By: Pena, et al. (Senate Sponsor - Carona) H.B. No. 1766
         (In the Senate - Received from the House April 10, 2007;
  April 11, 2007, read first time and referred to Committee on
  Criminal Justice; May 4, 2007, reported favorably by the following
  vote:  Yeas 5, Nays 0; May 4, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the punishment for theft of aluminum, bronze, or copper
  wiring.
         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)  the value of the property stolen is less than
  $20,000 and the property stolen is insulated or noninsulated wire
  or cable that consists of at least 50 percent:
                           (i)  aluminum;
                           (ii)  bronze; or
                           (iii)  copper;
               (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 the effective date of this Act.  
  An offense committed before the effective date of this Act is
  governed 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 section, an offense is committed before the
  effective date of this Act if any element of the offense occurs
  before that date.
         SECTION 3.  This Act takes effect September 1, 2007.
 
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