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  82R5133 NAJ-D
 
  By: Martinez Fischer H.B. No. 690
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for the offense of graffiti.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.08(d), Penal Code, is amended to read
  as follows:
         (d)  An offense under this section is a state jail felony if:
               (1)  the marking is made on a school, an institution of
  higher education, a place of worship or human burial, a public
  monument, a historic structure or property, or a community center
  that provides medical, social, or educational programs; and
               (2)  the amount of the pecuniary loss to real property
  or to tangible personal property is less than $20,000.
         SECTION 2.  Section 28.08(e), Penal Code, is amended by
  adding Subdivision (2-a) to read as follows:
               (2-a)  "Historic structure or property" has the meaning
  assigned by Section 315.006, Local Government Code.
         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 on the date 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, 2011.