BILL ANALYSIS
Senate Research Center H.B. 671
81R868 UM-F By: Darby et al. (Seliger)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
A nonprofit organization's primary objective is to support an issue or matter of private or public concern for noncommercial purposes. The organization may be involved in a large range of areas such as the arts, charities, education, politics, religion, or sports. Currently the penalty for theft from a nonprofit organization is not distinguished from the penalty for other types of theft, with the degree of punishment determined by the value of the stolen property. Theft from a nonprofit organization adversely affects the organization as funds for nonprofit organizations are donated or grant-based.
This bill increases the penalty for an offense of theft to the next higher category when the property is stolen from a nonprofit organization.
H.B. 671 amends current law relating to the penalty for theft from a nonprofit organization.
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 31.03(f), Penal Code, to provide that an offense described for purposes of punishment by Subsections (e)(1)-(6) (relating to penalties for an offense under this subsection) is increased to the next higher category of offense if it is shown on the trial of the offense that the owner of the property appropriated was at the time of the offense a nonprofit organization.
SECTION 2. Amends Section 31.03(h), Penal Code, by adding Subdivision (3), to define "nonprofit organization."
SECTION 3. Makes application of this Act prospective.
SECTION 4. Effective date: September 1, 2009.