SRC-CDH H.B. 157 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 157
By: Driver (Duncan)
Criminal Justice
5-9-97
Engrossed


DIGEST 

Currently, possessing, selling, or offering to sell a counterfeit proof of
financial responsibility certificate can be prosecuted as a third degree
felony under Section 37.10, Penal Code. However, Sections 601.087 and
601.196 of the Transportation Code make this same offense a misdemeanor.
H.B. 157 would make possessing, selling, or offering to sell a counterfeit
evidence of financial responsibility a third degree felony under Section
37.10, Penal Code; and would repeal Sections 601.087 and 601.196 of the
Transportation Code.    

PURPOSE

As proposed, H.B. 157 sets forth the penalty for tampering with certain
governmental records. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 37.10, Penal Code, by amending Subsection (c),
and adding Subsection (h), to provide that an offense under Subsection
(a)(4) or (a)(6), regarding possessing, selling, or offering to sell a
governmental record or a blank governmental record form with knowledge
that it was obtained or with intent that it be used unlawfully, is a third
degree felony if the governmental record is an evidence of financial
responsibility.  Defines "evidence of financial responsibility."  Makes
conforming changes. 

SECTION 2. Repealer:  Section 601.087, Transportation Code (Governmental
Record; Unauthorized Certificate or Form) and Section 601.196,
Transportation Code (Evidence Forged or Signed Without Authority;
Offense). 

SECTION 3. Effective date:  September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.