HBA-GUM H.B. 3294 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3294 By: Goolsby House Administration 4/12/1999 Introduced BACKGROUND AND PURPOSE Current law prohibits 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 be 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, under this Act, 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.