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.