BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 239

80R2491 ABC-F                                                                                                            By: Gallegos

                                                                                                                                   Criminal Justice

                                                                                                                                            4/14/2007

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

State and local public health officials carry out a variety of public duties required and authorized by state law.  These duties involve entering private businesses, homes, and property in order to conduct inspections and assessments, respond to citizen complaints, issue penalties, carry out disease control, and abate nuisances. These professionals sometimes face hostile and dangerous situations when performing their duties, yet current law does not provide any sort of prohibition on interfering with these officials. 

 

As proposed, S.B. 239 provides legal recourse in situations where citizens interfere with the duties of certain state and local officials by making such interference an offense of law.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 38.15(a), Penal Code, to provide that a person commits an offense if the person interrupts, disrupts, impedes, or otherwise interferes with the duties or authority of a person responsible for assessing, enacting, or enforcing public health, environmental, or safety measures under certain chapters of the Health and Safety Code and the Water Code.  Makes a nonsubstantive change.

 

SECTION 2.  Makes application this Act prospective.

 

SECTION 3.  Effective date: September 1, 2007.