By Smith H.B. No. 1246
75R4935 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for certain offenses involving vehicles.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 30.04(c), Penal Code, is amended to read
1-5 as follows:
1-6 (c) An offense under this section is a state jail felony
1-7 [Class A misdemeanor].
1-8 SECTION 2. Section 31.03(e), Penal Code, is amended to read
1-9 as follows:
1-10 (e) Except as provided by Subsection (f), an offense under
1-11 this section is:
1-12 (1) a Class C misdemeanor if the value of the property
1-13 stolen is less than:
1-14 (A) $50; or
1-15 (B) $20 and the defendant obtained the property
1-16 by issuing or passing a check or similar sight order in a manner
1-17 described by Section 31.06;
1-18 (2) a Class B misdemeanor if:
1-19 (A) the value of the property stolen is:
1-20 (i) $50 or more but less than $500; or
1-21 (ii) $20 or more but less than $500 and
1-22 the defendant obtained the property by issuing or passing a check
1-23 or similar sight order in a manner described by Section 31.06; or
1-24 (B) the value of the property stolen is less
2-1 than:
2-2 (i) $50 and the defendant has previously
2-3 been convicted of any grade of theft; or
2-4 (ii) $20, the defendant has previously
2-5 been convicted of any grade of theft, and the defendant obtained
2-6 the property by issuing or passing a check or similar sight order
2-7 in a manner described by Section 31.06;
2-8 (3) a Class A misdemeanor if:
2-9 (A) the value of the property stolen is $500 or
2-10 more but less than $1,500; or
2-11 (B) the property stolen is a motor vehicle, as
2-12 defined by Section 501.002, Transportation Code, unless the value
2-13 of the motor vehicle is $1,500 or more;
2-14 (4) a state jail felony if:
2-15 (A) the value of the property stolen is $1,500
2-16 or more but less than $20,000, or the property is less than 10 head
2-17 of cattle, horses, or exotic livestock or exotic fowl as defined by
2-18 Section 142.001, Agriculture Code, or any part thereof under the
2-19 value of $20,000, or less than 100 head of sheep, swine, or goats
2-20 or any part thereof under the value of $20,000;
2-21 (B) regardless of value, the property is stolen
2-22 from the person of another or from a human corpse or grave;
2-23 (C) the property stolen is a firearm, as defined
2-24 by Section 46.01; or
2-25 (D) the value of the property stolen is less
2-26 than $1,500 and the defendant has been previously convicted two or
2-27 more times of any grade of theft;
3-1 (5) a felony of the third degree if the value of the
3-2 property stolen is $20,000 or more but less than $100,000, or the
3-3 property is:
3-4 (A) 10 or more head of cattle, horses, or exotic
3-5 livestock or exotic fowl as defined by Section 142.001, Agriculture
3-6 Code, stolen during a single transaction and having an aggregate
3-7 value of less than $100,000; or
3-8 (B) 100 or more head of sheep, swine, or goats
3-9 stolen during a single transaction and having an aggregate value of
3-10 less than $100,000;
3-11 (6) a felony of the second degree if the value of the
3-12 property stolen is $100,000 or more but less than $200,000; or
3-13 (7) a felony of the first degree if the value of the
3-14 property stolen is $200,000 or more.
3-15 SECTION 3. (a) The changes in law made by this Act apply
3-16 only to an offense committed on or after the effective date of this
3-17 Act. For purposes of this section, an offense is committed before
3-18 the effective date of this Act if any element of the offense occurs
3-19 before that date.
3-20 (b) An offense committed before the effective date of this
3-21 Act is covered by the law in effect when the offense was committed,
3-22 and the former law is continued in effect for that purpose.
3-23 SECTION 4. This Act takes effect September 1, 1997.
3-24 SECTION 5. The importance of this legislation and the
3-25 crowded condition of the calendars in both houses create an
3-26 emergency and an imperative public necessity that the
3-27 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended.