1-1 By: Black, et al. (Senate Sponsor - Sims) H.B. No. 1957
1-2 (In the Senate - Received from the House April 18, 1995;
1-3 April 19, 1995, read first time and referred to Committee on
1-4 Natural Resources; May 10, 1995, reported favorably by the
1-5 following vote: Yeas 9, Nays 0; May 10, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the punishment for the offense of theft of cattle,
1-9 horses, sheep, swine, goats, exotic livestock, or exotic fowl.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 31.03, Penal Code, is amended by amending
1-12 Subsection (e) and adding Subsection (g) to read as follows:
1-13 (e) Except as provided by Subsection (f), an offense under
1-14 this section is:
1-15 (1) a Class C misdemeanor if the value of the property
1-16 stolen is less than $20;
1-17 (2) a Class B misdemeanor if:
1-18 (A) the value of the property stolen is $20 or
1-19 more but less than $500; or
1-20 (B) the value of the property stolen is less
1-21 than $20 and the defendant has previously been convicted of any
1-22 grade of theft;
1-23 (3) a Class A misdemeanor if the value of the property
1-24 stolen is $500 or more but less than $1,500;
1-25 (4) a state jail felony if:
1-26 (A) the value of the property stolen is $1,500
1-27 or more but less than $20,000, or the property is less than 10 <one
1-28 or more> head of cattle, horses, or exotic livestock or exotic fowl
1-29 as defined by Section 142.001, Agriculture Code, <sheep, swine, or
1-30 goats> or any part thereof under the value of $20,000, or less than
1-31 100 head of sheep, swine, or goats or any part thereof under the
1-32 value of $20,000;
1-33 (B) regardless of value, the property is stolen
1-34 from the person of another or from a human corpse or grave;
1-35 (C) the property stolen is a firearm, as defined
1-36 by Section 46.01; or
1-37 (D) the value of the property stolen is less
1-38 than $1,500 and the defendant has been previously convicted two or
1-39 more times of any grade of theft;
1-40 (5) a felony of the third degree if the value of the
1-41 property stolen is $20,000 or more but less than $100,000, or the
1-42 property is:
1-43 (A) 10 or more head of cattle, horses, or exotic
1-44 livestock or exotic fowl as defined by Section 142.001, Agriculture
1-45 Code, stolen during a single transaction and having an aggregate
1-46 value of less than $100,000; or
1-47 (B) 100 or more head of sheep, swine, or goats
1-48 stolen during a single transaction and having an aggregate value of
1-49 less than $100,000;
1-50 (6) a felony of the second degree if the value of the
1-51 property stolen is $100,000 or more but less than $200,000; or
1-52 (7) a felony of the first degree if the value of the
1-53 property stolen is $200,000 or more.
1-54 (g) For the purposes of Subsection (a), a person is the
1-55 owner of exotic livestock or exotic fowl as defined by Section
1-56 142.001, Agriculture Code, only if the person qualifies to claim
1-57 the animal under Section 142.0021, Agriculture Code, if the animal
1-58 is an estray.
1-59 SECTION 2. (a) The change in law made by this Act applies
1-60 only to an offense committed on or after the effective date of this
1-61 Act. For purposes of this section, an offense is committed before
1-62 the effective date of this Act if any element of the offense occurs
1-63 before the effective date.
1-64 (b) An offense committed before the effective date of this
1-65 Act is covered by the law in effect when the offense was committed,
1-66 and the former law is continued in effect for that purpose.
1-67 SECTION 3. This Act takes effect September 1, 1995.
1-68 SECTION 4. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *