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.