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 [ lawfully

arrested the person and ] requested the information from the person

and:

(1) has lawfully arrested the person;

(2) has lawfully detained the person; or

(3) has good cause to believe that the person is a

witness to a criminal offense .

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

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.