79R10056 RMB-D

By:  Moreno of Harris                                             H.B. No. 3472



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offense of theft committed 
during a natural disaster.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 31.03(f), Penal Code, is amended to read 
as follows:     
	(f)  An offense described for purposes of punishment by 
Subsections (e)(1)-(6) is increased to the next higher category of 
offense if it is shown on the trial of the offense that:
		(1)  the actor was a public servant at the time of the 
offense and the property appropriated came into the actor's 
custody, possession, or control by virtue of his status as a public 
servant;
		(2)  the actor was in a contractual relationship with 
government at the time of the offense and the property appropriated 
came into the actor's custody, possession, or control by virtue of 
the contractual relationship; [or]
		(3)  the owner of the property appropriated was at the 
time of the offense an elderly individual; or
		(4)  the offense was committed at a location where a 
natural disaster, including a tornado, hurricane, flood, or fire, 
was occurring at the time of the offense or occurred immediately 
before the offense was committed.
	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 is committed before the effective date of 
this Act if any element of the offense occurs before the effective 
date.
	SECTION 3.  This Act takes effect September 1, 2005.