SRC-DBM H.B. 751 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 751
76R228  KEL-DBy: Van de Putte (West)
Criminal Justice
5/7/1999
Engrossed


DIGEST 

Currently, the law states that graffiti is an offense; provides
consequences for engaging in conduct described as an offense; and regulates
customers' access to aerosol paint. H.B. 751 would set forth provisions for
the prosecution of the offense of graffiti. 

PURPOSE

As proposed, H.B. 751 sets forth provisions for the prosecution of the
offense of graffiti. 

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 Sections 28.08(a) and (e), Penal Code, to provide that a
person commits an offense if, without the effective consent of the owner,
the person intentionally or knowingly makes certain markings on the
tangible property of the owner with certain aerosol paint or marking
devices. Defines "etching or engraving device."  Makes conforming changes. 

SECTION 2.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 3.Emergency clause.