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This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Renumbered 9/1/94 from 38.112
Sec. 38.11. PROHIBITED SUBSTANCES IN CORRECTIONAL FACILITY OR ON PROPERTY OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE. (a) A person commits an offense if the person provides an alcoholic beverage, controlled substance, or dangerous drug to an inmate of a correctional facility, except on the prescription of a physician.
(b) A person commits an offense if the person takes an alcoholic beverage, controlled substance, or dangerous drug into a correctional facility, except for delivery to a correctional facility warehouse, pharmacy, or physician.
(c) A person commits an offense if the person takes a controlled substance or dangerous drug on property owned, used, or controlled by the Texas Department of Criminal Justice, except for delivery to a warehouse, pharmacy, or physician on property owned, used, or controlled by the department.
(d) A person commits an offense if the person possesses a controlled substance or dangerous drug while on property owned, used, or controlled by the Texas Department of Criminal Justice.
(e) It is an affirmative defense to prosecution under Subsection (d) of this section that the person possessed the controlled substance or dangerous drug pursuant to a prescription issued by a practitioner or while delivering the substance or drug to a warehouse, pharmacy, or physician on property owned, used, or controlled by the department.
(f) In this section:
(1) "Practitioner" has the meaning assigned by Section 481.002, Health and Safety Code.
(2) "Prescription" has the meaning assigned by Section 481.002, Health and Safety Code.
(g) An offense under this section is a felony of the third degree.
(h) Notwithstanding Section 15.01(d), if a person commits the offense of criminal attempt to commit an offense under Subsection (a) or (b), the offense committed under Section 15.01 is a felony of the third degree.

A D V E R T I S E M E N T S Baker's Legal Pages has no relationship with the advertisers whose ads appear below.

This text is from the 1999 Texas Penal Code.
For a more current version of this provision
see the FastLaws Texas Penal Code
.
Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
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