78R1612 EMT-F

By:  Hodge                                                        H.B. No. 26 



A BILL TO BE ENTITLED

AN ACT

relating to creating the criminal offense of providing a cigarette 
or tobacco product to an inmate of the Texas Department of Criminal 
Justice.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 38.11(a), Penal Code, is amended to read 
as follows:     
	(a)  A person commits an offense if the person provides:                
		(1)  an alcoholic beverage, controlled substance, or 
dangerous drug to an inmate of a correctional facility, except on 
the prescription of a physician; or
		(2)  a cigarette or a tobacco product to an inmate of a 
correctional facility operated by or operated under contract with 
the Texas Department of Criminal Justice.
	SECTION 2.  Section 38.11(f), Penal Code, is amended by 
adding Subdivisions (3) and (4) to read as follows:
		(3)  "Cigarette" has the meaning assigned by Section 
154.001, Tax Code.
		(4)  "Tobacco product" has the meaning assigned by 
Section 155.001, Tax Code.
	SECTION 3.  This Act takes effect September 1, 2003.