Texas 2023 - 88th Regular

Texas House Bill HB1833 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1833
2	2
3	3
4	4	AN ACT
5	5	relating to increasing the criminal penalty for the offense of
6	6	criminal mischief involving a public power supply.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 28.03(b), Penal Code, is amended to read
9	9	as follows:
10	10	(b) Except as provided by Subsections (f) and (h), an
11	11	offense under this section is:
12	12	(1) a Class C misdemeanor if:
13	13	(A) the amount of pecuniary loss is less than
14	14	$100; or
15	15	(B) except as provided in Subdivision (3)(A) or
16	16	(3)(B), it causes substantial inconvenience to others;
17	17	(2) a Class B misdemeanor if the amount of pecuniary
18	18	loss is $100 or more but less than $750;
19	19	(3) a Class A misdemeanor if:
20	20	(A) the amount of pecuniary loss is $750 or more
21	21	but less than $2,500; or
22	22	(B) the actor causes in whole or in part
23	23	impairment or interruption of any public water supply, or causes to
24	24	be diverted in whole, in part, or in any manner, including
25	25	installation or removal of any device for any such purpose, any
26	26	public water supply, regardless of the amount of the pecuniary
27	27	loss;
28	28	(4) a state jail felony if the amount of pecuniary loss
29	29	is:
30	30	(A) $2,500 or more but less than $30,000;
31	31	(B) less than $2,500, if the property damaged or
32	32	destroyed is a habitation and if the damage or destruction is caused
33	33	by a firearm or explosive weapon;
34	34	(C) less than $2,500, if the property was a fence
35	35	used for the production or containment of:
36	36	(i) cattle, bison, horses, sheep, swine,
37	37	goats, exotic livestock, or exotic poultry; or
38	38	(ii) game animals as that term is defined by
39	39	Section 63.001, Parks and Wildlife Code; or
40	40	(D) less than $30,000 and the actor:
41	41	(i) causes wholly or partly impairment or
42	42	interruption of property used for flood control purposes or a dam or
43	43	of public communications, public transportation, public gas [or
44	44	power] supply, or other public service; or
45	45	(ii) causes to be diverted wholly, partly,
46	46	or in any manner, including installation or removal of any device
47	47	for any such purpose, any public communications or public gas [or
48	48	power] supply;
49	49	(5) a felony of the third degree if:
50	50	(A) the amount of the pecuniary loss is $30,000
51	51	or more but less than $150,000;
52	52	(B) the actor, by discharging a firearm or other
53	53	weapon or by any other means, causes the death of one or more head of
54	54	cattle or bison or one or more horses; [or]
55	55	(C) the actor causes wholly or partly impairment
56	56	or interruption of access to an automated teller machine,
57	57	regardless of the amount of the pecuniary loss; or
58	58	(D) the amount of pecuniary loss is less than
59	59	$150,000 and the actor:
60	60	(i) causes wholly or partly impairment or
61	61	interruption of property used for public power supply; or
62	62	(ii) causes to be diverted wholly, partly,
63	63	or in any manner, including installation or removal of any device
64	64	for any such purpose, any public power supply;
65	65	(6) a felony of the second degree if the amount of
66	66	pecuniary loss is $150,000 or more but less than $300,000; or
67	67	(7) a felony of the first degree if the amount of
68	68	pecuniary loss is $300,000 or more.
69	69	SECTION 2. The change in law made by this Act applies only
70	70	to an offense committed on or after the effective date of this Act.
71	71	An offense committed before the effective date of this Act is
72	72	governed by the law in effect on the date the offense was committed,
73	73	and the former law is continued in effect for that purpose. For
74	74	purposes of this section, an offense was committed before the
75	75	effective date of this Act if any element of the offense occurred
76	76	before that date.
77	77	SECTION 3. This Act takes effect September 1, 2023.
78	78	______________________________ ______________________________
79	79	President of the Senate Speaker of the House
80	80	I certify that H.B. No. 1833 was passed by the House on May 5,
81	81	2023, by the following vote: Yeas 140, Nays 1, 1 present, not
82	82	voting; and that the House concurred in Senate amendments to H.B.
83	83	No. 1833 on May 25, 2023, by the following vote: Yeas 143, Nays 0,
84	84	2 present, not voting.
85	85	______________________________
86	86	Chief Clerk of the House
87	87	I certify that H.B. No. 1833 was passed by the Senate, with
88	88	amendments, on May 23, 2023, by the following vote: Yeas 31, Nays
89	89	0.
90	90	______________________________
91	91	Secretary of the Senate
92	92	APPROVED: __________________
93	93	Date
94	94	__________________
95	95	Governor