ACM H.B. 2897 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 2897
By: Crabb
5-1-97
Committee Report (Unamended)



BACKGROUND 

Prior to the revision of the Penal Code, burglary of a rail car was a
felony offense.  Under current law, burglary of a vehicle is a Class A
misdemeanor.  A rail car fits within the Penal Code definition of a
vehicle.  Because rail cars can carry very valuable loads and the
punishment is less than a felony, rail cars have become targets for
thieves.  Protecting rail cars from theft can be difficult especially if
they are delayed on the tracks for any reason.  Some rail cars carry
hazardous materials which could threaten community health and safety if
their security is compromised.  Other hazards such as loads shifting and
possible derailment could result from illegal entries into rail cars.
Such an event endangers the community and rail personnel and can be
enormously costly. 

PURPOSE

HB 2897, as proposed, makes the offense of burglary of a rail car a state
jail felony. 

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 30.04(c), Penal Code, to provide that the
offense of burglary of a rail car is a state jail felony. 

SECTION 2.  The change in law made by this Act applies only to an offense
committed on or after the effective date of this Act. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4.Emergency Clause.