HBA-RBT C.S.H.B. 2231 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2231
By: Crabb
Criminal Jurisprudence
4/26/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Prior to the 1993 revision of the Penal Code, burglary of a rail car was a
felony offense.  Under current law, burglary of a vehicle is a Class A
misdemeanor.  A rail car fits within the statutory definition of a vehicle.
Because rail cars carry valuable loads, rail cars may be targets for
thieves. Protecting rail cars from theft can be difficult, especially if
they are delayed on the tracks for any reason.  In addition, some rail cars
carry hazardous materials which could threaten community health and safety
if their security is compromised.  C.S.H.B. 2231 makes the offense of
burglary of a rail car 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 30.04, Penal Code, to provide that a container
or trailer carried on a rail car is a part of the rail car, under this
section (Burglary of Vehicles).  Provides that a person commits a state
jail felony if the vehicle or part of the vehicle broken into or entered is
a rail car. Provides that it is a defense to prosecution under this section
that the actor entered a rail car or any part of a rail car and was at that
time an employee or a representative of employees exercising a right under
the Railway Labor Act (45 U.S.C. Section 151 et seq.). 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 (Section 30.04, Penal
Code) by adding Subsection (e) to provide that it is a defense to
prosecution under this section (Burglary of Vehicles) that the actor
entered a rail car or any part of a rail car and was at that time an
employee or a representative of employees exercising a right under the
Railway Labor Act (45 U.S.C. Section 151 et seq.).