HBA-KMH, KMH H.B. 740 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 740
By: Eiland
Criminal Jurisprudence
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the punishment level for theft of a motor vehicle valued between
$500 and $1,500 is a Class A misdemeanor; and for vehicles valued between
$1,500 and $20,00 the punishment level is a state jail felony.  H.B. 740
sets the punishment level for theft of any vehicle valued up to $100, 000
at a felony of 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 Section 31.03(e), Penal Code, by including a motor
vehicle, as defined by Section 501.002, Transportation Code, valued under
$100,000, in the list of property which if it is the object of the offense
of theft raises the penalty to a felony of the third degree.  Section
501.002 defines "motor vehicle" as any motor driven or propelled vehicle
required to be registered under the laws of this state including a trailer
or semitrailer, other than manufactured housing, that has a gross vehicle
weight that exceeds 4,000 pounds; a house trailer; a four-wheel all-terrain
vehicle designed by the manufacturer for off-highway use that is not
required to be registered under the laws of this state; or a motorcycle,
motor-driven cycle, or moped that is not required to be registered under
the laws of this state, other than a motorcycle, motor-driven cycle, or
moped designed for and used exclusively on a golf course.  Makes a
conforming change. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.