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  81R7109 HLT-D
 
  By: Patrick, Dan S.B. No. 1175
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of the offense of failure to identify.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 38.02(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if the person [he]
  intentionally refuses to give the person's [his] name, residence
  address, or date of birth to a peace officer who has:
               (1)  lawfully arrested or lawfully detained the person; 
  and
               (2)  requested the information.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.  
  An offense committed before the effective date of this Act is
  covered by the law in effect when the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense is committed before the effective date of
  this Act if any element of the offense occurs before that date.
         SECTION 3.  This Act takes effect September 1, 2009.