HBA-MPA H.B. 163 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 163 By: Chisum Criminal Jurisprudence 3/29/1999 Introduced BACKGROUND AND PURPOSE 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. 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 Subsection (1) from existing text and to add Subsection (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.