(a) A person commits an offense if the person:
- (1) provides contraband to an inmate of a correctional facility;
- (2) otherwise introduces contraband into a correctional facility; or
- (3) possesses contraband while confined in a correctional facility.
(b) In this section, "contraband":
(1) means:
- (A) any item not provided by or authorized by the operator of the correctional facility; or
- (B) any item provided by or authorized by the operator of the correctional facility that has been altered to accommodate a use other than the originally intended use; and
- (2) does not include any item specifically prohibited under Section 38.11.
- (c) An offense under this section is a Class C misdemeanor, unless the offense is committed by an employee or a volunteer of the correctional facility, in which event the offense is a Class B misdemeanor.
Added by Acts 2005, 79th Leg., Ch. 499 (H.B. 549), Sec. 2, eff. June 17, 2005.