Texas 2009 - 81st Regular

Texas House Bill HB1532 Compare Versions

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1	1	81R106 UM-D
2	2	By: Bolton H.B. No. 1532
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment for theft of copper or brass material.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 31.03(e) and (h), Penal Code, are
10	10	amended to read as follows:
11	11	(e) Except as provided by Subsection (f), an offense under
12	12	this section is:
13	13	(1) a Class C misdemeanor if the value of the property
14	14	stolen is less than:
15	15	(A) $50; or
16	16	(B) $20 and the defendant obtained the property
17	17	by issuing or passing a check or similar sight order in a manner
18	18	described by Section 31.06;
19	19	(2) a Class B misdemeanor if:
20	20	(A) the value of the property stolen is:
21	21	(i) $50 or more but less than $500; or
22	22	(ii) $20 or more but less than $500 and the
23	23	defendant obtained the property by issuing or passing a check or
24	24	similar sight order in a manner described by Section 31.06; or
25	25	(B) the value of the property stolen is less
26	26	than:
27	27	(i) $50 and the defendant has previously
28	28	been convicted of any grade of theft; or
29	29	(ii) $20, the defendant has previously been
30	30	convicted of any grade of theft, and the defendant obtained the
31	31	property by issuing or passing a check or similar sight order in a
32	32	manner described by Section 31.06;
33	33	(3) a Class A misdemeanor if the value of the property
34	34	stolen is $500 or more but less than $1,500;
35	35	(4) a state jail felony if:
36	36	(A) the value of the property stolen is $1,500 or
37	37	more but less than $20,000, or the property is less than 10 head of
38	38	cattle, horses, or exotic livestock or exotic fowl as defined by
39	39	Section 142.001, Agriculture Code, or any part thereof under the
40	40	value of $20,000, or less than 100 head of sheep, swine, or goats or
41	41	any part thereof under the value of $20,000;
42	42	(B) regardless of value, the property is stolen
43	43	from the person of another or from a human corpse or grave;
44	44	(C) the property stolen is a firearm, as defined
45	45	by Section 46.01;
46	46	(D) the value of the property stolen is less than
47	47	$1,500 and the defendant has been previously convicted two or more
48	48	times of any grade of theft;
49	49	(E) the property stolen is an official ballot or
50	50	official carrier envelope for an election; or
51	51	(F) the value of the property stolen is less than
52	52	$20,000 and the property stolen is copper or brass material or is
53	53	insulated or noninsulated wire or cable that consists of at least 50
54	54	percent:
55	55	(i) aluminum;
56	56	(ii) bronze; or
57	57	(iii) copper;
58	58	(5) a felony of the third degree if the value of the
59	59	property stolen is $20,000 or more but less than $100,000, or the
60	60	property is:
61	61	(A) 10 or more head of cattle, horses, or exotic
62	62	livestock or exotic fowl as defined by Section 142.001, Agriculture
63	63	Code, stolen during a single transaction and having an aggregate
64	64	value of less than $100,000; or
65	65	(B) 100 or more head of sheep, swine, or goats
66	66	stolen during a single transaction and having an aggregate value of
67	67	less than $100,000;
68	68	(6) a felony of the second degree if the value of the
69	69	property stolen is $100,000 or more but less than $200,000; or
70	70	(7) a felony of the first degree if the value of the
71	71	property stolen is $200,000 or more.
72	72	(h) In this section:
73	73	(1) "Copper or brass material" means:
74	74	(A) insulated or noninsulated copper wire or
75	75	cable that is of the type used by a public utility or common carrier
76	76	and that contains copper or an alloy of copper or zinc;
77	77	(B) a copper or brass item of a type commonly used
78	78	in construction or by a public utility; or
79	79	(C) copper pipe or copper tubing.
80	80	(2) "Restricted-use pesticide" means a pesticide
81	81	classified as a restricted-use pesticide by the administrator of
82	82	the Environmental Protection Agency under 7 U.S.C. Section 136a, as
83	83	that law existed on January 1, 1995, and containing an active
84	84	ingredient listed in the federal regulations adopted under that law
85	85	(40 C.F.R. Section 152.175) and in effect on that date.
86	86	(3) [(2)] "State-limited-use pesticide" means a
87	87	pesticide classified as a state-limited-use pesticide by the
88	88	Department of Agriculture under Section 76.003, Agriculture Code,
89	89	as that section existed on January 1, 1995, and containing an active
90	90	ingredient listed in the rules adopted under that section (4 TAC
91	91	Section 7.24) as that section existed on that date.
92	92	SECTION 2. The change in law made by this Act applies only
93	93	to an offense committed on or after the effective date of this Act.
94	94	An offense committed before the effective date of this Act is
95	95	governed by the law in effect when the offense was committed, and
96	96	the former law is continued in effect for that purpose. For the
97	97	purposes of this section, an offense is committed before the
98	98	effective date of this Act if any element of the offense occurs
99	99	before that date.
100	100	SECTION 3. This Act takes effect September 1, 2009.