BILL ANALYSIS


                                                        H.B. 2331
                                         By: Lewis, R. (Gallegos)
                                                    Jurisprudence
                                                          5-25-95
                              Senate Committee Report (Unamended)
BACKGROUND

During the 1993 Penal Code revisions, some language was
inadvertently deleted. There was no testimony in favor of or
opposed to Section 38.14, which was overlooked.

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.

PURPOSE

As proposed, H.B. 2331 provides that a person commits an offense if
the person intentionally or knowingly prevents the execution of any
process in a civil cause.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 38, Penal Code, by adding Section 38.16,
as follows:

     Sec. 38.16. PREVENTING EXECUTION OF CIVIL PROCESS. (a)
     Provides that a person commits an offense if the person
     intentionally or knowingly by words or physical action
     prevents the execution of any process in a civil cause.
     
     (b) Provides that it is an exception to the application of
       this section that the actor evaded service of process by
       avoiding detection.
       
       (c) Provides that an offense under this section is a Class
       C misdemeanor.
       
       SECTION 2.   Effective date: September 1, 1995.

SECTION 3. Emergency clause.