79R290 EMT-D

By:  Guillen                                                      H.B. No. 196



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the introduction of certain items in a 
correctional facility.
	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 practitioner, as defined in 
Section 551.003, Occupations Code; or
		(2)  a deadly weapon, [to an inmate of a correctional 
facility; or
		[(3)]  a cellular telephone, a cigarette, a tobacco 
product, or money to an inmate of a correctional facility [operated 
by or under contract with the Texas Department of Criminal 
Justice].
	SECTION 2.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.   
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.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 3.  This Act takes effect September 1, 2005.