By Garcia, et al.                                     H.B. No. 1370

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the punishment for 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 amending

 1-5     Subsection (b) and adding Subsection (g) to read as follows:

 1-6           (b)  Except as provided by Subsection (f), an offense under

 1-7     this section is:

 1-8                 (1)  a Class C misdemeanor if:

 1-9                       (A)  the amount of pecuniary loss is less than

1-10     $50 [$20]; or

1-11                       (B)  except as provided in Subdivision (3)(B), it

1-12     causes substantial inconvenience to others;

1-13                 (2)  a Class B misdemeanor if the amount of pecuniary

1-14     loss is $50 [$20] or more but less than $500;

1-15                 (3)  a Class A misdemeanor if the amount of pecuniary

1-16     loss is:

1-17                       (A)  $500 or more but less than $1,500; or

1-18                       (B)  less than $1,500 and the actor causes in

1-19     whole or in part impairment or interruption of public

1-20     communications, public transportation, public water, gas, or power

1-21     supply, or other public service, or causes to be diverted in whole,

1-22     in part, or in any manner, including installation or removal of any

1-23     device for any such purpose, any public communications, public

1-24     water, gas, or power supply;

 2-1                 (4)  a state jail felony if the amount of pecuniary

 2-2     loss is $1,500 or more but less than $20,000;

 2-3                 (5)  a felony of the third degree if the amount of the

 2-4     pecuniary loss is:

 2-5                       (A)  $20,000 or more but less than $100,000; or

 2-6                       (B)  less than $20,000, if the property damaged

 2-7     or destroyed is a habitation and if the damage or destruction is

 2-8     caused by a firearm or explosive weapon;

 2-9                 (6)  a felony of the second degree if the amount of

2-10     pecuniary loss is $100,000 or more but less than $200,000; or

2-11                 (7)  a felony of the first degree if the amount of

2-12     pecuniary loss is $200,000 or more.

2-13           (g)  For the purposes of this section, "firearm" and

2-14     "explosive weapon" have the meanings assigned those terms by

2-15     Section 46.01.

2-16           SECTION 2.  This Act takes effect September 1, 1997.  The

2-17     change in law made by this Act applies only to an offense committed

2-18     on or after September 1, 1997.  An offense committed before

2-19     September 1, 1997, is covered by the law in effect when the offense

2-20     was committed, and the former law is continued in effect for that

2-21     purpose.  For purposes of this section, an offense was committed

2-22     before September 1, 1997, if any element of the offense occurred

2-23     before that date.

2-24           SECTION 3.  The importance of this legislation and the

2-25     crowded condition of the calendars in both houses create an

2-26     emergency and an imperative public necessity that the

2-27     constitutional rule requiring bills to be read on three several

 3-1     days in each house be suspended, and this rule is hereby suspended.