By Black                                              H.B. No. 1957
       74R7391 GWK-F
                                 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 one or more head
   1-22  of cattle, horses, sheep, swine, or goats or any part thereof under
   1-23  the value of $20,000>;
   1-24                    (B)  regardless of value, the property is stolen
    2-1  from the person of another or from a human corpse or grave;
    2-2                    (C)  the property stolen is a firearm, as defined
    2-3  by Section 46.01; or
    2-4                    (D)  the value of the property stolen is less
    2-5  than $1,500 and the defendant has been previously convicted two or
    2-6  more times of any grade of theft;
    2-7              (5)  a felony of the third degree if the value of the
    2-8  property stolen is $20,000 or more but less than $100,000, or the
    2-9  property is one or more head of cattle, horses, sheep, swine, or
   2-10  goats, or exotic livestock or exotic fowl as defined by Section
   2-11  142.001, Agriculture Code, or any part of those animals under the
   2-12  value of $100,000;
   2-13              (6)  a felony of the second degree if the value of the
   2-14  property stolen is $100,000 or more but less than $200,000; or
   2-15              (7)  a felony of the first degree if the value of the
   2-16  property stolen is $200,000 or more.
   2-17        (g)  For the purposes of Subsection (a), a person is the
   2-18  owner of exotic livestock or exotic fowl as defined by Section
   2-19  142.001, Agriculture Code, only if the person qualifies to claim
   2-20  the animal under Section 142.0021, Agriculture Code, if the animal
   2-21  is an estray.
   2-22        SECTION 2.  (a)  The change in law made by this Act applies
   2-23  only to an offense committed on or after the effective date of this
   2-24  Act.  For purposes of this section, an offense is committed before
   2-25  the effective date of this Act if any element of the offense occurs
   2-26  before the effective date.
   2-27        (b)  An offense committed before the effective date of this
    3-1  Act is covered by the law in effect when the offense was committed,
    3-2  and the former law is continued in effect for that purpose.
    3-3        SECTION 3.  This Act takes effect September 1, 1995.
    3-4        SECTION 4.  The importance of this legislation and the
    3-5  crowded condition of the calendars in both houses create an
    3-6  emergency and an imperative public necessity that the
    3-7  constitutional rule requiring bills to be read on three several
    3-8  days in each house be suspended, and this rule is hereby suspended.