By Shapleigh S.R. No. 799
75R15799 GWK-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the Senate of the State of Texas, 75th
1-2 Legislature, Regular Session, 1997, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on Senate
1-5 Bill No. 758 to consider and take action on the following matters:
1-6 1. Senate Rule 12.03(4) is suspended to permit the committee
1-7 to add a new SECTION 1 of the bill to read as follows:
1-8 SECTION 1. Chapter 28, Penal Code, is amended by adding
1-9 Section 28.08 to read as follows:
1-10 Sec. 28.08. GRAFFITI. (a) A person commits an offense if
1-11 with aerosol paint or an indelible marker and without the effective
1-12 consent of the owner the person intentionally or knowingly makes
1-13 markings, including inscriptions, slogans, drawings, or paintings,
1-14 on the tangible property of the owner.
1-15 (b) Except as provided by Subsection (d), an offense under
1-16 this section is:
1-17 (1) a Class B misdemeanor if the amount of pecuniary
1-18 loss is less than $500;
1-19 (2) a Class A misdemeanor if the amount of pecuniary
1-20 loss is $500 or more but less than $1,500;
1-21 (3) a state jail felony if the amount of pecuniary
1-22 loss is $1,500 or more but less than $20,000;
1-23 (4) a felony of the third degree if the amount of
1-24 pecuniary loss is $20,000 or more but less than $100,000;
2-1 (5) a felony of the second degree if the amount of
2-2 pecuniary loss is $100,000 or more but less than $200,000; or
2-3 (6) a felony of the first degree if the amount of
2-4 pecuniary loss is $200,000 or more.
2-5 (c) When more than one item of tangible property, belonging
2-6 to one or more owners, is marked in violation of this section
2-7 pursuant to one scheme or continuing course of conduct, the conduct
2-8 may be considered as one offense, and the amounts of pecuniary loss
2-9 to property resulting from the marking of the property may be
2-10 aggregated in determining the grade of the offense.
2-11 (d) An offense under this section is a state jail felony if
2-12 the marking is made on a place of worship or human burial, a public
2-13 monument, or a community center that provides medical, social, or
2-14 educational programs and the amount of the pecuniary loss to real
2-15 property or to tangible personal property is less than $20,000.
2-16 (e) In this section:
2-17 (1) "Aerosol paint" means an aerosolized paint
2-18 product.
2-19 (2) "Indelible marker" means a device that makes a
2-20 mark with a paint or ink product that is specifically formulated to
2-21 be more difficult to erase, wash out, or remove than ordinary paint
2-22 or ink products.
2-23 Explanation: This change is necessary to more precisely
2-24 define the conduct that the bill is intended to prohibit.
2-25 2. Senate Rule 12.03(2) is suspended to permit the committee
2-26 to add a new SECTION 2 to the bill to read as follows:
2-27 SECTION 2. Subchapter A, Chapter 102, Code of Criminal
3-1 Procedure, is amended by adding Article 102.0171 to read as
3-2 follows:
3-3 Art. 102.0171. COURT COSTS: GRAFFITI ERADICATION FUNDS.
3-4 (a) A defendant convicted of an offense under Section 28.08, Penal
3-5 Code, in a county court, county court at law, or district court
3-6 shall pay a $5 graffiti eradication fee as a cost of court.
3-7 (b) In this article, a person is considered convicted if:
3-8 (1) a sentence is imposed on the person;
3-9 (2) the person receives community supervision,
3-10 including deferred adjudication; or
3-11 (3) the court defers final disposition of the person's
3-12 case.
3-13 (c) The clerks of the respective courts shall collect the
3-14 costs and pay them to the county treasurer or to any other official
3-15 who discharges the duties commonly delegated to the county
3-16 treasurer for deposit in a fund to be known as the county graffiti
3-17 eradication fund. A fund designated by this subsection may be used
3-18 only to:
3-19 (1) repair damage caused by the commission of offenses
3-20 under Section 28.08, Penal Code;
3-21 (2) provide educational and intervention programs
3-22 designed to prevent individuals from committing offenses under
3-23 Section 28.08, Penal Code; and
3-24 (3) provide to the public rewards for identifying and
3-25 aiding in the apprehension and prosecution of offenders who commit
3-26 offenses under Section 28.08, Penal Code.
3-27 (d) The county graffiti eradication fund shall be
4-1 administered by or under the direction of the commissioners court.
4-2 Explanation: This addition is necessary to omit text
4-3 referring to a cost on conviction of a Class C graffiti
4-4 misdemeanor, which no longer exists as a possible punishment for a
4-5 graffiti offense.