BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1163

                                                                                                                                          By: Seliger

                                                                                                                Agriculture & Rural Affairs

                                                                                                                                          10/13/2009

                                                                                                                                              Enrolled

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The theft of cattle and livestock has become increasingly problematic recently, especially along the border of the Texas Panhandle.

 

S.B. 1163 amends current law relating to the penalties for theft of cattle, horses, exotic livestock, exotic fowl, sheep, swine, or goats.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 31.03(e), Penal Code, as follows:

 

(e) Provides that an offense under this section, except as provided by Subsection (f) (relating to an increase of an offense for certain reasons) is:

 

(1)-(3) Makes no changes to these subdivisions;

 

(4) a state jail felony if 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 sheep, swine, or goats or any part thereof under the value of $20,000.  Deletes existing text providing that an offense is a state jail felony if the property is less than 10 head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001 (Definitions), 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;

 

(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 cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, or 10 or more head of sheep, swine, or goats, stolen during a single transaction and having an aggregate value of less than $100,000.  Deletes existing text providing that an offense is a felony of the third degree if the property is 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 100 or more head of sheep, swine, or goats, stolen during a single transaction and having an aggregate value of less than $100,000; or

 

(6)-(7) Makes no changes to these subdivisions.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2009.