By:  Phillips, Guillen                                            H.B. No. 549



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the introduction of certain items in 
correctional facilities.
	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;
		(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;
		(4)  a cellular telephone or money to a person confined 
in a local jail regulated by the Commission on Jail Standards; or
		(5)  a cigarette or tobacco product to a person 
confined in a local jail regulated by the Commission on Jail 
Standards and in providing the cigarette or tobacco product the 
person violates a rule or regulation adopted by the sheriff or jail 
administrator that:
			(A)  prohibits the possession of a cigarette or 
tobacco product by an inmate confined in the jail; or
			(B)  places restrictions on:                                          
				(i)  the possession of a cigarette or 
tobacco product by an inmate confined in the jail; or
				(ii)  the manner in which a cigarette or 
tobacco product may be provided to an inmate confined in the jail.
	SECTION 2.  Chapter 38, Penal Code, is amended by adding 
Section 38.114 to read as follows:
	Sec. 38.114.  CONTRABAND IN CORRECTIONAL FACILITY.  (a)  A 
person commits an offense if the person:
		(1)  provides contraband to an inmate of a correctional 
facility;    
		(2)  otherwise introduces contraband into a 
correctional facility; or
		(3)  possesses contraband while confined in a 
correctional facility. 
	(b)  In this section, "contraband":                                     
		(1)  means:                                                            
			(A)  any item not provided by or authorized by the 
operator of the correctional facility; or
			(B)  any item provided by or authorized by the 
operator of the correctional facility that has been altered to 
accommodate a use other than the originally intended use; and
		(2)  does not include any item specifically prohibited 
under Section 38.11.
	(c)  An offense under this section is a Class C misdemeanor, 
unless the offense is committed by an employee or a volunteer of the 
correctional facility, in which event the offense is a Class B 
misdemeanor.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.