LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 79TH LEGISLATIVE REGULAR SESSION

February 21, 2005

TO:	Honorable Terry Keel, Chair, House Committee on Criminal Jurisprudence
FROM:	John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:	HB126 by Berman (Relating to the penalty for tampering with a governmental record required for enrollment in a public school.), As Introduced

No fiscal implication to the State is anticipated.

The bill would amend the Penal Code by making it a Class B misdemeanor offense to tamper with a governmental record that is required for enrollment of a student in a school district and was used by the actor to establish the residency of the student. The bill would take effect immediately if it receives the required two-thirds vote in both houses; otherwise, it would take effect September 1, 2005 and would apply only to an offense committed on or after the effective date.

Under current statute, an offense of tampering with a governmental record that is a public school record is a third degree felony. The proposed addition to statute would specify that if the record relates to establishing a student's residency related to enrollment in a school district it would be a lesser offense than tampering with other school-related government documents.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 701 Central Education Agency

LBB Staff:

JOB, KJG, DLBa