BILL ANALYSIS


                                                        H.B. 1957
                                                 By: Black (Sims)
                                                Natural Resources
                                                         05-10-95
                              Senate Committee Report (Unamended)
BACKGROUND

In 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 two 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 two 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 that livestock theft, no matter the value of
the stolen animal, should carry a third degree felony because
owners cannot constantly monitor livestock or 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

As proposed, H.B. 1957 provides for the punishment for the offense
of theft of cattle, horses, sheep, swine, goats, exotic livestock,
or exotic fowl.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 31.03, Penal Code, by amending Subsection
(e) and adding Subsection (g), as follows:

     (e) Provides that except as provided by Subsection (f), an
     offense under this section is:
     
     (4) a state jail felony if the value of the property stolen
       is $1,500 or more but less than $20,000, or the property is
       less than 10, rather than one or more, head of cattle,
       horses, or exotic livestock or exotic fowl, rather than
       sheep, swine, or goats, or any part thereof under the value
       of $20,000, or less than 100 head of sheep, swine, or goats,
       or any part thereof under the value of $20,000;
       
       (5) a felony of the third degree if the value of the
       property stolen is $20,000 or more but less than $100,000,
       or the property is:
       
       (A) 10 or more head of cattle, horses, or exotic livestock
         or exotic fowl stolen during a single transaction and
         having an aggregate value of less than $100,000; or
         
         (B) 100 or more head of sheep, swine, or goats stolen
         during a single transaction and having an aggregate value
         of less than $100,000.
         
         (g) Provides that, for the purposes of Subsection (a), a
     person is the owner of exotic livestock or exotic fowl only if
     the person qualifies to claim the animal under Section
     142.0021, Agriculture Code, if the animal is an estray.
     
     SECTION 2.     Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1995.

SECTION 4. Emergency clause.