1-1 AN ACT
1-2 relating to the penalty for cutting a fence used for certain
1-3 animals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 28.03(b), Penal Code, is amended to read
1-6 as follows:
1-7 (b) Except as provided by Subsection (f), an offense under
1-8 this section is:
1-9 (1) a Class C misdemeanor if:
1-10 (A) the amount of pecuniary loss is less than
1-11 $50; or
1-12 (B) except as provided in Subdivision (3)(B), it
1-13 causes substantial inconvenience to others;
1-14 (2) a Class B misdemeanor if the amount of pecuniary
1-15 loss is $50 or more but less than $500;
1-16 (3) a Class A misdemeanor if the amount of pecuniary
1-17 loss is:
1-18 (A) $500 or more but less than $1,500; or
1-19 (B) less than $1,500 and the actor causes in
1-20 whole or in part impairment or interruption of public
1-21 communications, public transportation, public water, gas, or power
1-22 supply, or other public service, or causes to be diverted in whole,
1-23 in part, or in any manner, including installation or removal of any
1-24 device for any such purpose, any public communications, public
2-1 water, gas, or power supply;
2-2 (4) a state jail felony if the amount of pecuniary
2-3 loss is:
2-4 (A) $1,500 or more but less than $20,000; [or]
2-5 (B) less than $1,500, if the property damaged or
2-6 destroyed is a habitation and if the damage or destruction is
2-7 caused by a firearm or explosive weapon; or
2-8 (C) less than $1,500, if the property was a
2-9 fence used for the production or containment of:
2-10 (i) cattle, bison, horses, sheep, swine,
2-11 goats, exotic livestock, or exotic poultry; or
2-12 (ii) game animals as that term is defined
2-13 by Section 63.001, Parks and Wildlife Code;
2-14 (5) a felony of the third degree if the amount of the
2-15 pecuniary loss is $20,000 or more but less than $100,000;
2-16 (6) a felony of the second degree if the amount of
2-17 pecuniary loss is $100,000 or more but less than $200,000; or
2-18 (7) a felony of the first degree if the amount of
2-19 pecuniary loss is $200,000 or more.
2-20 SECTION 2. (a) The change in law made by this Act applies
2-21 only to the penalty for an offense committed on or after the
2-22 effective date of this Act. For purposes of this section, an
2-23 offense is committed before the effective date of this Act if any
2-24 element of the offense occurs before that date.
2-25 (b) The penalty for an offense committed before the
2-26 effective date of this Act is covered by the law in effect when the
2-27 offense was committed, and the former law is continued in effect
3-1 for that purpose.
3-2 SECTION 3. This Act takes effect September 1, 1999.
3-3 SECTION 4. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 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. 690 was passed by the House on March
31, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 690 on May 19, 1999, by the following
vote: Yeas 139, Nays 2, 2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 690 was passed by the Senate, with
amendments, on May 17, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor