BILL ANALYSIS

H.B. 689

By: Gervin-Hawkins

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that there have been concerns brought by a number of constituents relating to public transit safety in Texas, that there have been instances of violent actions committed on a bus, a railcar, or another vehicle used by the public for mass transit purposes, and that these acts affect everyone on or near the transit system, not just the primary victim. Texas residents should feel comfortable and safe while using a public transportation system. H.B. 689 seeks to address these concerns by increasing criminal penalties to the next higher category for any sexual, assaultive, or robbery offense committed while on public transit systems and increasing the minimum term of confinement for certain offenses.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 689 amends the Penal Code to increase the penalty for any sexual, assaultive, or robbery offense to the next higher category of offense if it is shown at the trial of the offense that the offense was committed in a vehicle operated by any of the following transportation authorities:

· metropolitan rapid transit authority;

· regional transportation authority;

· municipal transit department;

· county mass transit authority;

· rural and urban transit district; or

· coordinated county transportation authority.

The bill increases the minimum term of confinement for such an offense punishable as a Class A misdemeanor to 180 days but prohibits a punishment increase under the bill's provisions if the offense is punishable as a first degree felony.

H.B. 689 defines "vehicle" as a bus, a railcar, rolling stock, or another vehicle used by the public for mass transit purposes.

H.B. 689 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.

EFFECTIVE DATE

September 1, 2025.