80R6013 KEL-F
 
  By: Pena H.B. No. 1767
 
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for criminal mischief committed by
interfering with certain transportation signs, signals, or
devices.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 28.03(g), Penal Code, is amended by
adding Subdivisions (4) through (8) to read as follows:
             (4)  "Aluminum wiring" means insulated or noninsulated
wire or cable that consists of at least 50 percent aluminum,
including any tubing or conduit attached to the wire or cable.
             (5)  "Bronze wiring" means insulated or noninsulated
wire or cable that consists of at least 50 percent bronze, including
any tubing or conduit attached to the wire or cable.
             (6)  "Copper wiring" means insulated or noninsulated
wire or cable that consists of at least 50 percent copper, including
any tubing or conduit attached to the wire or cable.
             (7)  "Transportation communications equipment" means:
                   (A)  an official traffic-control device, railroad
sign or signal, or traffic-control signal, as those terms are
defined by Section 541.304, Transportation Code; or
                   (B)  a sign, signal, or device erected by a
railroad, public body, or public officer to direct the movement of a
railroad train, as defined by Section 541.202, Transportation Code.
             (8)  "Transportation communications device" means any
item attached to transportation communications equipment,
including aluminum wiring, bronze wiring, and copper wiring.
       SECTION 2.  Section 28.03, Penal Code, is amended by adding
Subsection (j) to read as follows:
       (j)  Notwithstanding Subsection (b), an offense under this
section is a felony of the third degree if:
             (1)  the tangible property damaged, destroyed, or
tampered with is transportation communications equipment or a
transportation communications device; and
             (2)  the amount of the pecuniary loss to the tangible
property is less than $100,000.
       SECTION 3.  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 4.  This Act takes effect September 1, 2007.