85R13337 KJE-D
By: Schwertner S.B. No. 1978
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of theft of cattle,
horses, exotic livestock, exotic fowl, sheep, swine, or goats;
increasing a criminal penalty; imposing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 102, Code of Criminal
Procedure, is amended by adding Article 102.023 to read as follows:
Art. 102.023. FEE FOR THEFT OF LIVESTOCK. (a) On
conviction of an offense under Section 31.03, Penal Code, involving
the theft of cattle, horses, exotic livestock, exotic fowl, sheep,
swine, or goats, the defendant shall pay a fee of $20.
(b) An officer who collects a fee under this article shall
remit the fee to the Texas and Southwestern Cattle Raisers
Association, to be used only for purposes of the special rangers
appointed under Article 2.125.
(c) In this article, a person is considered convicted if:
(1) a sentence is imposed on the person;
(2) the person is placed on community supervision,
including deferred adjudication community supervision; or
(3) the court defers final disposition of the person's
case.
SECTION 2. Article 103.004, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (b) to
read as follows:
(a) Except as provided by Subsections (b) and [Subsection]
(c), an officer who collects recognizances, bail bonds, fines,
forfeitures, judgments, jury fees, and other obligations recovered
in the name of the state under any provision of this title shall
deposit the money in the county treasury not later than the next
regular business day after the date that the money is
collected. If it is not possible for the officer to deposit the
money in the county treasury by that date, the officer shall deposit
the money in the county treasury as soon as possible, but not later
than the fifth regular business day after the date that the money is
collected.
(b) An officer who collects a fine imposed for an offense
under Section 31.03, Penal Code, involving the theft of cattle,
horses, exotic livestock, exotic fowl, sheep, swine, or goats shall
remit the fine as follows:
(1) 90 percent of the fine to the victim or victims of
the offense in equal amounts; and
(2) 10 percent of the fine to the Texas and
Southwestern Cattle Raisers Association, to be used only for
purposes of the special rangers appointed under Article 2.125.
SECTION 3. Subchapter B, Chapter 103, Government Code, is
amended by adding Section 103.02102 to read as follows:
Sec. 103.02102. ADDITIONAL FEE FOR CERTAIN CASES INVOLVING
THEFT OF LIVESTOCK: CODE OF CRIMINAL PROCEDURE. On conviction of an
offense under Section 31.03, Penal Code, involving the theft of
cattle, horses, exotic livestock, exotic fowl, sheep, swine, or
goats, the defendant shall pay a fee of $20 under Article 102.023,
Code of Criminal Procedure.
SECTION 4. Sections 31.03(e) and (g), Penal Code, are
amended to read as follows:
(e) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if the value of the property
stolen is less than $100;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is $100 or
more but less than $750;
(B) the value of the property stolen is less than
$100 and the defendant has previously been convicted of any grade of
theft; or
(C) the property stolen is a driver's license,
commercial driver's license, or personal identification
certificate issued by this state or another state;
(3) a Class A misdemeanor if the value of the property
stolen is $750 or more but less than $2,500;
(4) a state jail felony if:
(A) the value of the property stolen is $2,500 or
more but less than $30,000, or the property stolen is less than 10
head of sheep, swine, or goats or any part thereof under the value
of $30,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave,
including property that is a military grave marker;
(C) the property stolen is a firearm, as defined
by Section 46.01;
(D) the value of the property stolen is less than
$2,500 and the defendant has been previously convicted two or more
times of any grade of theft;
(E) the property stolen is an official ballot or
official carrier envelope for an election; or
(F) the value of the property stolen is less than
$20,000 and the property stolen is:
(i) aluminum;
(ii) bronze;
(iii) copper; or
(iv) brass;
(5) a felony of the third degree if the value of the
property stolen is $30,000 or more but less than $150,000, or the
property stolen is:
(A) cattle, horses, [or] exotic livestock, or
exotic fowl [as defined by Section 142.001, Agriculture Code,]
stolen during a single transaction and having an aggregate value of
less than $75,000 [$150,000]; or
(B) 10 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
less than $75,000 [$150,000];
(6) a felony of the second degree if:
(A) the value of the property stolen is $150,000
or more but less than $300,000; [or]
(B) the value of the property stolen is less than
$300,000 and the property stolen is an automated teller machine or
the contents or components of an automated teller machine; or
(C) the property stolen is:
(i) cattle, horses, exotic livestock, or
exotic fowl stolen during a single transaction and having an
aggregate value of $75,000 or more but less than $225,000; or
(ii) 10 or more head of sheep, swine, or
goats stolen during a single transaction and having an aggregate
value of $75,000 or more but less than $225,000; or
(7) a felony of the first degree if the value of the
property stolen is $300,000 or more, or the property stolen is:
(A) cattle, horses, exotic livestock, or exotic
fowl stolen during a single transaction and having an aggregate
value of $225,000 or more; or
(B) 10 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
$225,000 or more.
(g) For the purposes of Subsection (a), a person is the
owner of exotic livestock or exotic fowl [as defined by Section
142.001, Agriculture Code,] only if the person qualifies to claim
the animal under Section 142.0021, Agriculture Code, if the animal
is an estray.
SECTION 5. Section 31.03(h), Penal Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Exotic livestock" and "exotic fowl" have the
meanings assigned by Section 142.001, Agriculture Code.
SECTION 6. 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 7. This Act takes effect September 1, 2017.