SRC-TNM C.S.S.B. 89 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 89
By: West
Criminal Justice
4-8-97
Committee Report (Substituted)


DIGEST 

Currently, the Transportation Code creates penalties for a person who
sells, manufactures, distributes, or possesses documents that are
deceptively similar to a driver's license or personal identification
certificate issued by the Texas Department of Public Safety.  Fraudulent
out-of state identification, and fraudulent identification issued by other
state agencies are not included.  The ability to use fraudulent
out-of-state driver's licenses has created a loophole often used by minors
when attempting to purchase alcohol illegally.  Additionally, the use of
counterfeit equipment for the purpose of manufacturing false
identification documents for commercial sale to minors has become a
profitable industry.  The Senate Interim Committee on Juvenile Driving
While Intoxicated recommended stronger penalties for commercialized
license fraud as well as closing the current loophole that exists which
does not prohibit persons from selling, manufacturing, distributing or
possessing false out-of-state driver's licenses. C.S.S.B. 89 outlines
provisions and provides penalties relating to a counterfeit driver's
license, personal identification certificate, or other instrument. 

PURPOSE

As proposed, C.S.S.B. 89 outlines provisions and provides penalties
relating to a fictitious, forged, or counterfeit driver's license,
personal identification certificate, or other instrument. 

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 amending
Subsections (a), (b), and (d) and adding Subsection (g), to provide that a
person under the age of 21 years of age commits an offense if the person
possesses with the intent to represent the person is 21 years of age or
older, rather than sell, manufacture, or distribute, a document that is
deceptively similar to a driver's license or personal identification
certificate, rather than a driver's license or a personal identification
certificate issued by the Department of Public Safety (department) unless
the document displays a certain statement. Provides that for purposes of
this section, a document is deceptively similar to a driver's license or
personal identification certificate if a reasonable person assumes it was
issued by the department, another agency of this state, another state, or
the United States.   Provides that for purposes under this section, an
offense under Subsection (a) is a Class C misdemeanor.  Deletes text
providing an exception under which an offense under Subsection (a) is a
Class C misdemeanor. Defines "driver's license" and "personal
identification certificate." Makes a conforming change. 

SECTION 2. Amends Section 521.456, Transportation Code, as follows:

Sec. 521.456. DELIVERY OR MANUFACTURE OF COUNTERFEIT INSTRUMENT. Provides
that a person commits an offense if the person possesses with the intent
to sell, distribute or deliver a forged or counterfeit instrument that is
not printed, manufactured, or made by or under the direction of, or
issued, sold, or circulated by or under the direction of a person, board,
agency, or authority authorized to do so under this chapter or under the
laws of the United States, another state, or a Canadian province.
Provides that an offense under this subsection is a Class A misdemeanor.
Provides that a person commits an offense if the person manufactures or
produces with the intent to sell, distribute or deliver, rather than
prints, engraves, copies, photographs, makes, issues, sells, circulates or
passes, a  counterfeit instrument that the person knows is not printed by
an authority authorized to do so.  Provides that an offense under this
subsection is a third degree felony.  Deletes text regarding an offense
under this section.  Renumbers existing subsections. 

SECTION 3. Amends Section 37.01, Penal Code, to redefine "governmental
record." 

SECTION 4. Amends Section 37.10, Penal Code, by amending Subsection (d),
to make a conforming change. 

SECTION 5. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 6. Emergency clause.



SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 521.453, Transportation Code, by amending Subsections (a),
(b), and (d), and adding Subsection (g), regarding a document deceptively
similar to a counterfeit driver's license or personal identification
certificate. 

SECTION 2.

Amends Section 521.456, Transportation Code, to redefine the heading and
amend text regarding delivery or manufacture of a counterfeit instrument.
Deletes existing Subsections (c), (d), and (e), regarding an offense under
this section. 

SECTION 3.

Amends Section 37.01, Penal Code, to redefine "governmental record."

SECTION 4.

Amends Section 37.10, Penal Code, to make a conforming change.