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


Office of House Bill AnalysisH.B. 152
By: Pickett

2/8/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a person who marks with graffiti 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.  H.B. 152 specifically includes
schools, whether public or private, and  institutions of higher education
among the places on which marking with graffiti might 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.