1-1                                   AN ACT
 1-2     relating to the prosecution of certain offenses involving damage or
 1-3     destruction of property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 28.02(a) and (d), Penal Code, are
 1-6     amended to read as follows:
 1-7           (a)  A person commits an offense if the person [he] starts a
 1-8     fire, regardless of whether the fire continues after ignition, or
 1-9     causes an explosion with intent to destroy or damage:
1-10                 (1)  any vegetation, fence, or structure on open-space
1-11     land; or
1-12                 (2)  any building, habitation, or vehicle:
1-13                       (A)  knowing that it is within the limits of an
1-14     incorporated city or town;
1-15                       (B)  knowing that it is insured against damage or
1-16     destruction;
1-17                       (C)  knowing that it is subject to a mortgage or
1-18     other security interest;
1-19                       (D)  knowing that it is located on property
1-20     belonging to another;
1-21                       (E)  knowing that it has located within it
1-22     property belonging to another; or
1-23                       (F)  when the person [he] is reckless about
1-24     whether the burning or explosion will endanger the life of some
 2-1     individual or the safety of the property of another.
 2-2           (d)  An offense under this section is a felony of the second
 2-3     degree, except that the offense is a felony of the first degree if
 2-4     it is shown on the trial of the offense that:
 2-5                 (1)  bodily injury or death was suffered by any person
 2-6     by reason of the commission of the offense; or
 2-7                 (2)  [the actor committed the offense knowing that] the
 2-8     property intended to be damaged or destroyed by the actor was a
 2-9     habitation or a place of assembly or worship.
2-10           SECTION 2.  Section 28.03, Penal Code, is amended by amending
2-11     Subsections (b) and (g) and adding Subsection (h) to read as
2-12     follows:
2-13           (b)  Except as provided by Subsections [Subsection] (f) and
2-14     (h), an offense under this section is:
2-15                 (1)  a Class C misdemeanor if:
2-16                       (A)  the amount of pecuniary loss is less than
2-17     $50; or
2-18                       (B)  except as provided in Subdivision (3)(B), it
2-19     causes substantial inconvenience to others;
2-20                 (2)  a Class B misdemeanor if the amount of pecuniary
2-21     loss is $50 or more but less than $500;
2-22                 (3)  a Class A misdemeanor if the amount of pecuniary
2-23     loss is:
2-24                       (A)  $500 or more but less than $1,500; or
2-25                       (B)  less than $1,500 and the actor causes in
2-26     whole or in part impairment or interruption of public
2-27     communications, public transportation, public water, gas, or power
 3-1     supply, or other public service, or causes to be diverted in whole,
 3-2     in part, or in any manner, including installation or removal of any
 3-3     device for any such purpose, any public communications, public
 3-4     water, gas, or power supply;
 3-5                 (4)  a state jail felony if the amount of pecuniary
 3-6     loss is:
 3-7                       (A)  $1,500 or more but less than $20,000;
 3-8                       (B)  less than $1,500, if the property damaged or
 3-9     destroyed is a habitation and if the damage or destruction is
3-10     caused by a firearm or explosive weapon; or
3-11                       (C)  less than $1,500, if the property was a
3-12     fence used for the production or containment of:
3-13                             (i)  cattle, bison, horses, sheep, swine,
3-14     goats, exotic livestock, or exotic poultry; or
3-15                             (ii)  game animals as that term is defined
3-16     by Section 63.001, Parks and Wildlife Code;
3-17                 (5)  a felony of the third degree if the amount of the
3-18     pecuniary loss is $20,000 or more but less than $100,000;
3-19                 (6)  a felony of the second degree if the amount of
3-20     pecuniary loss is $100,000 or more but less than $200,000; or
3-21                 (7)  a felony of the first degree if the amount of
3-22     pecuniary loss is $200,000 or more.
3-23           (g)  In [For the purposes of] this section:
3-24                 (1)  "Explosive weapon" means any explosive or
3-25     incendiary device that is designed, made, or adapted for the
3-26     purpose of inflicting serious bodily injury, death, or substantial
3-27     property damage, or for the principal purpose of causing such a
 4-1     loud report as to cause undue public alarm or terror, and includes:
 4-2                       (A)  an explosive or incendiary bomb, grenade,
 4-3     rocket, and mine;
 4-4                       (B)  a device designed, made, or adapted for
 4-5     delivering or shooting an explosive weapon; and
 4-6                       (C)  a device designed, made, or adapted to start
 4-7     a fire in a time-delayed manner.
 4-8                 (2)  "Firearm" has [, "firearm" and "explosive weapon"
 4-9     have] the meaning [meanings] assigned [those terms] by Section
4-10     46.01.
4-11                 (3)  "Institution of higher education" has the meaning
4-12     assigned by Section 61.003, Education Code.
4-13           (h)  An offense under this section is a state jail felony if
4-14     the amount of the pecuniary loss to real property or to tangible
4-15     personal property is $1,500 or more but less than $20,000 and the
4-16     damage or destruction is inflicted on a public or private
4-17     elementary school, secondary school, or institution of higher
4-18     education.
4-19           SECTION 3.  The change in law made by this Act applies only
4-20     to an offense committed on or after the effective date of this Act.
4-21     An offense committed before the effective date of this Act is
4-22     covered by the law in effect when the offense was committed, and
4-23     the former law is continued in effect for that purpose.  For
4-24     purposes of this section, an offense was committed before the
4-25     effective date of this Act if any element of the offense occurred
4-26     before that date.
4-27           SECTION 4.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 171 was passed by the House on April
         20, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 171 on May 24, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 171 was passed by the Senate, with
         amendments, on May 17, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor