HBA-RBT H.B. 3404 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3404
By: Williams
Criminal Jurisprudence
4/30/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, making a false statement to obtain property or credit is a Class
A misdemeanor regardless of the value of the property or the amount of
credit that is extended.  H.B. 3404 restructures the punishment to match
that of the theft statute, based on the monetary value of the property. 

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 32.32(c), Penal Code, to provide that a false
statement to obtain property or credit is punishable as a Class C
misdemeanor if the value of the property is less than $50, as a Class B
misdemeanor if the value of the property is $50 or more but less than $500,
as a Class A misdemeanor if the value of the property is $500 or more but
less than $1,500, as a state jail felony if the value of the property is
$1,500 or more but less than $20,000, as a felony of the third degree if
the value of the property is $20,000 or more but less than $100,000, as a
felony of the second degree if the value of the property is $100,000 or
more but less than $200,000, as a felony of the first degree if the value
of the property is $200,000 or more. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.