HBA-GUM H.B. 3294 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3294
By: Goolsby
House Administration
4/12/1999
Introduced



BACKGROUND AND PURPOSE 

Current law prohibits the resale of Texas Department of Criminal justice
(TDCJ)-made products on the open market. However, TDCJ makes state flags,
which the legislature has been purchasing and reselling to house and senate
members for a number of years.  The sale of these items may be considered a
Class B Misdemeanor.  H.B. 3294 provides an exemption for Texas flags and
similar items from the prohibition on reselling prison-made products, and
authorizes either house of the legislature to acquire and provide for the
sale and distribution of the items. 

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 Subchapter B, Chapter 301, Government Code, by adding
Section 301.033, as follows: 

Sec. 301.033.  SALE OF TEXAS FLAGS AND SIMILAR ITEMS.  Authorizes either
house of the legislature to acquire and provide for the sale of Texas flags
and other items carrying symbols of the State of Texas. 

SECTION 2.  Amends Section 497.010, Government Code, by adding Subsection
(c), to provide that a flag or similar item produced for sale or
distribution by the legislature under Section 301.033, under this Act, is
an exception to this section (Offense: Sale or Offer of Sale of
Prison-Produced Articles or Products). 

SECTION 3.  Emergency clause.
  Effective date: upon passage.