By Pickett                                       H.B. No. 260

      75R646 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to 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, Penal Code, is amended  by

 1-5     amending Subsection (a) and adding Subsection (g) to read as

 1-6     follows:

 1-7           (a)  A person commits an offense if, without the effective

 1-8     consent of the owner:

 1-9                 (1)  he intentionally or knowingly damages or destroys

1-10     the tangible property of the owner;

1-11                 (2)  he intentionally or knowingly tampers with the

1-12     tangible property of the owner and causes pecuniary loss or

1-13     substantial inconvenience to the owner or a third person; or

1-14                 (3)  he intentionally or knowingly places graffiti

1-15     [makes markings, including inscriptions, slogans, drawings, or

1-16     paintings,] on the tangible property of the owner.

1-17           (g)  In this section, "graffiti" means a word, figure, mark,

1-18     painting, covering, drawing, slogan, design, or other inscription.

1-19           SECTION 2.  (a)  The change in law made by this Act applies

1-20     only to an offense committed on or after the effective date of this

1-21     Act.  For purposes of this section, an offense is committed before

1-22     the effective date of this Act if any element of the offense occurs

1-23     before that date.

1-24           (b)  An offense committed before the effective date of this

 2-1     Act is covered by the law in effect when the offense was committed,

 2-2     and the former law is continued in effect for this purpose.

 2-3           SECTION 3.  This Act takes effect September 1, 1997.

 2-4           SECTION 4.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended.