78R861 KEL-D

By:  Ellis                                                        S.B. No. 227



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of certain offenses 
related to a false alarm or report or other form of hoax.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 42.06(b), Penal Code, is amended to read 
as follows:     
	(b)  An offense under this section is a state jail felony
[Class A misdemeanor] unless the false report is of an emergency 
involving a public primary or secondary school, public 
communications, public transportation, public water, gas, or power 
supply or other public service, in which event the offense is a 
[state jail] felony of the third degree.
	SECTION 2.  Section 46.01, Penal Code, is amended by adding 
Subdivision (17) to read as follows:
		(17)  "Hoax chemical dispensing device" means a device 
that:         
			(A)  reasonably appears to be a chemical 
dispensing device;  or     
			(B)  by its design causes alarm or reaction of any 
type by an official of a public safety agency or a volunteer agency 
organized to deal with emergencies.
	SECTION 3.  Section 46.08, Penal Code, is amended to read as 
follows:        
	Sec. 46.08.  HOAX BOMBS OR CHEMICAL DISPENSING DEVICES.  (a) 
A person commits an offense if the person knowingly manufactures, 
sells, purchases, transports, or possesses a hoax bomb or a hoax 
chemical dispensing device with intent to use the hoax bomb or 
device to:
		(1)  make another believe that the hoax bomb or device
is an explosive, [or] incendiary, or chemical dispensing device, as 
applicable; or
		(2)  cause alarm or reaction of any type by an official 
of a public safety agency or volunteer agency organized to deal with 
emergencies.
	(b)  An offense under this section is a state jail felony
[Class A misdemeanor].
	SECTION 4.  (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 that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2003.