HBA-ATS, DMD H.B. 319 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 319 By: Driver Criminal Jurisprudence 7/8/1999 Enrolled BACKGROUND AND PURPOSE Possessing, selling, or offering to sell a governmental record or blank governmental record is punishable as a third degree felony under Section 37.10 (Tampering with Governmental Record), Penal Code. Prior to the 76th Legislature, forging, signing, filing, or offering to file evidence of financial responsibility was punishable only as a misdemeanor under Sections 601.087 (Governmental Record; Unauthorized Certificate or Form) and 601.196 (Evidence Forged or Signed Without Authority; Offense), Transportation Code. H.B. 319 redefines "governmental record," creates new offenses, and repeals Sections 601.087 and 601.196, Transportation Code. 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 37.01(2), Penal Code, to include in the definition of "governmental record" a standard proof of motor vehicle liability insurance form described by Section 601.081 (Standard Proof of Motor Vehicle Liability Insurance Form), Transportation Code, a certificate of an insurance company described by Section 601.083 (Certificate of Motor Vehicle Liability Insurance), a document purporting to be such a form or certificate that is not issued by an insurer authorized to write motor vehicle liability insurance in this state, an electronic submission in a form described by Section 502.153(i) (Evidence of Financial Responsibility), or an evidence of financial responsibility described by Section 601.053 (Evidence of Financial Responsibility). SECTION 2. Amends Sections 37.10(c) and (d), Penal Code, as follows: (c) Creates Subdivisions (1) and (2) from existing Subsections (c) and (d), respectively. Provides an exception in new Subsection (d) to the operation of the general punishment instituted by Subsection (c) for an offense under Section 37.10 (Tampering With Governmental Record), Penal Code. Makes conforming changes. (d) Provides that an offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is a Class B misdemeanor if the offense is committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or using the record. Provides that an offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is a felony of the third degree if the offense is committed under Subsection (a)(1), (3), (4), or (6), or Subsection (a)(2) or (5) and the defendant is convicted of making the record. Provides that an offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is a felony of the second degree, notwithstanding Subdivisions (1) and (2), if the actor's intent in committing the offense was to defraud or harm another. SECTION 3. Amends Section 521.451, Transportation Code, as follows: (a) Creates this subsection from existing text. (b) Provides that an offense under this section (General Violation) is a Class B misdemeanor. SECTION 4. Repealer: Sections 601.087 (Governmental Record; Unauthorized Certificate or Form) and 601.196 (Evidence Forged or Signed Without Authority; Offense), Transportation Code. SECTION 5. Makes the repeal of Section 601.196, Transportation Code, prospective. SECTION 6. Makes application of Chapter 37, Penal Code, prospective. SECTION 7. Effective date: September 1, 1999. SECTION 8. Emergency clause.