BILL ANALYSIS

H.B. 775

By: Miklos

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, theft of a central air-conditioning unit generally is prosecuted as theft of property ranging from $500-$1,500 which is punishable as a Class A misdemeanor. In light of the fact that the total cost of damages in an air-conditioning unit theft to a victim's property is usually much more than the cost of replacing the unit, as wiring is often ripped out and duct work damaged, the misdemeanor charge does not reflect the total cost of the crime. As the value of copper escalates, these crimes are becoming more frequent, but the misdemeanor penalty associated with the crime results in few prosecutions.

H.B. 775 makes it a third degree felony for theft of a central air-conditioning unit that is valued at less than $100,000.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 775 amends the Penal Code to make theft of a central air-conditioning unit that is valued at less than $100,000 a third degree felony. The bill defines "central air-conditioning unit."

EFFECTIVE DATE

September 1, 2009.