By Uresti H.B. No. 2485
76R7636 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of theft.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 31.03(e), Penal Code, is amended to read
1-5 as follows:
1-6 (e) Except as provided by Subsection (f), an offense under
1-7 this section is:
1-8 (1) a Class C misdemeanor if the value of the property
1-9 stolen is less than:
1-10 (A) $50; or
1-11 (B) $20 and the defendant obtained the property
1-12 by issuing or passing a check or similar sight order in a manner
1-13 described by Section 31.06;
1-14 (2) a Class B misdemeanor if:
1-15 (A) the value of the property stolen is:
1-16 (i) $50 or more but less than $500; or
1-17 (ii) $20 or more but less than $500 and
1-18 the defendant obtained the property by issuing or passing a check
1-19 or similar sight order in a manner described by Section 31.06; or
1-20 (B) the value of the property stolen is less
1-21 than:
1-22 (i) $50 and the defendant has previously
1-23 been convicted of any grade of theft; or
1-24 (ii) $20, the defendant has previously
2-1 been convicted of any grade of theft, and the defendant obtained
2-2 the property by issuing or passing a check or similar sight order
2-3 in a manner described by Section 31.06;
2-4 (3) a Class A misdemeanor if the value of the property
2-5 stolen is $500 or more but less than $1,500;
2-6 (4) a [state jail] felony of the third degree if:
2-7 (A) the value of the property stolen is $1,500
2-8 or more but less than $100,000 [$20,000], or the property is [less
2-9 than 10 head of] cattle, horses, or exotic livestock or exotic fowl
2-10 as defined by Section 142.001, Agriculture Code, or any part
2-11 thereof under the value of $100,000 [$20,000], or [less than 100
2-12 head of] sheep, swine, or goats or any part thereof under the value
2-13 of $100,000 [$20,000];
2-14 (B) regardless of value, the property is stolen
2-15 from the person of another or from a human corpse or grave;
2-16 (C) the property stolen is a firearm, as defined
2-17 by Section 46.01; or
2-18 (D) the value of the property stolen is less
2-19 than $1,500 and the defendant has been previously convicted two or
2-20 more times of any grade of theft;
2-21 (5) [a felony of the third degree if the value of the
2-22 property stolen is $20,000 or more but less than $100,000, or the
2-23 property is:]
2-24 [(A) 10 or more head of cattle, horses, or
2-25 exotic livestock or exotic fowl as defined by Section 142.001,
2-26 Agriculture Code, stolen during a single transaction and having an
2-27 aggregate value of less than $100,000; or]
3-1 [(B) 100 or more head of sheep, swine, or goats
3-2 stolen during a single transaction and having an aggregate value of
3-3 less than $100,000;]
3-4 [(6)] a felony of the second degree if the value of
3-5 the property stolen is $100,000 or more but less than $200,000; or
3-6 (6) [(7)] a felony of the first degree if the value of
3-7 the property stolen is $200,000 or more.
3-8 SECTION 2. (a) The change in law made by this Act applies
3-9 only to an offense committed on or after the effective date of this
3-10 Act. For purposes of this section, an offense is committed before
3-11 the effective date of this Act if any element of the offense occurs
3-12 before the effective date.
3-13 (b) An offense committed before the effective date of this
3-14 Act is covered by the law in effect when the offense was committed,
3-15 and the former law is continued in effect for that purpose.
3-16 SECTION 3. This Act takes effect September 1, 1999.
3-17 SECTION 4. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.