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|  | A BILL TO BE ENTITLED | 
|  | AN ACT | 
|  | relating to the prosecution and punishment of offenses involving | 
|  | graffiti. | 
|  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
|  | SECTION 1.  Section 28.08(b), Penal Code, is amended to read | 
|  | as follows: | 
|  | (b)  Except as provided by Subsection (d), an offense under | 
|  | this section is: | 
|  | (1)  a Class B misdemeanor if the amount of pecuniary | 
|  | loss is less than $300 [ $500]; | 
|  | (2)  a Class A misdemeanor if the amount of pecuniary | 
|  | loss is $300 [ $500] or more but less than $1,500; | 
|  | (3)  a state jail felony if the amount of pecuniary loss | 
|  | is $1,500 or more but less than $20,000; | 
|  | (4)  a felony of the third degree if the amount of | 
|  | pecuniary loss is $20,000 or more but less than $100,000; | 
|  | (5)  a felony of the second degree if the amount of | 
|  | pecuniary loss is $100,000 or more but less than $200,000;  or | 
|  | (6)  a felony of the first degree if the amount of | 
|  | pecuniary loss is $200,000 or more. | 
|  | SECTION 2.  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 3.  This Act takes effect September 1, 2009. |