SRC-CDH H.B. 677 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 677
By: Solomons (Haywood)
Criminal Justice
4-23-97
Engrossed


DIGEST 

Currently, the Transportation Code makes it a crime for a person to sell,
manufacture, distribute, or possess a document that is deceptively similar
to a driver's license or a personal identification certificate issued by
the Department of Public Safety (DPS) unless the document displays the
statement "NOT A GOVERNMENT DOCUMENT" diagonally printed on both the front
and back of the document in solid red letters of a certain height.  A
document is deceptively similar to a driver's license or personal
identification certificate if a reasonable person would assume that it was
issued by DPS, and a first offense of this type is a Class C misdemeanor,
punishable by a maximum fine of $500.  H.B. 677 would allow courts to
require community service for the punishment of such an offense.   

PURPOSE

As proposed, H.B. 677 establishes the punishment for certain persons who
sell, manufacture, distribute, or possess a document that is deceptively
similar to a driver's license.   

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 521.453, Transportation Code, by adding
Subsection (g), to authorize a court, in addition to the punishment
provided by Subsection (d), to order a person younger than 21 years of age
who commits a first offense under this section to perform eight hours of
community service under certain circumstances.  Requires the community
service to be performed as if ordered by a juvenile court under Section
54.044(a), Family Code, as a condition of probation under Section
54.04(d), Family Code, if the person is younger than 17 years of age.   

SECTION 2. Amends Section 54.044, Family Code, by adding Subsection (i),
to authorize the court, in a disposition hearing under Section 54.04 in
which the court finds that a child engaged in behavior violating Section
521.453, Transportation Code, as a first offense, to order the child to
perform eight hours of community service as a condition of probation under
Section 54.04(d) under certain circumstances. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.