79R5999 PEP-D


By:  Kolkhorst                                                    H.B. No. 2077



A BILL TO BE ENTITLED

AN ACT

relating to the prohibition of wireless communications devices in 
correctional facilities operated by or under contract with the 
Texas Department of Criminal Justice; providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 38.11(a) and (j), Penal Code, are 
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 or other wireless 
communications device or a component of one of those devices, 
cigarette, tobacco product, or money to an inmate of a correctional 
facility operated by or under contract with the Texas Department of 
Criminal Justice.
	(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 or other wireless communications device or a component of 
one of those devices.
	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.