HBA-RBT H.B. 1265 76(R)
Page 1 of 1BILL ANALYSIS 

Office of House Bill Analysis
C.S.H.B. 1265 
By: McClendon
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)

BACKGROUND AND PURPOSE 

Dangerous chemicals and industrial by-products my be found in designated
superfund sites, and therefore such sites are dangerous areas.  C.S.H.B.
1265 increases the punishment for trespassing in a superfund site.  This
bill intends to deter individuals from trespassing on these sites. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 30.05(b), Penal Code, to define "superfund site"
as a facility that is on the National Priorities List established under
Section 105 of the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605) or the
state registry established under Section 361.181 (State Registry: Annual
Publication), Health and Safety Code. 

SECTION 2.  Amends Section 30.05(d), Penal Code, to provide that the
punishment for a violation of this section is increased from a Class B
misdemeanor to a Class A misdemeanor if the offense is committed on a
superfund site. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 by modifying proposed
Section 30.05(b)(5), Penal Code, to include a site listed in the state
registry established under Section 361.181 (State Registry: Annual
Publication), Health and Safety Code, in the definition of a "superfund
site."