HBA-SEP H.B. 1919 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1919
By: Turner, Bob
Criminal Jurisprudence
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

Interruption, impairment, or diversion of public water can result in both
water supply contamination and revenue loss for the water supplier.  This
offense is difficult to prosecute because it is virtually impossible to
prove the amount of water diverted in order to estimate the amount of
pecuniary loss.  Making the amount of pecuniary loss irrelevant would make
prosecution of the offense more certain and possibly provide a more
effective deterrent.  House Bill 1919 provides that, regardless of the
amount of pecuniary loss, it is a felony of the third degree if an actor
causes impairment or interruption of public water, or causes to be diverted
in any manner any public water supply. 

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. 

ANALYSIS

House Bill 1919 amends the Penal Code to provide that, regardless of the
amount of pecuniary loss, it is a felony of the third degree if an actor
causes impairment or interruption of public water, or causes to be diverted
in any manner, including installation or removal of any device for any such
purpose, any public water supply. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.