By Gray H.B. No. 1494
75R2478 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of and the penalty for the offense of
1-3 tampering with identification numbers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.11, Penal Code, is amended by amending
1-6 Subsections (b) and (d), redesignating Subsection (e) as Subsection
1-7 (f), and adding a new Subsection (e) to read as follows:
1-8 (b) It is an affirmative defense to prosecution under this
1-9 section that the person was:
1-10 (1) the owner or acting with the effective consent of
1-11 the owner of the property involved, and the item of property is not
1-12 property described by Subsection (e);
1-13 (2) a peace officer acting in the actual discharge of
1-14 official duties; or
1-15 (3) acting with respect to a number assigned to a
1-16 vehicle by the Texas Department of Transportation and the person
1-17 was:
1-18 (A) in the actual discharge of official duties
1-19 as an employee or agent of the department; or
1-20 (B) in full compliance with the rules of the
1-21 department as an applicant for an assigned number approved by the
1-22 department.
1-23 (d) Except as provided by Subsection (e), an [An] offense
1-24 under this section is a Class A misdemeanor.
2-1 (e) An offense under this section is a state jail felony if
2-2 the item of property involved is:
2-3 (1) a vehicle or part of a vehicle;
2-4 (2) an aircraft, boat, or part of an aircraft or boat;
2-5 or
2-6 (3) a firearm or part of a firearm.
2-7 (f) [(e)] In this section:
2-8 (1) "Firearm" has the meaning assigned that term by
2-9 Section 46.01.
2-10 (2) "Vehicle" [, "vehicle"] has the meaning assigned
2-11 that term [given] by Section 541.201, Transportation Code, and
2-12 includes a tractor, farm implement, unit of special mobile
2-13 equipment, or unit of off-road construction equipment that is not
2-14 subject to Chapter 501, Transportation Code [Section 2, Uniform Act
2-15 Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil
2-16 Statutes)].
2-17 SECTION 2. This Act takes effect September 1, 1997. The
2-18 change in law made by this Act applies only to an offense committed
2-19 on or after the effective date of this Act. An offense committed
2-20 before the effective date of this Act is covered by the law in
2-21 effect when the offense was committed, and the former law is
2-22 continued in effect for that purpose. For purposes of this
2-23 section, an offense was committed before the effective date of this
2-24 Act if any element of the offense occurred before that date.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.