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.