1-1 By: Wentworth S.B. No. 1174
1-2 (In the Senate - Filed March 6, 2001; March 8, 2001, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 3, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 3, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1174 By: Bivins
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the punishment for the offense of criminal mischief
1-11 involving a public water supply.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsections (b) and (d), Section 28.03, Penal
1-14 Code, are amended to read as follows:
1-15 (b) Except as provided by Subsection (f), an offense under
1-16 this section is:
1-17 (1) a Class C misdemeanor if:
1-18 (A) the amount of pecuniary loss is less than
1-19 $50; or
1-20 (B) except as provided in Subdivision (3)(A) or
1-21 (3)(B), it causes substantial inconvenience to others;
1-22 (2) a Class B misdemeanor if the amount of pecuniary
1-23 loss is $50 or more but less than $500;
1-24 (3) a Class A misdemeanor if:
1-25 (A) the amount of pecuniary loss is:
1-26 (i) [(A)] $500 or more but less than
1-27 $1,500; or
1-28 (ii) [(B)] less than $1,500 and the actor
1-29 causes in whole or in part impairment or interruption of public
1-30 communications, public transportation, public [water,] gas[,] or
1-31 power supply, or other public service, or causes to be diverted in
1-32 whole, in part, or in any manner, including installation or removal
1-33 of any device for any such purpose, any public communications or[,]
1-34 public [water,] gas[,] or power supply; or
1-35 (B) the actor causes in whole or in part
1-36 impairment or interruption of any public water supply, or causes to
1-37 be diverted in whole, in part, or in any manner, including
1-38 installation or removal of any device for any such purpose, any
1-39 public water supply, regardless of the amount of the pecuniary
1-40 loss;
1-41 (4) a state jail felony if the amount of pecuniary
1-42 loss is:
1-43 (A) $1,500 or more but less than $20,000;
1-44 (B) less than $1,500, if the property damaged or
1-45 destroyed is a habitation and if the damage or destruction is
1-46 caused by a firearm or explosive weapon; or
1-47 (C) less than $1,500, if the property was a
1-48 fence used for the production or containment of:
1-49 (i) cattle, bison, horses, sheep, swine,
1-50 goats, exotic livestock, or exotic poultry; or
1-51 (ii) game animals as that term is defined
1-52 by Section 63.001, Parks and Wildlife Code;
1-53 (5) a felony of the third degree if the amount of the
1-54 pecuniary loss is $20,000 or more but less than $100,000;
1-55 (6) a felony of the second degree if the amount of
1-56 pecuniary loss is $100,000 or more but less than $200,000; or
1-57 (7) a felony of the first degree if the amount of
1-58 pecuniary loss is $200,000 or more.
1-59 (d) The terms [term] "public communication, public
1-60 transportation, public [water,] gas[,] or power supply, or other
1-61 public service" and "public water supply" shall mean, refer to, and
1-62 include any such services subject to regulation by the Public
1-63 Utility Commission of Texas, the Railroad Commission of Texas, or
1-64 the Texas Natural Resource Conservation Commission or any such
2-1 services enfranchised by the State of Texas or any political
2-2 subdivision thereof.
2-3 SECTION 2. (a) Except as provided by Subsection (b) of this
2-4 section, the change in law made by this Act applies only to an
2-5 offense committed on or after the effective date of this Act. An
2-6 offense committed before the effective date of this Act is covered
2-7 by the law in effect when the offense was committed, and the former
2-8 law is continued in effect for that purpose. For purposes of this
2-9 subsection, an offense was committed before the effective date of
2-10 this Act if any element of the offense occurred before that date.
2-11 (b) In a criminal action pending on or commenced on or after
2-12 the effective date of this Act for an offense committed before the
2-13 effective date, the defendant, if adjudged guilty, shall be
2-14 assessed punishment under this Act if the defendant so elects by
2-15 written motion filed with the trial court before the sentencing
2-16 hearing begins.
2-17 SECTION 3. This Act takes effect September 1, 2001.
2-18 * * * * *