HBA-NMO, RAR, BTC H.B. 152 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 152
By: Pickett
Criminal Jurisprudence
7/6/99
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the Penal Code did not specifically identify
schools and institutions of higher education among the places on which
marking with graffiti may constitute a state jail felony. H.B. 152
specifically includes schools, whether public or private, and institutions
of higher education among the places on which marking with graffiti may
constitute a state jail felony.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not delegate  any additional rulemaking authority to a state officer,
department, agency, or institution. 

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 of
graffiti occur, the offense is considered to be a state jail felony.
Creates Subdivisions (1) and (2) from existing text.  Makes nonsubstantive
changes.   

SECTION 2. Amends Section 28.08(e), Penal Code, by adding Subdivisions (3)
and (4) to define an "institution of higher education" as any public or
private technical institute, junior college, senior college or university,
medical or dental unit, or other agency of higher education as defined by
Section 61.003, Education Code and "school" as a private or public
elementary or secondary school.  
SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date:  September 1, 1999.

SECTION 5.  Emergency clause.