By Van de Putte H.B. No. 751
76R228 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of the offense of graffiti.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 28.08(a) and (e), Penal Code, are
1-5 amended to read as follows:
1-6 (a) A person commits an offense if, [with aerosol paint or
1-7 an indelible marker and] without the effective consent of the
1-8 owner, the person intentionally or knowingly makes markings,
1-9 including inscriptions, slogans, drawings, or paintings, on the
1-10 tangible property of the owner with:
1-11 (1) aerosol paint;
1-12 (2) an indelible marker; or
1-13 (3) an etching or engraving device.
1-14 (e) In this section:
1-15 (1) "Aerosol paint" means an aerosolized paint
1-16 product.
1-17 (2) "Etching or engraving device" means a device that
1-18 makes a delineation or impression on tangible property, regardless
1-19 of the manufacturer's intended use for that device.
1-20 (3) "Indelible marker" means a device that makes a
1-21 mark with a paint or ink product that is specifically formulated to
1-22 be more difficult to erase, wash out, or remove than ordinary
1-23 paint or ink products.
1-24 SECTION 2. This Act takes effect September 1, 1999. The
2-1 change in law made by this Act applies only to an offense committed
2-2 on or after the effective date of this Act. An offense committed
2-3 before the effective date of this Act is covered by the law in
2-4 effect when the offense was committed, and the former law is
2-5 continued in effect for that purpose. For purposes of this
2-6 section, an offense was committed before the effective date of this
2-7 Act if any element of the offense occurred before that date.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.