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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for theft of copper or brass material. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 31.03(e) and (h), Penal Code, are |
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amended to read as follows: |
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(e) Except as provided by Subsection (f), an offense under |
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this section is: |
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(1) a Class C misdemeanor if the value of the property |
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stolen is less than: |
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(A) $50; or |
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(B) $20 and the defendant obtained the property |
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by issuing or passing a check or similar sight order in a manner |
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described by Section 31.06; |
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(2) a Class B misdemeanor if: |
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(A) the value of the property stolen is: |
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(i) $50 or more but less than $500; or |
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(ii) $20 or more but less than $500 and the |
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defendant obtained the property by issuing or passing a check or |
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similar sight order in a manner described by Section 31.06; or |
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(B) the value of the property stolen is less |
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than: |
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(i) $50 and the defendant has previously |
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been convicted of any grade of theft; or |
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(ii) $20, the defendant has previously been |
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convicted of any grade of theft, and the defendant obtained the |
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property by issuing or passing a check or similar sight order in a |
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manner described by Section 31.06; |
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(3) a Class A misdemeanor if the value of the property |
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stolen is $500 or more but less than $1,500; |
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(4) a state jail felony if: |
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(A) the value of the property stolen is $1,500 or |
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more but less than $20,000, or the property is less than 10 head of |
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cattle, horses, or exotic livestock or exotic fowl as defined by |
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Section 142.001, Agriculture Code, or any part thereof under the |
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value of $20,000, or less than 100 head of sheep, swine, or goats or |
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any part thereof under the value of $20,000; |
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(B) regardless of value, the property is stolen |
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from the person of another or from a human corpse or grave; |
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(C) the property stolen is a firearm, as defined |
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by Section 46.01; |
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(D) the value of the property stolen is less than |
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$1,500 and the defendant has been previously convicted two or more |
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times of any grade of theft; |
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(E) the property stolen is an official ballot or |
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official carrier envelope for an election; or |
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(F) the value of the property stolen is less than |
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$20,000 and the property stolen is copper or brass material or is |
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insulated or noninsulated wire or cable that consists of at least 50 |
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percent: |
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(i) aluminum; |
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(ii) bronze; or |
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(iii) copper; |
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(5) a felony of the third degree if the value of the |
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property stolen is $20,000 or more but less than $100,000, or the |
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property is: |
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(A) 10 or more head of cattle, horses, or exotic |
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livestock or exotic fowl as defined by Section 142.001, Agriculture |
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Code, stolen during a single transaction and having an aggregate |
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value of less than $100,000; or |
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(B) 100 or more head of sheep, swine, or goats |
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stolen during a single transaction and having an aggregate value of |
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less than $100,000; |
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(6) a felony of the second degree if the value of the |
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property stolen is $100,000 or more but less than $200,000; or |
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(7) a felony of the first degree if the value of the |
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property stolen is $200,000 or more. |
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(h) In this section: |
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(1) "Copper or brass material" means: |
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(A) insulated or noninsulated copper wire or |
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cable that is of the type used by a public utility or common carrier |
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and that contains copper or an alloy of copper or zinc; |
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(B) a copper or brass item of a type commonly used |
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in construction or by a public utility; or |
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(C) copper pipe or copper tubing. |
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(2) "Restricted-use pesticide" means a pesticide |
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classified as a restricted-use pesticide by the administrator of |
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the Environmental Protection Agency under 7 U.S.C. Section 136a, as |
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that law existed on January 1, 1995, and containing an active |
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ingredient listed in the federal regulations adopted under that law |
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(40 C.F.R. Section 152.175) and in effect on that date. |
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(3) [(2)] "State-limited-use pesticide" means a |
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pesticide classified as a state-limited-use pesticide by the |
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Department of Agriculture under Section 76.003, Agriculture Code, |
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as that section existed on January 1, 1995, and containing an active |
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ingredient listed in the rules adopted under that section (4 TAC |
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Section 7.24) as that section existed on that date. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For the |
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purposes of this section, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |