1-1 By: Van de Putte, Seaman (Senate Sponsor - West) H.B. No. 751
1-2 (In the Senate - Received from the House April 28, 1999;
1-3 April 29, 1999, read first time and referred to Committee on
1-4 Criminal Justice; May 11, 1999, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 11, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the prosecution of the offense of graffiti.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Sections 28.08(a) and (e), Penal Code, are
1-11 amended to read as follows:
1-12 (a) A person commits an offense if, [with aerosol paint or
1-13 an indelible marker and] without the effective consent of the
1-14 owner, the person intentionally or knowingly makes markings,
1-15 including inscriptions, slogans, drawings, or paintings, on the
1-16 tangible property of the owner with:
1-17 (1) aerosol paint;
1-18 (2) an indelible marker; or
1-19 (3) an etching or engraving device.
1-20 (e) In this section:
1-21 (1) "Aerosol paint" means an aerosolized paint
1-22 product.
1-23 (2) "Etching or engraving device" means a device that
1-24 makes a delineation or impression on tangible property, regardless
1-25 of the manufacturer's intended use for that device.
1-26 (3) "Indelible marker" means a device that makes a
1-27 mark with a paint or ink product that is specifically formulated to
1-28 be more difficult to erase, wash out, or remove than ordinary
1-29 paint or ink products.
1-30 SECTION 2. This Act takes effect September 1, 1999. The
1-31 change in law made by this Act applies only to an offense committed
1-32 on or after the effective date of this Act. An offense committed
1-33 before the effective date of this Act is covered by the law in
1-34 effect when the offense was committed, and the former law is
1-35 continued in effect for that purpose. For purposes of this
1-36 section, an offense was committed before the effective date of this
1-37 Act if any element of the offense occurred before that date.
1-38 SECTION 3. The importance of this legislation and the
1-39 crowded condition of the calendars in both houses create an
1-40 emergency and an imperative public necessity that the
1-41 constitutional rule requiring bills to be read on three several
1-42 days in each house be suspended, and this rule is hereby suspended.
1-43 * * * * *