R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 75th Legislature, Regular Session, 1997, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on Senate Bill No. 758 to consider and take
1-6 action on the following matters:
1-7 1. House Rule 13, Section 9(a)(4), is suspended to permit
1-8 the committee to add a new SECTION 1 of the bill to read as
1-9 follows:
1-10 SECTION 1. Chapter 28, Penal Code, is amended by adding
1-11 Section 28.08 to read as follows:
1-12 Sec. 28.08. GRAFFITI. (a) A person commits an offense if
1-13 with aerosol paint or an indelible marker and without the effective
1-14 consent of the owner the person intentionally or knowingly makes
1-15 markings, including inscriptions, slogans, drawings, or paintings,
1-16 on the tangible property of the owner.
1-17 (b) Except as provided by Subsection (d), an offense under
1-18 this section is:
1-19 (1) a Class B misdemeanor if the amount of pecuniary
1-20 loss is less than $500;
1-21 (2) a Class A misdemeanor if the amount of pecuniary
1-22 loss is $500 or more but less than $1,500;
1-23 (3) a state jail felony if the amount of pecuniary
1-24 loss is $1,500 or more but less than $20,000;
2-1 (4) a felony of the third degree if the amount of
2-2 pecuniary loss is $20,000 or more but less than $100,000;
2-3 (5) a felony of the second degree if the amount of
2-4 pecuniary loss is $100,000 or more but less than $200,000; or
2-5 (6) a felony of the first degree if the amount of
2-6 pecuniary loss is $200,000 or more.
2-7 (c) When more than one item of tangible property, belonging
2-8 to one or more owners, is marked in violation of this section
2-9 pursuant to one scheme or continuing course of conduct, the conduct
2-10 may be considered as one offense, and the amounts of pecuniary loss
2-11 to property resulting from the marking of the property may be
2-12 aggregated in determining the grade of the offense.
2-13 (d) An offense under this section is a state jail felony if
2-14 the marking is made on a place of worship or human burial, a public
2-15 monument, or a community center that provides medical, social, or
2-16 educational programs and the amount of the pecuniary loss to real
2-17 property or to tangible personal property is less than $20,000.
2-18 (e) In this section:
2-19 (1) "Aerosol paint" means an aerosolized paint
2-20 product.
2-21 (2) "Indelible marker" means a device that makes a
2-22 mark with a paint or ink product that is specifically formulated to
2-23 be more difficult to erase, wash out, or remove than ordinary paint
2-24 or ink products.
2-25 Explanation: This change is necessary to more precisely
2-26 define the conduct that the bill is intended to prohibit.
2-27 2. House Rule 13, Section 9(a)(2), is suspended to permit
3-1 the committee to add a new SECTION 2 to the bill to read as
3-2 follows:
3-3 SECTION 2. Subchapter A, Chapter 102, Code of Criminal
3-4 Procedure, is amended by adding Article 102.0171 to read as
3-5 follows:
3-6 Art. 102.0171. COURT COSTS: GRAFFITI ERADICATION FUNDS.
3-7 (a) A defendant convicted of an offense under Section 28.08, Penal
3-8 Code, in a county court, county court at law, or district court
3-9 shall pay a $5 graffiti eradication fee as a cost of court.
3-10 (b) In this article, a person is considered convicted if:
3-11 (1) a sentence is imposed on the person;
3-12 (2) the person receives community supervision,
3-13 including deferred adjudication; or
3-14 (3) the court defers final disposition of the person's
3-15 case.
3-16 (c) The clerks of the respective courts shall collect the
3-17 costs and pay them to the county treasurer or to any other official
3-18 who discharges the duties commonly delegated to the county
3-19 treasurer for deposit in a fund to be known as the county graffiti
3-20 eradication fund. A fund designated by this subsection may be used
3-21 only to:
3-22 (1) repair damage caused by the commission of offenses
3-23 under Section 28.08, Penal Code;
3-24 (2) provide educational and intervention programs
3-25 designed to prevent individuals from committing offenses under
3-26 Section 28.08, Penal Code; and
3-27 (3) provide to the public rewards for identifying and
4-1 aiding in the apprehension and prosecution of offenders who commit
4-2 offenses under Section 28.08, Penal Code.
4-3 (d) The county graffiti eradication fund shall be
4-4 administered by or under the direction of the commissioners court.
4-5 Explanation: This addition is necessary to omit text
4-6 referring to a cost on conviction of a Class C graffiti
4-7 misdemeanor, which no longer exists as a possible punishment for a
4-8 graffiti offense.
Serna
_______________________________
Speaker of the House
I certify that H.R. No. 1026 was adopted by the House on May
21, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House