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.