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.