By: Creighton, Eiland, Ortiz, Jr., et al. H.B. No. 761
A BILL TO BE ENTITLED
AN ACT
relating to the penalty for certain property offenses committed
during certain declared states of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.50 to read as follows:
Sec. 12.50. PENALTIES FOR CERTAIN PROPERTY OFFENSES
COMMITTED DURING DISASTER. (a) Subject to Subsection (b), the
punishment for an offense under Chapter 28, 29, 30, or 31 is
increased to the punishment prescribed for the next highest
category of offense if it is shown on the trial of the offense that,
on the date the actor committed any element of the offense, the area
in which the actor committed the offense was an area that:
(1) the governor declared under Section 418.014,
Government Code, to be under a state of disaster; or
(2) under Section 418.108, Government Code, by order
or proclamation was declared, continued, or renewed to be under a
local state of disaster.
(b) If the offense for which punishment is increased under
this section is ordinarily punished as a Class A misdemeanor, the
offense remains a Class A misdemeanor the minimum term of
confinement for which is increased to 180 days.
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 was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2009.