Texas 2017 - 85th Regular

Texas House Bill HB1686 Compare Versions

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11 85R18118 MEW-D
22 By: Shaheen, Moody H.B. No. 1686
33 Substitute the following for H.B. No. 1686:
44 By: Moody C.S.H.B. No. 1686
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the punishment for the offense of fraudulent
1010 destruction, removal, or concealment of a writing that is attached
1111 to tangible property.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 32.47, Penal Code, is amended by
1414 amending Subsection (c) and adding Subsection (e) to read as
1515 follows:
1616 (c) Except as provided by [in] Subsection (d), an offense
1717 under this section is a Class A misdemeanor, provided that:
1818 (1) the writing is not attached to tangible property
1919 to indicate the price for the sale of that property; and
2020 (2) the actor did not engage in the conduct described
2121 by Subsection (a) with respect to that writing for the purpose of
2222 obtaining the property for a lesser price indicated by a separate
2323 writing.
2424 (e) If at the time of the offense the writing was attached to
2525 tangible property to indicate the price for the sale of that
2626 property and the actor engaged in the conduct described by
2727 Subsection (a) with respect to that writing for the purpose of
2828 obtaining the property for a lesser price indicated by a separate
2929 writing, an offense under this section is:
3030 (1) a Class C misdemeanor if the difference between
3131 the impaired writing and the lesser price indicated by the other
3232 writing is less than $100;
3333 (2) a Class B misdemeanor if the difference between
3434 the impaired writing and the lesser price indicated by the other
3535 writing is $100 or more but less than $750;
3636 (3) a Class A misdemeanor if the difference between
3737 the impaired writing and the lesser price indicated by the other
3838 writing is $750 or more but less than $2,500;
3939 (4) a state jail felony if the difference between the
4040 impaired writing and the lesser price indicated by the other
4141 writing is $2,500 or more but less than $30,000;
4242 (5) a felony of the third degree if the difference
4343 between the impaired writing and the lesser price indicated by the
4444 other writing is $30,000 or more but less than $150,000;
4545 (6) a felony of the second degree if the difference
4646 between the impaired writing and the lesser price indicated by the
4747 other writing is $150,000 or more but less than $300,000; or
4848 (7) a felony of the first degree if the difference
4949 between the impaired writing and the lesser price indicated by the
5050 other writing is $300,000 or more.
5151 SECTION 2. The change in law made by this Act applies only
5252 to an offense committed on or after the effective date of this Act.
5353 An offense committed before the effective date of this Act is
5454 governed by the law in effect on the date the offense was committed,
5555 and the former law is continued in effect for that purpose. For
5656 purposes of this section, an offense was committed before the
5757 effective date of this Act if any element of the offense occurred
5858 before that date.
5959 SECTION 3. This Act takes effect September 1, 2017.