1-1     By:  Nelson                                            S.B. No. 103
 1-2           (In the Senate - Filed November 13, 2000; January 11, 2001,
 1-3     read first time and referred to Committee on Criminal Justice;
 1-4     April 18, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 6, Nays 0; April 18, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 103                    By:  Ogden
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the prosecution of certain offenses involving damage or
1-11     destruction of property.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subsections (a) and (d), Section 28.02, Penal
1-14     Code, are amended to read as follows:
1-15           (a)  A person commits an offense if the person [he] starts a
1-16     fire, regardless of whether the fire continues after ignition, or
1-17     causes an explosion with intent to destroy or damage:
1-18                 (1)  any vegetation, fence, or structure on open-space
1-19     land; or
1-20                 (2)  any building, habitation, or vehicle:
1-21                       (A)  knowing that it is within the limits of an
1-22     incorporated city or town;
1-23                       (B)  knowing that it is insured against damage or
1-24     destruction;
1-25                       (C)  knowing that it is subject to a mortgage or
1-26     other security interest;
1-27                       (D)  knowing that it is located on property
1-28     belonging to another;
1-29                       (E)  knowing that it has located within it
1-30     property belonging to another; or
1-31                       (F)  when the person [he] is reckless about
1-32     whether the burning or explosion will endanger the life of some
1-33     individual or the safety of the property of another.
1-34           (d)  An offense under this section is a felony of the second
1-35     degree, except that the offense is a felony of the first degree if
1-36     it is shown on the trial of the offense that:
1-37                 (1)  bodily injury or death was suffered by any person
1-38     by reason of the commission of the offense; or
1-39                 (2)  [the actor committed the offense knowing that] the
1-40     property intended to be damaged or destroyed by the actor was a
1-41     habitation or a place of assembly or worship.
1-42           SECTION 2.  Subsection (g), Section 28.03, Penal Code, is
1-43     amended to read as follows:
1-44           (g)  In [For the purposes of] this section:
1-45                 (1)  "Explosive weapon" means any explosive or
1-46     incendiary device that is designed, made, or adapted for the
1-47     purpose of inflicting serious bodily injury, death, or substantial
1-48     property damage, or for the principal purpose of causing such a
1-49     loud report as to cause undue public alarm or terror, and includes:
1-50                       (A)  an explosive or incendiary bomb, grenade,
1-51     rocket, and mine;
1-52                       (B)  a device designed, made, or adapted for
1-53     delivering or shooting an explosive weapon; and
1-54                       (C)  a device designed, made, or adapted to start
1-55     a fire in a time-delayed manner.
1-56                 (2)  "Firearm" has[, "firearm" and "explosive weapon"
1-57     have] the meaning [meanings] assigned [those terms] by Section
1-58     46.01.
1-59           SECTION 3.  The change in law made by this Act applies only
1-60     to an offense committed on or after the effective date of this Act.
1-61     An offense committed before the effective date of this Act is
1-62     covered by the law in effect when the offense was committed, and
1-63     the former law is continued in effect for that purpose.  For
1-64     purposes of this section, an offense was committed before the
 2-1     effective date of this Act if any element of the offense occurred
 2-2     before that date.
 2-3           SECTION 4.  This Act takes effect September 1, 2001.
 2-4                                  * * * * *