BILL ANALYSIS
Senate Research Center H.B. 1466
81R8173 JSC-D By: Swinford (Seliger)
Veteran Affairs & Military Installations
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Over the past few years, there has been a disturbing trend in the disappearance of bronze and cast-iron grave markers from veterans' graves across the United States. In Texas, some of these grave markers are placed on the graves of soldiers who fought in World War I, World War II, the Korean War, the Vietnam War, and the Gulf Wars. The stolen markers are reappearing at military and gun show tables where they are sold for easy money. Currently, it is a state jail felony to vandalize a grave in Texas. However, some ambiguity has arisen as to whether it would be a state jail felony to steal a grave marker.
H.B. 1466 amends current law relating to the theft of a military grave marker.
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(e), Penal Code, to provide that, except as provided by Subsection (f) (relating to an offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense under certain conditions), an offense under this section is a state jail felony if, regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker.
SECTION 2. Effective date: upon passage or September 1, 2009.