By Howard                                       H.B. No. 2730

      75R3980 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the availability of certain material to inmates in

 1-3     correctional facilities operated by or under contract with the

 1-4     Texas Department of Criminal Justice.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter A, Chapter 501, Government Code, is

 1-7     amended by adding Section 501.020 to read as follows:

 1-8           Sec. 501.020.  PROHIBITED MATERIALS.  (a)  The department

 1-9     shall prohibit an inmate imprisoned in a correctional facility

1-10     operated by or under contract with the department from receiving

1-11     any sexually explicit material.

1-12           (b)  The board shall establish policies requiring the

1-13     executive director to make a specific factual determination as to

1-14     whether material is sexually explicit and requiring a review board

1-15     composed of persons employed by the department to confirm that

1-16     determination before an inmate is denied access to the material.

1-17           (c)  In this section, "sexually explicit material" means any

1-18     publication, photograph, or other material containing a visual

1-19     representation the dominant theme of which depicts or describes in

1-20     a lascivious manner nudity or sexual or excretory activities or

1-21     organs.

1-22           SECTION 2.  This Act takes effect September 1, 1997.

1-23           SECTION 3.  The importance of this legislation and the

1-24     crowded condition of the calendars in both houses create an

 2-1     emergency and an imperative public necessity that the

 2-2     constitutional rule requiring bills to be read on three several

 2-3     days in each house be suspended, and this rule is hereby suspended.