76R8808 BDH-D                           
         By Wohlgemuth, King of Parker, Hardcastle,             H.B. No. 690
              Homer
         Substitute the following for H.B. No. 690:
         By Hupp                                            C.S.H.B. No. 690
                                A BILL TO BE ENTITLED
 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 of:
2-10                             (i)  cattle, horses, sheep, swine, goats,
2-11     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.