HBA-CMT S.B. 1174 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1174
By: Wentworth
Criminal Jurisprudence
4/26/2001
Engrossed



BACKGROUND AND PURPOSE 

Interruption, impairment, or diversion of public water can result in both
water supply contamination and revenue loss for the water supplier.  This
offense is difficult to prosecute because it is virtually impossible to
prove the amount of water diverted in order to estimate the amount of
pecuniary loss.  Making the amount of pecuniary loss irrelevant would make
prosecution of the offense more certain and possibly provide a more
effective deterrent.  Senate Bill 1174 provides that regardless of the
amount of pecuniary loss it is a Class A misdemeanor if an actor causes
impairment or interruption of public water supplies or causes public water
supplies to be diverted in any manner. 

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

Senate Bill 1174 amends the Penal Code to provide that regardless of the
amount of pecuniary loss it is a Class A misdemeanor if an actor causes
impairment or interruption of public water supplies or causes public water
supplies to be diverted in any manner, including installation or removal of
any device for any such purpose. 

EFFECTIVE DATE

September 1, 2001.