By: Pena (Senate Sponsor - Carona) H.B. No. 1767
         (In the Senate - Received from the House April 26, 2007;
  May 1, 2007, read first time and referred to Committee on Criminal
  Justice; May 16, 2007, reported favorably by the following vote:  
  Yeas 6, Nays 0; May 16, 2007, sent to printer.)
 
 
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.
 
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