HBA-DMD H.B. 319 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 319 By: Driver Criminal Jurisprudence 2/18/1999 Introduced BACKGROUND AND PURPOSE 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 (Tampering with Governmental Record). Alternatively, forging, signing, filing or offering to file evidence of financial responsibility can be prosecuted only as a misdemeanor under Sections 601.087 (Governmental Record; Unauthorized Certificate or Form) and 601.196 (Evidence Forged or Signed Without Authority; Offense), 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. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 37.10, Penal Code, by amending Subsection (c) and adding Subsection (i), to provide that tampering with a governmental record is a felony of the third degree, rather than a Class A misdemeanor, if the governmental record is evidence of financial responsibility and the defendant possesses, sells, or offers to sell the record with the intent that it be used unlawfully or with the knowledge that it was obtained unlawfully. Defines "evidence of financial responsibility" with the meaning assigned by Section 601.053, Transportation Code (Evidence of Financial Responsibility). SECTION 2. Repealer: Sections 601.087 (Governmental Record; Unauthorized Certificate or Form) and 601.196 (Evidence Forged or Signed Without Authority; Offense), Transportation Code. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause.