78R7426 BDH-D

By:  Raymond                                                      H.B. No. 3493



A BILL TO BE ENTITLED

AN ACT

relating to the penalty for using information obtained from a 
public record to assist in the commission of an offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended 
by adding Section 12.491 to read as follows:
	Sec. 12.491.  PENALTY IF OFFENSE COMMITTED USING INFORMATION 
OBTAINED FROM A PUBLIC RECORD.  If it is shown on the trial of an 
offense other than a first degree felony or a Class A misdemeanor 
that the defendant used information obtained from a public record 
to assist in the commission of the offense, the punishment for the 
offense is increased to the punishment prescribed for the next 
highest category of offense.  If the offense is a Class A 
misdemeanor, the minimum term of confinement for the offense is 
increased to 180 days.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.