1-1 By: Chisum, Allen (Senate Sponsor - Bivins) H.B. No. 163 1-2 (In the Senate - Received from the House May 7, 1999; 1-3 May 10, 1999, read first time and referred to Committee on Criminal 1-4 Justice; May 14, 1999, reported favorably by the following vote: 1-5 Yeas 5, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the offense of possession of a controlled substance or 1-9 dangerous drug in a correctional facility. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Section 38.11(d), Penal Code, is amended to read 1-12 as follows: 1-13 (d) A person commits an offense if the person possesses a 1-14 controlled substance or dangerous drug while: 1-15 (1) on property owned, used, or controlled by the 1-16 Texas Department of Criminal Justice; or 1-17 (2) in a correctional facility. 1-18 SECTION 2. (a) The change in law made by this Act applies 1-19 only to an offense committed on or after the effective date of this 1-20 Act. For purposes of this section, an offense is committed before 1-21 the effective date of this Act if any element of the offense occurs 1-22 before the effective date. 1-23 (b) An offense committed before the effective date of this 1-24 Act is covered by the law in effect when the offense was committed, 1-25 and the former law is continued in effect for that purpose. 1-26 SECTION 3. This Act takes effect September 1, 1999. 1-27 SECTION 4. The importance of this legislation and the 1-28 crowded condition of the calendars in both houses create an 1-29 emergency and an imperative public necessity that the 1-30 constitutional rule requiring bills to be read on three several 1-31 days in each house be suspended, and this rule is hereby suspended. 1-32 * * * * *