By Combs, Black, et al.                                H.B. No. 302
       74R2144 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of criminal mischief.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 28.03(b), Penal Code, is amended to read
    1-5  as follows:
    1-6        (b)  Except as provided by Subsection (f), an offense under
    1-7  this section is:
    1-8              (1)  a Class C misdemeanor if:
    1-9                    (A)  the amount of pecuniary loss is less than
   1-10  $20; or
   1-11                    (B)  except as provided in Subdivision (3)(B), it
   1-12  causes substantial inconvenience to others;
   1-13              (2)  a Class B misdemeanor if the amount of pecuniary
   1-14  loss is $20 or more but less than $500;
   1-15              (3)  a Class A misdemeanor if the amount of pecuniary
   1-16  loss is:
   1-17                    (A)  $500 or more but less than $1,500; <or>
   1-18                    (B)  less than $1,500 and the actor causes in
   1-19  whole or in part impairment or interruption of public
   1-20  communications, public transportation, public water, gas, or power
   1-21  supply, or other public service, or causes to be diverted in whole,
   1-22  in part, or in any manner, including installation or removal of any
   1-23  device for any such purpose, any public communications, public
   1-24  water, gas, or power supply; or
    2-1                    (C)  less than $1,500 and the property was a
    2-2  fence used for the protection of cattle, horses, sheep, swine, or
    2-3  goats;
    2-4              (4)  a state jail felony if the amount of pecuniary
    2-5  loss is $1,500 or more but less than $20,000;
    2-6              (5)  a felony of the third degree if the amount of the
    2-7  pecuniary loss is $20,000 or more but less than $100,000;
    2-8              (6)  a felony of the second degree if the amount of
    2-9  pecuniary loss is $100,000 or more but less than $200,000; or
   2-10              (7)  a felony of the first degree if the amount of
   2-11  pecuniary loss is $200,000 or more.
   2-12        SECTION 2.  This Act takes effect September 1, 1995.
   2-13        SECTION 3.  (a)  The change in law made by this Act applies
   2-14  only to an offense committed on or after the effective date of this
   2-15  Act.  For purposes of this section, an offense is committed before
   2-16  the effective date of this Act if any element of the offense occurs
   2-17  before that date.
   2-18        (b)  An offense committed before the effective date of this
   2-19  Act is covered by the law in effect when the offense was committed,
   2-20  and the former law is continued in effect for that purpose.
   2-21        SECTION 4.  The importance of this legislation and the
   2-22  crowded condition of the calendars in both houses create an
   2-23  emergency and an imperative public necessity that the
   2-24  constitutional rule requiring bills to be read on three several
   2-25  days in each house be suspended, and this rule is hereby suspended.