By Haggerty H.B. No. 2593
76R8911 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of certain offenses related to taking
1-3 an alcoholic beverage into a correctional facility.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 38.11, Penal Code, is amended by adding
1-6 Subsection (i) to read as follows:
1-7 (i) It is an affirmative defense to prosecution under
1-8 Subsection (b) that the actor:
1-9 (1) is a duly authorized member of the clergy with
1-10 rights and privileges granted by an ordaining authority that
1-11 includes administration of a religious ritual or ceremony requiring
1-12 the presence or consumption of an alcoholic beverage; and
1-13 (2) takes four ounces or less of an alcoholic beverage
1-14 into the correctional facility and personally consumes all of the
1-15 alcoholic beverage or departs from the facility with any portion of
1-16 the beverage not consumed.
1-17 SECTION 2. (a) The change in law made by this Act applies
1-18 only to an offense committed on or after the effective date of this
1-19 Act. For purposes of this section, an offense is committed before
1-20 the effective date of this Act if any element of the offense occurs
1-21 before the effective date.
1-22 (b) An offense committed before the effective date of this
1-23 Act is covered by the law in effect when the offense was committed,
1-24 and the former law is continued in effect for that purpose.
2-1 SECTION 3. This Act takes effect September 1, 1999.
2-2 SECTION 4. The importance of this legislation and the
2-3 crowded condition of the calendars in both houses create an
2-4 emergency and an imperative public necessity that the
2-5 constitutional rule requiring bills to be read on three several
2-6 days in each house be suspended, and this rule is hereby suspended.