Texas 2017 - 85th Regular

Texas House Bill HB1257 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kacal (Senate Sponsor - Birdwell) H.B. No. 1257
2		-	(In the Senate - Received from the House March 27, 2017;
3		-	April 12, 2017, read first time and referred to Committee on
4		-	Criminal Justice; May 11, 2017, reported favorably by the
5		-	following vote: Yeas 8, Nays 0; May 11, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 1257
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the prosecution of and punishment for the offense of
12	6		criminal mischief involving property used for flood control
13	7		purposes or a dam.
14	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	9		SECTION 1. Section 28.03(b), Penal Code, is amended to read
16	10		as follows:
17	11		(b) Except as provided by Subsections (f) and (h), an
18	12		offense under this section is:
19	13		(1) a Class C misdemeanor if:
20	14		(A) the amount of pecuniary loss is less than
21	15		$100; or
22	16		(B) except as provided in Subdivision (3)(A) or
23	17		(3)(B), it causes substantial inconvenience to others;
24	18		(2) a Class B misdemeanor if the amount of pecuniary
25	19		loss is $100 or more but less than $750;
26	20		(3) a Class A misdemeanor if:
27	21		(A) the amount of pecuniary loss is $750 or more
28	22		but less than $2,500; or
29	23		(B) the actor causes in whole or in part
30	24		impairment or interruption of any public water supply, or causes to
31	25		be diverted in whole, in part, or in any manner, including
32	26		installation or removal of any device for any such purpose, any
33	27		public water supply, regardless of the amount of the pecuniary
34	28		loss;
35	29		(4) a state jail felony if the amount of pecuniary loss
36	30		is:
37	31		(A) $2,500 or more but less than $30,000;
38	32		(B) less than $2,500, if the property damaged or
39	33		destroyed is a habitation and if the damage or destruction is caused
40	34		by a firearm or explosive weapon;
41	35		(C) less than $2,500, if the property was a fence
42	36		used for the production or containment of:
43	37		(i) cattle, bison, horses, sheep, swine,
44	38		goats, exotic livestock, or exotic poultry; or
45	39		(ii) game animals as that term is defined by
46	40		Section 63.001, Parks and Wildlife Code; or
47	41		(D) less than $30,000 and the actor:
48	42		(i) causes wholly or partly impairment or
49	43		interruption of property used for flood control purposes or a dam or
50	44		of public communications, public transportation, public gas or
51	45		power supply, or other public service;[,] or
52	46		(ii) causes to be diverted wholly, partly,
53	47		or in any manner, including installation or removal of any device
54	48		for any such purpose, any public communications or public gas or
55	49		power supply;
56	50		(5) a felony of the third degree if the amount of the
57	51		pecuniary loss is $30,000 or more but less than $150,000;
58	52		(6) a felony of the second degree if the amount of
59	53		pecuniary loss is $150,000 or more but less than $300,000; or
60	54		(7) a felony of the first degree if the amount of
61	55		pecuniary loss is $300,000 or more.
62	56		SECTION 2. The change in law made by this Act applies only
63	57		to an offense committed on or after the effective date of this Act.
64	58		An offense committed before the effective date of this Act is
65	59		governed by the law in effect on the date the offense was committed,
66	60		and the former law is continued in effect for that purpose. For
67	61		purposes of this section, an offense was committed before the
68	62		effective date of this Act if any element of the offense occurred
69	63		before that date.
70	64		SECTION 3. This Act takes effect September 1, 2017.
71		-	* * * * *
	65	+	______________________________ ______________________________
	66	+	President of the Senate Speaker of the House
	67	+	I certify that H.B. No. 1257 was passed by the House on March
	68	+	22, 2017, by the following vote: Yeas 146, Nays 0, 1 present, not
	69	+	voting.
	70	+	______________________________
	71	+	Chief Clerk of the House
	72	+	I certify that H.B. No. 1257 was passed by the Senate on May
	73	+	18, 2017, by the following vote: Yeas 30, Nays 0.
	74	+	______________________________
	75	+	Secretary of the Senate
	76	+	APPROVED: _____________________
	77	+	Date
	78	+	_____________________
	79	+	Governor