By Lewis of Tarrant H.B. No. 171
77R890 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of and the punishment for certain
1-3 offenses involving damage or 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, or attempts to start a fire or cause an
1-10 explosion, with intent to destroy or damage:
1-11 (1) any vegetation, fence, or structure on open-space
1-12 land; or
1-13 (2) any building, habitation, or vehicle:
1-14 (A) knowing that it is within the limits of an
1-15 incorporated city or town;
1-16 (B) knowing that it is insured against damage or
1-17 destruction;
1-18 (C) knowing that it is subject to a mortgage or
1-19 other security interest;
1-20 (D) knowing that it is located on property
1-21 belonging to another;
1-22 (E) knowing that it has located within it
1-23 property belonging to another; or
1-24 (F) when the person [he] is reckless about
2-1 whether the burning or explosion will endanger the life of some
2-2 individual or the safety of the property of another.
2-3 (d) An offense under this section is a felony of the second
2-4 degree, except that the offense is a felony of the first degree if
2-5 it is shown on the trial of the offense that:
2-6 (1) bodily injury or death was suffered by any person
2-7 by reason of the commission of the offense; or
2-8 (2) [the actor committed the offense knowing that] the
2-9 property intended to be damaged or destroyed by the actor was a
2-10 habitation or a place of assembly or worship.
2-11 SECTION 2. Sections 28.03(f) and (g), Penal Code, are
2-12 amended to read as follows:
2-13 (f) An offense under this section is a state jail felony if
2-14 the amount of the pecuniary loss to real property or to tangible
2-15 personal property is less than $20,000 and the damage or
2-16 destruction is inflicted on:
2-17 (1) a place of worship or human burial;
2-18 (2) [,] a public monument;
2-19 (3) a public or private elementary school, secondary
2-20 school, or institution of higher education; [,] or
2-21 (4) a community center that provides medical, social,
2-22 or educational programs [and the amount of the pecuniary loss to
2-23 real property or to tangible personal property is less than
2-24 $20,000].
2-25 (g) In [For the purposes of] this section:
2-26 (1) "Explosive weapon" means any explosive or
2-27 incendiary device that is designed, made, or adapted for the
3-1 purpose of inflicting serious bodily injury, death, or substantial
3-2 property damage, or for the principal purpose of causing such a
3-3 loud report as to cause undue public alarm or terror, and includes:
3-4 (A) an explosive or incendiary bomb, grenade,
3-5 rocket, and mine;
3-6 (B) a device designed, made, or adapted for
3-7 delivering or shooting an explosive weapon; and
3-8 (C) a device designed, made, or adapted to start
3-9 a fire in a time-delayed manner.
3-10 (2) "Firearm" has [, "firearm" and "explosive weapon"
3-11 have] the meaning [meanings] assigned [those terms] by Section
3-12 46.01.
3-13 (3) "Institution of higher education" has the meaning
3-14 assigned by Section 61.003, Education Code.
3-15 SECTION 3. Section 28.06, Penal Code, is amended by adding
3-16 Subsection (f) to read as follows:
3-17 (f) If the damage or destruction is caused by a fire or
3-18 explosion, the amount of pecuniary loss under Section 28.03 is the
3-19 amount ascertainable by using the criteria set forth in Subsections
3-20 (a) through (d) or, if the damaged or destroyed property is a
3-21 document with a readily ascertainable market value, by consulting
3-22 the market, plus any other reasonably foreseeable economic losses
3-23 to the owner of the property that result from the commission of an
3-24 offense under that section.
3-25 SECTION 4. The change in law made by this Act applies only
3-26 to an offense committed on or after the effective date of this Act.
3-27 An offense committed before the effective date of this Act is
4-1 covered by the law in effect when the offense was committed, and
4-2 the former law is continued in effect for that purpose. For
4-3 purposes of this section, an offense was committed before the
4-4 effective date of this Act if any element of the offense occurred
4-5 before that date.
4-6 SECTION 5. This Act takes effect September 1, 2001.