89R11435 JRR-D
By: Shaheen H.B. No. 4133
A BILL TO BE ENTITLED
AN ACT
relating to the offense of criminal mischief involving the damage
or destruction of a monument or memorial.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.03, Penal Code, is amended by
amending Subsection (f) and adding Subsection (l) to read as
follows:
(f) An offense under this section is a state jail felony if:
(1) the damage or destruction is inflicted on a place
of worship or human burial, a [public] monument or memorial, or a
community center that provides medical, social, or educational
programs; and
(2) the amount of the pecuniary loss to real property
or to tangible personal property is $750 or more but less than
$30,000.
(l) An offense under this section involving the damage or
destruction of a monument or memorial is an offense involving moral
turpitude.
SECTION 2. Section 28.03(g), Penal Code, is amended by
adding Subdivision (10) to read as follows:
(10) "Monument or memorial" means a permanent
monument, memorial, or other designation, including a statue,
portrait, plaque, seal, symbol, cenotaph, or name of a building,
bridge, street or highway, park, or area, that honors an event or
person of historical significance.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2025.