1-1 By: Wohlgemuth, et al. (Senate Sponsor - Sibley) H.B. No. 690
1-2 (In the Senate - Received from the House April 6, 1999;
1-3 April 7, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 6, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 6, Nays 0; May 6, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend H.B. 690 on page 1, line 45, between "production" and
1-8 "of" by inserting "or containment".
1-9 COMMITTEE AMENDMENT NO. 2 By: Armbrister
1-10 Amend H.B. 690, in SECTION 1, subsection (4)(C)(i), by inserting
1-11 "bison," between "cattle," and "horses".
1-12 A BILL TO BE ENTITLED
1-13 AN ACT
1-14 relating to the penalty for cutting a fence used for certain
1-15 animals.
1-16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-17 SECTION 1. Section 28.03(b), Penal Code, is amended to read
1-18 as follows:
1-19 (b) Except as provided by Subsection (f), an offense under
1-20 this section is:
1-21 (1) a Class C misdemeanor if:
1-22 (A) the amount of pecuniary loss is less than
1-23 $50; or
1-24 (B) except as provided in Subdivision (3)(B), it
1-25 causes substantial inconvenience to others;
1-26 (2) a Class B misdemeanor if the amount of pecuniary
1-27 loss is $50 or more but less than $500;
1-28 (3) a Class A misdemeanor if the amount of pecuniary
1-29 loss is:
1-30 (A) $500 or more but less than $1,500; or
1-31 (B) less than $1,500 and the actor causes in
1-32 whole or in part impairment or interruption of public
1-33 communications, public transportation, public water, gas, or power
1-34 supply, or other public service, or causes to be diverted in whole,
1-35 in part, or in any manner, including installation or removal of any
1-36 device for any such purpose, any public communications, public
1-37 water, gas, or power supply;
1-38 (4) a state jail felony if the amount of pecuniary
1-39 loss is:
1-40 (A) $1,500 or more but less than $20,000; [or]
1-41 (B) less than $1,500, if the property damaged or
1-42 destroyed is a habitation and if the damage or destruction is
1-43 caused by a firearm or explosive weapon; or
1-44 (C) less than $1,500, if the property was a
1-45 fence used for the production of:
1-46 (i) cattle, horses, sheep, swine, goats,
1-47 exotic livestock, or exotic poultry; or
1-48 (ii) game animals as that term is defined
1-49 by Section 63.001, Parks and Wildlife Code;
1-50 (5) a felony of the third degree if the amount of the
1-51 pecuniary loss is $20,000 or more but less than $100,000;
1-52 (6) a felony of the second degree if the amount of
1-53 pecuniary loss is $100,000 or more but less than $200,000; or
1-54 (7) a felony of the first degree if the amount of
1-55 pecuniary loss is $200,000 or more.
1-56 SECTION 2. (a) The change in law made by this Act applies
1-57 only to the penalty for an offense committed on or after the
1-58 effective date of this Act. For purposes of this section, an
1-59 offense is committed before the effective date of this Act if any
1-60 element of the offense occurs before that date.
1-61 (b) The penalty for an offense committed before the
2-1 effective date of this Act is covered by the law in effect when the
2-2 offense was committed, and the former law is continued in effect
2-3 for that purpose.
2-4 SECTION 3. This Act takes effect September 1, 1999.
2-5 SECTION 4. The importance of this legislation and the
2-6 crowded condition of the calendars in both houses create an
2-7 emergency and an imperative public necessity that the
2-8 constitutional rule requiring bills to be read on three several
2-9 days in each house be suspended, and this rule is hereby suspended.
2-10 * * * * *