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.