By Pickett, Dukes, Swinford H.B. No. 152 76R229 KLA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment for the offense of graffiti. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 28.08(d), Penal Code, is amended to read 1-5 as follows: 1-6 (d) An offense under this section is a state jail felony if: 1-7 (1) the marking is made on a school, an institution of 1-8 higher education, a place of worship or human burial, a public 1-9 monument, or a community center that provides medical, social, or 1-10 educational programs; and 1-11 (2) the amount of the pecuniary loss to real property 1-12 or to tangible personal property is less than $20,000. 1-13 SECTION 2. Section 28.08(e), Penal Code, is amended by 1-14 adding Subdivisions (3) and (4) to read as follows: 1-15 (3) "Institution of higher education" has the meaning 1-16 assigned by Section 481.134, Health and Safety Code. 1-17 (4) "School" means a private or public elementary or 1-18 secondary school. 1-19 SECTION 3. (a) The change in law made by this Act applies 1-20 only to an offense committed on or after the effective date of this 1-21 Act. For purposes of this section, an offense is committed on or 1-22 after the effective date of this Act if every element of the 1-23 offense occurs on or after the effective date. 1-24 (b) An offense committed before the effective date of this 2-1 Act is covered by the law in effect when the offense was committed, 2-2 and the former law is continued in effect for that purpose. 2-3 SECTION 4. This Act takes effect September 1, 1999. 2-4 SECTION 5. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended.