SRC-PNG H.B. 152 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 152
76R229 KLA-DBy: Pickett (Shapleigh)
Criminal Justice
4/27/1999
Engrossed


DIGEST 

Currently, a person who marks with graffiti on certain types of buildings
commits a state jail felony offense.  However, the existing statute does
not specifically identify schools and institutions of higher education as
places covered by current graffiti laws.  This bill would specifically
include schools, whether public or private, and institutions of higher
education among the places on which marking with graffiti constitutes a
state jail felony under certain conditions. 

PURPOSE

As proposed, H.B. 152 specifically includes schools, whether public or
private, and institutions of higher education among the places on which
marking with graffiti constitutes a state jail felony under certain
conditions. 

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 28.08(d), Penal Code, to add a school and an
institution of higher education to the list of places where, if markings or
graffiti occur, the offense is considered to be a state jail felony.  Makes
conforming and nonsubstantive changes. 

SECTION 2. Amends Section 28.08(e), Penal Code, by adding Subdivisions (3)
and (4), to define "institution of higher education" and "school." 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.