HBA-NMO H.B. 2116 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2116
By: Coleman
Criminal Jurisprudence
4/10/1999
Introduced



BACKGROUND AND PURPOSE 

Current law provides that a person commits a Class C misdemeanor for
certain disorderly conduct and public intoxication offenses.  These crimes
are often committed by repeat offenders in the downtown areas of cities.
Certain Texas cites are revitalizing their downtown areas, attracting new
businesses, entertainment venues, and residents.  These cities may need
more effective tools to ensure the security of downtown visitors and
residents.  H.B. 2116 provides criminal penalties for repeat and habitual
disorderly conduct and public intoxication offenders. 

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 12.43, Penal Code, to require that a defendant,
if it is shown on trial of an offense punishable as a Class C misdemeanor
under Section 42.01 (Disorderly Conduct) or 49.02 (Public Intoxication)
that the defendant has been before convicted three times under either
section or any combination of the sections and each prior offense was
committed within the preceding 12 months of the offense on trial, to be
punished by a fine not to exceed $2,000, confinement in jail for a term not
to exceed 180 days, or both.  Makes a conforming change. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.