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.