By Serna H.R. No. 1026 75R15800 GWK-D 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.