Texas 2019 - 86th Regular

Texas House Bill HB760 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		86R20966 JRR-D
2	2		By: Wu H.B. No. 760
	3	+	Substitute the following for H.B. No. 760:
	4	+	By: Bell of Kaufman C.S.H.B. No. 760
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the punishment for the criminal offense of theft
8	10		involving a package delivered to or collected from a residential or
9	11		commercial property; increasing a criminal penalty.
10	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	13		SECTION 1. Section 31.03, Penal Code, is amended by adding
12	14		Subsection (d-1) and amending Subsection (e) to read as follows:
13	15		(d-1) It is not a defense to prosecution of an offense
14	16		punishable under Subsection (e)(3)(B) that the package is addressed
15	17		to a person who is not the owner of the residential or commercial
16	18		property from which the package was stolen.
17	19		(e) Except as provided by Subsection (f), an offense under
18	20		this section is:
19	21		(1) a Class C misdemeanor if the value of the property
20	22		stolen is less than $100;
21	23		(2) a Class B misdemeanor if:
22	24		(A) the value of the property stolen is $100 or
23	25		more but less than $750;
24	26		(B) the value of the property stolen is less than
25	27		$100 and the defendant has previously been convicted of any grade of
26	28		theft; or
27	29		(C) the property stolen is a driver's license,
28	30		commercial driver's license, or personal identification
29	31		certificate issued by this state or another state;
30	32		(3) a Class A misdemeanor if:
31	33		(A) the value of the property stolen is $750 or
32	34		more but less than $2,500; or
33	35		(B) the value of the property stolen is less than
34	36		$2,500 and the property is a package that:
35	37		(i) has been delivered by a common carrier
36	38		but not yet received by the addressee or has been left to be
37	39		collected for delivery by a common carrier; and
38	40		(ii) is stolen from a residential or
39	41		commercial property, including the driveway, porch, front door, or
40	42		any other area of the property;
41	43		(4) a state jail felony if:
42	44		(A) the value of the property stolen is $2,500 or
43	45		more but less than $30,000, or the property is less than 10 head of
44	46		sheep, swine, or goats or any part thereof under the value of
45	47		$30,000;
46	48		(B) regardless of value, the property is stolen
47	49		from the person of another or from a human corpse or grave,
48	50		including property that is a military grave marker;
49	51		(C) the property stolen is a firearm, as defined
50	52		by Section 46.01;
51	53		(D) the value of the property stolen is less than
52	54		$2,500 and the defendant has been previously convicted two or more
53	55		times of any grade of theft;
54	56		(E) the property stolen is an official ballot or
55	57		official carrier envelope for an election; or
56	58		(F) the value of the property stolen is less than
57	59		$20,000 and the property stolen is:
58	60		(i) aluminum;
59	61		(ii) bronze;
60	62		(iii) copper; or
61	63		(iv) brass;
62	64		(5) a felony of the third degree if the value of the
63	65		property stolen is $30,000 or more but less than $150,000, or the
64	66		property is:
65	67		(A) cattle, horses, or exotic livestock or exotic
66	68		fowl as defined by Section 142.001, Agriculture Code, stolen during
67	69		a single transaction and having an aggregate value of less than
68	70		$150,000;
69	71		(B) 10 or more head of sheep, swine, or goats
70	72		stolen during a single transaction and having an aggregate value of
71	73		less than $150,000; or
72	74		(C) a controlled substance, having a value of
73	75		less than $150,000, if stolen from:
74	76		(i) a commercial building in which a
75	77		controlled substance is generally stored, including a pharmacy,
76	78		clinic, hospital, nursing facility, or warehouse; or
77	79		(ii) a vehicle owned or operated by a
78	80		wholesale distributor of prescription drugs;
79	81		(6) a felony of the second degree if:
80	82		(A) the value of the property stolen is $150,000
81	83		or more but less than $300,000; or
82	84		(B) the value of the property stolen is less than
83	85		$300,000 and the property stolen is an automated teller machine or
84	86		the contents or components of an automated teller machine; or
85	87		(7) a felony of the first degree if the value of the
86	88		property stolen is $300,000 or more.
87	89		SECTION 2. Section 31.03(h), Penal Code, is amended by
88	90		adding Subdivision (7) to read as follows:
89	91		(7) "Package" means a box, container, bag, or other
90	92		sealed article holding a good or product.
91	93		SECTION 3. The change in law made by this Act applies only
92	94		to an offense committed on or after the effective date of this Act.
93	95		An offense committed before the effective date of this Act is
94	96		governed by the law in effect on the date the offense was committed,
95	97		and the former law is continued in effect for that purpose. For
96	98		purposes of this section, an offense was committed before the
97	99		effective date of this Act if any element of the offense occurred
98	100		before that date.
99	101		SECTION 4. This Act takes effect September 1, 2019.