75R13131 KEL-F                           

         By Hamric                                             H.B. No. 3375

         Substitute the following for H.B. No. 3375:

         By Reyna of Bexar                                 C.S.H.B. No. 3375

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the creation of the offense of using false

 1-3     identification.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 38, Penal Code, is amended by adding

 1-6     Section 38.021 to read as follows:

 1-7           Sec. 38.021.  USING FALSE IDENTIFICATION.  (a)  In this

 1-8     section, "official identification" means a driver's license or

 1-9     identification card  issued by this state or another state of the

1-10     United States.

1-11           (b)  A person commits an offense if the person uses the

1-12     official identification of another to:

1-13                 (1)  commit or attempt to commit an offense;

1-14                 (2)  evade or attempt to evade detention or arrest for

1-15     any offense; or

1-16                 (3)  avoid or attempt to avoid prosecution, conviction,

1-17     or punishment for any offense.

1-18           (c)  An offense under this section is a:

1-19                 (1)  Class C misdemeanor if the defendant uses the

1-20     identification to commit or attempt to commit a misdemeanor under

1-21     Chapter 106, Alcoholic Beverage Code, evade or attempt to evade

1-22     detention or arrest for a misdemeanor under that chapter, or avoid

1-23     or attempt to avoid prosecution, conviction, or punishment for a

1-24     misdemeanor under that chapter;

 2-1                 (2)  Class B misdemeanor if the defendant uses the

 2-2     identification to commit or attempt to commit a misdemeanor other

 2-3     than a misdemeanor described by Subdivision (1), evade or attempt

 2-4     to evade detention or arrest for a misdemeanor other than a

 2-5     misdemeanor described by Subdivision (1), or avoid or attempt to

 2-6     avoid prosecution, conviction, or punishment for a misdemeanor

 2-7     other than a misdemeanor described by Subdivision (1); or

 2-8                 (3)  felony of the third degree if the defendant uses

 2-9     the identification to commit or attempt to commit a felony, evade

2-10     or attempt to evade detention or arrest for a felony, or avoid or

2-11     attempt to avoid prosecution, conviction, or punishment for a

2-12     felony.

2-13           SECTION 2.  This Act takes effect September 1, 1997.

2-14           SECTION 3.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended.