By Hodge                                              H.B. No. 1042
         77R5126 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of tobacco products on property owned, used, or
 1-3     controlled by the Texas Department of Criminal Justice.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 493, Government Code, is amended by adding
 1-6     Section 493.026 to read as follows:
 1-7           Sec. 493.026.  TOBACCO PRODUCTS. (a)  In this section,
 1-8     "tobacco product" has the meaning assigned by Section 155.001, Tax
 1-9     Code.
1-10           (b)  The board shall adopt a rule that permits the
1-11     possession, delivery, and use of tobacco products by:
1-12                 (1)  employees of and persons in the custody of the
1-13     department; and
1-14                 (2)  visitors to property owned, used, or controlled by
1-15     the department.
1-16           (c)  The rule must provide for the designation by the
1-17     executive director of approved areas in which persons in the
1-18     custody of the department are permitted to use tobacco products.
1-19           SECTION 2. The Texas Board of Criminal Justice shall adopt
1-20     the rule described by Section 493.026, Government Code, as added by
1-21     this Act, no later than October 1, 2001.
1-22           SECTION 3. This Act takes effect September 1, 2001.