80R10617 HLT-F
 
  By: Delisi H.B. No. 855
 
Substitute the following for H.B. No. 855:
 
  By:  Driver C.S.H.B. No. 855
 
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of the offense of failure to identify.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 38.02(a), Penal Code, is amended to read
as follows:
       (a)  A person commits an offense if the person [he]
intentionally refuses to give the person's [his] name, residence
address, or date of birth to a peace officer who has:
             (1)  lawfully arrested or lawfully detained the person; 
and
             (2)  requested the information.
       SECTION 2.  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 is committed before the effective date of
this Act if any element of the offense occurs before that date.
       SECTION 3.  This Act takes effect September 1, 2007.