HBA-MPA H.B. 163 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 163
By: Chisum
Criminal Jurisprudence
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Section 38.11(d), Penal Code, makes possession of a controlled
substance in any Texas Department of Criminal Justice correctional facility
a felony in the third degree.  Possession of a controlled substance in a
county jail is not covered by the statute.  H.B. 163 would add all
correctional facilities to the list of properties covered by the controlled
substance statute. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 38.11(d), Penal Code, to create Subsection (1)
from existing text and to add Subsection (2), specifying a correctional
facility as a place where a person commits a felony in the third degree by
possessing a controlled substance or dangerous drug.  Makes nonsubstantive
changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.