H.B. 2146 78(R)    BILL ANALYSIS


H.B. 2146
By: Gattis
Criminal Jurisprudence
Committee Report (Unamended)


BACKGROUND 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 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, can create
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. 

For these reasons, the 77th Legislature enacted Senate Bill 1174, which
made any impairment or interruption of a public water supply a Class A
misdemeanor regardless of the amount of pecuniary loss to the public water
supplier. However, S.B. 1174 had the unintended effect of limiting the
punishment for an impairment or interruption of a public water supply
which caused a pecuniary loss of $1,500 or more, which otherwise would be
punishable as a felony based upon the amount of pecuniary loss. 

As proposed, House Bill 2146 would amend Section 28.03 of the Penal Code
to allow prosecution for an impairment or interruption of a public water
supply based upon the amount of pecuniary loss, with a minimum punishment
as a Class A misdemeanor for losses of less than $1,500.  This will bring
prosecutions for the impairment or interruption of a public water supply
into line with similar prosecutions for the impairment or interruption of
public communications, public transportation, public gas or power supply,
and other public services. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  Amends Section 28.03(b), Penal Code, to provide that it is a
Class A misdemeanor if the amount of the pecuniary loss is less than
$1,500 and 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. 

SECTION 2.  Amends Section 28.03(d), Penal Code, by defining the term
"public communications, public transportation, public water, gas, or power
supply, or other public service" to include any such services subject to
regulation by the Public Utility Commission of Texas, the Railroad
Commission of Texas, or the Texas Commission on Environmental Quality, or
enfranchised by the state or any political subdivision of the state.  

SECTION 3.  Effective date is September 1, 2003, and makes application of
this Act prospective. 

EFFECTIVE DATE

September 1, 2003.