LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
86TH LEGISLATIVE REGULAR SESSION
 
May 14, 2019

TO:
Honorable Brian Birdwell, Chair, Senate Committee on Natural Resources & Economic Development
 
FROM:
John McGeady, Assistant Director     Sarah Keyton, Assistant Director
Legislative Budget Board
 
IN RE:
HB3557 by Paddie (Relating to civil and criminal liability for engaging in certain conduct involving a critical infrastructure facility; creating criminal offenses.), As Engrossed

The provisions of the bill addressing felony sanctions are the subject of this analysis.  The bill would amend the Government Code to create a criminal offense punishable as a third degree felony for a person who, without the effective consent of the owner, enters or remains on or in a critical infrastructure facility and intentionally or knowingly destroys the facility or impairs or interrupts the facility operations. If the person enters or remains on or in the facility with the intent to commit these actions, the offense is punishable as a state jail felony.

A third degree felony is punishable by confinement in prison for a term from 2 to 10 years and a state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felonies may be subject to an optional fine not to exceed $10,000. A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and, in addition to confinement, an optional fine not to exceed $4,000.

Creating a criminal offense is expected to result in additional demands upon the correctional resources of counties or of the State due to longer terms of supervision in the community or longer terms of confinement in state correctional institutions. The bill may have a negative population impact by increasing the number of people under felony community supervision or incarcerated within state correctional institutions. Whether the bill would result in a significant population impact is indeterminate due to the lack of information on the number of times a person committed these actions against a critical infrastructure facility as defined by the bill.  In fiscal year 2018, for misdemeanor offenses related to criminal trespass and criminal mischief, 11,488 people were arrested and 1,605 were placed on community supervision. Data do not exist that would allow for criminal conduct for the facility types addressed in the bill's provisions to be identified from all other cases.



Source Agencies:
LBB Staff:
WP, SPa, LM