HBA-CMT, SEP C.S.H.B. 1919 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1919
By: Turner, Bob
Criminal Jurisprudence
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Interruption, impairment, or diversion of public water can result in both
water supply contamination and revenue loss for the water supplier.  This
offense is difficult to prosecute because it is virtually impossible to
prove the amount of water diverted in order to estimate the amount of
pecuniary loss.  Making the amount of pecuniary loss irrelevant would make
prosecution of the offense more certain and possibly provide a more
effective deterrent.  C.S.H.B. 1919 provides that regardless of the amount
of pecuniary loss it is a Class A misdemeanor if an actor causes impairment
or interruption of public water supplies or causes public water supplies to
be diverted in any manner. 

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. 

ANALYSIS

C.S.H.B. 1919 amends the Penal Code to provide that regardless of the
amount of pecuniary loss it is a Class A misdemeanor if an actor causes
impairment or interruption of public water supplies or causes public water
supplies to be diverted in any manner, including installation or removal of
any device for any such purpose. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1919 modifies the original bill by removing references to "public
water" and replaces it with "public water supply."  The substitute
decreases the punishment from a felony of the third degree to a Class A
misdemeanor for causing impairment or interruption of public water
supplies, or causing public water supplies to be diverted in any manner
including installation or removal of any device for any such purpose. The
substitute conforms to Texas Legislative Council style and format.  The
substitute changes the effective date of the bill from on passage to
September 1, 2001.