BILL ANALYSIS



H.B. 2331
By: Lewis, Ron
4-19-95
Committee Report (Unamended)


BACKGROUND

During the 1993 Penal Code rewrite, some important language was
inadvertently deleted.  There was no testimony in favor of or
opposed to Section 38.14, which was overlooked.  This language
provides a tool that every peace officer needs in order to carry
out his or her job.

The deleted language provided for a Class C misdemeanor for a
person who intentionally or knowingly prevented a peace officer
from the execution of any process in a civil cause.  This provision
ensured that civil papers could be delivered in a timely fashion.

An individual who is being served is entitled to timely receipt of
the papers so that he or she is able to prepare a proper response. 
Because of the exclusion of Section 38.14 of the Penal Code,
employers have been known to take advantage of the fact that they
are not statutorily required to give peace officers access to
employees.

PURPOSE

If enacted, H.B. 2331 would replace the language that was left out
of the 1993 Penal Code rewrite (formerly Section 38.14).  This
replacement will help peace officers carry out their duties and
will ensure prompt receipt of civil papers by those being served.

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.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Penal Code (OBSTRUCTING GOVERNMENTAL
OPERATION) by adding Section 38.16 as follows:

Sec. 38.16.  PREVENTING EXECUTION OF CIVIL PROCESS.

     (a) defines commission of an offense for intentionally or
     knowingly preventing execution of any process in civil action,
     by word or action.

     (b) exempts application of this section to an individual who
     avoids detection, thereby evading service.

     (c) classifies an offense under this section as a Class C
     misdemeanor.

SECTION 2.  Effective date:  September 1, 1995.

SECTION 3.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

HB 2331 was considered by the full committee in a public hearing on
April 19, 1995.  HB 2331 was reported favorably without amendment,
with the recommendation that it do pass and be printed by a record
vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.