HBA-DMD H.B. 319 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 319
By: Driver
Criminal Jurisprudence
2/18/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, possessing, selling, or offering to sell a governmental record
or blank governmental record can be prosecuted as a third degree felony
under Section 37.10, Penal Code (Tampering with Governmental Record).
Alternatively, forging, signing, filing or offering to file evidence of
financial responsibility can be prosecuted 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 specifies that forging, possessing, selling,
or offering to sell a governmental record that is evidence of financial
responsibility is a third degree felony under Section 37.10, Penal 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 37.10, Penal Code, by amending Subsection (c)
and adding Subsection (i), to provide that tampering with a governmental
record is a felony of the third degree, rather than a Class A misdemeanor,
if the governmental record is evidence of financial responsibility and the
defendant possesses, sells, or offers to sell the record with the intent
that it be used unlawfully or with the knowledge that it was obtained
unlawfully.  Defines "evidence of financial responsibility" with the
meaning assigned by Section 601.053, Transportation Code (Evidence of
Financial Responsibility). 

SECTION 2.  Repealer:  Sections 601.087 (Governmental Record; Unauthorized
Certificate or Form) and 601.196 (Evidence Forged or Signed Without
Authority; Offense), Transportation Code. 

SECTION 3.  Effective date:  September 1, 1999.
            Makes application of this Act prospective.

SECTION 4.  Emergency clause.