By Hamric                                              H.B. No. 853
         76R344 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the offense of using false
 1-3     identification.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 38, Penal Code, is amended by adding
 1-6     Section 38.021 to read as follows:
 1-7           Sec. 38.021.  USING FALSE IDENTIFICATION.  (a)  In this
 1-8     section, "official identification" means a driver's license or
 1-9     identification card  issued by this state or another state of the
1-10     United States.
1-11           (b)  A person commits an offense if the person uses the
1-12     official identification of another to:
1-13                 (1)  commit or attempt to commit an offense;
1-14                 (2)  evade or attempt to evade detention or arrest for
1-15     any offense; or
1-16                 (3)  avoid or attempt to avoid prosecution, conviction,
1-17     or punishment for any offense.
1-18           (c)  An offense under this section is a:
1-19                 (1)  Class C misdemeanor if the defendant uses the
1-20     identification to commit or attempt to commit a misdemeanor under
1-21     Chapter 106, Alcoholic Beverage Code, evade or attempt to evade
1-22     detention or arrest for a misdemeanor under that chapter, or avoid
1-23     or attempt to avoid prosecution, conviction, or punishment for a
1-24     misdemeanor under that chapter;
 2-1                 (2)  Class B misdemeanor if the defendant uses the
 2-2     identification to commit or attempt to commit a misdemeanor other
 2-3     than a misdemeanor described by Subdivision (1), evade or attempt
 2-4     to evade detention or arrest for a misdemeanor other than a
 2-5     misdemeanor described by Subdivision (1), or avoid or attempt to
 2-6     avoid prosecution, conviction, or punishment for a misdemeanor
 2-7     other than a misdemeanor described by Subdivision (1); or
 2-8                 (3)  felony of the third degree if the defendant uses
 2-9     the identification to commit or attempt to commit a felony, evade
2-10     or attempt to evade detention or arrest for a felony, or avoid or
2-11     attempt to avoid prosecution, conviction, or punishment for a
2-12     felony.
2-13           SECTION 2.  This Act takes effect September 1, 1999.
2-14           SECTION 3.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.