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.