HBA-KMH S.B. 70 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 70
By: Brown
Criminal Jurisprudence
3/27/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas limits the presentation of felony indictments relating to
certain violations of motor fuel taxation laws to three years from the date
of the commission of the offense.   S.B. 70 increases the statute of
limitations for certain motor fuel tax felonies from three years to seven
years, bringing these crimes in line with similar offenses which have a
seven-year statute of limitations.  This bill also clarifies that the
statute of limitations provided by Section 12.01, Code of Criminal
Procedure, applies separately to the offenses described in the section. 

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 Article 12.01, Code of Criminal Procedure, to increase
the statute of limitations for an offense described in Sections
153.403(20)-(33), Tax Code (Motor Fuel Taxes, Criminal Offenses) to seven
years, from three years.  Clarifies that the statute of limitations
provided by this section applies separately to the offenses described in
the section. 

SECTION 2.  Provides that the change in law made by this Act will not apply
to an offense if prosecution became barred by the statute of limitations
before the effective date of this Act. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.