By Black, et al. H.B. No. 1957
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of theft of cattle,
1-3 horses, sheep, swine, goats, exotic livestock, or exotic fowl.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.03, Penal Code, is amended by amending
1-6 Subsection (e) and adding Subsection (g) to read as follows:
1-7 (e) Except as provided by Subsection (f), an offense under
1-8 this section is:
1-9 (1) a Class C misdemeanor if the value of the property
1-10 stolen is less than $20;
1-11 (2) a Class B misdemeanor if:
1-12 (A) the value of the property stolen is $20 or
1-13 more but less than $500; or
1-14 (B) the value of the property stolen is less
1-15 than $20 and the defendant has previously been convicted of any
1-16 grade of theft;
1-17 (3) a Class A misdemeanor if the value of the property
1-18 stolen is $500 or more but less than $1,500;
1-19 (4) a state jail felony if:
1-20 (A) the value of the property stolen is $1,500
1-21 or more but less than $20,000, or the property is less than 10 <one
1-22 or more> head of cattle, horses, or exotic livestock or exotic fowl
1-23 as defined by Section 142.001, Agriculture Code, <sheep, swine, or
1-24 goats> or any part thereof under the value of $20,000, or less than
2-1 100 head of sheep, swine, or goats or any part thereof under the
2-2 value of $20,000;
2-3 (B) regardless of value, the property is stolen
2-4 from the person of another or from a human corpse or grave;
2-5 (C) the property stolen is a firearm, as defined
2-6 by Section 46.01; or
2-7 (D) the value of the property stolen is less
2-8 than $1,500 and the defendant has been previously convicted two or
2-9 more times of any grade of theft;
2-10 (5) a felony of the third degree if the value of the
2-11 property stolen is $20,000 or more but less than $100,000, or the
2-12 property is:
2-13 (A) 10 or more head of cattle, horses, or exotic
2-14 livestock or exotic fowl as defined by Section 142.001, Agriculture
2-15 Code, stolen during a single transaction and having an aggregate
2-16 value of less than $100,000; or
2-17 (B) 100 or more head of sheep, swine, or goats
2-18 stolen during a single transaction and having an aggregate value of
2-19 less than $100,000;
2-20 (6) a felony of the second degree if the value of the
2-21 property stolen is $100,000 or more but less than $200,000; or
2-22 (7) a felony of the first degree if the value of the
2-23 property stolen is $200,000 or more.
2-24 (g) For the purposes of Subsection (a), a person is the
2-25 owner of exotic livestock or exotic fowl as defined by Section
2-26 142.001, Agriculture Code, only if the person qualifies to claim
2-27 the animal under Section 142.0021, Agriculture Code, if the animal
3-1 is an estray.
3-2 SECTION 2. (a) The change in law made by this Act applies
3-3 only to an offense committed on or after the effective date of this
3-4 Act. For purposes of this section, an offense is committed before
3-5 the effective date of this Act if any element of the offense occurs
3-6 before the effective date.
3-7 (b) An offense committed before the effective date of this
3-8 Act is covered by the law in effect when the offense was committed,
3-9 and the former law is continued in effect for that purpose.
3-10 SECTION 3. This Act takes effect September 1, 1995.
3-11 SECTION 4. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.