By:  Kolkhorst, et al.                                            H.B. No. 864



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the introduction or possession of certain 
items in correctional facilities or on certain property of the 
Texas Department of Criminal Justice; providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 38.11, Penal Code, is amended by 
amending Subsections (a), (d), and (e) and adding Subsection (j) 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;
		(2)  a deadly weapon to an inmate of a correctional 
facility; or     
		(3)  a cellular telephone, cigarette, tobacco product, 
or money to an inmate of a correctional facility operated by or 
under contract with the Texas Department of Criminal Justice.
	(d)  A person commits an offense if the person:                         
		(1)  possesses a controlled substance or dangerous drug 
while:       
			(A) [(1)]  on property owned, used, or controlled 
by the Texas Department of Criminal Justice; or
			(B) [(2)]  in a correctional facility; or     
		(2)  possesses a deadly weapon while in a correctional 
facility.     
	(e)  It is an affirmative defense to prosecution under 
Subsection (d)(1) of this section that the person possessed the 
controlled substance or dangerous drug pursuant to a prescription 
issued by a practitioner or while delivering the substance or drug 
to a warehouse, pharmacy, or physician on property owned, used, or 
controlled by the department.  It is an affirmative defense to 
prosecution under Subsection (d)(2) of this section that the person 
possessing the deadly weapon is a peace officer or is an officer or 
employee of the correctional facility authorized to possess the 
deadly weapon while on duty or traveling to or from the person's 
place of assignment.
	(j)  A person commits an offense if the person while an 
inmate of a correctional facility operated by or under contract 
with the Texas Department of Criminal Justice possesses a cellular 
telephone.
	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.  The heading to Section 38.11, Penal Code, is 
amended to read as follows:
	Sec. 38.11.  PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL 
FACILITY OR ON PROPERTY OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE.
	SECTION 4.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2003.