HBA-NMO, PDH H.B. 635 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 635
By: Allen
Criminal Jurisprudence
7/6/99
Enrolled



BACKGROUND AND PURPOSE 

The 75th Texas Legislature enacted legislation giving parole and community
supervision officers the right to carry a weapon; however, Section 38.14
(which makes it a crime to knowingly take or attempt to take a weapon from
a peace officer), Penal Code, was not amended to include parole and
community supervision officers.  H.B. 635 provides that a person commits a
state jail felony if the person takes or attempts to take a weapon from a
parole officer or community supervision and corrections department officer
with the intent to harm the officer or a third person. 

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 38.14, Penal Code, as follows:

Sec. 38.14.  New title:  TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
OFFICER, PAROLE OFFICER, OR COMMUNITY SUPERVISION AND CORRECTIONS
DEPARTMENT OFFICER.  Adds "parole officer, or community supervision and
corrections department officer" to the existing title.  Includes a parole
officer or community supervision and corrections department officer as an
officer against whom a person commits an offense if a person intentionally
or knowingly and with force takes or attempts to take a weapon from an
officer with the intention of harming the officer or a third person.  Makes
conforming changes. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.