HBA-NMO H.B. 2098 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2098
By: Uresti
Criminal Jurisprudence
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides that burglary committed in a building other than a
habitation is punishable as a state jail felony.  Increasing the punishment
of this offense to a felony of the third degree would require offenders to
pay restitution to property owners and would increase jail time to more
than two years.  H.B. 2098  provides that the offense of burglary committed
in a building other than a habitation is a felony of third degree, rather
than a state jail felony.   

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 30.02(c), Penal Code, to provide that the
offense of burglary committed in a building other than a habitation is a
felony of third degree, rather than a state jail felony. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.