HBA-JEK H.B. 1042 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1042 By: Hodge Corrections 3/25/2001 Introduced BACKGROUND AND PURPOSE Current Texas Board of Criminal Justice rule prohibits the use or possession of cigarettes or other tobacco products by inmates and persons visiting offenders, and restricts the use of tobacco products by Texas Department of Criminal Justice (TDCJ) employees on prison property. The prohibition on possession and use of tobacco by inmates has led to a black market for tobacco products within the Texas prison system. Valuable resources are spent enforcing the tobacco prohibition, and the perception exists that TDCJ has been unable to successfully enforce its tobacco rules. House Bill 1042 authorizes the possession, delivery, and use of tobacco products in designated areas by TDCJ employees, inmates, and visitors to TDCJ property. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Criminal Justice in SECTION 1 (Section 493.026, Government Code) and SECTION 2 of this bill. ANALYSIS House Bill 1042 requires the Texas Board of Criminal Justice to adopt a rule no later than October 1, 2001 that permits the possession, delivery, and use of tobacco products by employees of the Texas Department of Criminal Justice (TDCJ), persons in the custody of TDCJ, and visitors to property owned, used, or controlled by TDCJ. The bill specifies that the rule must provide for the designation by the executive director of approved areas in which persons in the custody of TDCJ are permitted to use tobacco products. EFFECTIVE DATE September 1, 2001.