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  80R2531 HLT-D
 
  By: Madden H.B. No. 435
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the detection and monitoring of a cellular telephone in
the possession of or used by an inmate or state jail defendant.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 500, Government Code, is amended by
adding Section 500.008 to read as follows:
       Sec. 500.008.  DETECTION AND MONITORING OF CELLULAR
TELEPHONES. (a) An inmate or state jail defendant confined in a
facility operated by or under contract with the department does not
have an expectation of privacy in a cellular telephone located on
the premises of the facility.
       (b)  The inspector general may use an electronic,
mechanical, or other device to detect, locate, identify, scan, or
monitor a cellular telephone in the possession of or used by an
inmate or state jail defendant confined in a facility operated by or
under contract with the department.
       SECTION 2.  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, 2007.