H.B. No. 427
AN ACT
relating to the punishment for the offense of fraudulent
destruction, removal, or concealment of a writing that is attached
to tangible property; enhancing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.47, Penal Code, is amended by
amending Subsection (c) and adding Subsection (e) to read as
follows:
(c) Except as provided by [in] Subsection (d), an offense
under this section is a Class A misdemeanor, provided that:
(1) the writing is not attached to tangible property
to indicate the price for the sale of that property; and
(2) the actor did not engage in the conduct described
by Subsection (a) with respect to that writing for the purpose of
obtaining the property for a lesser price indicated by a separate
writing.
(e) If at the time of the offense the writing was attached to
tangible property to indicate the price for the sale of that
property and the actor engaged in the conduct described by
Subsection (a) with respect to that writing for the purpose of
obtaining the property for a lesser price indicated by a separate
writing, an offense under this section is:
(1) a Class C misdemeanor if the difference between
the impaired writing and the lesser price indicated by the other
writing is less than $100;
(2) a Class B misdemeanor if the difference between
the impaired writing and the lesser price indicated by the other
writing is $100 or more but less than $750;
(3) a Class A misdemeanor if the difference between
the impaired writing and the lesser price indicated by the other
writing is $750 or more but less than $2,500;
(4) a state jail felony if the difference between the
impaired writing and the lesser price indicated by the other
writing is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the difference
between the impaired writing and the lesser price indicated by the
other writing is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the difference
between the impaired writing and the lesser price indicated by the
other writing is $150,000 or more but less than $300,000; or
(7) a felony of the first degree if the difference
between the impaired writing and the lesser price indicated by the
other writing is $300,000 or more.
SECTION 2. 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 on the date 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 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 427 was passed by the House on April
18, 2019, by the following vote: Yeas 132, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 427 was passed by the Senate on May
15, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor