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.