SRC-JJJ S.B. 743 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 743
76R229 KLA-DBy: Shapleigh
Criminal Justice
4/16/1999
As Filed


DIGEST 

Currently, Texas law provides that a graffiti offense is a state jail
felony if the marking is made on a place of worship or human burial, a
public monument, or certain community centers, and the amount of property
damage is less than $20,000.  The law does not specifically mention
schools, and in some jurisdictions questions have arisen as to whether
graffiti offenses involving markings on school buildings are subject to
punishment as a state jail felony.  S.B. 743 would establish the punishment
for certain offenses of graffiti. 

PURPOSE

As proposed, S.B. 743 establishes the punishment for 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 Section 28.08(d), Penal Code, to provide that an offense
under this section is a state jail felony if the marking is made on a
school and an institution of higher education.  Makes conforming changes. 

SECTION 2.  Amends Section 28.08(e), Penal Code, to define "institution of
higher education" and "school." 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.