1-1  By:  Wentworth                                         S.B. No. 932
    1-2        (In the Senate - Filed March 6, 1995; March 7, 1995, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  May 11, 1995, reported favorably by the following vote:  Yeas 4,
    1-5  Nays 1; May 11, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the availability of weight-lifting equipment to inmates
    1-9  and defendants confined in a correctional facility.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Chapter 493, Government Code, is amended by
   1-12  adding Section 493.014 to read as follows:
   1-13        Sec. 493.014.  WEIGHT-LIFTING EQUIPMENT.  (a)  The
   1-14  department:
   1-15              (1)  may not allow an inmate or a defendant confined in
   1-16  a facility operated by the department access to weight-lifting
   1-17  equipment or accessories; and
   1-18              (2)  shall inform each entity contracting with the
   1-19  department for the operation or management of a facility that
   1-20  inmates confined in the facility are not permitted to have access
   1-21  to weight-lifting equipment or accessories.
   1-22        (b)  The department shall notify the General Services
   1-23  Commission that all weight-lifting equipment and accessories owned
   1-24  by the department are surplus property to be disposed of as
   1-25  provided by Article 9, State Purchasing and General Services Act
   1-26  (Article 601b, Vernon's Texas Civil Statutes), except that proceeds
   1-27  received from disposition of the equipment and accessories under
   1-28  this section may be used only to pay costs incurred by the
   1-29  department in providing other recreational facilities and equipment
   1-30  to inmates and defendants in the custody of the department.
   1-31        SECTION 2.  Subchapter C, Chapter 351, Local Government Code,
   1-32  is amended by adding Section 351.045 to read as follows:
   1-33        Sec. 351.045.  WEIGHT-LIFTING EQUIPMENT.  The sheriff or jail
   1-34  administrator, as appropriate, may not allow a prisoner committed
   1-35  to the county jail access to weight-lifting equipment or
   1-36  accessories.
   1-37        SECTION 3.  Subchapter F, Chapter 351, Local Government Code,
   1-38  is amended by adding Section 351.105 to read as follows:
   1-39        Sec. 351.105.  WEIGHT-LIFTING EQUIPMENT.  The sheriff may
   1-40  approve a contract to operate a facility under Section 351.101 or
   1-41  Section 351.102 only if the contract provides that the private
   1-42  vendor may not allow a prisoner confined in the facility access to
   1-43  weight-lifting equipment or accessories.
   1-44        SECTION 4.  The importance of this legislation and the
   1-45  crowded condition of the calendars in both houses create an
   1-46  emergency and an imperative public necessity that the
   1-47  constitutional rule requiring bills to be read on three several
   1-48  days in each house be suspended, and this rule is hereby suspended,
   1-49  and that this Act take effect and be in force from and after its
   1-50  passage, and it is so enacted.
   1-51                               * * * * *