81R2367 JD-D
By: Branch H.B. No. 56
A BILL TO BE ENTITLED
AN ACT
relating to the theft or unlawful possession of a motor vehicle
inspection certificate; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.03(e), Penal Code, is amended to read
as follows:
(e) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if the value of the property
stolen is less than:
(A) $50; or
(B) $20 and the defendant obtained the property
by issuing or passing a check or similar sight order in a manner
described by Section 31.06;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is:
(i) $50 or more but less than $500; or
(ii) $20 or more but less than $500 and the
defendant obtained the property by issuing or passing a check or
similar sight order in a manner described by Section 31.06; or
(B) the value of the property stolen is less
than:
(i) $50 and the defendant has previously
been convicted of any grade of theft; or
(ii) $20, the defendant has previously been
convicted of any grade of theft, and the defendant obtained the
property by issuing or passing a check or similar sight order in a
manner described by Section 31.06;
(3) a Class A misdemeanor if:
(A) the value of the property stolen is $500 or
more but less than $1,500; or
(B) the property is an inspection certificate, as
defined by Section 548.603, Transportation Code, that has not been
issued for a vehicle;
(4) a state jail felony if:
(A) the value of the property stolen is $1,500 or
more but less than $20,000, or the property is less than 10 head of
cattle, horses, or exotic livestock or exotic fowl as defined by
Section 142.001, Agriculture Code, or any part thereof under the
value of $20,000, or less than 100 head of sheep, swine, or goats or
any part thereof under the value of $20,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave;
(C) the property stolen is a firearm, as defined
by Section 46.01;
(D) the value of the property stolen is less than
$1,500 and the defendant has been previously convicted two or more
times of any grade of theft;
(E) the property stolen is an official ballot or
official carrier envelope for an election; or
(F) the value of the property stolen is less than
$20,000 and the property stolen is insulated or noninsulated wire
or cable that consists of at least 50 percent:
(i) aluminum;
(ii) bronze; or
(iii) copper;
(5) a felony of the third degree if the value of the
property stolen is $20,000 or more but less than $100,000, or the
property is:
(A) 10 or more head of cattle, horses, or exotic
livestock or exotic fowl as defined by Section 142.001, Agriculture
Code, stolen during a single transaction and having an aggregate
value of less than $100,000; or
(B) 100 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
less than $100,000;
(6) a felony of the second degree if the value of the
property stolen is $100,000 or more but less than $200,000; or
(7) a felony of the first degree if the value of the
property stolen is $200,000 or more.
SECTION 2. Subchapter I, Chapter 548, Transportation Code,
is amended by adding Section 548.6035 to read as follows:
Sec. 548.6035. UNLAWFUL POSSESSION OF INSPECTION
CERTIFICATE. (a) In this section, "inspection certificate" has
the meaning assigned by Section 548.603.
(b) A person commits an offense if the person possesses an
inspection certificate that has not been issued for a vehicle, with
knowledge that the certificate was obtained unlawfully.
(c) An offense under this section is a Class A misdemeanor.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after September 1, 2009. An offense
committed before September 1, 2009, 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
was committed before September 1, 2009, if any element of the
offense was committed before that date.
SECTION 4. This Act takes effect September 1, 2009.