AEZ H.B. 157 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 157
By: Driver
3-5-97
Committee Report (Unamended)



BACKGROUND 

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.      

PURPOSE

HB 157, as proposed, would make possessing, selling, or offering to sell
a counterfeit evidence of financial responsibility a third degree felony
under Section 37.10, Penal Code.  

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 Section 37.10, Penal Code, Tampering With Governmental
Record, by adding subsection (h) which states that possession, selling or
offering to sell an evidence of financial responsibility, with the
intention that it be used unlawfully, is a felony of the third degree. 

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

SECTION 3.  (a) Effective Date:  September 1, 1997

                       (b) Change in law applies only to offenses
committed on or after the effective date of this Act. 

SECTION 4.  Emergency clause.