a county with a
   1-10  population of 2.8 million or more.
   1-11        (b)  If the commissioners court of the county by order
   1-12  prohibits smoking in a county jail or other county correctional
   1-13  facility, a person, excluding an employee of the county sheriff's
   1-14  department,  commits an offense if the person provides to an inmate
   1-15  of the jail or other facility any form of tobacco suitable for
   1-16  smoking.
   1-17        (c)  An offense under this section is a Class B misdemeanor.
   1-18        (d)  Notwithstanding Section 15.01(d), Penal Code, if a
   1-19  person commits the offense of criminal attempt to commit an offense
   1-20  under this section, the offense committed under Section 15.01 is a
   1-21  Class B misdemeanor.
   1-22        SECTION 2.  The importance of this legislation and the
   1-23  crowded condition of the calendars in both houses create an
   1-24  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended,
    2-3  and that this Act take effect and be in force from and after its
    2-4  passage, and it is so enacted.