By Solomons H.B. No. 2484
74R5310 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for misdemeanor theft.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.03(e), Penal Code, is amended to read
1-5 as follows:
1-6 (e) Except as provided by Subsection (f), an offense under
1-7 this section is:
1-8 (1) a Class C misdemeanor if the value of the property
1-9 stolen is less than:
1-10 (A) $50 <$20>; or
1-11 (B) $20 and the defendant obtained the property
1-12 by issuing or passing a check or similar sight order in a manner
1-13 described by Section 31.06;
1-14 (2) a Class B misdemeanor if:
1-15 (A) the value of the property stolen is:
1-16 (i) $50 <$20> or more but less than $500;
1-17 or
1-18 (ii) $20 or more but less than $500 and
1-19 the defendant obtained the property by issuing or passing a check
1-20 or similar sight order in a manner described by Section 31.06; or
1-21 (B) the value of the property stolen is less
1-22 than:
1-23 (i) $50 <$20> and the defendant has
1-24 previously been convicted of any grade of theft; or
2-1 (ii) $20, the defendant has previously
2-2 been convicted of any grade of theft, and the defendant obtained
2-3 the property by issuing or passing a check or similar sight order
2-4 in a manner described by Section 31.06;
2-5 (3) a Class A misdemeanor if the value of the property
2-6 stolen is $500 or more but less than $1,500;
2-7 (4) a state jail felony if:
2-8 (A) the value of the property stolen is $1,500
2-9 or more but less than $20,000, or the property is one or more head
2-10 of cattle, horses, sheep, swine, or goats or any part thereof under
2-11 the value of $20,000;
2-12 (B) regardless of value, the property is stolen
2-13 from the person of another or from a human corpse or grave;
2-14 (C) the property stolen is a firearm, as defined
2-15 by Section 46.01; or
2-16 (D) the value of the property stolen is less
2-17 than $1,500 and the defendant has been previously convicted two or
2-18 more times of any grade of theft;
2-19 (5) a felony of the third degree if the value of the
2-20 property stolen is $20,000 or more but less than $100,000;
2-21 (6) a felony of the second degree if the value of the
2-22 property stolen is $100,000 or more but less than $200,000; or
2-23 (7) a felony of the first degree if the value of the
2-24 property stolen is $200,000 or more.
2-25 SECTION 2. (a) The change in law made by this Act applies
2-26 only to an offense committed on or after the effective date of this
2-27 Act. For purposes of this section, an offense is committed before
3-1 the effective date of this Act if any element of the offense occurs
3-2 before the effective date.
3-3 (b) An offense committed before the effective date of this
3-4 Act is covered by the law in effect when the offense was committed,
3-5 and the former law is continued in effect for this purpose.
3-6 SECTION 3. This Act takes effect September 1, 1995.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.