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