By Wentworth S.B. No. 1174
77R7475 JMC-F
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. Sections 28.03(b) and (d), Penal Code, are amended
1-6 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)(B), it
1-13 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 the amount of pecuniary
1-17 loss is:
1-18 (A) $500 or more but less than $1,500; or
1-19 (B) less than $1,500 and the actor causes in
1-20 whole or in part impairment or interruption of public
1-21 communications, public transportation, public [water,] gas[,] or
1-22 power supply, or other public service, or causes to be diverted in
1-23 whole, in part, or in any manner, including installation or removal
1-24 of any device for any such purpose, any public communications or[,]
2-1 public [water,] gas[,] or power supply;
2-2 (4) a state jail felony if the amount of pecuniary
2-3 loss is:
2-4 (A) $1,500 or more but less than $20,000;
2-5 (B) less than $1,500, if the property damaged or
2-6 destroyed is a habitation and if the damage or destruction is
2-7 caused by a firearm or explosive weapon; or
2-8 (C) less than $1,500, if the property was a
2-9 fence used for the production or containment of:
2-10 (i) cattle, bison, horses, sheep, swine,
2-11 goats, exotic livestock, or exotic poultry; or
2-12 (ii) game animals as that term is defined
2-13 by Section 63.001, Parks and Wildlife Code;
2-14 (5) a felony of the third degree if:
2-15 (A) the amount of the pecuniary loss is $20,000
2-16 or more but less than $100,000; or
2-17 (B) the actor causes in whole or in part
2-18 impairment or interruption of any public water supply, or causes to
2-19 be diverted in whole, in part, or in any manner, including
2-20 installation or removal of any device for any such purpose, any
2-21 public water supply, regardless of the amount of the pecuniary
2-22 loss;
2-23 (6) a felony of the second degree if the amount of
2-24 pecuniary loss is $100,000 or more but less than $200,000; or
2-25 (7) a felony of the first degree if the amount of
2-26 pecuniary loss is $200,000 or more.
2-27 (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. This Act takes effect September 1, 2001, and
3-9 applies only to an offense committed on or after that date. An
3-10 offense committed before the effective date of this Act is covered
3-11 by the law in effect when the offense was committed, and the former
3-12 law is continued in effect for that purpose. For purposes of this
3-13 section, an offense was committed before the effective date of this
3-14 Act if any element of the offense occurred before that date.