Texas 2023 - 88th 4th C.S.

Texas Senate Bill SB46 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88S40293 SHH-D
2	2	By: Hall S.B. No. 46
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to increasing the criminal penalty for the offense of
8	8	criminal mischief involving tampering with a state-owned barrier or
9	9	part of a barrier used to prevent travel across the international
10	10	border of this state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 28.03, Penal Code, is amended by
13	13	amending Subsection (b) and adding Subsection (l) to read as
14	14	follows:
15	15	(b) Except as provided by Subsections (f), [and] (h), and
16	16	(l), an offense under this section is:
17	17	(1) a Class C misdemeanor if:
18	18	(A) the amount of pecuniary loss is less than
19	19	$100; or
20	20	(B) except as provided in Subdivision (3)(A) or
21	21	(3)(B), it causes substantial inconvenience to others;
22	22	(2) a Class B misdemeanor if the amount of pecuniary
23	23	loss is $100 or more but less than $750;
24	24	(3) a Class A misdemeanor if:
25	25	(A) the amount of pecuniary loss is $750 or more
26	26	but less than $2,500; or
27	27	(B) the actor causes in whole or in part
28	28	impairment or interruption of any public water supply, or causes to
29	29	be diverted in whole, in part, or in any manner, including
30	30	installation or removal of any device for any such purpose, any
31	31	public water supply, regardless of the amount of the pecuniary
32	32	loss;
33	33	(4) a state jail felony if the amount of pecuniary loss
34	34	is:
35	35	(A) $2,500 or more but less than $30,000;
36	36	(B) less than $2,500, if the property damaged or
37	37	destroyed is a habitation and if the damage or destruction is caused
38	38	by a firearm or explosive weapon;
39	39	(C) less than $2,500, if the property was a fence
40	40	used for the production or containment of:
41	41	(i) cattle, bison, horses, sheep, swine,
42	42	goats, exotic livestock, or exotic poultry; or
43	43	(ii) game animals as that term is defined by
44	44	Section 63.001, Parks and Wildlife Code;
45	45	(D) less than $30,000 and the actor:
46	46	(i) causes wholly or partly impairment or
47	47	interruption of property used for flood control purposes or a dam or
48	48	of public communications, public transportation, public gas
49	49	supply, or other public service; or
50	50	(ii) causes to be diverted wholly, partly,
51	51	or in any manner, including installation or removal of any device
52	52	for any such purpose, any public communications or public gas
53	53	supply; or
54	54	(E) less than $30,000, if the property is a motor
55	55	vehicle that is damaged, destroyed, or tampered with during the
56	56	removal or attempted removal of a catalytic converter from the
57	57	motor vehicle;
58	58	(5) a felony of the third degree if:
59	59	(A) the amount of the pecuniary loss is $30,000
60	60	or more but less than $150,000;
61	61	(B) the actor, by discharging a firearm or other
62	62	weapon or by any other means, causes the death of one or more head of
63	63	cattle or bison or one or more horses;
64	64	(C) the actor causes wholly or partly impairment
65	65	or interruption of access to an automated teller machine,
66	66	regardless of the amount of the pecuniary loss; or
67	67	(D) the amount of pecuniary loss is less than
68	68	$150,000 and the actor:
69	69	(i) causes wholly or partly impairment or
70	70	interruption of property used for public power supply; or
71	71	(ii) causes to be diverted wholly, partly,
72	72	or in any manner, including installation or removal of any device
73	73	for any such purpose, any public power supply;
74	74	(6) a felony of the second degree if the amount of
75	75	pecuniary loss is $150,000 or more but less than $300,000; or
76	76	(7) a felony of the first degree if the amount of
77	77	pecuniary loss is $300,000 or more.
78	78	(l) An offense under this section is a Class A misdemeanor
79	79	if:
80	80	(1) the real property or tangible personal property is
81	81	owned by the state and functions as a barrier or part of a barrier to
82	82	prevent travel across the international border of this state;
83	83	(2) the property is tampered with to a degree that the
84	84	actor is able to cause in whole or in part impairment or
85	85	interruption of the functioning of the barrier, regardless of the
86	86	amount of pecuniary loss; and
87	87	(3) the amount of any pecuniary loss to the property is
88	88	not more than $2,500.
89	89	SECTION 2. The change in law made by this Act applies only
90	90	to an offense committed on or after the effective date of this Act.
91	91	An offense committed before the effective date of this Act is
92	92	governed by the law in effect on the date the offense was committed,
93	93	and the former law is continued in effect for that purpose. For
94	94	purposes of this section, an offense was committed before the
95	95	effective date of this Act if any element of the offense occurred
96	96	before that date.
97	97	SECTION 3. This Act takes effect immediately if it receives
98	98	a vote of two-thirds of all the members elected to each house, as
99	99	provided by Section 39, Article III, Texas Constitution. If this
100	100	Act does not receive the vote necessary for immediate effect, this
101	101	Act takes effect on the 91st day after the last day of the
102	102	legislative session.