By Serna H.B. No. 2430
74R6782 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of criminal mischief.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 28.03(b), Penal Code, is amended to read
1-5 as follows:
1-6 (b) Except as provided by Subsection (f), an offense under
1-7 this section is:
1-8 (1) <a Class C misdemeanor if:>
1-9 <(A) the amount of pecuniary loss is less than
1-10 $20; or>
1-11 <(B) except as provided in Subdivision (3)(B),
1-12 it causes substantial inconvenience to others;>
1-13 <(2) a Class B misdemeanor if the amount of pecuniary
1-14 loss is $20 or more but less than $500;>
1-15 <(3)> a Class A misdemeanor if:
1-16 (A) the amount of pecuniary loss is<:>
1-17 <(A) $500 or more but> less than $1,500; or
1-18 (B) <less than $1,500 and> the actor causes
1-19 substantial inconvenience to others <in whole or in part impairment
1-20 or interruption of public communications, public transportation,
1-21 public water, gas, or power supply, or other public service, or
1-22 causes to be diverted in whole, in part, or in any manner,
1-23 including installation or removal of any device for any such
1-24 purpose, any public communications, public water, gas, or power
2-1 supply>;
2-2 (2) <(4)> a state jail felony if the amount of
2-3 pecuniary loss is $1,500 or more but less than $20,000;
2-4 (3) <(5)> a felony of the third degree if the amount
2-5 of the pecuniary loss is $20,000 or more but less than $100,000;
2-6 (4) <(6)> a felony of the second degree if the amount
2-7 of pecuniary loss is $100,000 or more but less than $200,000; or
2-8 (5) <(7)> a felony of the first degree if the amount
2-9 of pecuniary loss is $200,000 or more.
2-10 SECTION 2. (a) The change in law made by this Act applies
2-11 only to an offense committed on or after the effective date of this
2-12 Act. For purposes of this section, an offense is committed before
2-13 the effective date of this Act if any element of the offense occurs
2-14 before the effective date.
2-15 (b) An offense committed before the effective date of this
2-16 Act is covered by the law in effect when the offense was committed,
2-17 and the former law is continued in effect for that purpose.
2-18 SECTION 3. This Act takes effect September 1, 1995.
2-19 SECTION 4. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended.