HBA-MPA H.B. 332 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 332
By: Walker
Criminal Jurisprudence
4/30/1999
Introduced



BACKGROUND AND PURPOSE 

Because of health regulations, when a food service establishment is broken
into, all the food on hand must be thrown out.  As a result, the financial
loss to the business owner may often be greater than in other burglaries.
H.B. 332 raises burglary in a food service establishment to a felony in the
third degree. 

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 Sections 30.02(b) and (c), Penal Code, as follows:

Sec. 30.02(b).  Creates a definition for "food service establishment"
Redesignates Subdivisions (1) and (2) to Paragraphs (A) and (B)
respectively.  Makes nonsubstantive changes. 

(c) Provides that a burglary committed in a food service establishment be
classified as a felony in the third degree.  Makes a nonsubstantive change. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.