79R3788 BDH-D


By:  Giddings, Gonzalez Toureilles                                H.B. No. 752



A BILL TO BE ENTITLED

AN ACT

relating to the penalty for theft of identifying information.                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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; or
			(F)  regardless of value, the property stolen is 
identifying information, as defined by Section 32.51;
		(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;
		(6)  a felony of the second degree if the value of the 
property stolen is $100,000 or more but less than $200,000; or
		(7)  a felony of the first degree if the value of the 
property stolen is $200,000 or more.
	SECTION 2.  The change in law made by this Act applies only 
to  an offense committed on or after September 1, 2005.  An offense 
committed before September 1, 2005, is governed 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 September 1, 2005, if any element of the 
offense was committed before that date.
	SECTION 3.  This Act takes effect September 1, 2005.