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A BILL TO BE ENTITLED
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AN ACT
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relating to punishment for the offense of theft committed in |
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certain evacuated or disaster areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.03(f), Penal Code, is amended to read |
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as follows: |
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(f) An offense described for purposes of punishment by |
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Subsections (e)(1)-(6) is increased to the next higher category of |
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offense if it is shown on the trial of the offense that: |
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(1) the actor was a public servant at the time of the |
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offense and the property appropriated came into the actor's |
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custody, possession, or control by virtue of his status as a public |
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servant; |
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(2) the actor was in a contractual relationship with |
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government at the time of the offense and the property appropriated |
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came into the actor's custody, possession, or control by virtue of |
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the contractual relationship; [or] |
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(3) the owner of the property appropriated was at the |
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time of the offense an elderly individual; or |
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(4) the offense was committed in an area that is: |
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(A) considered to be a disaster area under |
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Section 418.014 or 418.108, Government Code; or |
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(B) subject to an emergency evacuation order. |
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SECTION 2. Section 31.03(h), Penal Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Emergency evacuation order" means an official |
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statement issued by the governing body of this state or a political |
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subdivision of this state to recommend or require the evacuation of |
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all or part of the population of an area stricken or threatened with |
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a disaster. |
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SECTION 3. 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 |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |