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


Senate Research CenterC.S.H.B. 171
77R15340 KEL-DBy: Lewis, Glenn (Nelson)
Criminal Justice
5/9/2001
Committee Report (Substituted)


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.
C.S.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 $1,500 or more but less than $20,000. 

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 causes an explosion with
intent to destroy or damage certain structures.  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, 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 $1500 or more but
less than $20,000 and the damage or destruction is inflicted on a public or
private elementary school, secondary school, or institution of higher
education.  Defines "explosive weapon" and  "institution of higher
education."  Makes conforming changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 2001.