79R10905 EMT-D


By:  Guillen                                                      H.B. No. 197

Substitute the following for H.B. No. 197:                                    

By:  Hodge                                                    C.S.H.B. No. 197



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offense of criminal mischief.              
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 28.03(b), Penal Code, is 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)  except as provided by Subdivision (2), the 
amount of pecuniary loss is less than $50; or
			(B)  except as provided by [in] Subdivision (4)(A) 
[(3)(A)] or (4)(B) [(3)(B)], it causes substantial inconvenience to 
others;
		(2)  a Class C misdemeanor punishable by a fine not to 
exceed $1,000 if the amount of pecuniary loss is less than $50 and 
the actor has been convicted three or more times of an offense under 
this section;
		(3)  a Class B misdemeanor if the amount of pecuniary 
loss is $50 or more but less than $500;
		(4) [(3)]  a Class A misdemeanor if:                  
			(A)  the amount of pecuniary loss is:                                        
				(i)  $500 or more but less than $1,500; or                                  
				(ii)  less than $1,500 and the actor causes 
in whole or in part impairment or interruption of public 
communications, public transportation, public 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 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;
		(5) [(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;
		(6) [(5)]  a felony of the third degree if the amount of 
the pecuniary loss is $20,000 or more but less than $100,000;
		(7) [(6)]  a felony of the second degree if the amount 
of pecuniary loss is $100,000 or more but less than $200,000; or
		(8) [(7)]  a felony of the first degree if the amount of 
pecuniary loss is $200,000 or more.
	SECTION 2.  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 occurred before that date.
	SECTION 3.  This Act takes effect September 1, 2005.