AN ACT

 1-1     relating to prosecution of the offense of tampering with or

 1-2     fabricating physical evidence and to the reporting of the existence

 1-3     of certain physical evidence; creating an offense.

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

 1-5           SECTION 1.  Section 37.09, Penal Code, is amended by amending

 1-6     Subsection (c) and adding Subsection (d) to read as follows:

 1-7           (c)  An offense under Subsection (a) or Subsection (d)(1)

 1-8     [this section] is a felony of the third degree.  An offense under

 1-9     Subsection (d)(2) is a Class A misdemeanor.

1-10           (d)  A person commits an offense if the person:

1-11                 (1)  knowing that an offense has been committed,

1-12     alters, destroys, or conceals any record, document, or thing with

1-13     intent to impair its verity, legibility, or availability as

1-14     evidence in any subsequent investigation of or official proceeding

1-15     related to the offense; or

1-16                 (2)  observes human remains under circumstances in

1-17     which a reasonable person would believe that an offense had been

1-18     committed, knows or reasonably should know that a law enforcement

1-19     agency is not aware of the existence of or location of the remains,

1-20     and fails to report the existence of and location of the remains to

1-21     a law enforcement agency.

1-22           SECTION 2.  (a)  The change in law made by this Act applies

1-23     only to an offense committed on or after the effective date of this

 2-1     Act.  For purposes of this section, an offense is committed before

 2-2     the effective date of this Act if any element of the offense occurs

 2-3     before the effective date.

 2-4           (b)  An offense committed before the effective date of this

 2-5     Act is covered by the law in effect when the offense was committed,

 2-6     and the former law is continued in effect for that purpose.

 2-7           SECTION 3.  This Act takes effect September 1, 1997.

 2-8           SECTION 4.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 160 passed the Senate on

         March 3, 1997, by a viva-voce vote; and that the Senate concurred

         in House amendment on May 28, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 160 passed the House, with

         amendment, on May 25, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor