Texas 2009 - 81st Regular

Texas House Bill HB56 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2367 JD-D
2	2	By: Branch H.B. No. 56
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the theft or unlawful possession of a motor vehicle
8	8	inspection certificate; providing penalties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 31.03(e), Penal Code, is amended to read
11	11	as follows:
12	12	(e) Except as provided by Subsection (f), an offense under
13	13	this section is:
14	14	(1) a Class C misdemeanor if the value of the property
15	15	stolen is less than:
16	16	(A) $50; or
17	17	(B) $20 and the defendant obtained the property
18	18	by issuing or passing a check or similar sight order in a manner
19	19	described by Section 31.06;
20	20	(2) a Class B misdemeanor if:
21	21	(A) the value of the property stolen is:
22	22	(i) $50 or more but less than $500; or
23	23	(ii) $20 or more but less than $500 and the
24	24	defendant obtained the property by issuing or passing a check or
25	25	similar sight order in a manner described by Section 31.06; or
26	26	(B) the value of the property stolen is less
27	27	than:
28	28	(i) $50 and the defendant has previously
29	29	been convicted of any grade of theft; or
30	30	(ii) $20, the defendant has previously been
31	31	convicted of any grade of theft, and the defendant obtained the
32	32	property by issuing or passing a check or similar sight order in a
33	33	manner described by Section 31.06;
34	34	(3) a Class A misdemeanor if:
35	35	(A) the value of the property stolen is $500 or
36	36	more but less than $1,500; or
37	37	(B) the property is an inspection certificate, as
38	38	defined by Section 548.603, Transportation Code, that has not been
39	39	issued for a vehicle;
40	40	(4) a state jail felony if:
41	41	(A) the value of the property stolen is $1,500 or
42	42	more but less than $20,000, or the property is less than 10 head of
43	43	cattle, horses, or exotic livestock or exotic fowl as defined by
44	44	Section 142.001, Agriculture Code, or any part thereof under the
45	45	value of $20,000, or less than 100 head of sheep, swine, or goats or
46	46	any part thereof under the value of $20,000;
47	47	(B) regardless of value, the property is stolen
48	48	from the person of another or from a human corpse or grave;
49	49	(C) the property stolen is a firearm, as defined
50	50	by Section 46.01;
51	51	(D) the value of the property stolen is less than
52	52	$1,500 and the defendant has been previously convicted two or more
53	53	times of any grade of theft;
54	54	(E) the property stolen is an official ballot or
55	55	official carrier envelope for an election; or
56	56	(F) the value of the property stolen is less than
57	57	$20,000 and the property stolen is insulated or noninsulated wire
58	58	or cable that consists of at least 50 percent:
59	59	(i) aluminum;
60	60	(ii) bronze; or
61	61	(iii) copper;
62	62	(5) a felony of the third degree if the value of the
63	63	property stolen is $20,000 or more but less than $100,000, or the
64	64	property is:
65	65	(A) 10 or more head of cattle, horses, or exotic
66	66	livestock or exotic fowl as defined by Section 142.001, Agriculture
67	67	Code, stolen during a single transaction and having an aggregate
68	68	value of less than $100,000; or
69	69	(B) 100 or more head of sheep, swine, or goats
70	70	stolen during a single transaction and having an aggregate value of
71	71	less than $100,000;
72	72	(6) a felony of the second degree if the value of the
73	73	property stolen is $100,000 or more but less than $200,000; or
74	74	(7) a felony of the first degree if the value of the
75	75	property stolen is $200,000 or more.
76	76	SECTION 2. Subchapter I, Chapter 548, Transportation Code,
77	77	is amended by adding Section 548.6035 to read as follows:
78	78	Sec. 548.6035. UNLAWFUL POSSESSION OF INSPECTION
79	79	CERTIFICATE. (a) In this section, "inspection certificate" has
80	80	the meaning assigned by Section 548.603.
81	81	(b) A person commits an offense if the person possesses an
82	82	inspection certificate that has not been issued for a vehicle, with
83	83	knowledge that the certificate was obtained unlawfully.
84	84	(c) An offense under this section is a Class A misdemeanor.
85	85	SECTION 3. The change in law made by this Act applies only
86	86	to an offense committed on or after September 1, 2009. An offense
87	87	committed before September 1, 2009, is covered by the law in effect
88	88	when the offense was committed, and the former law is continued in
89	89	effect for that purpose. For purposes of this section, an offense
90	90	was committed before September 1, 2009, if any element of the
91	91	offense was committed before that date.
92	92	SECTION 4. This Act takes effect September 1, 2009.