LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
80TH LEGISLATIVE REGULAR SESSION
 
March 30, 2007

TO:
Honorable Harvey Hilderbran, Chair, House Committee on Culture, Recreation, & Tourism
 
FROM:
John S. O'Brien, Director, Legislative Budget Board
 
IN RE:
HB3502 by Hilderbran (Relating to the protection and preservation of caves in the State of Texas; providing penalties.), As Introduced

The bill would amend the Natural Resources Code by enhancing the punishment for defacing any part of a cave owned by the State of Texas unless the person possesses a valid permit.  The offense would be enhanced from a Class B misdemeanor to a Class A misdemeanor.  If the person has a previous conviction the offense would be enhanced to a state jail felony.  The bill would also enhance the punishment for the offense of vandalism from a Class A misdemeanor to a state jail felony, unless the person has previously been convicted of violating this section, in which case the person is guilty of a state jail felony.
 
A Class A Misdemeanor is punishable by confinement in a county jail for any term of not more than one year, or, in addition to confinement, a fine not to exceed $4,000.

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison.  However, the bill is not expected to have a significant impact on criminal justice populations.



Source Agencies:
LBB Staff:
JOB, GG