HBA-DMD, GUM H.B. 3294 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3294
By: Goolsby
House Administration
9/15/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, state law prohibited the resale of Texas
Department of Criminal Justice (TDCJ)-made products on the open market.
However, TDCJ makes state flags, which the legislature has been purchasing
and reselling to house and senate members for a number of years.  The sale
of these items may have been considered a Class B misdemeanor.  H.B. 3294
provides an exemption for Texas flags and similar items from the
prohibition on reselling prison-made products, and authorizes either house
of the legislature to acquire and provide for the sale and distribution of
the items. 

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 Subchapter B, Chapter 301, Government Code, by adding
Section 301.033, as follows: 

Sec. 301.033.  SALE OF TEXAS FLAGS AND SIMILAR ITEMS.  Authorizes either
house of the legislature to acquire and provide for the sale of Texas flags
and other items carrying symbols of the State of Texas. 

SECTION 2.  Amends Section 497.010, Government Code, by adding Subsection
(c), to provide that a flag or similar item produced for sale or
distribution by the legislature under Section 301.033, is an exception to
this section (Offense: Sale or Offer of Sale of Prison-Produced Articles or
Products). 

SECTION 3.  Emergency clause.
  Effective date: upon passage.