HBA-JEK H.B. 1042 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1042
By: Hodge
Corrections
3/25/2001
Introduced



BACKGROUND AND PURPOSE

Current Texas Board of Criminal Justice rule prohibits the use or
possession of cigarettes or other tobacco products by inmates and persons
visiting offenders, and restricts the use of tobacco products by Texas
Department of Criminal Justice (TDCJ) employees on prison property.  The
prohibition on possession and use of tobacco by inmates has led to a black
market for tobacco products within the Texas prison system. Valuable
resources are spent enforcing the tobacco prohibition, and the perception
exists that TDCJ has been unable to successfully enforce its tobacco rules.
House Bill 1042 authorizes the possession, delivery, and use of tobacco
products in designated areas by TDCJ employees, inmates, and visitors to
TDCJ property. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Criminal Justice in
SECTION 1 (Section 493.026, Government Code) and SECTION 2 of this bill. 

ANALYSIS

House Bill 1042 requires the Texas Board of Criminal Justice to adopt a
rule no later than October 1, 2001 that permits the possession, delivery,
and use of tobacco products by employees of the Texas Department of
Criminal Justice (TDCJ), persons in the custody of TDCJ, and visitors to
property owned, used, or controlled by TDCJ.  The bill specifies that the
rule must provide for the designation by the executive director of approved
areas in which persons in the custody of TDCJ are permitted to use tobacco
products. 

EFFECTIVE DATE

September 1, 2001.