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.