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By:  Allen of Dallas, et al.                                      H.B. No. 1634
 
    (Senate Sponsor - Gallegos)                                              
	(In the Senate - Received from the House May 10, 2005; 
May 12, 2005, read first time and referred to Committee on Criminal 
Justice; May 20, 2005, reported favorably by the following vote:  
Yeas 4, Nays 0; May 20, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to arson and arson investigation; creating offenses.               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 28.02, Penal Code, is amended by 
amending Subsection (d) and adding Subsections (a-1) and (e) to 
read as follows:
	(a-1)  A person commits an offense if the person recklessly 
starts a fire or causes an explosion while manufacturing or 
attempting to manufacture a controlled substance and the fire or 
explosion damages any building, habitation, or vehicle.
	(d)  An offense under Subsection (a) [this section] is a 
felony of the second degree, except that the offense is a felony of 
the first degree if it is shown on the trial of the offense that:
		(1)  bodily injury or death was suffered by any person 
by reason of the commission of the offense; or
		(2)  the property intended to be damaged or destroyed 
by the actor was a habitation or a place of assembly or worship.
	(e)  An offense under Subsection (a-1) is a state jail 
felony, except that the offense is a felony of the third degree if 
it is shown on the trial of the offense that bodily injury or death 
was suffered by any person by reason of the commission of the 
offense.
	SECTION 2.  Section 352.021, Local Government Code, is 
amended by adding Subsection (a-1) to read as follows:
	(a-1)  A person commits an offense if the person is the owner 
of property subject to an investigation under Section 352.015 and 
the person refuses to be sworn, refuses to appear and testify, or 
fails and refuses to produce before the county fire marshal any 
book, paper, or other document relating to any matter under 
investigation if called on by the marshal to do so.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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