By: De La Garza H.B. No. 29
72S40123 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of criminal mischief.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 28.03(b), Penal Code, is amended to read
1-5 as follows:
1-6 (b) Except as provided by Subsection (f), an offense under
1-7 this section is:
1-8 (1) a Class C misdemeanor if:
1-9 (A) the amount of pecuniary loss is less than
1-10 $20; or
1-11 (B) except as provided in Subdivision (4)(B) of
1-12 this subsection, it causes substantial inconvenience to others;
1-13 (2) a Class B misdemeanor if the amount of pecuniary
1-14 loss is $20 or more but less than $200;
1-15 (3) a Class A misdemeanor if the amount of pecuniary
1-16 loss is $200 or more but less than $750;
1-17 (4) a felony of the third degree if:
1-18 (A) the amount of pecuniary loss is $750 or more
1-19 but less than $20,000;
1-20 (B) <regardless of> the amount of pecuniary loss
1-21 is less than $20,000 and<,> the actor causes in whole or in part
1-22 impairment or interruption of public communications, public
1-23 transportation, public water, gas, or power supply, or other public
1-24 service, or diverts, or causes to be diverted in whole, in part, or
2-1 in any manner, including installation or removal of any device for
2-2 such purpose, any public communications, public water, gas, or
2-3 power supply;
2-4 (C) <regardless of> the amount of pecuniary loss
2-5 is less than $20,000 and<,> the property is one or more head of
2-6 cattle, horses, sheep, swine, or goats;
2-7 (D) <regardless of> the amount of pecuniary loss
2-8 is less than $20,000 and<,> the property was a fence used for the
2-9 production of cattle, horses, sheep, swine, or goats; <or>
2-10 (E) <regardless of> the amount of pecuniary loss
2-11 is less than $20,000 and<,> the damage or destruction was inflicted
2-12 by branding one or more head of cattle, horses, sheep, swine, or
2-13 goats; or
2-14 (F) the amount of pecuniary loss is less than
2-15 $20,000 and the damage or destruction was inflicted by an actor
2-16 using a firearm and the actor also used a motor vehicle in the
2-17 commission of or immediate flight following the commission of the
2-18 offense; or<.>
2-19 (5) a felony of the second degree if the amount of the
2-20 pecuniary loss is $20,000 or more.
2-21 SECTION 2. (a) The change in law made by this Act applies
2-22 only to an offense committed on or after the effective date of this
2-23 Act. For purposes of this section, an offense is committed before
2-24 the effective date of this Act if any element of the offense occurs
2-25 before the effective date.
2-26 (b) An offense committed before the effective date of this
2-27 Act is covered by the law in effect when the offense was committed,
3-1 and the former law is continued in effect for this purpose.
3-2 SECTION 3. This Act takes effect January 1, 1993.
3-3 SECTION 4. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended.