Relating to the creation of a commission to review and make recommendations regarding certain penal laws of this state and to certain criminal offenses previously compiled in statutes outside the Penal Code; increasing criminal penalties; imposing a civil penalty.
Impact
The proposed legislation would result in the establishment of a nine-member commission composed of appointees from various members of the Texas government including the governor, lieutenant governor, and judicial representatives. This commission will be tasked with evaluating existing penal laws outside the Penal Code and making informed recommendations to the legislature. One significant aspect of this bill is that it includes the evaluation of laws concerning criminal offenses, which could lead to the repeal or amendment of many existing statutes.
Summary
House Bill 2274 aims to establish a commission that will review and make recommendations on certain penal laws that are not currently codified within the Texas Penal Code. The bill arose from a legislative desire to streamline and clarify existing laws, specifically targeting those that may be unnecessary, unclear, or overly broad. This initiative addresses the recommendations of past commissions, notably from those created under previous legislative sessions, and seeks to ensure that the state's penal framework remains relevant and effective in serving justice.
Contention
There are potential points of contention surrounding HB 2274, particularly with its implications for the existing legal framework. Critics may argue that the repeal or amendment of certain laws could jeopardize public safety or lead to gaps in legal protections. Additionally, the authority of the commission to review and recommend changes may be viewed through a lens of political debate, with concerns that such reviews could be swayed by particular ideological viewpoints. The bill's impact would hinge not only on the commission's findings but also on how those findings translate into legislative action.
Texas Constitutional Statutes Affected
Tax Code
Chapter 155. Cigars And Tobacco Products Tax
Section: 208
Section: 213
Utilities Code
Chapter 15. Judicial Review, Enforcement, And Penalties
Section: 030
Chapter 105. Judicial Review; Enforcement And Penalties
Relating to the creation of a commission to review certain laws of this state that restrict the rights or activities of persons convicted of a felony offense and to make certain recommendations regarding those laws.
Relating to certain criminal conduct and organizations that threaten the security of this state and its residents and borders; increasing criminal penalties.
Relating to the designation of fentanyl poisoning for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.
Relating to the imposition of administrative, civil, and criminal penalties for violating certain statutes under the jurisdiction of, rules or orders adopted by, or licenses, permits, or certificates issued by the Railroad Commission of Texas; increasing criminal penalties.
Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.
Relating to the designation of fentanyl poisoning or fentanyl toxicity for purposes of the death certificate and to the criminal penalties for certain controlled substance offenses; increasing a criminal penalty.
Relating to regulating certain firearm transfers, possession of certain firearms, and protective orders prohibiting possession of a firearm; creating criminal offenses; increasing criminal penalties.