HBA-BSM, EDN H.B. 810 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 810
By: McReynolds
Criminal Jurisprudence
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the penalty for a bomb threat at a public school or
against certain public services is a state jail felony, and a bomb hoax
under such circumstances is a Class A misdemeanor.  A bomb threat or hoax
can cause school districts to incur needless costs, as well as potentially
endanger students and disrupt classroom learning.  A bomb threat or hoax
against a public service can disrupt service and cause public safety
resources to be wasted on a false emergency.  House Bill 810 increases the
penalty for making a false alarm at schools or against public services. 

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 810 amends the Penal Code to increase the penalty from a state
jail felony to a third degree felony for knowingly initiating,
communicating, or circulating a false report of a present, past, or future
bombing, fire, offense, or other emergency if the false report is of an
emergency involving a public primary or secondary school, public
communications, public transportation, public water, gas,  power supply, or
other public service.  H.B. 810 also increases the penalty from a Class A
misdemeanor to a third degree felony for knowingly manufacturing, selling,
purchasing, transporting, or possessing a hoax bomb with the intent to use
it to make another believe that the hoax bomb is an explosive or incendiary
device or to cause alarm or reaction of any type by an official of a public
safety agency or volunteer agency organized to deal with emergencies. 

EFFECTIVE DATE

September 1, 2001.