(a) A person commits an offense if the person provides, or possesses with the intent to provide:
(1) an alcoholic beverage, controlled substance, or dangerous drug to a person in the custody of a correctional facility or residing in a civil commitment facility, except on the prescription of a practitioner;
(2) a deadly weapon to a person in the custody of a correctional facility or residing in a civil commitment facility;
(3) a cellular telephone or other wireless communications device or a component of one of those devices to a person in the custody of a correctional facility;
(4) money to a person confined in a correctional facility; or
(5) a cigarette or tobacco product to a person confined in a correctional facility, except that if the facility is a local jail regulated by the Commission on Jail Standards, the person commits an offense only if providing the cigarette or tobacco product violates a rule or regulation adopted by the sheriff or jail administrator that:
(A) prohibits the possession of a cigarette or tobacco product by a person confined in the jail; or
(B) places restrictions on:
(i) the possession of a cigarette or tobacco product by a person confined in the jail; or
(ii) the manner in which a cigarette or tobacco product may be provided to a person confined in the jail.
(b) A person commits an offense if the person takes an alcoholic beverage, controlled substance, or dangerous drug into a correctional facility or civil commitment facility.

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Terms Used In Texas Penal Code 38.11

  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Penal Code 1.07
  • Alcoholic beverage: has the meaning assigned by § 1. See Texas Penal Code 1.07
  • Another: means a person other than the actor. See Texas Penal Code 1.07
  • Civil commitment facility: means a facility owned, leased, or operated by the state, or by a vendor under contract with the state, that houses only persons who have been civilly committed as sexually violent predators under Chapter 841, Health and Safety Code. See Texas Penal Code 1.07
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlled substance: has the meaning assigned by § 481. See Texas Penal Code 1.07
  • Correctional facility: means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. See Texas Penal Code 1.07
  • Dangerous drug: has the meaning assigned by § 483. See Texas Penal Code 1.07
  • Deadly weapon: means :
    (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
    (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Texas Penal Code 1.07
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Penal Code 1.07
  • Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Penal Code 1.07
  • Person: means an individual or a corporation, association, limited liability company, or other entity or organization governed by the Business Organizations Code. See Texas Penal Code 1.07
  • Possession: means actual care, custody, control, or management. See Texas Penal Code 1.07
  • Property: means real and personal property. See Texas Government Code 311.005
  • Rule: includes regulation. See Texas Penal Code 1.07
  • Secure correctional facility: means :
    (A) a municipal or county jail; or
    (B) a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice. See Texas Penal Code 1.07

(c) A person commits an offense if the person takes a controlled substance or dangerous drug on property owned, used, or controlled by a correctional facility or civil commitment facility.
(d) A person commits an offense if the person:
(1) possesses an alcoholic beverage, controlled substance, or dangerous drug while in a correctional facility or civil commitment facility or on property owned, used, or controlled by a correctional facility or civil commitment facility; or
(2) possesses a deadly weapon while in a correctional facility or civil commitment facility.
(e) It is an affirmative defense to prosecution under Subsection (b), (c), or (d)(1) that the person possessed the alcoholic beverage, controlled substance, or dangerous drug pursuant to a prescription issued by a practitioner or while delivering the beverage, substance, or drug to a warehouse, pharmacy, or practitioner on property owned, used, or controlled by the correctional facility or civil commitment facility. It is an affirmative defense to prosecution under Subsection (d)(2) that the person possessing the deadly weapon is a peace officer or is an officer or employee of the correctional facility or civil commitment facility who is authorized to possess the deadly weapon while on duty or traveling to or from the person’s place of assignment.
(f) In this section:
(1) “Practitioner” has the meaning assigned by § 481.002, Health and Safety Code.
(2) “Prescription” has the meaning assigned by § 481.002, Health and Safety Code.
(3) “Cigarette” has the meaning assigned by § 154.001, Tax Code.
(4) “Tobacco product” has the meaning assigned by § 155.001, Tax Code.
(5) “Component” means any item necessary for the current, ongoing, or future operation of a cellular telephone or other wireless communications device, including a subscriber identity module card or functionally equivalent portable memory chip, a battery or battery charger, and any number of minutes that have been purchased or for which a contract has been entered into and during which a cellular telephone or other wireless communications device is capable of transmitting or receiving communications.
(6) “Correctional facility” means:
(A) any place described by § 1.07(a)(14)(A), (B), or (C); or
(B) a secure correctional facility or secure detention facility, as defined by § 51.02, Family Code.
(g) An offense under this section is a felony of the third degree.
(h) Notwithstanding § 15.01(d), if a person commits the offense of criminal attempt to commit an offense under Subsection (a), (b), or (c), the offense committed under § 15.01 is a felony of the third degree.
(i) It is an affirmative defense to prosecution under Subsection (b) that the actor:
(1) is a duly authorized member of the clergy with rights and privileges granted by an ordaining authority that includes administration of a religious ritual or ceremony requiring the presence or consumption of an alcoholic beverage; and
(2) takes four ounces or less of an alcoholic beverage into a correctional facility and personally consumes all of the alcoholic beverage or departs from the facility with any portion of the beverage not consumed.
(j) A person commits an offense if the person, while confined in a correctional facility, possesses a cellular telephone or other wireless communications device or a component of one of those devices.
(j-1) A person commits an offense if the person, while residing in a civil commitment facility, possesses a cellular telephone or other wireless communications device or a component of one of those devices unless the device or component is authorized by the Texas Civil Commitment Office.
(k) A person commits an offense if, with the intent to provide to or make a cellular telephone or other wireless communications device or a component of one of those devices available for use by a person in the custody of a correctional facility or residing in a civil commitment facility, the person:
(1) acquires a cellular telephone or other wireless communications device or a component of one of those devices to be delivered to the person in custody or residing in the facility;
(2) provides a cellular telephone or other wireless communications device or a component of one of those devices to another person for delivery to the person in custody or residing in the facility; or
(3) makes a payment to a communication common carrier, as defined by Article 18A.001, Code of Criminal Procedure, or to any communication service that provides to its users the ability to send or receive wire or electronic communications.