SRC-JJJ H.B. 163 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 163
By: Chisum (Bivins)
Criminal Justice
5/13/1999
Engrossed


DIGEST 

Currently, Section 38.11(d), Penal Code, makes possession of a controlled
substance in any Texas Department of Criminal Justice correctional facility
a felony in the third degree. Possession of a controlled substance in a
county jail is not covered by the statute. H.B. 163 would add all
correctional facilities to the list of properties covered by the controlled
substance statute. 

PURPOSE

As proposed, H.B. 163 would establish conditions regarding the offense of
possession of a controlled substance or dangerous drug in a correctional
facility.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 38.11(d), Penal Code, to specify a correctional
facility as a place where a person commits a felony in the third degree by
possessing a controlled substance or dangerous drug. Makes nonsubstantive
changes.  

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.