SRC-PNG H.B. 690 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 690
76R8808 BDH-DBy: Wohlgemuth (Sibley)
Natural Resources
4/27/1999
Engrossed


DIGEST 

Barbed wire fence cutting has developed into a serious problem in several
rural areas of Texas. When a fence is cut, livestock can escape, a danger
to both the livestock, and possibly the lives of passing motorists.  In the
past, the penalty for cutting a fence was a third degree felony.  With the
rewriting of the Penal Code in 1993, the penalty was reduced to a Class C
misdemeanor in most cases.  The code's current reliance on pecuniary loss
to establish the level of the offense does not take into account potential
loss of property or human life in the instance of fence cutting.  Police
and prosecutors may be more apt to seek out and punish offenders if a
higher penalty is available for this offense.  This bill would increase the
penalty for criminal mischief to a state jail felony if the amount of
pecuniary loss is less than $1,500 and the property was a fence used for
the production of certain animals. 

PURPOSE

As proposed, H.B. 690 increases the penalty for criminal mischief to a
state jail felony if the amount of pecuniary loss is less than $1,500 and
the property was a fence used for the production of certain animals. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28.03(b), Penal Code, to make criminal mischief a
state jail felony if the amount of pecuniary loss is less than $1,500 and
the property was a fence used for the production of certain animals. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.