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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of the offense of arson. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.02, Penal Code, is amended by adding |
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Subsections (a-2) and (h) and amending Subsections (f) and (g) to |
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read as follows: |
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(a-2) A person commits an offense if the person |
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intentionally starts a fire or causes an explosion and in so doing: |
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(1) recklessly damages or destroys a building |
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belonging to another; or |
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(2) recklessly causes another person to suffer bodily |
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injury or death. |
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(f) An offense under Subsection (a-2) is a state jail felony |
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[It is a felony of the third degree if a person commits an offense
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under Subsection (a)(2) of this section and the person
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intentionally starts a fire in or on a building, habitation, or
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vehicle, with intent to damage or destroy property belonging to
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another, or with intent to injure any person, and in so doing,
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recklessly causes damage to the building, habitation, or vehicle]. |
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(g) If conduct that constitutes an offense under Subsection |
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(a-1) or that constitutes an offense under Subsection (a-2) [(f)] |
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also constitutes an offense under another subsection of this |
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section or another section of this code, the actor may be prosecuted |
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under Subsection (a-1) or Subsection (a-2) [(f)], under the other |
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subsection of this section, or under the other section of this code. |
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(h) With the consent of the appropriate local county or |
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district attorney, the attorney general has concurrent |
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jurisdiction with that consenting local prosecutor to prosecute an |
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offense under this section. |
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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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |