HBA-NIK H.B. 2593 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2593
By: Haggerty
Corrections
6/11/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature,  the Texas Department of Criminal Justice
(TDCJ) hired chaplains to perform religious services in the state prisons
in Texas.  The Jail Standards Commission required that the same services be
provided in jails as are provided in the community.  Also prior to the 76th
Legislature,  the introduction of alcohol for religious purposes in TDCJ
facilities was prohibited. If members of the clergy currently conducted a
service which included the presence of wine in a TDCJ facility, they
violated Section 38.11 (Prohibited Substances in Correctional Facility or
on Property of Texas Department of Criminal Justice) of the Penal Code.
H.B. 2593 permits clergy to conduct a service with the presence of an
alcoholic beverage in a TDCJ facility. 

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, Penal Code, by adding Subsection (i) as
follows: 

(i)  Provides that it is an affirmative defense to prosecution under
Subsection (b) that the actor is a duly authorized member of the clergy
authorized to administer a religious ritual or ceremony requiring the
presence or consumption of an alcoholic beverage; and takes up to four
ounces of an alcoholic beverage into the correctional facility (facility)
and personally consumes it or departs from the facility with any portion of
the beverage not consumed. Subsection (b) provides that it is an offense
for a person to take an alcoholic beverage into a facility except for a
delivery to a facility warehouse, pharmacy, or physician. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.