By Jackson H.B. No. 431
74R254 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of theft.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.03, Penal Code, is amended by adding a
1-5 new Subsection (d) and relettering and amending existing
1-6 Subsections (d)-(f) as Subsections (e)-(g) to read as follows:
1-7 (d) A person's intent to deprive an owner of property may be
1-8 shown by evidence that the person concealed or attempted to conceal
1-9 the property.
1-10 (e) It is not a defense to prosecution under this section
1-11 that:
1-12 (1) the offense occurred as a result of a deception or
1-13 strategy on the part of a law enforcement agency, including the use
1-14 of an undercover operative or peace officer;
1-15 (2) the actor was provided by a law enforcement agency
1-16 with a facility in which to commit the offense or an opportunity to
1-17 engage in conduct constituting the offense; or
1-18 (3) the actor was solicited to commit the offense by a
1-19 peace officer, and the solicitation was of a type that would
1-20 encourage a person predisposed to commit the offense to actually
1-21 commit the offense, but would not encourage a person not
1-22 predisposed to commit the offense to actually commit the offense.
1-23 (f) <(e)> Except as provided by Subsection (g) <(f)>, an
1-24 offense under this section is:
2-1 (1) a Class C misdemeanor if the value of the property
2-2 stolen is less than $20;
2-3 (2) a Class B misdemeanor if:
2-4 (A) the value of the property stolen is $20 or
2-5 more but less than $500; or
2-6 (B) the value of the property stolen is less
2-7 than $20 and the defendant has previously been convicted of any
2-8 grade of theft;
2-9 (3) a Class A misdemeanor if the value of the property
2-10 stolen is $500 or more but less than $1,500;
2-11 (4) a state jail felony if:
2-12 (A) the value of the property stolen is $1,500
2-13 or more but less than $20,000, or the property is one or more head
2-14 of cattle, horses, sheep, swine, or goats or any part thereof under
2-15 the value of $20,000;
2-16 (B) regardless of value, the property is stolen
2-17 from the person of another or from a human corpse or grave;
2-18 (C) the property stolen is a firearm, as defined
2-19 by Section 46.01; or
2-20 (D) the value of the property stolen is less
2-21 than $1,500 and the defendant has been previously convicted two or
2-22 more times of any grade of theft;
2-23 (5) a felony of the third degree if the value of the
2-24 property stolen is $20,000 or more but less than $100,000;
2-25 (6) a felony of the second degree if the value of the
2-26 property stolen is $100,000 or more but less than $200,000; or
2-27 (7) a felony of the first degree if the value of the
3-1 property stolen is $200,000 or more.
3-2 (g) <(f)> An offense described for purposes of punishment by
3-3 Subsections (f)<(e)>(1)-(6) is increased to the next higher
3-4 category of offense if it is shown on the trial of the offense
3-5 that:
3-6 (1) the actor was a public servant at the time of the
3-7 offense; and
3-8 (2) the property appropriated came into the actor's
3-9 custody, possession, or control by virtue of his status as a public
3-10 servant.
3-11 SECTION 2. This Act takes effect September 1, 1995, and the
3-12 change in law made by this Act applies only to an offense that
3-13 occurs on or after that date. An offense occurs on or after the
3-14 effective date of this Act if every element of the offense occurs
3-15 on or after that date.
3-16 SECTION 3. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.