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.