BILL ANALYSIS



H.B. 1957
By: Layton Black
03-14-95
Committee Report (Unamended)


BACKGROUND

In 1993, during the 73rd Legislature, the Penal Code was recodified
and the theft of livestock under the value of $20,000 per head was
downgraded from a third degree felony to a state jail felony.  A
third degree felony is punishable by an institutional division
prison term between 2 and 10 years and a fine not to exceed
$10,000.  A state jail felony is punishable by a state jail term
between 180 days and 2 years and a fine not to exceed $10,000
unless a deadly weapon was used in the offense or the person had
previously been convicted of a felony.  

Livestock owners feel livestock theft, no matter the value of the
stolen animal, should carry a third degree felony because owners
cannot constantly monitor livestock and cannot keep thieves from
simply cutting a fence to access the animals.  The stiff penalty of
a third degree felony discourages thieves from engaging in
livestock theft.  

PURPOSE

The purpose of this legislation is to establish the theft of
livestock as a third degree felony. 

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 31.03, Penal Code, is amended by amending
Subsection (e) and adding Subsection (g).

     (e)  Deletes language that establishes the theft of livestock
that is under the value of    $20,000 as a state jail felony.  Sets
forth that the theft of livestock under the value of   $100,000 per
head is a third degree felony.

     (g)  Provides that for protection under the theft law as set
out in Section 31.03, Penal   Code, an owner of exotic livestock or
exotic fowl must tag, brand, band, or mark the    livestock in
another conspicuous manner.

SECTION 2.  This Act applies only to an offense committed on or
after the effective date of this Act.  

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.


SUMMARY OF COMMITTEE ACTION

H.B. 1957 was considered by the committee in a public hearing on
March 14, 1995.



The following persons testified in favor of the bill:

     Mr. Charles Carter, representing himself and the Independent
Cattlemen's Association of    Texas; and

     Mr. Durwood Tucker, representing the Texas Farm Bureau.
 
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
8 ayes, 0 nays, 0 pnv, and 1 absent.