SRC-BWC H.B. 171 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 171
77R890 KEL-DBy: Lewis, Glenn (Nelson)
Criminal Justice
5/3/2001
Engrossed


DIGEST AND PURPOSE 

Currently, if an intentionally-set fire does not continue after explosion
or ignition and no damage is caused, Texas law states that no crime has
been committed. The burning of a place of worship is considered a
first-degree felony, and damages under $20,000 to places of worship or
human burial, public monuments, and community centers that provide medical,
social, or educational programs are considered a state jail felony.  H.B.
171 makes an attempt to destroy property by fire or explosion a
second-degree felony, regardless of the continuation of the fire. The bill
makes the burning of a place of assembly or habitation a first-degree
felony, and the destruction or damage to a public or private elementary
school, secondary school, or institute of higher education a state jail
felony if the property loss is less than $20,000.  H.B. 171 also describes
the method for determining pecuniary loss.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 28.02 (a) and (d), Penal Code, to provide that
a person commits an offense if the person starts a fire, regardless of
whether the fire continues after ignition, or attempts to start a fire or
cause an explosion, with intent to destroy or damage certain structures.
Makes nonsubstantive changes.  Provides that an offense under this section
is a first degree felony if the property intended to be damaged or
destroyed by the actor was a habitation or a place of assembly or worship. 

SECTION 2.  Amends Sections 28.03 (f) and (g), Penal Code, to provide that
an offense under this section is a state jail felony if the amount of the
pecuniary loss to real property or to tangible personal property is less
than $20,000 and the damage or destruction is inflicted on certain places,
including a public or private elementary school, secondary school, or
institution of higher education.  Deletes language referring to the amount
of pecuniary loss.  Defines "explosive weapon," "firearm," and "institution
of higher education."  Makes conforming changes. 

SECTION 3.  Amends Section 28.06, Penal Code, by adding Subsection (f), to
provide that if the damage or destruction is caused by a fire or explosion,
the amount of pecuniary loss is the amount ascertainable by using the
criteria set forth in Subsections (a) through (d) or, if the property is a
document with a readily ascertainable market value, by consulting the
market, plus any other reasonably foreseeable economic losses to the owner
of the property that result from the commission of an offense under this
section. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 2001.