Texas 2015 - 84th Regular

Texas House Bill HB1530 Compare Versions

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1	1	84R19990 MEW-D
2	2	By: Peña, White of Tyler, Moody, Lucio III, H.B. No. 1530
3	3	et al.
4	4	Substitute the following for H.B. No. 1530:
5	5	By: Herrero C.S.H.B. No. 1530
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the punishment for certain offenses against property or
11	11	against public administration.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 28.03(b), (f), (h), and (j), Penal
14	14	Code, are amended to read as follows:
15	15	(b) Except as provided by Subsections (f) and (h), an
16	16	offense under this section is:
17	17	(1) a Class C misdemeanor if:
18	18	(A) the amount of pecuniary loss is less than
19	19	$100 [$50]; or
20	20	(B) except as provided in Subdivision (3)(A) or
21	21	(3)(B), it causes substantial inconvenience to others;
22	22	(2) a Class B misdemeanor if the amount of pecuniary
23	23	loss is $100 [$50] or more but less than $750 [$500];
24	24	(3) a Class A misdemeanor if:
25	25	(A) the amount of pecuniary loss is $750 [$500]
26	26	or more but less than $2,500 [$1,500]; or
27	27	(B) the actor causes in whole or in part
28	28	impairment or interruption of any public water supply, or causes to
29	29	be diverted in whole, in part, or in any manner, including
30	30	installation or removal of any device for any such purpose, any
31	31	public water supply, regardless of the amount of the pecuniary
32	32	loss;
33	33	(4) a state jail felony if the amount of pecuniary loss
34	34	is:
35	35	(A) $2,500 [$1,500] or more but less than $30,000
36	36	[$20,000];
37	37	(B) less than $2,500 [$1,500], if the property
38	38	damaged or destroyed is a habitation and if the damage or
39	39	destruction is caused by a firearm or explosive weapon;
40	40	(C) less than $2,500 [$1,500], if the property
41	41	was a fence used for the production or containment of:
42	42	(i) cattle, bison, horses, sheep, swine,
43	43	goats, exotic livestock, or exotic poultry; or
44	44	(ii) game animals as that term is defined by
45	45	Section 63.001, Parks and Wildlife Code; or
46	46	(D) less than $30,000 [$20,000] and the actor
47	47	causes wholly or partly impairment or interruption of public
48	48	communications, public transportation, public gas or power supply,
49	49	or other public service, or causes to be diverted wholly, partly, or
50	50	in any manner, including installation or removal of any device for
51	51	any such purpose, any public communications or public gas or power
52	52	supply;
53	53	(5) a felony of the third degree if the amount of the
54	54	pecuniary loss is $30,000 [$20,000] or more but less than $150,000
55	55	[$100,000];
56	56	(6) a felony of the second degree if the amount of
57	57	pecuniary loss is $150,000 [$100,000] or more but less than
58	58	$300,000 [$200,000]; or
59	59	(7) a felony of the first degree if the amount of
60	60	pecuniary loss is $300,000 [$200,000] or more.
61	61	(f) An offense under this section is a state jail felony if
62	62	the damage or destruction is inflicted on a place of worship or
63	63	human burial, a public monument, or a community center that
64	64	provides medical, social, or educational programs and the amount of
65	65	the pecuniary loss to real property or to tangible personal
66	66	property is $750 or more but less than $30,000 [$20,000].
67	67	(h) An offense under this section is a state jail felony if
68	68	the amount of the pecuniary loss to real property or to tangible
69	69	personal property is $750 [$1,500] or more but less than $30,000
70	70	[$20,000] and the damage or destruction is inflicted on a public or
71	71	private elementary school, secondary school, or institution of
72	72	higher education.
73	73	(j) Notwithstanding Subsection (b), an offense under this
74	74	section is a felony of the third degree if:
75	75	(1) the tangible property damaged, destroyed, or
76	76	tampered with is transportation communications equipment or a
77	77	transportation communications device; and
78	78	(2) the amount of the pecuniary loss to the tangible
79	79	property is less than $150,000 [$100,000].
80	80	SECTION 2. Section 28.06(d), Penal Code, is amended to read
81	81	as follows:
82	82	(d) If the amount of pecuniary loss cannot be ascertained by
83	83	the criteria set forth in Subsections (a) through (c), the amount of
84	84	loss is deemed to be greater than $750 [$500] but less than $2,500
85	85	[$1,500].
86	86	SECTION 3. Section 28.07(e), Penal Code, is amended to read
87	87	as follows:
88	88	(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or
89	89	(b)(2)(D) is a Class C misdemeanor unless the person causes
90	90	pecuniary loss of $100 or more, in which event the offense is:
91	91	(1) a Class B misdemeanor if the amount of pecuniary
92	92	loss is $100 [$20] or more but less than $750 [$500];
93	93	(2) a Class A misdemeanor if the amount of pecuniary
94	94	loss is $750 [$500] or more but less than $2,500 [$1,500];
95	95	(3) a state jail felony if the amount of pecuniary loss
96	96	is $2,500 [$1,500] or more but less than $30,000 [$20,000];
97	97	(4) a felony of the third degree if the amount of the
98	98	pecuniary loss is $30,000 [$20,000] or more but less than $150,000
99	99	[$100,000];
100	100	(5) a felony of the second degree if the amount of
101	101	pecuniary loss is $150,000 [$100,000] or more but less than
102	102	$300,000 [$200,000]; or
103	103	(6) a felony of the first degree if the amount of the
104	104	pecuniary loss is $300,000 [$200,000] or more.
105	105	SECTION 4. Sections 28.08(b) and (d), Penal Code, are
106	106	amended to read as follows:
107	107	(b) Except as provided by Subsection (d), an offense under
108	108	this section is:
109	109	(1) a Class C misdemeanor if the amount of pecuniary
110	110	loss is less than $100;
111	111	(2) a Class B misdemeanor if the amount of pecuniary
112	112	loss is $100 or more but less than $750 [$500];
113	113	(3) [(2)] a Class A misdemeanor if the amount of
114	114	pecuniary loss is $750 [$500] or more but less than $2,500 [$1,500];
115	115	(4) [(3)] a state jail felony if the amount of
116	116	pecuniary loss is $2,500 [$1,500] or more but less than $30,000
117	117	[$20,000];
118	118	(5) [(4)] a felony of the third degree if the amount of
119	119	pecuniary loss is $30,000 [$20,000] or more but less than $150,000
120	120	[$100,000];
121	121	(6) [(5)] a felony of the second degree if the amount
122	122	of pecuniary loss is $150,000 [$100,000] or more but less than
123	123	$300,000 [$200,000]; or
124	124	(7) [(6)] a felony of the first degree if the amount of
125	125	pecuniary loss is $300,000 [$200,000] or more.
126	126	(d) An offense under this section is a state jail felony if:
127	127	(1) the marking is made on a school, an institution of
128	128	higher education, a place of worship or human burial, a public
129	129	monument, or a community center that provides medical, social, or
130	130	educational programs; and
131	131	(2) the amount of the pecuniary loss to real property
132	132	or to tangible personal property is $750 or more but less than
133	133	$30,000 [$20,000].
134	134	SECTION 5. Article 14.06(d), Code of Criminal Procedure, is
135	135	amended to read as follows:
136	136	(d) Subsection (c) applies only to a person charged with
137	137	committing an offense under:
138	138	(1) Section 481.121, Health and Safety Code, if the
139	139	offense is punishable under Subsection (b)(1) or (2) of that
140	140	section;
141	141	(1-a) Section 481.1161, Health and Safety Code, if the
142	142	offense is punishable under Subsection (b)(1) or (2) of that
143	143	section;
144	144	(2) Section 28.03, Penal Code, if the offense is
145	145	punishable under Subsection (b)(2) of that section;
146	146	(3) Section 28.08, Penal Code, if the offense is
147	147	punishable under Subsection (b)(2) or (3) [(b)(1)] of that section;
148	148	(4) Section 31.03, Penal Code, if the offense is
149	149	punishable under Subsection (e)(2)(A) of that section;
150	150	(5) Section 31.04, Penal Code, if the offense is
151	151	punishable under Subsection (e)(2) of that section;
152	152	(6) Section 38.114, Penal Code, if the offense is
153	153	punishable as a Class B misdemeanor; or
154	154	(7) Section 521.457, Transportation Code.
155	155	SECTION 6. Section 31.03(e), Penal Code, is amended to read
156	156	as follows:
157	157	(e) Except as provided by Subsection (f), an offense under
158	158	this section is:
159	159	(1) a Class C misdemeanor if the value of the property
160	160	stolen is less than $100[:
161	161	[(A) $50; or
162	162	[(B) $20 and the defendant obtained the property
163	163	by issuing or passing a check or similar sight order in a manner
164	164	described by Section 31.06];
165	165	(2) a Class B misdemeanor if:
166	166	(A) the value of the property stolen is $100[:
167	167	[(i) $50] or more but less than $750 [$500;
168	168	or
169	169	[(ii) $20 or more but less than $500 and the
170	170	defendant obtained the property by issuing or passing a check or
171	171	similar sight order in a manner described by Section 31.06];
172	172	(B) the value of the property stolen is less than
173	173	$100[:
174	174	[(i) $50] and the defendant has previously
175	175	been convicted of any grade of theft; or
176	176	[(ii) $20, the defendant has previously
177	177	been convicted of any grade of theft, and the defendant obtained the
178	178	property by issuing or passing a check or similar sight order in a
179	179	manner described by Section 31.06; or]
180	180	(C) the property stolen is a driver's license,
181	181	commercial driver's license, or personal identification
182	182	certificate issued by this state or another state;
183	183	(3) a Class A misdemeanor if the value of the property
184	184	stolen is $750 [$500] or more but less than $2,500 [$1,500];
185	185	(4) a state jail felony if:
186	186	(A) the value of the property stolen is $2,500
187	187	[$1,500] or more but less than $30,000 [$20,000], or the property is
188	188	less than 10 head of sheep, swine, or goats or any part thereof
189	189	under the value of $30,000 [$20,000];
190	190	(B) regardless of value, the property is stolen
191	191	from the person of another or from a human corpse or grave,
192	192	including property that is a military grave marker;
193	193	(C) the property stolen is a firearm, as defined
194	194	by Section 46.01;
195	195	(D) the value of the property stolen is less than
196	196	$2,500 [$1,500] and the defendant has been previously convicted two
197	197	or more times of any grade of theft;
198	198	(E) the property stolen is an official ballot or
199	199	official carrier envelope for an election; or
200	200	(F) the value of the property stolen is less than
201	201	$30,000 [$20,000] and the property stolen is:
202	202	(i) aluminum;
203	203	(ii) bronze;
204	204	(iii) copper; or
205	205	(iv) brass;
206	206	(5) a felony of the third degree if the value of the
207	207	property stolen is $30,000 [$20,000] or more but less than $150,000
208	208	[$100,000], or the property is:
209	209	(A) cattle, horses, or exotic livestock or exotic
210	210	fowl as defined by Section 142.001, Agriculture Code, stolen during
211	211	a single transaction and having an aggregate value of less than
212	212	$150,000 [$100,000]; or
213	213	(B) 10 or more head of sheep, swine, or goats
214	214	stolen during a single transaction and having an aggregate value of
215	215	less than $150,000 [$100,000];
216	216	(6) a felony of the second degree if:
217	217	(A) the value of the property stolen is $150,000
218	218	[$100,000] or more but less than $300,000 [$200,000]; or
219	219	(B) the value of the property stolen is less than
220	220	$300,000 [$200,000] and the property stolen is an automated teller
221	221	machine or the contents or components of an automated teller
222	222	machine; or
223	223	(7) a felony of the first degree if the value of the
224	224	property stolen is $300,000 [$200,000] or more.
225	225	SECTION 7. Sections 31.04(b) and (e), Penal Code, are
226	226	amended to read as follows:
227	227	(b) For purposes of this section, intent to avoid payment is
228	228	presumed if:
229	229	(1) the actor absconded without paying for the service
230	230	or expressly refused to pay for the service in circumstances where
231	231	payment is ordinarily made immediately upon rendering of the
232	232	service, as in hotels, campgrounds, recreational vehicle parks,
233	233	restaurants, and comparable establishments;
234	234	(2) the actor failed to make payment under a service
235	235	agreement within 10 days after receiving notice demanding payment;
236	236	(3) the actor returns property held under a rental
237	237	agreement after the expiration of the rental agreement and fails to
238	238	pay the applicable rental charge for the property within 10 days
239	239	after the date on which the actor received notice demanding
240	240	payment; or
241	241	(4) the actor failed to return the property held under
242	242	a rental agreement:
243	243	(A) within five days after receiving notice
244	244	demanding return, if the property is valued at less than $2,500
245	245	[$1,500]; or
246	246	(B) within three days after receiving notice
247	247	demanding return, if the property is valued at $2,500 [$1,500] or
248	248	more.
249	249	(e) An offense under this section is:
250	250	(1) a Class C misdemeanor if the value of the service
251	251	stolen is less than $100 [$20];
252	252	(2) a Class B misdemeanor if the value of the service
253	253	stolen is $100 [$20] or more but less than $750 [$500];
254	254	(3) a Class A misdemeanor if the value of the service
255	255	stolen is $750 [$500] or more but less than $2,500 [$1,500];
256	256	(4) a state jail felony if the value of the service
257	257	stolen is $2,500 [$1,500] or more but less than $30,000 [$20,000];
258	258	(5) a felony of the third degree if the value of the
259	259	service stolen is $30,000 [$20,000] or more but less than $150,000
260	260	[$100,000];
261	261	(6) a felony of the second degree if the value of the
262	262	service stolen is $150,000 [$100,000] or more but less than
263	263	$300,000 [$200,000]; or
264	264	(7) a felony of the first degree if the value of the
265	265	service stolen is $300,000 [$200,000] or more.
266	266	SECTION 8. Section 31.08(c), Penal Code, is amended to read
267	267	as follows:
268	268	(c) If property or service has value that cannot be
269	269	reasonably ascertained by the criteria set forth in Subsections (a)
270	270	and (b), the property or service is deemed to have a value of $750
271	271	[$500] or more but less than $2,500 [$1,500].
272	272	SECTION 9. Sections 31.16(c) and (d), Penal Code, are
273	273	amended to read as follows:
274	274	(c) An offense under this section is:
275	275	(1) a Class C misdemeanor if the total value of the
276	276	merchandise involved in the activity is less than $100;
277	277	(2) a Class B misdemeanor if the total value of the
278	278	merchandise involved in the activity is $100 or more but less than
279	279	$750 [$50];
280	280	(3) [(2)] a Class A misdemeanor if the total value of
281	281	the merchandise involved in the activity is $750 [$50] or more but
282	282	less than $2,500 [$500];
283	283	(4) [(3)] a state jail felony if the total value of the
284	284	merchandise involved in the activity is $2,500 [$500] or more but
285	285	less than $30,000 [$1,500];
286	286	(5) [(4)] a felony of the third degree if the total
287	287	value of the merchandise involved in the activity is $30,000
288	288	[$1,500] or more but less than $150,000 [$20,000];
289	289	(6) [(5)] a felony of the second degree if the total
290	290	value of the merchandise involved in the activity is $150,000
291	291	[$20,000] or more but less than $300,000 [$100,000]; or
292	292	(7) [(6)] a felony of the first degree if the total
293	293	value of the merchandise involved in the activity is $300,000
294	294	[$100,000] or more.
295	295	(d) An offense described for purposes of punishment by
296	296	Subsections (c)(1)-(6) [(c)(1)-(5)] is increased to the next higher
297	297	category of offense if it is shown on the trial of the offense that:
298	298	(1) the person organized, supervised, financed, or
299	299	managed one or more other persons engaged in an activity described
300	300	by Subsection (b); or
301	301	(2) during the commission of the offense, a person
302	302	engaged in an activity described by Subsection (b) intentionally,
303	303	knowingly, or recklessly:
304	304	(A) caused a fire exit alarm to sound or
305	305	otherwise become activated;
306	306	(B) deactivated or otherwise prevented a fire
307	307	exit alarm or retail theft detector from sounding; or
308	308	(C) used a shielding or deactivation instrument
309	309	to prevent or attempt to prevent detection of the offense by a
310	310	retail theft detector.
311	311	SECTION 10. Section 32.02(c), Penal Code, is amended to
312	312	read as follows:
313	313	(c) If property or service has value that cannot be
314	314	reasonably ascertained by the criteria set forth in Subsections (a)
315	315	and (b), the property or service is deemed to have a value of $750
316	316	[$500] or more but less than $2,500 [$1,500].
317	317	SECTION 11. Section 32.23(e), Penal Code, is amended to
318	318	read as follows:
319	319	(e) An offense under this section is a:
320	320	(1) Class C misdemeanor if the retail value of the item
321	321	or service is less than $100 [$20];
322	322	(2) Class B misdemeanor if the retail value of the item
323	323	or service is $100 [$20] or more but less than $750 [$500];
324	324	(3) Class A misdemeanor if the retail value of the item
325	325	or service is $750 [$500] or more but less than $2,500 [$1,500];
326	326	(4) state jail felony if the retail value of the item
327	327	or service is $2,500 [$1,500] or more but less than $30,000
328	328	[$20,000];
329	329	(5) felony of the third degree if the retail value of
330	330	the item or service is $30,000 [$20,000] or more but less than
331	331	$150,000 [$100,000];
332	332	(6) felony of the second degree if the retail value of
333	333	the item or service is $150,000 [$100,000] or more but less than
334	334	$300,000 [$200,000]; or
335	335	(7) felony of the first degree if the retail value of
336	336	the item or service is $300,000 [$200,000] or more.
337	337	SECTION 12. Section 32.32(c), Penal Code, is amended to
338	338	read as follows:
339	339	(c) An offense under this section is:
340	340	(1) a Class C misdemeanor if the value of the property
341	341	or the amount of credit is less than $100 [$50];
342	342	(2) a Class B misdemeanor if the value of the property
343	343	or the amount of credit is $100 [$50] or more but less than $750
344	344	[$500];
345	345	(3) a Class A misdemeanor if the value of the property
346	346	or the amount of credit is $750 [$500] or more but less than $2,500
347	347	[$1,500];
348	348	(4) a state jail felony if the value of the property or
349	349	the amount of credit is $2,500 [$1,500] or more but less than
350	350	$30,000 [$20,000];
351	351	(5) a felony of the third degree if the value of the
352	352	property or the amount of credit is $30,000 [$20,000] or more but
353	353	less than $150,000 [$100,000];
354	354	(6) a felony of the second degree if the value of the
355	355	property or the amount of credit is $150,000 [$100,000] or more but
356	356	less than $300,000 [$200,000]; or
357	357	(7) a felony of the first degree if the value of the
358	358	property or the amount of credit is $300,000 [$200,000] or more.
359	359	SECTION 13. Sections 32.33(d) and (e), Penal Code, are
360	360	amended to read as follows:
361	361	(d) An offense under Subsection (b) is a:
362	362	(1) Class C misdemeanor if the value of the property
363	363	destroyed, removed, concealed, encumbered, or otherwise harmed or
364	364	reduced in value is less than $100 [$20];
365	365	(2) Class B misdemeanor if the value of the property
366	366	destroyed, removed, concealed, encumbered, or otherwise harmed or
367	367	reduced in value is $100 [$20] or more but less than $750 [$500];
368	368	(3) Class A misdemeanor if the value of the property
369	369	destroyed, removed, concealed, encumbered, or otherwise harmed or
370	370	reduced in value is $750 [$500] or more but less than $2,500
371	371	[$1,500];
372	372	(4) state jail felony if the value of the property
373	373	destroyed, removed, concealed, encumbered, or otherwise harmed or
374	374	reduced in value is $2,500 [$1,500] or more but less than $30,000
375	375	[$20,000];
376	376	(5) felony of the third degree if the value of the
377	377	property destroyed, removed, concealed, encumbered, or otherwise
378	378	harmed or reduced in value is $30,000 [$20,000] or more but less
379	379	than $150,000 [$100,000];
380	380	(6) felony of the second degree if the value of the
381	381	property destroyed, removed, concealed, encumbered, or otherwise
382	382	harmed or reduced in value is $150,000 [$100,000] or more but less
383	383	than $300,000 [$200,000]; or
384	384	(7) felony of the first degree if the value of the
385	385	property destroyed, removed, concealed, encumbered, or otherwise
386	386	harmed or reduced in value is $300,000 [$200,000] or more.
387	387	(e) A person who is a debtor under a security agreement, and
388	388	who does not have a right to sell or dispose of the secured property
389	389	or is required to account to the secured party for the proceeds of a
390	390	permitted sale or disposition, commits an offense if the person
391	391	sells or otherwise disposes of the secured property, or does not
392	392	account to the secured party for the proceeds of a sale or other
393	393	disposition as required, with intent to appropriate (as defined in
394	394	Chapter 31) the proceeds or value of the secured property. A person
395	395	is presumed to have intended to appropriate proceeds if the person
396	396	does not deliver the proceeds to the secured party or account to the
397	397	secured party for the proceeds before the 11th day after the day
398	398	that the secured party makes a lawful demand for the proceeds or
399	399	account. An offense under this subsection is:
400	400	(1) a Class C misdemeanor if the proceeds obtained
401	401	from the sale or other disposition are money or goods having a value
402	402	of less than $100 [$20];
403	403	(2) a Class B misdemeanor if the proceeds obtained
404	404	from the sale or other disposition are money or goods having a value
405	405	of $100 [$20] or more but less than $750 [$500];
406	406	(3) a Class A misdemeanor if the proceeds obtained
407	407	from the sale or other disposition are money or goods having a value
408	408	of $750 [$500] or more but less than $2,500 [$1,500];
409	409	(4) a state jail felony if the proceeds obtained from
410	410	the sale or other disposition are money or goods having a value of
411	411	$2,500 [$1,500] or more but less than $30,000 [$20,000];
412	412	(5) a felony of the third degree if the proceeds
413	413	obtained from the sale or other disposition are money or goods
414	414	having a value of $30,000 [$20,000] or more but less than $150,000
415	415	[$100,000];
416	416	(6) a felony of the second degree if the proceeds
417	417	obtained from the sale or other disposition are money or goods
418	418	having a value of $150,000 [$100,000] or more but less than $300,000
419	419	[$200,000]; or
420	420	(7) a felony of the first degree if the proceeds
421	421	obtained from the sale or other disposition are money or goods
422	422	having a value of $300,000 [$200,000] or more.
423	423	SECTION 14. Section 32.34(f), Penal Code, is amended to
424	424	read as follows:
425	425	(f) An offense under Subsection (b)(1), (b)(2), or (b)(3)
426	426	is:
427	427	(1) a state jail felony if the value of the motor
428	428	vehicle is less than $30,000 [$20,000]; [or]
429	429	(2) a felony of the third degree if the value of the
430	430	motor vehicle is $30,000 [$20,000] or more but less than $150,000;
431	431	(3) a felony of the second degree if the value of the
432	432	motor vehicle is $150,000 or more but less than $300,000; or
433	433	(4) a felony of the first degree if the value of the
434	434	motor vehicle is $300,000 or more.
435	435	SECTION 15. Section 32.35(e), Penal Code, is amended to
436	436	read as follows:
437	437	(e) An offense under this section is a:
438	438	(1) Class C misdemeanor if the amount of the record of
439	439	a sale is less than $100 [$20];
440	440	(2) Class B misdemeanor if the amount of the record of
441	441	a sale is $100 [$20] or more but less than $750 [$500];
442	442	(3) Class A misdemeanor if the amount of the record of
443	443	a sale is $750 [$500] or more but less than $2,500 [$1,500];
444	444	(4) state jail felony if the amount of the record of a
445	445	sale is $2,500 [$1,500] or more but less than $30,000 [$20,000];
446	446	(5) felony of the third degree if the amount of the
447	447	record of a sale is $30,000 [$20,000] or more but less than $150,000
448	448	[$100,000];
449	449	(6) felony of the second degree if the amount of the
450	450	record of a sale is $150,000 [$100,000] or more but less than
451	451	$300,000 [$200,000]; or
452	452	(7) felony of the first degree if the amount of the
453	453	record of a sale is $300,000 [$200,000] or more.
454	454	SECTION 16. Section 32.441(e), Penal Code, is amended to
455	455	read as follows:
456	456	(e) An offense under this section is a:
457	457	(1) Class C misdemeanor if the value of the benefit is
458	458	less than $100 [$20];
459	459	(2) Class B misdemeanor if the value of the benefit is
460	460	$100 [$20] or more but less than $750 [$500];
461	461	(3) Class A misdemeanor if the value of the benefit is
462	462	$750 [$500] or more but less than $2,500 [$1,500];
463	463	(4) state jail felony if the value of the benefit is
464	464	$2,500 [$1,500] or more but less than $30,000 [$20,000];
465	465	(5) felony of the third degree if the value of the
466	466	benefit is $30,000 [$20,000] or more but less than $150,000
467	467	[$100,000];
468	468	(6) felony of the second degree if the value of the
469	469	benefit is $150,000 [$100,000] or more but less than $300,000
470	470	[$200,000]; or
471	471	(7) felony of the first degree if the value of the
472	472	benefit is $300,000 [$200,000] or more.
473	473	SECTION 17. Section 32.45(c), Penal Code, is amended to
474	474	read as follows:
475	475	(c) An offense under this section is:
476	476	(1) a Class C misdemeanor if the value of the property
477	477	misapplied is less than $100 [$20];
478	478	(2) a Class B misdemeanor if the value of the property
479	479	misapplied is $100 [$20] or more but less than $750 [$500];
480	480	(3) a Class A misdemeanor if the value of the property
481	481	misapplied is $750 [$500] or more but less than $2,500 [$1,500];
482	482	(4) a state jail felony if the value of the property
483	483	misapplied is $2,500 [$1,500] or more but less than $30,000
484	484	[$20,000];
485	485	(5) a felony of the third degree if the value of the
486	486	property misapplied is $30,000 [$20,000] or more but less than
487	487	$150,000 [$100,000];
488	488	(6) a felony of the second degree if the value of the
489	489	property misapplied is $150,000 [$100,000] or more but less than
490	490	$300,000 [$200,000]; or
491	491	(7) a felony of the first degree if the value of the
492	492	property misapplied is $300,000 [$200,000] or more.
493	493	SECTION 18. Section 32.46(b), Penal Code, is amended to
494	494	read as follows:
495	495	(b) An offense under Subsection (a)(1) is a:
496	496	(1) Class C misdemeanor if the value of the property,
497	497	service, or pecuniary interest is less than $100 [$20];
498	498	(2) Class B misdemeanor if the value of the property,
499	499	service, or pecuniary interest is $100 [$20] or more but less than
500	500	$750 [$500];
501	501	(3) Class A misdemeanor if the value of the property,
502	502	service, or pecuniary interest is $750 [$500] or more but less than
503	503	$2,500 [$1,500];
504	504	(4) state jail felony if the value of the property,
505	505	service, or pecuniary interest is $2,500 [$1,500] or more but less
506	506	than $30,000 [$20,000];
507	507	(5) felony of the third degree if the value of the
508	508	property, service, or pecuniary interest is $30,000 [$20,000] or
509	509	more but less than $150,000 [$100,000];
510	510	(6) felony of the second degree if the value of the
511	511	property, service, or pecuniary interest is $150,000 [$100,000] or
512	512	more but less than $300,000 [$200,000]; or
513	513	(7) felony of the first degree if the value of the
514	514	property, service, or pecuniary interest is $300,000 [$200,000] or
515	515	more.
516	516	SECTION 19. Section 33.02(b-2), Penal Code, is amended to
517	517	read as follows:
518	518	(b-2) An offense under Subsection (b-1) is:
519	519	(1) a Class C misdemeanor if the aggregate amount
520	520	involved is less than $100;
521	521	(2) a Class B misdemeanor if the aggregate amount
522	522	involved is $100 or more but less than $750;
523	523	(3) a Class A misdemeanor if the aggregate amount
524	524	involved is $750 or more but less than $2,500;
525	525	(4) [(1)] a state jail felony if the aggregate amount
526	526	involved is $2,500 or more but less than $30,000 [$20,000];
527	527	(5) [(2)] a felony of the third degree if the
528	528	aggregate amount involved is $30,000 [$20,000] or more but less
529	529	than $150,000 [$100,000];
530	530	(6) [(3)] a felony of the second degree if:
531	531	(A) the aggregate amount involved is $150,000
532	532	[$100,000] or more but less than $300,000 [$200,000];
533	533	(B) the aggregate amount involved is any amount
534	534	less than $300,000 [$200,000] and the computer, computer network,
535	535	or computer system is owned by the government or a critical
536	536	infrastructure facility; or
537	537	(C) the actor obtains the identifying
538	538	information of another by accessing only one computer, computer
539	539	network, or computer system; or
540	540	(7) [(4)] a felony of the first degree if:
541	541	(A) the aggregate amount involved is $300,000
542	542	[$200,000] or more; or
543	543	(B) the actor obtains the identifying
544	544	information of another by accessing more than one computer,
545	545	computer network, or computer system.
546	546	SECTION 20. Section 33A.02(b), Penal Code, is amended to
547	547	read as follows:
548	548	(b) An offense under this section is:
549	549	(1) a Class C misdemeanor if the value of the
550	550	telecommunications service used or diverted is less than $100;
551	551	(2) a Class B misdemeanor if the value of the
552	552	telecommunications service used or diverted is $100 or more but
553	553	less than $750 [$500];
554	554	(3) [(2)] a Class A misdemeanor if:
555	555	(A) the value of the telecommunications service
556	556	used or diverted is $750 [$500] or more but less than $2,500
557	557	[$1,500]; or
558	558	(B) the value of the telecommunications service
559	559	used or diverted is less than $750 [$500] and the defendant has been
560	560	previously convicted of an offense under this chapter;
561	561	(4) [(3)] a state jail felony if:
562	562	(A) the value of the telecommunications service
563	563	used or diverted is $2,500 [$1,500] or more but less than $30,000
564	564	[$20,000]; or
565	565	(B) the value of the telecommunications service
566	566	used or diverted is less than $2,500 [$1,500] and the defendant has
567	567	been previously convicted two or more times of an offense under this
568	568	chapter;
569	569	(5) [(4)] a felony of the third degree if the value of
570	570	the telecommunications service used or diverted is $30,000
571	571	[$20,000] or more but less than $150,000 [$100,000];
572	572	(6) [(5)] a felony of the second degree if the value of
573	573	the telecommunications service used or diverted is $150,000
574	574	[$100,000] or more but less than $300,000 [$200,000]; or
575	575	(7) [(6)] a felony of the first degree if the value of
576	576	the telecommunications service used or diverted is $300,000
577	577	[$200,000] or more.
578	578	SECTION 21. Section 33A.04(b), Penal Code, is amended to
579	579	read as follows:
580	580	(b) An offense under this section is:
581	581	(1) a Class C misdemeanor if the value of the
582	582	telecommunications service obtained or attempted to be obtained is
583	583	less than $100;
584	584	(2) a Class B misdemeanor if the value of the
585	585	telecommunications service obtained or attempted to be obtained is
586	586	$100 or more but less than $750 [$500];
587	587	(3) [(2)] a Class A misdemeanor if:
588	588	(A) the value of the telecommunications service
589	589	obtained or attempted to be obtained is $750 [$500] or more but less
590	590	than $2,500 [$1,500]; or
591	591	(B) the value of the telecommunications service
592	592	obtained or attempted to be obtained is less than $750 [$500] and
593	593	the defendant has been previously convicted of an offense under
594	594	this chapter;
595	595	(4) [(3)] a state jail felony if:
596	596	(A) the value of the telecommunications service
597	597	obtained or attempted to be obtained is $2,500 [$1,500] or more but
598	598	less than $30,000 [$20,000]; or
599	599	(B) the value of the telecommunications service
600	600	obtained or attempted to be obtained is less than $2,500 [$1,500]
601	601	and the defendant has been previously convicted two or more times of
602	602	an offense under this chapter;
603	603	(5) [(4)] a felony of the third degree if the value of
604	604	the telecommunications service obtained or attempted to be obtained
605	605	is $30,000 [$20,000] or more but less than $150,000 [$100,000];
606	606	(6) [(5)] a felony of the second degree if the value of
607	607	the telecommunications service obtained or attempted to be obtained
608	608	is $150,000 [$100,000] or more but less than $300,000 [$200,000];
609	609	or
610	610	(7) [(6)] a felony of the first degree if the value of
611	611	the telecommunications service obtained or attempted to be obtained
612	612	is $300,000 [$200,000] or more.
613	613	SECTION 22. Section 34.02(e), Penal Code, is amended to
614	614	read as follows:
615	615	(e) An offense under this section is:
616	616	(1) a state jail felony if the value of the funds is
617	617	$2,500 [$1,500] or more but less than $30,000 [$20,000];
618	618	(2) a felony of the third degree if the value of the
619	619	funds is $30,000 [$20,000] or more but less than $150,000
620	620	[$100,000];
621	621	(3) a felony of the second degree if the value of the
622	622	funds is $150,000 [$100,000] or more but less than $300,000
623	623	[$200,000]; or
624	624	(4) a felony of the first degree if the value of the
625	625	funds is $300,000 [$200,000] or more.
626	626	SECTION 23. Section 35.02(c), Penal Code, is amended to
627	627	read as follows:
628	628	(c) An offense under Subsection (a) or (b) is:
629	629	(1) a Class C misdemeanor if the value of the claim is
630	630	less than $100 [$50];
631	631	(2) a Class B misdemeanor if the value of the claim is
632	632	$100 [$50] or more but less than $750 [$500];
633	633	(3) a Class A misdemeanor if the value of the claim is
634	634	$750 [$500] or more but less than $2,500 [$1,500];
635	635	(4) a state jail felony if the value of the claim is
636	636	$2,500 [$1,500] or more but less than $30,000 [$20,000];
637	637	(5) a felony of the third degree if the value of the
638	638	claim is $30,000 [$20,000] or more but less than $150,000
639	639	[$100,000];
640	640	(6) a felony of the second degree if the value of the
641	641	claim is $150,000 [$100,000] or more but less than $300,000
642	642	[$200,000]; or
643	643	(7) a felony of the first degree if:
644	644	(A) the value of the claim is $300,000 [$200,000]
645	645	or more; or
646	646	(B) an act committed in connection with the
647	647	commission of the offense places a person at risk of death or
648	648	serious bodily injury.
649	649	SECTION 24. Section 35.025(b), Penal Code, is amended to
650	650	read as follows:
651	651	(b) If goods or services that are the subject of a claim
652	652	cannot be reasonably ascertained under Subsection (a), the goods or
653	653	services are considered to have a value of $750 [$500] or more but
654	654	less than $2,500 [$1,500].
655	655	SECTION 25. Section 35A.02(b), Penal Code, is amended to
656	656	read as follows:
657	657	(b) An offense under this section is:
658	658	(1) a Class C misdemeanor if the amount of any payment
659	659	or the value of any monetary or in-kind benefit provided or claim
660	660	for payment made under the Medicaid program, directly or
661	661	indirectly, as a result of the conduct is less than $100 [$50];
662	662	(2) a Class B misdemeanor if the amount of any payment
663	663	or the value of any monetary or in-kind benefit provided or claim
664	664	for payment made under the Medicaid program, directly or
665	665	indirectly, as a result of the conduct is $100 [$50] or more but
666	666	less than $750 [$500];
667	667	(3) a Class A misdemeanor if the amount of any payment
668	668	or the value of any monetary or in-kind benefit provided or claim
669	669	for payment made under the Medicaid program, directly or
670	670	indirectly, as a result of the conduct is $750 [$500] or more but
671	671	less than $2,500 [$1,500];
672	672	(4) a state jail felony if:
673	673	(A) the amount of any payment or the value of any
674	674	monetary or in-kind benefit provided or claim for payment made
675	675	under the Medicaid program, directly or indirectly, as a result of
676	676	the conduct is $2,500 [$1,500] or more but less than $30,000
677	677	[$20,000];
678	678	(B) the offense is committed under Subsection
679	679	(a)(11); or
680	680	(C) it is shown on the trial of the offense that
681	681	the amount of the payment or value of the benefit described by this
682	682	subsection cannot be reasonably ascertained;
683	683	(5) a felony of the third degree if:
684	684	(A) the amount of any payment or the value of any
685	685	monetary or in-kind benefit provided or claim for payment made
686	686	under the Medicaid program, directly or indirectly, as a result of
687	687	the conduct is $30,000 [$20,000] or more but less than $150,000
688	688	[$100,000]; or
689	689	(B) it is shown on the trial of the offense that
690	690	the defendant submitted more than 25 but fewer than 50 fraudulent
691	691	claims under the Medicaid program and the submission of each claim
692	692	constitutes conduct prohibited by Subsection (a);
693	693	(6) a felony of the second degree if:
694	694	(A) the amount of any payment or the value of any
695	695	monetary or in-kind benefit provided or claim for payment made
696	696	under the Medicaid program, directly or indirectly, as a result of
697	697	the conduct is $150,000 [$100,000] or more but less than $300,000
698	698	[$200,000]; or
699	699	(B) it is shown on the trial of the offense that
700	700	the defendant submitted 50 or more fraudulent claims under the
701	701	Medicaid program and the submission of each claim constitutes
702	702	conduct prohibited by Subsection (a); or
703	703	(7) a felony of the first degree if the amount of any
704	704	payment or the value of any monetary or in-kind benefit provided or
705	705	claim for payment made under the Medicaid program, directly or
706	706	indirectly, as a result of the conduct is $300,000 [$200,000] or
707	707	more.
708	708	SECTION 26. Section 39.02(c), Penal Code, is amended to
709	709	read as follows:
710	710	(c) An offense under Subsection (a)(2) is:
711	711	(1) a Class C misdemeanor if the value of the use of
712	712	the thing misused is less than $100 [$20];
713	713	(2) a Class B misdemeanor if the value of the use of
714	714	the thing misused is $100 [$20] or more but less than $750 [$500];
715	715	(3) a Class A misdemeanor if the value of the use of
716	716	the thing misused is $750 [$500] or more but less than $2,500
717	717	[$1,500];
718	718	(4) a state jail felony if the value of the use of the
719	719	thing misused is $2,500 [$1,500] or more but less than $30,000
720	720	[$20,000];
721	721	(5) a felony of the third degree if the value of the
722	722	use of the thing misused is $30,000 [$20,000] or more but less than
723	723	$150,000 [$100,000];
724	724	(6) a felony of the second degree if the value of the
725	725	use of the thing misused is $150,000 [$100,000] or more but less
726	726	than $300,000 [$200,000]; or
727	727	(7) a felony of the first degree if the value of the
728	728	use of the thing misused is $300,000 [$200,000] or more.
729	729	SECTION 27. The changes in law made by this Act apply only
730	730	to an offense committed on or after the effective date of this Act.
731	731	An offense committed before the effective date of this Act is
732	732	governed by the law in effect on the date the offense was committed,
733	733	and the former law is continued in effect for that purpose. For
734	734	purposes of this section, an offense was committed before the
735	735	effective date of this Act if any element of the offense occurred
736	736	before that date.
737	737	SECTION 28. This Act takes effect September 1, 2015.