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.