81R2010 SJM-D
By: Patrick, Dan S.B. No. 359
A BILL TO BE ENTITLED
AN ACT
relating to punishment for the offense of theft committed in
certain evacuated or disaster areas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.03(f), Penal Code, is amended to read
as follows:
(f) An offense described for purposes of punishment by
Subsections (e)(1)-(6) is increased to the next higher category of
offense if it is shown on the trial of the offense that:
(1) the actor was a public servant at the time of the
offense and the property appropriated came into the actor's
custody, possession, or control by virtue of his status as a public
servant;
(2) the actor was in a contractual relationship with
government at the time of the offense and the property appropriated
came into the actor's custody, possession, or control by virtue of
the contractual relationship; [or]
(3) the owner of the property appropriated was at the
time of the offense an elderly individual; or
(4) the offense was committed in an area that is:
(A) considered to be a disaster area under
Section 418.014 or 418.108, Government Code; or
(B) subject to an emergency evacuation order.
SECTION 2. Section 31.03(h), Penal Code, is amended by
adding Subdivision (3) to read as follows:
(3) "Emergency evacuation order" means an official
statement issued by the governing body of this state or a political
subdivision of this state to recommend or require the evacuation of
all or part of the population of an area stricken or threatened with
a disaster.
SECTION 3. 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
governed 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 4. This Act takes effect September 1, 2009.