HBA-MPM H.B. 751 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 751
By: Van de Putte
Criminal Jurisprudence
3/16/1999
Introduced



BACKGROUND AND PURPOSE 

During the 75th legislative session, comprehensive graffiti legislation was
passed (S.B. 758).  This legislation made graffiti an offense and provided
for consequences for engaging in conduct described as the offense.  This
legislation also regulated customer access to aerosol paint. 

H.B. 751 amends the Penal Code to add etching tools to a list of items with
which a person commits an offense if intentionally or knowingly making
markings on an owner's tangible 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 Sections 28.08(a) and (e), Penal Code, as follows:

(a)  Adds an etching or engraving device to the list of items with which a
person commits an offense, if the person intentionally or knowingly makes
markings, including inscriptions, slogans, drawings, or paintings on the
tangible property of the owner.  Makes conforming and nonsubstantive
changes. 

(e)  Defines "etching or engraving device" as a device that makes a
delineation or impression on tangible property, regardless of the
manufacturer's intended use for the device. Redesignates existing
Subdivision (2) to Subdivision (3).   

SECTION 2.  Effective date:  September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.