By Wohlgemuth H.B. No. 690
76R3633 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for cutting a fence used for livestock.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 28.03(b), Penal Code, is amended to read
1-5 as follows:
1-6 (b) Except as provided by Subsection (f), an offense under
1-7 this section is:
1-8 (1) a Class C misdemeanor if:
1-9 (A) the amount of pecuniary loss is less than
1-10 $50; or
1-11 (B) except as provided in Subdivision (3)(B), it
1-12 causes substantial inconvenience to others;
1-13 (2) a Class B misdemeanor if the amount of pecuniary
1-14 loss is $50 or more but less than $500;
1-15 (3) a Class A misdemeanor if the amount of pecuniary
1-16 loss is:
1-17 (A) $500 or more but less than $1,500; or
1-18 (B) less than $1,500 and the actor causes in
1-19 whole or in part impairment or interruption of public
1-20 communications, public transportation, public water, gas, or power
1-21 supply, or other public service, or causes to be diverted in whole,
1-22 in part, or in any manner, including installation or removal of any
1-23 device for any such purpose, any public communications, public
1-24 water, gas, or power supply;
2-1 (4) a state jail felony if the amount of pecuniary
2-2 loss is:
2-3 (A) $1,500 or more but less than $20,000; [or]
2-4 (B) less than $1,500, if the property damaged or
2-5 destroyed is a habitation and if the damage or destruction is
2-6 caused by a firearm or explosive weapon; or
2-7 (C) less than $1,500, if the property was a
2-8 fence used for the production of cattle, horses, sheep, swine, or
2-9 goats;
2-10 (5) a felony of the third degree if the amount of the
2-11 pecuniary loss is $20,000 or more but less than $100,000;
2-12 (6) a felony of the second degree if the amount of
2-13 pecuniary loss is $100,000 or more but less than $200,000; or
2-14 (7) a felony of the first degree if the amount of
2-15 pecuniary loss is $200,000 or more.
2-16 SECTION 2. (a) The change in law made by this Act applies
2-17 only to the penalty for an offense committed on or after the
2-18 effective date of this Act. For purposes of this section, an
2-19 offense is committed before the effective date of this Act if any
2-20 element of the offense occurs before that date.
2-21 (b) The penalty for an offense committed before the
2-22 effective date of this Act is covered by the law in effect when the
2-23 offense was committed, and the former law is continued in effect
2-24 for that purpose.
2-25 SECTION 3. This Act takes effect September 1, 1999.
2-26 SECTION 4. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.