SRC-JJJ H.B. 319 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 319
By: Driver (Cain)
Economic Development
5/13/1999
Engrossed


DIGEST 

Currently, possessing, selling, or offering to sell a governmental record
or blank governmental record can be prosecuted as a third degree felony
under Section 37.10, Penal Code.  Alternatively, forging, signing, filing
or offering to file evidence of financial responsibility can be prosecuted
only as a misdemeanor under Sections 601.087 and 601.196, Transportation
Code. H.B. 319 specifies that forging, possessing, selling, or offering to
sell a governmental record that is evidence of financial responsibility is
a third degree felony under Section 37.10, Penal Code.  

PURPOSE

As proposed, H.B. 319 establishes the penalties for tampering with certain
governmental records.  

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 37.01(2), Penal Code, to redefine "government
record." 

SECTION 2.  Amends Sections 37.10(c) and (d), Penal Code, to set forth
certain penalties for an offense under this section, if it is shown on the
trial of the offense that the governmental record is described by Section
37.01(2)(D).  Makes a conforming change. 

SECTION 3.  Amends Section 521.451, Transportation Code, to provide that an
offense under this section is a Class B misdemeanor. 

SECTION 4.  Repealer:  Sections 601.087 and 601.196, Transportation Code
(regarding government record, unauthorized certificate or form and evidence
forged or signed without authority). 

SECTION 5.   (a)  Provides that the repeal by this Act of Section 601.196,
Transportation Code, does not apply to an offense committed under that
section before the effective date of the repeal. Establishes that for
purposes of this section, an offense is committed before the effective date
of the repeal if any element of the offenses occurs before that date.  

(b)  Provides that an offense under Chapter 37, Penal Code, committed
before the effective date of this Act is covered by the law in effect when
the offense was committed, and the former law is continued in effect for
that purpose. 

SECTION 6.  Makes application of SECTIONS 1 and 2 of this Act prospective.

SECTION 7.  Effective date: September 1, 1999.

SECTION 8.  Emergency clause.