BILL ANALYSIS H.B. 302 By: Combs 5-3-95 Committee Report (Unamended) BACKGROUND Under current law, there is no penalty for cutting a fence that is used to protect livestock, even though the owner is liable for any damage resulting from the incident. PURPOSE This bill would make the act of cutting a fence used to protect livestock a Class A misdemeanor even if the amount of pecuniary loss is less than $1,500. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS Section 1. Section 28.03(b), Penal Code, is amended to read as follows: (b) An offense is a Class A misdemeanor even if the amount of pecuniary loss is less than $1,500 and the property was a fence used for the protection of cattle, horses, sheep, swine, or goats. Section 2. Effective Date: September 1, 1995. 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, and any offense committed before the effective date of this Act is covered by the law in effect when the offense was committed. SUMMARY OF COMMITTEE ACTION HB 302 was considered by the full committee in a public hearing on May 1, 1995. The bill was left pending. HB 302 was considered by the full committee in a public hearing on May 3, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 5 ayes, 0 nays, 0 pnv, and 4 absent.