By: Wentworth S.B. No. 1174
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of criminal mischief
1-3 involving a public water supply.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (b) and (d), Section 28.03, Penal
1-6 Code, are amended to read as follows:
1-7 (b) Except as provided by Subsection (f), an offense under
1-8 this section is:
1-9 (1) a Class C misdemeanor if:
1-10 (A) the amount of pecuniary loss is less than
1-11 $50; or
1-12 (B) except as provided in Subdivision (3)(A) or
1-13 (3)(B), it causes substantial inconvenience to others;
1-14 (2) a Class B misdemeanor if the amount of pecuniary
1-15 loss is $50 or more but less than $500;
1-16 (3) a Class A misdemeanor if:
1-17 (A) the amount of pecuniary loss is:
1-18 (i) [(A)] $500 or more but less than
1-19 $1,500; or
1-20 (ii) [(B)] less than $1,500 and the actor
1-21 causes in whole or in part impairment or interruption of public
1-22 communications, public transportation, public [water,] gas[,] or
1-23 power supply, or other public service, or causes to be diverted in
1-24 whole, in part, or in any manner, including installation or removal
1-25 of any device for any such purpose, any public communications or[,]
2-1 public [water,] gas[,] or power supply; or
2-2 (B) the actor causes in whole or in part
2-3 impairment or interruption of any public water supply, or causes to
2-4 be diverted in whole, in part, or in any manner, including
2-5 installation or removal of any device for any such purpose, any
2-6 public water supply, regardless of the amount of the pecuniary
2-7 loss;
2-8 (4) a state jail felony if the amount of pecuniary
2-9 loss is:
2-10 (A) $1,500 or more but less than $20,000;
2-11 (B) less than $1,500, if the property damaged or
2-12 destroyed is a habitation and if the damage or destruction is
2-13 caused by a firearm or explosive weapon; or
2-14 (C) less than $1,500, if the property was a
2-15 fence used for the production or containment of:
2-16 (i) cattle, bison, horses, sheep, swine,
2-17 goats, exotic livestock, or exotic poultry; or
2-18 (ii) game animals as that term is defined
2-19 by Section 63.001, Parks and Wildlife Code;
2-20 (5) a felony of the third degree if the amount of the
2-21 pecuniary loss is $20,000 or more but less than $100,000;
2-22 (6) a felony of the second degree if the amount of
2-23 pecuniary loss is $100,000 or more but less than $200,000; or
2-24 (7) a felony of the first degree if the amount of
2-25 pecuniary loss is $200,000 or more.
2-26 (d) The terms [term] "public communication, public
3-1 transportation, public [water,] gas[,] or power supply, or other
3-2 public service" and "public water supply" shall mean, refer to, and
3-3 include any such services subject to regulation by the Public
3-4 Utility Commission of Texas, the Railroad Commission of Texas, or
3-5 the Texas Natural Resource Conservation Commission or any such
3-6 services enfranchised by the State of Texas or any political
3-7 subdivision thereof.
3-8 SECTION 2. (a) Except as provided by Subsection (b) of this
3-9 section, the change in law made by this Act applies only to an
3-10 offense committed on or after the effective date of this Act. An
3-11 offense committed before the effective date of this Act is covered
3-12 by the law in effect when the offense was committed, and the former
3-13 law is continued in effect for that purpose. For purposes of this
3-14 subsection, an offense was committed before the effective date of
3-15 this Act if any element of the offense occurred before that date.
3-16 (b) In a criminal action pending on or commenced on or after
3-17 the effective date of this Act for an offense committed before the
3-18 effective date, the defendant, if adjudged guilty, shall be
3-19 assessed punishment under this Act if the defendant so elects by
3-20 written motion filed with the trial court before the sentencing
3-21 hearing begins.
3-22 SECTION 3. This Act takes effect September 1, 2001.