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


Office of House Bill AnalysisH.B. 2593
By: Haggerty
Corrections
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

Currently,  the Texas Department of Criminal Justice (TDCJ) hires chaplains
to perform religious services in the state prisons in Texas.  The Jail
Standards Commission requires that the same services be provided in jails
as are provided in the community.  Currently,  the introduction of alcohol
for religious purposes in TDCJ facilities is prohibited.  If members of the
clergy currently conduct a service including the presence of wine in a TDCJ
facility, they violate Section 38.11 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; or 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.