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


Senate Research CenterC.S.H.B. 677
By: Solomons (Haywood)
Criminal Justice
5-18-97
Committee Report (Substituted)


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.  C.S.H.B. 677 would allow courts to
require community service for the punishment of such an offense.   

PURPOSE

As proposed, C.S.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
Subsections (h) and (i), to set forth the terms by which a court is
authorized to order a person younger than 21 years of age who commits an
offense under this section to perform eight hours of community service,
unless the person is shown to have previously committed an offense under
this section, in which case the court may order the person to perform 12
hours of community service.  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 set forth the terms by which the court is authorized, in a disposition
hearing under Section 54.04 in which the court finds that a child engaged
in conduct violating Section 521.453, Transportation Code, to order the
child to perform eight hours of community service as a condition of
probation under Section 54.04(d), unless the child is shown to have
previously engaged in conduct violating Section 521.453, Transportation
Code, in which case the court may order the child to perform 12 hours of
community service. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.  




 SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 521.453(h), Transportation Code, to authorize a court to
order community service if the court is located in a municipality or
county that has established a community service program.  Authorizes a
court to order a person to perform 12 hours of community service if the
person is shown to have previously committed an offense under this
section.  

SECTION 2. 

Amends Section 54.044(i), Family Code, to authorize a court to order a
child to perform community service if the court is located in a
municipality or county that has established a community service program.
Authorizes a court to order a child to perform 12 hours of community
service if the child is shown to have previously engaged in conduct
violating Section 521.453, Transportation Code.