Texas 2019 - 86th Regular

Texas House Bill HB427 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 427
	1	+	By: Shaheen, et al. (Senate Sponsor - Hughes) H.B. No. 427
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 24, 2019, read first time and referred to Committee on
	4	+	Criminal Justice; May 9, 2019, reported favorably by the following
	5	+	vote: Yeas 5, Nays 0; May 9, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the punishment for the offense of fraudulent
6	12		destruction, removal, or concealment of a writing that is attached
7	13		to tangible property; enhancing a criminal penalty.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Section 32.47, Penal Code, is amended by
10	16		amending Subsection (c) and adding Subsection (e) to read as
11	17		follows:
12	18		(c) Except as provided by [in] Subsection (d), an offense
13	19		under this section is a Class A misdemeanor, provided that:
14	20		(1) the writing is not attached to tangible property
15	21		to indicate the price for the sale of that property; and
16	22		(2) the actor did not engage in the conduct described
17	23		by Subsection (a) with respect to that writing for the purpose of
18	24		obtaining the property for a lesser price indicated by a separate
19	25		writing.
20	26		(e) If at the time of the offense the writing was attached to
21	27		tangible property to indicate the price for the sale of that
22	28		property and the actor engaged in the conduct described by
23	29		Subsection (a) with respect to that writing for the purpose of
24	30		obtaining the property for a lesser price indicated by a separate
25	31		writing, an offense under this section is:
26	32		(1) a Class C misdemeanor if the difference between
27	33		the impaired writing and the lesser price indicated by the other
28	34		writing is less than $100;
29	35		(2) a Class B misdemeanor if the difference between
30	36		the impaired writing and the lesser price indicated by the other
31	37		writing is $100 or more but less than $750;
32	38		(3) a Class A misdemeanor if the difference between
33	39		the impaired writing and the lesser price indicated by the other
34	40		writing is $750 or more but less than $2,500;
35	41		(4) a state jail felony if the difference between the
36	42		impaired writing and the lesser price indicated by the other
37	43		writing is $2,500 or more but less than $30,000;
38	44		(5) a felony of the third degree if the difference
39	45		between the impaired writing and the lesser price indicated by the
40	46		other writing is $30,000 or more but less than $150,000;
41	47		(6) a felony of the second degree if the difference
42	48		between the impaired writing and the lesser price indicated by the
43	49		other writing is $150,000 or more but less than $300,000; or
44	50		(7) a felony of the first degree if the difference
45	51		between the impaired writing and the lesser price indicated by the
46	52		other writing is $300,000 or more.
47	53		SECTION 2. The change in law made by this Act applies only
48	54		to an offense committed on or after the effective date of this Act.
49	55		An offense committed before the effective date of this Act is
50	56		governed by the law in effect on the date the offense was committed,
51	57		and the former law is continued in effect for that purpose. For
52	58		purposes of this section, an offense was committed before the
53	59		effective date of this Act if any element of the offense occurred
54	60		before that date.
55	61		SECTION 3. This Act takes effect September 1, 2019.
56		-	______________________________ ______________________________
57		-	President of the Senate Speaker of the House
58		-	I certify that H.B. No. 427 was passed by the House on April
59		-	18, 2019, by the following vote: Yeas 132, Nays 0, 2 present, not
60		-	voting.
61		-	______________________________
62		-	Chief Clerk of the House
63		-	I certify that H.B. No. 427 was passed by the Senate on May
64		-	15, 2019, by the following vote: Yeas 31, Nays 0.
65		-	______________________________
66		-	Secretary of the Senate
67		-	APPROVED: _____________________
68		-	Date
69		-	_____________________
70		-	Governor
	62	+	* * * * *