1 | 1 | | 89R5108 JDK-D |
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2 | 2 | | By: Plesa H.B. No. 1713 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to increasing the criminal penalty for the offense of |
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10 | 10 | | criminal mischief involving impairment of electric vehicle supply |
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11 | 11 | | equipment. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 28.03(b), Penal Code, is amended to read |
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14 | 14 | | as follows: |
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15 | 15 | | (b) Except as provided by Subsections (f) and (h), an |
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16 | 16 | | offense under this section is: |
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17 | 17 | | (1) a Class C misdemeanor if: |
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18 | 18 | | (A) the amount of pecuniary loss is less than |
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19 | 19 | | $100; or |
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20 | 20 | | (B) except as provided in Subdivision (3)(A) or |
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21 | 21 | | (3)(B), it causes substantial inconvenience to others; |
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22 | 22 | | (2) a Class B misdemeanor if the amount of pecuniary |
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23 | 23 | | loss is $100 or more but less than $750; |
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24 | 24 | | (3) a Class A misdemeanor if: |
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25 | 25 | | (A) the amount of pecuniary loss is $750 or more |
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26 | 26 | | but less than $2,500; or |
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27 | 27 | | (B) the actor causes in whole or in part |
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28 | 28 | | impairment or interruption of any public water supply, or causes to |
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29 | 29 | | be diverted in whole, in part, or in any manner, including |
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30 | 30 | | installation or removal of any device for any such purpose, any |
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31 | 31 | | public water supply, regardless of the amount of the pecuniary |
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32 | 32 | | loss; |
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33 | 33 | | (4) a state jail felony if the amount of pecuniary loss |
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34 | 34 | | is: |
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35 | 35 | | (A) $2,500 or more but less than $30,000; |
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36 | 36 | | (B) less than $2,500, if the property damaged or |
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37 | 37 | | destroyed is a habitation and if the damage or destruction is caused |
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38 | 38 | | by a firearm or explosive weapon; |
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39 | 39 | | (C) less than $2,500, if the property was a fence |
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40 | 40 | | used for the production or containment of: |
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41 | 41 | | (i) cattle, bison, horses, sheep, swine, |
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42 | 42 | | goats, exotic livestock, or exotic poultry; or |
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43 | 43 | | (ii) game animals as that term is defined by |
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44 | 44 | | Section 63.001, Parks and Wildlife Code; |
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45 | 45 | | (D) less than $30,000 and the actor: |
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46 | 46 | | (i) causes wholly or partly impairment or |
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47 | 47 | | interruption of property used for flood control purposes or a dam or |
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48 | 48 | | of public communications, public transportation, public gas |
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49 | 49 | | supply, or other public service; or |
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50 | 50 | | (ii) causes to be diverted wholly, partly, |
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51 | 51 | | or in any manner, including installation or removal of any device |
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52 | 52 | | for any such purpose, any public communications or public gas |
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53 | 53 | | supply; or |
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54 | 54 | | (E) less than $30,000, if the property is a motor |
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55 | 55 | | vehicle that is damaged, destroyed, or tampered with during the |
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56 | 56 | | removal or attempted removal of a catalytic converter from the |
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57 | 57 | | motor vehicle; |
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58 | 58 | | (5) a felony of the third degree if: |
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59 | 59 | | (A) the amount of the pecuniary loss is $30,000 |
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60 | 60 | | or more but less than $150,000; |
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61 | 61 | | (B) the actor, by discharging a firearm or other |
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62 | 62 | | weapon or by any other means, causes the death of one or more head of |
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63 | 63 | | cattle or bison or one or more horses; |
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64 | 64 | | (C) the actor causes wholly or partly impairment |
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65 | 65 | | or interruption of access to an automated teller machine, |
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66 | 66 | | regardless of the amount of the pecuniary loss; [or] |
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67 | 67 | | (D) the amount of pecuniary loss is less than |
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68 | 68 | | $150,000 and the actor: |
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69 | 69 | | (i) causes wholly or partly impairment or |
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70 | 70 | | interruption of property used for public power supply; or |
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71 | 71 | | (ii) causes to be diverted wholly, partly, |
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72 | 72 | | or in any manner, including installation or removal of any device |
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73 | 73 | | for any such purpose, any public power supply; or |
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74 | 74 | | (E) the actor causes wholly or partly impairment |
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75 | 75 | | or disruption to electric vehicle supply equipment as defined by |
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76 | 76 | | Section 2311.0101, Occupations Code, regardless of the amount of |
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77 | 77 | | pecuniary loss; |
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78 | 78 | | (6) a felony of the second degree if the amount of |
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79 | 79 | | pecuniary loss is $150,000 or more but less than $300,000; or |
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80 | 80 | | (7) a felony of the first degree if the amount of |
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81 | 81 | | pecuniary loss is $300,000 or more. |
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82 | 82 | | SECTION 2. The change in law made by this Act applies only |
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83 | 83 | | to an offense committed on or after the effective date of this Act. |
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84 | 84 | | An offense committed before the effective date of this Act is |
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85 | 85 | | governed by the law in effect on the date the offense was committed, |
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86 | 86 | | and the former law is continued in effect for that purpose. For |
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87 | 87 | | purposes of this section, an offense was committed before the |
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88 | 88 | | effective date of this Act if any element of the offense occurred |
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89 | 89 | | before that date. |
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90 | 90 | | SECTION 3. This Act takes effect September 1, 2025. |
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