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.