SRC-BWC C.S.S.B. 103 77(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 103
77R11917 KEL-DBy: Nelson
Criminal Justice
4/12/2001
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.  C.S.S.B. 103 makes an attempt to destroy property by fire
or explosion a second-degree felony, regardless of the continuation of the
fire. 
  
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.  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 Section 28.03 (g), Penal Code, to defines "explosive
weapon" and redefines "firearm."  

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from As Filed version by deleting proposed text
regarding the attempt to start a fire.   

SECTION 2.  Differs from As Filed version by deleting proposed Subsection
(f), and deleting the definition of "Institution of higher education." 

SECTION 3.  Deletes proposed SECTION 3 and renumbers proposed SECTION 4 as
SECTION 3.   

SECTION 4.  Renumbers proposed SECTION 5 as SECTION 4 regarding the
effective date.