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."