|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the punishment for certain theft offenses. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 31.03(e), Penal Code, is amended to read |
|
as follows: |
|
(e) Except as provided by Subsections (f) and (f-1), an |
|
offense under this section is: |
|
(1) a Class C misdemeanor if the value of the property |
|
stolen is less than $100; |
|
(2) a Class B misdemeanor if: |
|
(A) the value of the property stolen is $100 or |
|
more but less than $300 [$750]; |
|
(B) the value of the property stolen is less than |
|
$100 and the defendant has previously been convicted of any grade of |
|
theft; or |
|
(C) the property stolen is a driver's license, |
|
commercial driver's license, or personal identification |
|
certificate issued by this state or another state; |
|
(3) a Class A misdemeanor if the value of the property |
|
stolen is $300 [$750] or more but less than $750 [$2,500]; |
|
(4) a state jail felony if: |
|
(A) the value of the property stolen is $750 |
|
[$2,500] or more but less than $30,000, or the property is less than |
|
10 head of sheep, swine, or goats or any part thereof under the |
|
value of $30,000; |
|
(B) regardless of value, the property is stolen |
|
from the person of another or from a human corpse or grave, |
|
including property that is a military grave marker; |
|
(C) the property stolen is a firearm; |
|
(D) the value of the property stolen is less than |
|
$750 [$2,500] and the defendant has been previously convicted two |
|
or more times of any grade of theft; |
|
(E) the property stolen is an official ballot or |
|
official carrier envelope for an election; |
|
(F) the value of the property stolen is less than |
|
$30,000 [$20,000] and the property stolen is: |
|
(i) aluminum; |
|
(ii) bronze; |
|
(iii) copper; or |
|
(iv) brass; or |
|
(G) the cost of replacing the property stolen is |
|
less than $30,000 and the property stolen is a catalytic converter; |
|
(5) a felony of the third degree if the value of the |
|
property stolen is $30,000 or more but less than $150,000, or the |
|
property is: |
|
(A) cattle, horses, or exotic livestock or exotic |
|
fowl as defined by Section 142.001, Agriculture Code, stolen during |
|
a single transaction and having an aggregate value of less than |
|
$150,000; |
|
(B) 10 or more head of sheep, swine, or goats |
|
stolen during a single transaction and having an aggregate value of |
|
less than $150,000; or |
|
(C) a controlled substance, having a value of |
|
less than $150,000, if stolen from: |
|
(i) a commercial building in which a |
|
controlled substance is generally stored, including a pharmacy, |
|
clinic, hospital, nursing facility, or warehouse; or |
|
(ii) a vehicle owned or operated by a |
|
wholesale distributor of prescription drugs; |
|
(6) a felony of the second degree if: |
|
(A) the value of the property stolen is $150,000 |
|
or more but less than $300,000; or |
|
(B) the value of the property stolen is less than |
|
$300,000 and the property stolen is an automated teller machine or |
|
the contents or components of an automated teller machine; or |
|
(7) a felony of the first degree if the value of the |
|
property stolen is $300,000 or more. |
|
SECTION 2. Section 31.04(e), Penal Code, is amended to read |
|
as follows: |
|
(e) An offense under this section is: |
|
(1) a Class C misdemeanor if the value of the service |
|
stolen is less than $100; |
|
(2) a Class B misdemeanor if the value of the service |
|
stolen is $100 or more but less than $300 [$750]; |
|
(3) a Class A misdemeanor if the value of the service |
|
stolen is $300 [$750] or more but less than $750 [$2,500]; |
|
(4) a state jail felony if the value of the service |
|
stolen is $750 [$2,500] or more but less than $30,000; |
|
(5) a felony of the third degree if the value of the |
|
service stolen is $30,000 or more but less than $150,000; |
|
(6) a felony of the second degree if the value of the |
|
service stolen is $150,000 or more but less than $300,000; or |
|
(7) a felony of the first degree if the value of the |
|
service stolen is $300,000 or more. |
|
SECTION 3. Section 31.16(c), Penal Code, is amended to read |
|
as follows: |
|
(c) An offense under this section is: |
|
(1) a Class C misdemeanor if the total value of the |
|
merchandise involved in the activity is less than $100; |
|
(2) a Class B misdemeanor if the total value of the |
|
merchandise involved in the activity is $100 or more but less than |
|
$300 [$750]; |
|
(3) a Class A misdemeanor if the total value of the |
|
merchandise involved in the activity is $300 [$750] or more but less |
|
than $750 [$2,500]; |
|
(4) a state jail felony if the total value of the |
|
merchandise involved in the activity is $750 [$2,500] or more but |
|
less than $30,000; |
|
(5) a felony of the third degree if the total value of |
|
the merchandise involved in the activity is $30,000 or more but less |
|
than $150,000; |
|
(6) a felony of the second degree if the total value of |
|
the merchandise involved in the activity is $150,000 or more but |
|
less than $300,000; or |
|
(7) a felony of the first degree if the total value of |
|
the merchandise involved in the activity is $300,000 or more. |
|
SECTION 4. The changes in law made by this Act apply 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 5. This Act takes effect September 1, 2025. |