HBA-NMO H.B. 1771 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1771
By: Hawley
Criminal Jurisprudence
4/23/1999
Introduced


BACKGROUND AND PURPOSE 

Current law provides that a person commits a Class A misdemeanor if the
person commits criminal trespass while carrying a deadly weapon.  Because
potentially dangerous situations arise when armed trespassers are
confronted by owners or inhabitants of property, the law may need to
provide an increased penalty for this offense.   H.B. 1771 provides that a
person commits a state jail felony if the person commits criminal trespass
while carrying a deadly 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 Section 30.05(d), Penal Code, to provide that an offense
under this section (criminal trespass) is a state jail felony, rather than
a Class A misdemeanor, if the actor carries a deadly weapon on or about the
actor's person during the commission of the offense. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.