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.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 152 was passed by the House on April
         23, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 152 was passed by the Senate on May
         10, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor