SRC-BWC S.B. 1174 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1174
77R7475 JMC-FBy: Wentworth
Criminal Justice
3/21/2001
As Filed


DIGEST AND PURPOSE 

Water supply issues in Texas are significant, especially in the smaller
towns and rural communities of Texas.  In time of drought, rural water
supply corporations, small towns, and remote districts can be especially
plagued by illegal connections and tampering with meters by individuals
illicitly diverting water, which may often be in short supply, and which
can represent significant revenue losses for small public water suppliers.
More importantly, the unsupervised connection to public water distribution
lines, in circumvention of state health and safety regulations, creates a
risk of contamination of the public water supply.  These illegal diversions
can be difficult to prosecute, in part because it can be virtually
impossible to prove a dollar amount for prosecution by the district or
county attorney.  As proposed, S.B. 1174 makes any impairment or
interruption of a public water supply a third degree felony regardless of
the amount of pecuniary loss to the public water supplier.   

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 28.03(b) and (d), Penal Code, to provide that,
except as provided by Subsection (f), an offense under this section is a
third degree felony if the actor causes in whole or in part impairment or
interruption of any public water supply, or causes to be diverted in whole,
in part, or in any manner, including installation or removal of any device
for any such purpose, any public water supply, regardless of the amount of
the pecuniary loss.  Defines "public water supply." 

SECTION 2.  Effective date: September 1, 2001.
                       Makes application of this Act prospective.