Texas 2011 - 82nd Regular

Texas House Bill HB3478 Compare Versions

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Old	New	Differences
1	1	82R17400 JRH-F
2	2	By: Gallego H.B. No. 3478
3	3	Substitute the following for H.B. No. 3478:
4	4	By: Gallego C.S.H.B. No. 3478
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the punishment for criminal mischief involving cattle,
10	10	horses, and exotic livestock.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 28.03(b), Penal Code, is amended to read
13	13	as follows:
14	14	(b) Except as provided by Subsections (f) and (h), an
15	15	offense under this section is:
16	16	(1) a Class C misdemeanor if:
17	17	(A) the amount of pecuniary loss is less than
18	18	$50; or
19	19	(B) except as provided in Subdivision (3)(A) or
20	20	(3)(B), it causes substantial inconvenience to others;
21	21	(2) a Class B misdemeanor if the amount of pecuniary
22	22	loss is $50 or more but less than $500;
23	23	(3) a Class A misdemeanor if:
24	24	(A) the amount of pecuniary loss is $500 or more
25	25	but less than $1,500; or
26	26	(B) the actor causes in whole or in part
27	27	impairment or interruption of any public water supply, or causes to
28	28	be diverted in whole, in part, or in any manner, including
29	29	installation or removal of any device for any such purpose, any
30	30	public water supply, regardless of the amount of the pecuniary
31	31	loss;
32	32	(4) a state jail felony if the amount of pecuniary loss
33	33	is:
34	34	(A) $1,500 or more but less than $20,000;
35	35	(B) less than $1,500, if the property damaged or
36	36	destroyed is a habitation and if the damage or destruction is caused
37	37	by a firearm or explosive weapon;
38	38	(C) less than $1,500, if the property was a fence
39	39	used for the production or containment of:
40	40	(i) cattle, bison, horses, sheep, swine,
41	41	goats, exotic livestock, or exotic poultry; or
42	42	(ii) game animals as that term is defined by
43	43	Section 63.001, Parks and Wildlife Code; or
44	44	(D) less than $20,000 and the actor causes wholly
45	45	or partly impairment or interruption of public communications,
46	46	public transportation, public gas or power supply, or other public
47	47	service, or causes to be diverted wholly, partly, or in any manner,
48	48	including installation or removal of any device for any such
49	49	purpose, any public communications or public gas or power supply;
50	50	(5) a felony of the third degree if:
51	51	(A) the amount of the pecuniary loss is $20,000
52	52	or more but less than $100,000; or
53	53	(B) the damaged or destroyed property is more
54	54	than one head of cattle, horses, or exotic livestock, as that term
55	55	is defined by Section 142.001, Agriculture Code, with a value of
56	56	less than $20,000;
57	57	(6) a felony of the second degree if the amount of
58	58	pecuniary loss is $100,000 or more but less than $200,000; or
59	59	(7) a felony of the first degree if the amount of
60	60	pecuniary loss is $200,000 or more.
61	61	SECTION 2. The change in law made by this Act applies only
62	62	to an offense committed on or after the effective date of this Act.
63	63	An offense committed before the effective date of this Act is
64	64	governed by the law in effect on the date the offense was committed,
65	65	and the former law is continued in effect for that purpose. For
66	66	purposes of this section, an offense was committed before the
67	67	effective date of this Act if any element of the offense occurred
68	68	before that date.
69	69	SECTION 3. This Act takes effect September 1, 2011.