1-1 By: Lewis of Tarrant, et al. H.B. No. 171
1-2 (Senate Sponsor - Nelson)
1-3 (In the Senate - Received from the House April 23, 2001;
1-4 April 24, 2001, read first time and referred to Committee on
1-5 Criminal Justice; May 10, 2001, reported adversely, with favorable
1-6 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-7 May 10, 2001, sent to printer.)
1-8 COMMITTEE SUBSTITUTE FOR H.B. No. 171 By: West
1-9 A BILL TO BE ENTITLED
1-10 AN ACT
1-11 relating to the prosecution of certain offenses involving damage or
1-12 destruction of property.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Sections 28.02(a) and (d), Penal Code, are
1-15 amended to read as follows:
1-16 (a) A person commits an offense if the person [he] starts a
1-17 fire, regardless of whether the fire continues after ignition, or
1-18 causes an explosion with intent to destroy or damage:
1-19 (1) any vegetation, fence, or structure on open-space
1-20 land; or
1-21 (2) any building, habitation, or vehicle:
1-22 (A) knowing that it is within the limits of an
1-23 incorporated city or town;
1-24 (B) knowing that it is insured against damage or
1-25 destruction;
1-26 (C) knowing that it is subject to a mortgage or
1-27 other security interest;
1-28 (D) knowing that it is located on property
1-29 belonging to another;
1-30 (E) knowing that it has located within it
1-31 property belonging to another; or
1-32 (F) when the person [he] is reckless about
1-33 whether the burning or explosion will endanger the life of some
1-34 individual or the safety of the property of another.
1-35 (d) An offense under this section is a felony of the second
1-36 degree, except that the offense is a felony of the first degree if
1-37 it is shown on the trial of the offense that:
1-38 (1) bodily injury or death was suffered by any person
1-39 by reason of the commission of the offense; or
1-40 (2) [the actor committed the offense knowing that] the
1-41 property intended to be damaged or destroyed by the actor was a
1-42 habitation or a place of assembly or worship.
1-43 SECTION 2. Section 28.03, Penal Code, is amended by amending
1-44 Subsections (b) and (g) and adding Subsection (h) to read as
1-45 follows:
1-46 (b) Except as provided by Subsections [Subsection] (f) and
1-47 (h), an offense under this section is:
1-48 (1) a Class C misdemeanor if:
1-49 (A) the amount of pecuniary loss is less than
1-50 $50; or
1-51 (B) except as provided in Subdivision (3)(B), it
1-52 causes substantial inconvenience to others;
1-53 (2) a Class B misdemeanor if the amount of pecuniary
1-54 loss is $50 or more but less than $500;
1-55 (3) a Class A misdemeanor if the amount of pecuniary
1-56 loss is:
1-57 (A) $500 or more but less than $1,500; or
1-58 (B) less than $1,500 and the actor causes in
1-59 whole or in part impairment or interruption of public
1-60 communications, public transportation, public water, gas, or power
1-61 supply, or other public service, or causes to be diverted in whole,
1-62 in part, or in any manner, including installation or removal of any
1-63 device for any such purpose, any public communications, public
1-64 water, gas, or power supply;
2-1 (4) a state jail felony if the amount of pecuniary
2-2 loss is:
2-3 (A) $1,500 or more but less than $20,000;
2-4 (B) less than $1,500, if the property damaged or
2-5 destroyed is a habitation and if the damage or destruction is
2-6 caused by a firearm or explosive weapon; or
2-7 (C) less than $1,500, if the property was a
2-8 fence used for the production or containment of:
2-9 (i) cattle, bison, horses, sheep, swine,
2-10 goats, exotic livestock, or exotic poultry; or
2-11 (ii) game animals as that term is defined
2-12 by Section 63.001, Parks and Wildlife Code;
2-13 (5) a felony of the third degree if the amount of the
2-14 pecuniary loss is $20,000 or more but less than $100,000;
2-15 (6) a felony of the second degree if the amount of
2-16 pecuniary loss is $100,000 or more but less than $200,000; or
2-17 (7) a felony of the first degree if the amount of
2-18 pecuniary loss is $200,000 or more.
2-19 (g) In [For the purposes of] this section:
2-20 (1) "Explosive weapon" means any explosive or
2-21 incendiary device that is designed, made, or adapted for the
2-22 purpose of inflicting serious bodily injury, death, or substantial
2-23 property damage, or for the principal purpose of causing such a
2-24 loud report as to cause undue public alarm or terror, and includes:
2-25 (A) an explosive or incendiary bomb, grenade,
2-26 rocket, and mine;
2-27 (B) a device designed, made, or adapted for
2-28 delivering or shooting an explosive weapon; and
2-29 (C) a device designed, made, or adapted to start
2-30 a fire in a time-delayed manner.
2-31 (2) "Firearm" has [, "firearm" and "explosive weapon"
2-32 have] the meaning [meanings] assigned [those terms] by Section
2-33 46.01.
2-34 (3) "Institution of higher education" has the meaning
2-35 assigned by Section 61.003, Education Code.
2-36 (h) An offense under this section is a state jail felony if
2-37 the amount of the pecuniary loss to real property or to tangible
2-38 personal property is $1,500 or more but less than $20,000 and the
2-39 damage or destruction is inflicted on a public or private
2-40 elementary school, secondary school, or institution of higher
2-41 education.
2-42 SECTION 3. The change in law made by this Act applies only
2-43 to an offense committed on or after the effective date of this Act.
2-44 An offense committed before the effective date of this Act is
2-45 covered by the law in effect when the offense was committed, and
2-46 the former law is continued in effect for that purpose. For
2-47 purposes of this section, an offense was committed before the
2-48 effective date of this Act if any element of the offense occurred
2-49 before that date.
2-50 SECTION 4. This Act takes effect September 1, 2001.
2-51 * * * * *