Texas 2009 - 81st Regular

Texas House Bill HB775 Compare Versions

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Old	New	Differences
1	1	81R3739 SJM-D
2	2	By: Miklos, Fletcher, Weber, H.B. No. 775
3	3	Turner of Tarrant, Edwards, et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the penalty for theft of a central air-conditioning
9	9	unit.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 31.01, Penal Code, is amended by adding
12	12	Subdivision (11) to read as follows:
13	13	(11) "Central air-conditioning unit" means a fixed
14	14	mechanical device that is designed to control air purity, humidity,
15	15	or temperature inside an enclosed structure by distributing
16	16	conditioned air from a central conditioning unit through ductwork
17	17	in the structure.
18	18	SECTION 2. Section 31.03(e), Penal Code, is amended to read
19	19	as follows:
20	20	(e) Except as provided by Subsection (f), an offense under
21	21	this section is:
22	22	(1) a Class C misdemeanor if the value of the property
23	23	stolen is less than:
24	24	(A) $50; or
25	25	(B) $20 and the defendant obtained the property
26	26	by issuing or passing a check or similar sight order in a manner
27	27	described by Section 31.06;
28	28	(2) a Class B misdemeanor if:
29	29	(A) the value of the property stolen is:
30	30	(i) $50 or more but less than $500; or
31	31	(ii) $20 or more but less than $500 and the
32	32	defendant obtained the property by issuing or passing a check or
33	33	similar sight order in a manner described by Section 31.06; or
34	34	(B) the value of the property stolen is less
35	35	than:
36	36	(i) $50 and the defendant has previously
37	37	been convicted of any grade of theft; or
38	38	(ii) $20, the defendant has previously been
39	39	convicted of any grade of theft, and the defendant obtained the
40	40	property by issuing or passing a check or similar sight order in a
41	41	manner described by Section 31.06;
42	42	(3) a Class A misdemeanor if the value of the property
43	43	stolen is $500 or more but less than $1,500;
44	44	(4) a state jail felony if:
45	45	(A) the value of the property stolen is $1,500 or
46	46	more but less than $20,000, or the property is less than 10 head of
47	47	cattle, horses, or exotic livestock or exotic fowl as defined by
48	48	Section 142.001, Agriculture Code, or any part thereof under the
49	49	value of $20,000, or less than 100 head of sheep, swine, or goats or
50	50	any part thereof under the value of $20,000;
51	51	(B) regardless of value, the property is stolen
52	52	from the person of another or from a human corpse or grave;
53	53	(C) the property stolen is a firearm, as defined
54	54	by Section 46.01;
55	55	(D) the value of the property stolen is less than
56	56	$1,500 and the defendant has been previously convicted two or more
57	57	times of any grade of theft;
58	58	(E) the property stolen is an official ballot or
59	59	official carrier envelope for an election; or
60	60	(F) the value of the property stolen is less than
61	61	$20,000 and the property stolen is insulated or noninsulated wire
62	62	or cable that consists of at least 50 percent:
63	63	(i) aluminum;
64	64	(ii) bronze; or
65	65	(iii) copper;
66	66	(5) a felony of the third degree if the value of the
67	67	property stolen is $20,000 or more but less than $100,000, or the
68	68	property is:
69	69	(A) 10 or more head of cattle, horses, or exotic
70	70	livestock or exotic fowl as defined by Section 142.001, Agriculture
71	71	Code, stolen during a single transaction and having an aggregate
72	72	value of less than $100,000; [or]
73	73	(B) 100 or more head of sheep, swine, or goats
74	74	stolen during a single transaction and having an aggregate value of
75	75	less than $100,000; or
76	76	(C) a central air-conditioning unit and the value
77	77	of the unit is less than $100,000;
78	78	(6) a felony of the second degree if the value of the
79	79	property stolen is $100,000 or more but less than $200,000; or
80	80	(7) a felony of the first degree if the value of the
81	81	property stolen is $200,000 or more.
82	82	SECTION 3. The change in law made by this Act applies only
83	83	to an offense committed on or after the effective date of this Act.
84	84	An offense committed before the effective date of this Act is
85	85	covered by the law in effect when the offense was committed, and the
86	86	former law is continued in effect for that purpose. For purposes of
87	87	this section, an offense was committed before the effective date of
88	88	this Act if any element of the offense occurred before that date.
89	89	SECTION 4. This Act takes effect September 1, 2009.