78R6792 KCR-F


By:  Gattis                                                       H.B. No. 2146



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of criminal mischief.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 28.03(b), Penal Code, as amended by 
Chapters 747 and 976, Acts of the 77th Legislature, Regular 
Session, 2001, is reenacted and amended to read as follows:
	(b)  Except as provided by Subsections (f) and (h), an 
offense under this section is:
		(1)  a Class C misdemeanor if:                                                
			(A)  the amount of pecuniary loss is less than 
$50;  or                    
			(B)  except as provided in Subdivision [(3)(A) or] 
(3)(B), it causes substantial inconvenience to others;
		(2)  a Class B misdemeanor if the amount of pecuniary 
loss is $50 or more but less than $500;
		(3)  a Class A misdemeanor if[: (A)] the amount of 
pecuniary loss is:
			(A) [(i)]  $500 or more but less than $1,500; or     
			(B) [(ii)]  less than $1,500 and the actor causes 
in whole or in part impairment or interruption of public 
communications, public transportation, public water, gas, or power 
supply, or other public service, or causes to be diverted in whole, 
in part, or in any manner, including installation or removal of any 
device for any such purpose, any public communications, [or] public 
water, gas, or power supply; [or
			[(B)  the actor causes in whole or in part 
impairment or interruption of any public water supply, or causes to 
be diverted in whole, in part, or in any manner, including 
installation or removal of any device for any such purpose, any 
public water supply, regardless of the amount of the pecuniary 
loss;]
		(4)  a state jail felony if the amount of pecuniary loss 
is:                
			(A)  $1,500 or more but less than $20,000;                                   
			(B)  less than $1,500, if the property damaged or 
destroyed is a habitation and if the damage or destruction is caused 
by a firearm or explosive weapon; or
			(C)  less than $1,500, if the property was a fence 
used for the production or containment of:
				(i)  cattle, bison, horses, sheep, swine, 
goats, exotic livestock, or exotic poultry; or
				(ii)  game animals as that term is defined by 
Section 63.001, Parks and Wildlife Code;
		(5)  a felony of the third degree if the amount of the 
pecuniary loss is $20,000 or more but less than $100,000;
		(6)  a felony of the second degree if the amount of 
pecuniary loss is $100,000 or more but less than $200,000; or
		(7)  a felony of the first degree if the amount of 
pecuniary loss is $200,000 or more.
	SECTION 2.  Section 28.03(d), Penal Code, is amended to read 
as follows:     
	(d)  The term [terms] "public communications
[communication], public transportation, public water, gas, or 
power supply, or other public service" includes [and "public water 
supply" shall mean, refer to, and include] any such services:
		(1)  subject to regulation by the Public Utility 
Commission of Texas, the Railroad Commission of Texas, or the Texas 
[Natural Resource Conservation] Commission on Environmental 
Quality; or
		(2)  [any such services] enfranchised by the state
[State of Texas] or any political subdivision of the state
[thereof].
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003. An offense 
committed before September 1, 2003, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For the purposes of this subsection, an 
offense was committed before September 1, 2003, if any element of 
the offense occurred before that date.