HBA-MPM H.B. 751 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 751 By: Van de Putte Criminal Jurisprudence 3/16/1999 Introduced BACKGROUND AND PURPOSE During the 75th legislative session, comprehensive graffiti legislation was passed (S.B. 758). This legislation made graffiti an offense and provided for consequences for engaging in conduct described as the offense. This legislation also regulated customer access to aerosol paint. H.B. 751 amends the Penal Code to add etching tools to a list of items with which a person commits an offense if intentionally or knowingly making markings on an owner's tangible property. 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 Sections 28.08(a) and (e), Penal Code, as follows: (a) Adds an etching or engraving device to the list of items with which a person commits an offense, if the person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings on the tangible property of the owner. Makes conforming and nonsubstantive changes. (e) Defines "etching or engraving device" as a device that makes a delineation or impression on tangible property, regardless of the manufacturer's intended use for the device. Redesignates existing Subdivision (2) to Subdivision (3). SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.