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.