1-1  By:  Sims, Shapiro                                     S.B. No. 949
    1-2        (In the Senate - Filed March 6, 1995; March 7, 1995, read
    1-3  first time and referred to Committee on Intergovernmental
    1-4  Relations; April 27, 1995, reported favorably by the following
    1-5  vote:  Yeas 10, Nays 0; April 27, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to authorizing county commissioners to ban the
    1-9  introduction of contraband into county jails; providing a penalty.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Subchapter C, Chapter 351, Local Government Code,
   1-12  is amended by adding Section 351.045 to read as follows:
   1-13        Sec. 351.045.  CONTRABAND.  (a)  The commissioners court of a
   1-14  county by order may prohibit the introduction of contraband into
   1-15  the county jail or a county correctional facility.
   1-16        (b)  The commissioners court may designate an item as
   1-17  contraband only if the sheriff agrees in writing to the designation
   1-18  and if the item is:
   1-19              (1)  a tobacco product such as a cigar, cigarette,
   1-20  snuff, or a similar product prepared for smoking, chewing, or
   1-21  dipping or is an accessory to a tobacco product such as matches; or
   1-22              (2)  by its nature a threat to the health or safety of
   1-23  an inmate or an employee of the jail or correctional facility and
   1-24  is not an item listed in Section 38.09 or 38.11, Penal Code.
   1-25        (c)  The sheriff shall post at each entrance to the county
   1-26  jail or county correctional facility a copy of the order listing
   1-27  the items that are contraband and a statement that a person
   1-28  introducing or attempting to introduce a listed item into the jail
   1-29  or facility commits an offense.
   1-30        (d)  A person who introduces or attempts to introduce
   1-31  contraband into a county jail or county correctional facility
   1-32  commits an offense.  An offense under this subsection is a Class C
   1-33  misdemeanor.
   1-34        SECTION 2.  The importance of this legislation and the
   1-35  crowded condition of the calendars in both houses create an
   1-36  emergency and an imperative public necessity that the
   1-37  constitutional rule requiring bills to be read on three several
   1-38  days in each house be suspended, and this rule is hereby suspended,
   1-39  and that this Act take effect and be in force from and after its
   1-40  passage, and it is so enacted.
   1-41                               * * * * *