HBA-KMH H.B. 853 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 853
By: Hamric
Criminal Jurisprudence
4/15/1999
Introduced



BACKGROUND AND PURPOSE 

Current law addresses instances where a person intentionally refuses to
give proper identification to a peace officer who has lawfully arrested the
person, and where a person intentionally gives a false or fictitious name,
it does not address instances where a person intentionally uses the
official identification of another to give a false name.  This practice may
lead to the detention or arrest of innocent private citizens and hinders
law enforcement officials from efficiently performing their duties.  H.B.
853 makes it an offense to use the official identification of another for
an illegal purpose. 

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 Chapter 38, Penal Code, by adding Section 38.021, as
follows: 

Sec.  38.021.  USING FALSE IDENTIFICATION.  Defines "official
identification" as a driver's license or identification card issued by this
state or another state of the United States. Provides that a person commits
an offense if the person uses the official identification of another to
commit or attempt to commit an offense; evade or attempt to evade detention
or arrest for  any offense; or, avoid or attempt to avoid prosecution,
conviction, or punishment for any offense.  Provides that it is Class C
misdemeanor if the operative offense is a misdemeanor under Chapter 106
(Provisions Relating to Age), Alcoholic Beverage Code, a Class B
misdemeanor if the operative offense is any other misdemeanor, and a felony
of the third degree if the operative offense is a felony. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.