HBA-RBT H.B. 2231 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2231
By: Crabb
Criminal Jurisprudence
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

Prior to the 1993 revision of the Penal Code, burglary of a rail car was a
felony offense.  Under current law, burglary of a vehicle is a Class A
misdemeanor.  A rail car fits within the statutory definition of a vehicle.
Because rail cars carry very valuable loads, rail cars may be targets for
thieves.  Protecting rail cars from theft can be difficult, especially if
they are delayed on the tracks for any reason.  In addition, some rail cars
carry hazardous materials which could threaten community health and safety
if their security is compromised.  Other hazards such as loads shifting and
possible derailment could result from illegal entries into rail cars.  H.B.
2231 makes the offense of burglary of a rail car a state jail felony. 

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 30.04, Penal Code, to provide that under the
burglary of vehicles statute a container or trailer carried on a rail car
is a part of the rail car.  Increases the punishment for burglary of
vehicles from a Class A misdemeanor to a state jail felony if the vehicle
or part of the vehicle broken into or entered is a rail car. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.