Amend CSSB 758 as follows:
      (1)  Strike SECTION 1 of the bill.
      (2)  Insert the following new SECTIONS to read as follows:
      SECTION ____.  Section 28.03(a), Penal Code, is amended to
read as follows:
      (a)  A person commits an offense if, without the effective
consent of the owner:
            (1)  he intentionally or knowingly damages or destroys
the tangible property of the owner;
            (2)  he intentionally or knowingly tampers with the
tangible property of the owner and causes pecuniary loss or
substantial inconvenience to the owner or a third person; or
            (3)  he intentionally or knowingly makes markings,
including inscriptions, slogans, drawings, or paintings, other than
graffiti, on the tangible property of the owner.
      SECTION ____.  Chapter 28, Penal Code, is amended by adding
Section 28.08 to read as follows:
      Sec. 28.08.  GRAFFITI.  (a)  A person commits an offense if,
without the effective consent of the owner, the person
intentionally or knowingly places graffiti on the tangible property
of the owner.
      (b)  In this section, "graffiti" means a word, figure, mark,
painting, covering, drawing, slogan, design, etching, or other
inscription.
      (c)  When more than one item of tangible property, belonging
to one or more owners, is property on which graffiti is placed in
violation of this section pursuant to one scheme or continuing
course of conduct, the conduct may be considered as one offense,
and the amounts of pecuniary loss to property resulting from the
placement of the graffiti may be aggregated in determining the
grade of the offense.
      (d)  Except as provided by Subsection (e), an offense under
this section is:
            (1)  a Class B misdemeanor if the amount of pecuniary
loss is less than $20;
            (2)  a Class A misdemeanor if the amount of pecuniary
loss is $20 or more but less than $500;
            (3)  a state jail felony if the amount of pecuniary
loss is $500 or more but less than $1,500;
            (4)  a felony of the third degree if the amount of the
pecuniary loss is $1,500 or more but less than $20,000;
            (5)  a felony of the second degree if the amount of
pecuniary loss is $20,000 or more but less than $100,000; or
            (6)  a felony of the first degree if the amount of
pecuniary loss is $100,000 or more.
      (e)  An offense under this section is a state jail felony if
the graffiti is placed on a place of worship or human burial, a
public monument, or community center that provides medical, social,
or educational programs and the amount of the pecuniary loss to
real property or to tangible personal property is less than $1,500.
      (3)  Strike "28.03(a)(3), Penal Code" everywhere it appears
and substitute "28.08, Penal Code".