By Garcia H.B. No. 1370 75R5906 KEL-D 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 $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 $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, building, or vehicle, and if the 2-8 damage or destruction is 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. 3-2 COMMITTEE AMENDMENT NO. 1 3-3 Amend H.B. 1370 on page 2, line 7, SECTION 1, by striking the 3-4 words "building, or vehicle" from between "habitation" and "and". 3-5 Reyna of Bexar