By Keel                                          H.B. No. 700

      75R4211 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the punishment for the offense of 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)  $20 [$50]; or

1-11                       (B)  $10 [$20] and the defendant obtained the

1-12     property by issuing or passing a check or similar sight order in a

1-13     manner 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)  $20 [$50] or more but less than $500;

1-17     or

1-18                             (ii)  $10 [$20] or more but less than $500

1-19     and the defendant obtained the property by issuing or passing a

1-20     check or similar sight order in a manner described by Section

1-21     31.06;  or

1-22                       (B)  the value of the property stolen is less

1-23     than:

1-24                             (i)  $20 [$50] and the defendant has

 2-1     previously been convicted of any grade of theft;  or

 2-2                             (ii)  $10 [$20], the defendant has

 2-3     previously been convicted of any grade of theft, and the defendant

 2-4     obtained the property by issuing or passing a check or similar

 2-5     sight order in a manner described by Section 31.06;

 2-6                 (3)  a Class A misdemeanor if the value of the property

 2-7     stolen is $500 or more but less than $1,500;

 2-8                 (4)  a state jail felony if:

 2-9                       (A)  the value of the property stolen is $1,500

2-10     or more but less than $20,000, or the property is less than 10 head

2-11     of cattle, horses, or exotic livestock or exotic fowl as defined by

2-12     Section 142.001, Agriculture Code, or any part thereof under the

2-13     value of $20,000, or less than 100 head of sheep, swine, or goats

2-14     or any part thereof under the value of $20,000;

2-15                       (B)  regardless of value, the property is stolen

2-16     from the person of another or from a human corpse or grave;

2-17                       (C)  the property stolen is a firearm, as defined

2-18     by Section 46.01;  or

2-19                       (D)  the value of the property stolen is less

2-20     than $1,500 and the defendant has been previously convicted two or

2-21     more times of any grade of theft;

2-22                 (5)  a felony of the third degree if the value of the

2-23     property stolen is $20,000 or more but less than $100,000, or the

2-24     property is:

2-25                       (A)  10 or more head of cattle, horses, or exotic

2-26     livestock or exotic fowl as defined by  Section 142.001,

2-27     Agriculture Code, stolen during a single transaction and having an

 3-1     aggregate value of less than $100,000;  or

 3-2                       (B)  100 or more head of sheep, swine, or goats

 3-3     stolen during a single transaction and having an aggregate value of

 3-4     less than $100,000;

 3-5                 (6)  a felony of the second degree if the value of the

 3-6     property stolen is $100,000 or more but less than $200,000;  or

 3-7                 (7)  a felony of the first degree if the value of the

 3-8     property stolen is $200,000 or more.

 3-9           SECTION 2.  (a)  The change in law made by this Act applies

3-10     only to an offense committed on or after the effective date of this

3-11     Act.  For purposes of this section, an offense is committed before

3-12     the effective date of this Act if any element of the offense occurs

3-13     before the effective date.

3-14           (b)  An offense committed before the effective date of this

3-15     Act is covered by the law in effect when the offense was committed,

3-16     and the former law is continued in effect for that purpose.

3-17           SECTION 3.  This Act takes effect September 1, 1997.

3-18           SECTION 4.  The importance of this legislation and the

3-19     crowded condition of the calendars in both houses create an

3-20     emergency and an imperative public necessity that the

3-21     constitutional rule requiring bills to be read on three several

3-22     days in each house be suspended, and this rule is hereby suspended.