81R2010 SJM-D
 
  By: Patrick, Dan S.B. No. 359
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to punishment for the offense of theft committed in
  certain evacuated or disaster areas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.03(f), Penal Code, is amended to read
  as follows:
         (f)  An offense described for purposes of punishment by
  Subsections (e)(1)-(6) is increased to the next higher category of
  offense if it is shown on the trial of the offense that:
               (1)  the actor was a public servant at the time of the
  offense and the property appropriated came into the actor's
  custody, possession, or control by virtue of his status as a public
  servant;
               (2)  the actor was in a contractual relationship with
  government at the time of the offense and the property appropriated
  came into the actor's custody, possession, or control by virtue of
  the contractual relationship; [or]
               (3)  the owner of the property appropriated was at the
  time of the offense an elderly individual; or
               (4)  the offense was committed in an area that is:
                     (A)  considered to be a disaster area under
  Section 418.014 or 418.108, Government Code; or
                     (B)  subject to an emergency evacuation order.
         SECTION 2.  Section 31.03(h), Penal Code, is amended by
  adding Subdivision (3) to read as follows:
               (3)  "Emergency evacuation order" means an official
  statement issued by the governing body of this state or a political
  subdivision of this state to recommend or require the evacuation of
  all or part of the population of an area stricken or threatened with
  a disaster.
         SECTION 3.  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
  governed 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 occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2009.