79R6784 MFC-F

By:  Hodge                                                        H.B. No. 1422



A BILL TO BE ENTITLED

AN ACT

relating to the use of tobacco products and cigarettes on property 
owned, used, or controlled by the Texas Department of Criminal 
Justice.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 493, Government Code, is amended by 
adding Section 493.026 to read as follows:
	Sec. 493.026.  TOBACCO PRODUCTS. (a)  In this section:                  
		(1)  "Cigarette" has the meaning assigned by Section 
154.001, Tax Code.
		(2)  "Tobacco product" has the meaning assigned by 
Section 155.001, Tax Code.
	(b)  The board shall adopt a rule that permits the possession 
and use of tobacco products and cigarettes by:
		(1)  employees of and persons in the custody of the 
department; and  
		(2)  visitors to property owned, used, or controlled by 
the department.
	(c)  The rule must provide for the designation by the 
executive director of approved areas in which persons in the 
custody of the department are permitted to use tobacco products and 
cigarettes.
	SECTION 2.  The Texas Board of Criminal Justice shall adopt 
the rule described by Section 493.026, Government Code, as added by 
this Act, no later than October 1, 2005.
	SECTION 3.  This Act takes effect September 1, 2005.