HBA-KMH H.B. 2486 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2486
By: Uresti
Criminal Jurisprudence
4/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a person is caught driving a stolen vehicle can be charged with
unauthorized use of a motor vehicle which is a state jail felony.  If the
offender is not caught driving the vehicle the penalty is determined solely
by the value of the vehicle, therefore if the vehicle had a low resale
value the penalty could be lower.  The theft of property valued at more
than $500 but less than $1,500 is a Class A misdemeanor.  The value of a
vehicle to a person exceeds the resale value if it is the person's sole
means of transportation to and from work. 

H.B. 2486 increases the penalty for theft of a motor vehicle to a state
jail felony if the value of the vehicle is less that $1,500. 

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 31.03(e), Penal Code, to provide that theft of a
motor vehicle, as defined by Section 501.002 (), Transportation Code, with
a value of less than $1,500 is a state jail felony.  Makes a conforming
change. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.