Texas 2025 - 89th Regular

Texas Senate Bill SB988 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt S.B. No. 988
2		-
3		-
	2	+	(In the Senate - Filed January 29, 2025; February 13, 2025,
	3	+	read first time and referred to Committee on Criminal Justice;
	4	+	March 19, 2025, reported favorably by the following vote: Yeas 7,
	5	+	Nays 0; March 19, 2025, sent to printer.)
	6	+	Click here to see the committee vote
4	7
5	8
6	9		A BILL TO BE ENTITLED
7	10		AN ACT
8	11		relating to increasing the criminal penalty for the offense of
9		-	criminal mischief involving impairment of a motor fuel pump or
10		-	electric vehicle charging station.
	12	+	criminal mischief involving impairment of a motor fuel pump.
11	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	14		SECTION 1. Section 28.03(b), Penal Code, is amended to read
13	15		as follows:
14	16		(b) Except as provided by Subsections (f) and (h), an
15	17		offense under this section is:
16	18		(1) a Class C misdemeanor if:
17	19		(A) the amount of pecuniary loss is less than
18	20		$100; or
19	21		(B) except as provided in Subdivision (3)(A) or
20	22		(3)(B), it causes substantial inconvenience to others;
21	23		(2) a Class B misdemeanor if the amount of pecuniary
22	24		loss is $100 or more but less than $750;
23	25		(3) a Class A misdemeanor if:
24	26		(A) the amount of pecuniary loss is $750 or more
25	27		but less than $2,500; or
26	28		(B) the actor causes in whole or in part
27	29		impairment or interruption of any public water supply, or causes to
28	30		be diverted in whole, in part, or in any manner, including
29	31		installation or removal of any device for any such purpose, any
30	32		public water supply, regardless of the amount of the pecuniary
31	33		loss;
32	34		(4) a state jail felony if the amount of pecuniary loss
33	35		is:
34	36		(A) $2,500 or more but less than $30,000;
35	37		(B) less than $2,500, if the property damaged or
36	38		destroyed is a habitation and if the damage or destruction is caused
37	39		by a firearm or explosive weapon;
38	40		(C) less than $2,500, if the property was a fence
39	41		used for the production or containment of:
40	42		(i) cattle, bison, horses, sheep, swine,
41	43		goats, exotic livestock, or exotic poultry; or
42	44		(ii) game animals as that term is defined by
43	45		Section 63.001, Parks and Wildlife Code;
44	46		(D) less than $30,000 and the actor:
45	47		(i) causes wholly or partly impairment or
46	48		interruption of property used for flood control purposes or a dam or
47	49		of public communications, public transportation, public gas
48	50		supply, or other public service; or
49	51		(ii) causes to be diverted wholly, partly,
50	52		or in any manner, including installation or removal of any device
51	53		for any such purpose, any public communications or public gas
52	54		supply; or
53	55		(E) less than $30,000, if the property is a motor
54	56		vehicle that is damaged, destroyed, or tampered with during the
55	57		removal or attempted removal of a catalytic converter from the
56	58		motor vehicle;
57	59		(5) a felony of the third degree if:
58	60		(A) the amount of the pecuniary loss is $30,000
59	61		or more but less than $150,000;
60	62		(B) the actor, by discharging a firearm or other
61	63		weapon or by any other means, causes the death of one or more head of
62	64		cattle or bison or one or more horses;
63	65		(C) the actor causes wholly or partly impairment
64	66		or interruption of access to an automated teller machine,
65	67		regardless of the amount of the pecuniary loss; [or]
66	68		(D) the amount of pecuniary loss is less than
67	69		$150,000 and the actor:
68	70		(i) causes wholly or partly impairment or
69	71		interruption of property used for public power supply; or
70	72		(ii) causes to be diverted wholly, partly,
71	73		or in any manner, including installation or removal of any device
72	74		for any such purpose, any public power supply; or
73	75		(E) the actor causes wholly or partly impairment
74		-	or disruption to a retail motor fuel pump ~~or electric vehicle~~
75		-	~~charging station, regardless of the amount~~ of pecuniary loss;
	76	+	or disruption to a retail motor fuel pump, regardless of the amount
	77	+	of pecuniary loss;
76	78		(6) a felony of the second degree if the amount of
77	79		pecuniary loss is $150,000 or more but less than $300,000; or
78	80		(7) a felony of the first degree if the amount of
79	81		pecuniary loss is $300,000 or more.
80		-	SECTION 2. Section 28.03(g), Penal Code, is amended by
81		-	adding Subdivisions (10) and (11) to read as follows:
82		-	(10) "Retail motor fuel pump" means a device or
83		-	equipment at a retail facility designed for dispensing motor fuel
84		-	as defined by Section 162.001, Tax Code.
85		-	(11) "Electric vehicle charging station" means any
86		-	equipment, structure, or facility designed and used for the purpose
87		-	of charging electric vehicles, including Level 1, Level 2, and DC
88		-	fast charging stations, whether publicly or privately owned. The
89		-	term includes any electrical infrastructure directly supporting
90		-	the operation of the charging station.
91		-	SECTION 3. The change in law made by this Act applies only
	82	+	SECTION 2. The change in law made by this Act applies only
92	83		to an offense committed on or after the effective date of this Act.
93	84		An offense committed before the effective date of this Act is
94	85		governed by the law in effect on the date the offense was committed,
95	86		and the former law is continued in effect for that purpose. For
96	87		purposes of this section, an offense was committed before the
97	88		effective date of this Act if any element of the offense occurred
98	89		before that date.
99		-	SECTION 4. This Act takes effect September 1, 2025.
	90	+	SECTION 3. This Act takes effect September 1, 2025.
	91	+	* * * * *