By Uresti                                             H.B. No. 2486
         76R7640 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for the offense of theft of a motor
 1-3     vehicle.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 31.03(e), Penal Code, is amended to read
 1-6     as follows:
 1-7           (e)  Except as provided by Subsection (f), an offense under
 1-8     this section is:
 1-9                 (1)  a Class C misdemeanor if the value of the property
1-10     stolen is less than:
1-11                       (A)  $50; or
1-12                       (B)  $20 and the defendant obtained the property
1-13     by issuing or passing a check or similar sight order in a manner
1-14     described by Section 31.06;
1-15                 (2)  a Class B misdemeanor if:
1-16                       (A)  the value of the property stolen is:
1-17                             (i)  $50 or more but less than $500; or
1-18                             (ii)  $20 or more but less than $500 and
1-19     the defendant obtained the property by issuing or passing a check
1-20     or similar sight order in a manner described by Section 31.06; or
1-21                       (B)  the value of the property stolen is less
1-22     than:
1-23                             (i)  $50 and the defendant has previously
1-24     been convicted of any grade of theft; or
 2-1                             (ii)  $20, the defendant has previously
 2-2     been convicted of any grade of theft, and the defendant obtained
 2-3     the property by issuing or passing a check or similar sight order
 2-4     in a manner described by Section 31.06;
 2-5                 (3)  a Class A misdemeanor if the value of the property
 2-6     stolen is $500 or more but less than $1,500;
 2-7                 (4)  a state jail felony if:
 2-8                       (A)  the value of the property stolen is $1,500
 2-9     or more but less than $20,000, or the property is less than 10 head
2-10     of cattle, horses, or exotic livestock or exotic fowl as defined by
2-11     Section 142.001, Agriculture Code, or any part thereof under the
2-12     value of $20,000, or less than 100 head of sheep, swine, or goats
2-13     or any part thereof under the value of $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; or
2-21                       (E)  the value of the property stolen is less
2-22     than $1,500 and the property stolen is a motor vehicle, as defined
2-23     by Section 501.002, Transportation Code;
2-24                 (5)  a felony of the third degree if the value of the
2-25     property stolen is $20,000 or more but less than $100,000, or the
2-26     property is:
2-27                       (A)  10 or more head of cattle, horses, or exotic
 3-1     livestock or exotic fowl as defined by Section 142.001, Agriculture
 3-2     Code, stolen during a single transaction and having an aggregate
 3-3     value of less than $100,000; or
 3-4                       (B)  100 or more head of sheep, swine, or goats
 3-5     stolen during a single transaction and having an aggregate value of
 3-6     less than $100,000;
 3-7                 (6)  a felony of the second degree if the value of the
 3-8     property stolen is $100,000 or more but less than $200,000; or
 3-9                 (7)  a felony of the first degree if the value of the
3-10     property stolen is $200,000 or more.
3-11           SECTION 2.  (a)  The change in law made by this Act applies
3-12     only to an offense committed on or after the effective date of this
3-13     Act.  For purposes of this section, an offense is committed before
3-14     the effective date of this Act if any element of the offense occurs
3-15     before the effective date.
3-16           (b)  An offense committed before the effective date of this
3-17     Act is covered by the law in effect when the offense was committed,
3-18     and the former law is continued in effect for that purpose.
3-19           SECTION 3.  This Act takes effect September 1, 1999.
3-20           SECTION 4.  The importance of this legislation and the
3-21     crowded condition of the calendars in both houses create an
3-22     emergency and an imperative public necessity that the
3-23     constitutional rule requiring bills to be read on three several
3-24     days in each house be suspended, and this rule is hereby suspended.