HBA-RBT H.B. 1688 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1688
By: Lewis, Glenn
Criminal Jurisprudence
4/21/1999
Introduced



BACKGROUND AND PURPOSE 

H.B. 1688 adds enforcement authority to current statutes for a person who
attempts to start a fire at a habitation or place of assembly; provides for
pecuniary loss to real property or tangible personal property less than
$20,000 in schools and institutions of higher learning; and expands the
definition of explosive weapon. 
 
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 28.02(a) and (d), Penal Code, to specify that a
person commits arson if the person starts a fire, regardless of whether the
fire continues after ignition.  Includes an attempt to start a fire or
cause an explosion within the elements of arson.  Increases the penalty for
arson from a felony of the second degree, to a felony of the first degree
if the person know the property intended to be damaged or destroyed was a
habitation or a place of assembly.  Makes conforming and nonsubstantive
changes. 

SECTION 2.  Amends Sections 28.03(f) and (g), Penal Code to make arson a
state jail felony if the amount of the pecuniary loss to real property or
to tangible personal property is less than $20,000 and the damage is
inflicted on a public or private elementary school, secondary school, or
institution of higher education.  Defines "explosive weapon," "firearm,"
and "institution of higher education." 

SECTION 3.  Amends Section 28.06, Penal Code, by adding Subsection (f), to
set forth the method of calculating the amount of pecuniary damage in an
arson case. 

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date: September 1, 1999.

SECTION 6.  Emergency clause.