79R93 EMT-D

By:  Eissler                                                      H.B. No. 35 



A BILL TO BE ENTITLED

AN ACT

relating to the offenses of burglary of vehicles, theft, and 
tampering with identification numbers.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 30.04(d), Penal Code, is amended to read 
as follows:     
	(d)  An offense under this section is a [Class A misdemeanor 
unless the vehicle or part of the vehicle broken into or entered is 
a rail car, in which event the offense is a] state jail felony.
	SECTION 2.  Section 31.03(e), Penal Code, is amended to read 
as follows:     
	(e)  Except as provided by Subsection (f), an offense under 
this section is: 
		(1)  a Class C misdemeanor if the value of the property 
stolen is less than:
			(A)  $50;  or                                                                
			(B)  $20 and the defendant obtained the property 
by issuing or passing a check or similar sight order in a manner 
described by Section 31.06;
		(2)  a Class B misdemeanor if:                                                
			(A)  the value of the property stolen is:                                    
				(i)  $50 or more but less than $500;  or                                    
				(ii)  $20 or more but less than $500 and the 
defendant obtained the property by issuing or passing a check or 
similar sight order in a manner described by Section 31.06;  or
			(B)  the value of the property stolen is less 
than:                        
				(i)  $50 and the defendant has previously 
been convicted of any grade of theft;  or
				(ii)  $20, the defendant has previously been 
convicted of any grade of theft, and the defendant obtained the 
property by issuing or passing a check or similar sight order in a 
manner described by Section 31.06;
		(3)  a Class A misdemeanor if the value of the property 
stolen is $500 or more but less than $1,500;
		(4)  a state jail felony if:                                                  
			(A)  the value of the property stolen is $1,500 or 
more but less than $20,000, or the property is less than 10 head of 
cattle, horses, or exotic livestock or exotic fowl as defined by 
Section 142.001, Agriculture Code, or any part thereof under the 
value of $20,000, or less than 100 head of sheep, swine, or goats or 
any part thereof under the value of $20,000;
			(B)  regardless of value, the property is stolen 
from the person of another or from a human corpse or grave;
			(C)  the property stolen is a firearm, as defined 
by Section 46.01;        
			(D)  the value of the property stolen is less than 
$1,500 and the defendant has been previously convicted two or more 
times of any grade of theft;  or
			(E)  the property stolen is an official ballot or 
official carrier envelope for an election;
		(5)  a felony of the third degree if the value of the 
property stolen is $20,000 or more but less than $100,000, or the 
property is:
			(A)  10 or more head of cattle, horses, or exotic 
livestock or exotic fowl as defined by Section 142.001, Agriculture 
Code, stolen during a single transaction and having an aggregate 
value of less than $100,000;  [or]
			(B)  100 or more head of sheep, swine, or goats 
stolen during a single transaction and having an aggregate value of 
less than $100,000; or
			(C)  a motor vehicle;                                                 
		(6)  a felony of the second degree if:                                 
			(A) the value of the property stolen is $100,000 
or more but less than $200,000; or
			(B)  the property is a motor vehicle and the 
defendant has been previously convicted two or more times of an 
offense under Title 7;  or
		(7)  a felony of the first degree if the value of the 
property stolen is $200,000 or more.
	SECTION 3.  Section 31.11(d), Penal Code, is amended to read 
as follows:     
	(d)  An offense under this section is a state jail felony
[Class A misdemeanor].
	SECTION 4.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.   
An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 5.  This Act takes effect September 1, 2005.