By Conley                                              H.B. No. 511
       74R2278 DD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to offenses involving threats, retaliation, and
    1-3  destruction of community property in which the victim is a member
    1-4  of the actor's family.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 22.07, Penal Code, is amended by amending
    1-7  Subsection (a) and adding Subsection (c) to read as follows:
    1-8        (a)  A person commits an offense if he threatens to commit
    1-9  any offense involving violence to any person, including a member of
   1-10  the actor's family, or property with intent to:
   1-11              (1)  cause a reaction of any type to his threat by an
   1-12  official or volunteer agency organized to deal with emergencies;
   1-13              (2)  place any person, including a member of the
   1-14  actor's family, in fear of imminent serious bodily injury; or
   1-15              (3)  prevent or interrupt the occupation or use of a
   1-16  building; room; place of assembly; place to which the public has
   1-17  access; place of employment or occupation; aircraft, automobile, or
   1-18  other form of conveyance; or other public place; or
   1-19              (4)  cause impairment or interruption of public
   1-20  communications, public transportation, public water, gas, or power
   1-21  supply or other public service.
   1-22        (c)  In this section, "family" has the meaning assigned by
   1-23  Section 71.01, Family Code.
   1-24        SECTION 2.  Sections 36.06(a) and (b), Penal Code, are
    2-1  amended to read as follows:
    2-2        (a)  A person commits an offense if he intentionally or
    2-3  knowingly harms or threatens to harm another person, including a
    2-4  member of the actor's family, by an unlawful act:
    2-5              (1)  in retaliation for or on account of the service of
    2-6  another person, including a member of the actor's family, as a
    2-7  public servant, witness, prospective witness, informant, or a
    2-8  person who has reported or who the actor knows intends to report
    2-9  the occurrence of a crime; or
   2-10              (2)  to prevent or delay the service of another person,
   2-11  including a member of the actor's family, as a public servant,
   2-12  witness, prospective witness, informant, or a person who has
   2-13  reported or who the actor knows intends to report the occurrence of
   2-14  a crime.
   2-15        (b)  For purposes of this section:
   2-16              (1)  "Informant"<, "informant"> means a person who has
   2-17  communicated information to the government in connection with any
   2-18  governmental function.
   2-19              (2)  "Family" has the meaning assigned by Section
   2-20  71.01, Family Code.
   2-21        SECTION 3.  Chapter 28, Penal Code, is amended by adding
   2-22  Section 28.031 to read as follows:
   2-23        Sec. 28.031.  DESTRUCTION OF COMMUNITY PROPERTY.  (a)  In
   2-24  this section:
   2-25              (1)  "Community property" means property characterized
   2-26  as community property under Section 5.01(b), Family Code.
   2-27              (2)  "Household" has the meaning assigned by Section
    3-1  71.01, Family Code.
    3-2        (b)  A person commits an offense if, without the effective
    3-3  consent of the person's spouse and with the intent to influence the
    3-4  spouse's behavior, the person knowingly:
    3-5              (1)  damages or destroys community property of the
    3-6  person and the person's spouse; or
    3-7              (2)  tampers with community property of the person and
    3-8  the person's spouse and causes pecuniary loss or substantial
    3-9  inconvenience to the person's spouse or a member of the person's
   3-10  household.
   3-11        (c)  If more than one item of community property is damaged,
   3-12  destroyed, or tampered with in violation of this section during one
   3-13  scheme or a continuing course of conduct, the conduct may be
   3-14  considered as one offense, and the amounts of the pecuniary loss to
   3-15  property resulting from the damage to, destruction of, or tampering
   3-16  with the property may be aggregated in determining the grade of the
   3-17  offense.
   3-18        (d)  An offense under this section is:
   3-19              (1)  a Class C misdemeanor if the amount of pecuniary
   3-20  loss is less than $20;
   3-21              (2)  a Class B misdemeanor if the amount of pecuniary
   3-22  loss is $20 or more but less than $500;
   3-23              (3)  a Class A misdemeanor if:
   3-24                    (A)  the amount of pecuniary loss is $500 or more
   3-25  but less than $1,500; or
   3-26                    (B)  the amount of pecuniary loss cannot be
   3-27  reasonably ascertained, but the actor causes substantial
    4-1  inconvenience to the actor's spouse or a member of the actor's
    4-2  household;
    4-3              (4)  a state jail felony if the amount of pecuniary
    4-4  loss is $1,500 or more but less than $20,000;
    4-5              (5)  a felony of the third degree if the amount of the
    4-6  pecuniary loss is $20,000 or more but less than $100,000;
    4-7              (6)  a felony of the second degree if the amount of
    4-8  pecuniary loss is $100,000 or more but less than $200,000; or
    4-9              (7)  a felony of the first degree if the amount of
   4-10  pecuniary loss is $200,000 or more.
   4-11        SECTION 4.  Sections 1 and 2 of this Act are not intended to
   4-12  change the law, but rather to clarify any ambiguity that may exist
   4-13  in the prosecution of offenses under Sections 22.07 and 36.06,
   4-14  Penal Code, as amended by this Act.
   4-15        SECTION 5.  Sections 1 and 2 of this Act take effect
   4-16  immediately.  Section 3 of this Act takes effect September 1, 1995.
   4-17        SECTION 6.  The importance of this legislation and the
   4-18  crowded condition of the calendars in both houses create an
   4-19  emergency and an imperative public necessity that the
   4-20  constitutional rule requiring bills to be read on three several
   4-21  days in each house be suspended, and this rule is hereby suspended,
   4-22  and that this Act take effect and be in force according to its
   4-23  terms, and it is so enacted.