HBA-AMW H.B. 31 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 31
By: McClendon
Criminal Jurisprudence
4/25/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

The 73rd Legislature decreased the penalty from a third degree felony to a
Class A misdemeanor for an offense of burglary of a vehicle.  In 1999,
91,992 vehicles were reported stolen in Texas.   In an effort to deter this
crime, House Bill 31 increases the penalty from a Class A misdemeanor to a
third degree felony for burglary of a vehicle and provides that it is a
second degree felony for a second or subsequent offense. 

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. 

ANALYSIS

House Bill 31 amends the Penal Code to increase the penalty from a Class A
misdemeanor to a third degree felony for a person who, without the
effective consent of the owner, breaks into or enters a vehicle or any part
of a vehicle with intent to commit any felony or theft, unless the person
has been previously convicted of this offense or the vehicle or part of the
vehicle broken into or entered is a rail car, in which event the penalty is
a second degree felony.  

EFFECTIVE DATE

September 1, 2001.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 decreases from a third degree felony to a state
jail felony the penalty for a person who, without the effective consent of
the owner, breaks into or enters a vehicle or any part of a vehicle with
intent to commit any felony or theft.  The amendment decreases from a
second degree felony to a third degree felony the penalty for a person who
has been previously convicted of this offense or who breaks into or enters
a rail car without the effective consent of the owner and with intent to
commit any felony or theft.