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.