79R1701 BDH-D

By:  Brown of Kaufman                                             H.B. No. 499



A BILL TO BE ENTITLED

AN ACT

relating to certain penalties imposed for the destruction of a 
mailbox or other address identifier.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 42, Code of Criminal Procedure, is 
amended by adding Article 42.020 to read as follows:
	Art. 42.020.  FINDING REGARDING DAMAGED OR DESTROYED 
PROPERTY. (a) In this section, "address identifier" means a 
mailbox, sign, 9-1-1 locator system, or other property designed to 
identify an address.
	(b)  In the trial of an offense under Section 28.03, Penal 
Code, if the judge determines that the property that is the subject 
of the offense was an address identifier, the judge shall make an 
affirmative finding of that fact and enter the affirmative finding 
in the judgment in the case.
	SECTION 2.  Subchapter O, Chapter 521, Transportation Code, 
is amended by adding Section 521.351 to read as follows:
	Sec. 521.351.  DAMAGING OR DESTROYING ADDRESS IDENTIFIER:  
AUTOMATIC SUSPENSION;  LICENSE DENIAL.  (a)  A person's driver's 
license is automatically suspended on final conviction of an 
offense under Section 28.03, Penal Code, if the judgment in the case 
contains an affirmative finding under Article 42.020, Code of 
Criminal Procedure.
	(b)  The department may not issue a driver's license to a 
person convicted of an offense specified in Subsection (a) who, on 
the date of the conviction, did not hold a driver's license.
	(c)  The period of suspension under this section is the 180 
days after the date of a final conviction, and the period of license 
denial is the 180 days after the date the person applies to the 
department for reinstatement or issuance of a driver's license, 
unless the person has previously been denied a license under this 
section or had a license suspended, in which event the period of 
suspension is one year after the date of a final conviction, and the 
period of license denial is one year after the date the person 
applies to the department for reinstatement or issuance of a 
driver's license.
	SECTION 3.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
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.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 4.  This Act takes effect September 1, 2005.