HBA-NMO, MPA H.B. 163 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 163
By: Chisum
Criminal Jurisprudence
7/22/1999
Enrolled



BACKGROUND AND PURPOSE 

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. Prior to the 76th Legislature, possession of a controlled
substance in a county jail was not covered by that statute.  H.B. 163 adds
all correctional facilities to the list of properties covered by Section
38.11(d). 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 38.11(d), Penal Code, to create Subdivision (1)
from existing text and to add Subdivision (2), specifying 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.