H.B. No. 1396
 
 
 
 
AN ACT
  relating to certain criminal offenses, punishments, and
  procedures; the construction of certain statutes and rules that
  create or define criminal offenses and penalties; a review of
  certain penal laws of this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 18.02(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  A search warrant may be issued to search for and seize:
               (1)  property acquired by theft or in any other manner
  which makes its acquisition a penal offense;
               (2)  property specially designed, made, or adapted for
  or commonly used in the commission of an offense;
               (3)  arms and munitions kept or prepared for the
  purposes of insurrection or riot;
               (4)  weapons prohibited by the Penal Code;
               (5)  gambling devices or equipment, altered gambling
  equipment, or gambling paraphernalia;
               (6)  obscene materials kept or prepared for commercial
  distribution or exhibition, subject to the additional rules set
  forth by law;
               (7)  a drug, controlled substance, immediate
  precursor, chemical precursor, or other controlled substance
  property, including an apparatus or paraphernalia kept, prepared,
  or manufactured in violation of the laws of this state;
               (8)  any property the possession of which is prohibited
  by law;
               (9)  implements or instruments used in the commission
  of a crime;
               (10)  property or items, except the personal writings
  by the accused, constituting evidence of an offense or constituting
  evidence tending to show that a particular person committed an
  offense;
               (11)  persons;
               (12)  contraband subject to forfeiture under Chapter 59
  of this code; [or]
               (13)  electronic customer data held in electronic
  storage, including the contents of and records and other
  information related to a wire communication or electronic
  communication held in electronic storage; or
               (14)  a cellular telephone or other wireless
  communications device, subject to Article 18.0215.
         SECTION 2.  Chapter 18, Code of Criminal Procedure, is
  amended by adding Article 18.0215 to read as follows:
         Art. 18.0215.  ACCESS TO CELLULAR TELEPHONE OR OTHER
  WIRELESS COMMUNICATIONS DEVICE. (a) A peace officer may not search
  a person's cellular telephone or other wireless communications
  device, pursuant to a lawful arrest of the person without obtaining
  a warrant under this article.
         (b)  A warrant under this article may be issued only by a
  judge in the same judicial district as the site of:
               (1)  the law enforcement agency that employs the peace
  officer, if the cellular telephone or other wireless communications
  device is in the officer's possession; or
               (2)  the likely location of the telephone or device.
         (c)  A judge may issue a warrant under this article only on
  the application of a peace officer. An application must be written
  and signed and sworn to or affirmed before the judge. The
  application must:
               (1)  state the name, department, agency, and address of
  the applicant;
               (2)  identify the cellular telephone or other wireless
  communications device to be searched;
               (3)  state the name of the owner or possessor of the
  telephone or device to be searched;
               (4)  state the judicial district in which:
                     (A)  the law enforcement agency that employs the
  peace officer is located, if the telephone or device is in the
  officer's possession; or
                     (B)  the telephone or device is likely to be
  located; and
               (5)  state the facts and circumstances that provide the
  applicant with probable cause to believe that:
                     (A)  criminal activity has been, is, or will be
  committed; and
                     (B)  searching the telephone or device is likely
  to produce evidence in the investigation of the criminal activity
  described in Paragraph (A).
         (d)  Notwithstanding any other law, a peace officer may
  search a cellular telephone or other wireless communications device
  without a warrant if:
               (1)  the owner or possessor of the telephone or device
  consents to the search;
               (2)  the telephone or device is reported stolen by the
  owner or possessor; or
               (3)  the officer reasonably believes that:
                     (A)  the telephone or device is in the possession
  of a fugitive from justice for whom an arrest warrant has been
  issued for committing a felony offense; or
                     (B)  there exists an immediate life-threatening
  situation, as defined by Section 1, Article 18.20.
         (e)  A peace officer must apply for a warrant to search a
  cellular telephone or other wireless communications device as soon
  as practicable after a search is conducted under Subsection
  (d)(3)(A) or (B). If the judge finds that the applicable situation
  under Subsection (d)(3)(A) or (B) did not occur and declines to
  issue the warrant, any evidence obtained is not admissible in a
  criminal action.
         SECTION 3.  Article 32A.01, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 32A.01.  TRIAL PRIORITIES. (a)  Insofar as is
  practicable, the trial of a criminal action shall be given
  preference over trials of civil cases, and the trial of a criminal
  action against a defendant who is detained in jail pending trial of
  the action shall be given preference over trials of other criminal
  actions not described by Subsection (b).
         (b)  Unless extraordinary circumstances require otherwise,
  the trial of a criminal action in which the alleged victim is
  younger than 14 years of age shall be given preference over other
  matters before the court, whether civil or criminal.
         SECTION 4.  Subchapter C, Chapter 311, Government Code, is
  amended by adding Section 311.035 to read as follows:
         Sec. 311.035.  CONSTRUCTION OF STATUTE OR RULE INVOLVING
  CRIMINAL OFFENSE OR PENALTY. (a) In this section, "actor" and
  "element of offense" have the meanings assigned by Section 1.07,
  Penal Code.
         (b)  Except as provided by Subsection (c), a statute or rule
  that creates or defines a criminal offense or penalty shall be
  construed in favor of the actor if any part of the statute or rule is
  ambiguous on its face or as applied to the case, including:
               (1)  an element of offense; or
               (2)  the penalty to be imposed.
         (c)  Subsection (b) does not apply to a criminal offense or
  penalty under the Penal Code or under the Texas Controlled
  Substances Act.
         (d)  The ambiguity of a part of a statute or rule to which
  this section applies is a matter of law to be resolved by the judge.
         SECTION 5.  Sections 28.03(b), (f), (h), and (j), Penal
  Code, are amended to read as follows:
         (b)  Except as provided by Subsections (f) and (h), an
  offense under this section is:
               (1)  a Class C misdemeanor if:
                     (A)  the amount of pecuniary loss is less than
  $100 [$50]; or
                     (B)  except as provided in Subdivision (3)(A) or
  (3)(B), it causes substantial inconvenience to others;
               (2)  a Class B misdemeanor if the amount of pecuniary
  loss is $100 [$50] or more but less than $750 [$500];
               (3)  a Class A misdemeanor if:
                     (A)  the amount of pecuniary loss is $750 [$500]
  or more but less than $2,500 [$1,500]; or
                     (B)  the actor causes in whole or in part
  impairment or interruption of any public water supply, or causes to
  be diverted in whole, in part, or in any manner, including
  installation or removal of any device for any such purpose, any
  public water supply, regardless of the amount of the pecuniary
  loss;
               (4)  a state jail felony if the amount of pecuniary loss
  is:
                     (A)  $2,500 [$1,500] or more but less than $30,000 
  [$20,000];
                     (B)  less than $2,500 [$1,500], if the property
  damaged or destroyed is a habitation and if the damage or
  destruction is caused by a firearm or explosive weapon;
                     (C)  less than $2,500 [$1,500], if the property
  was a fence used for the production or containment of:
                           (i)  cattle, bison, horses, sheep, swine,
  goats, exotic livestock, or exotic poultry; or
                           (ii)  game animals as that term is defined by
  Section 63.001, Parks and Wildlife Code; or
                     (D)  less than $30,000 [$20,000] and the actor
  causes wholly or partly impairment or interruption of public
  communications, public transportation, public gas or power supply,
  or other public service, or causes to be diverted wholly, partly, or
  in any manner, including installation or removal of any device for
  any such purpose, any public communications or public gas or power
  supply;
               (5)  a felony of the third degree if the amount of the
  pecuniary loss is $30,000 [$20,000] or more but less than $150,000 
  [$100,000];
               (6)  a felony of the second degree if the amount of
  pecuniary loss is $150,000 [$100,000] or more but less than
  $300,000 [$200,000]; or
               (7)  a felony of the first degree if the amount of
  pecuniary loss is $300,000 [$200,000] or more.
         (f)  An offense under this section is a state jail felony if
  the damage or destruction is inflicted on a place of worship or
  human burial, a public monument, or a community center that
  provides medical, social, or educational programs and the amount of
  the pecuniary loss to real property or to tangible personal
  property is $750 or more but less than $30,000 [$20,000].
         (h)  An offense under this section is a state jail felony if
  the amount of the pecuniary loss to real property or to tangible
  personal property is $750 [$1,500] or more but less than $30,000 
  [$20,000] and the damage or destruction is inflicted on a public or
  private elementary school, secondary school, or institution of
  higher education.
         (j)  Notwithstanding Subsection (b), an offense under this
  section is a felony of the third degree if:
               (1)  the tangible property damaged, destroyed, or
  tampered with is transportation communications equipment or a
  transportation communications device; and
               (2)  the amount of the pecuniary loss to the tangible
  property is less than $150,000 [$100,000].
         SECTION 6.  Section 28.06(d), Penal Code, is amended to read
  as follows:
         (d)  If the amount of pecuniary loss cannot be ascertained by
  the criteria set forth in Subsections (a) through (c), the amount of
  loss is deemed to be greater than $750 [$500] but less than $2,500 
  [$1,500].
         SECTION 7.  Section 28.07(e), Penal Code, is amended to read
  as follows:
         (e)  An offense under Subsection (b)(2)(B), (b)(2)(C), or
  (b)(2)(D) is a Class C misdemeanor unless the person causes
  pecuniary loss of $100 or more, in which event the offense is:
               (1)  a Class B misdemeanor if the amount of pecuniary
  loss is $100 [$20] or more but less than $750 [$500];
               (2)  a Class A misdemeanor if the amount of pecuniary
  loss is $750 [$500] or more but less than $2,500 [$1,500];
               (3)  a state jail felony if the amount of pecuniary loss
  is $2,500 [$1,500] or more but less than $30,000 [$20,000];
               (4)  a felony of the third degree if the amount of the
  pecuniary loss is $30,000 [$20,000] or more but less than $150,000 
  [$100,000];
               (5)  a felony of the second degree if the amount of
  pecuniary loss is $150,000 [$100,000] or more but less than
  $300,000 [$200,000]; or
               (6)  a felony of the first degree if the amount of the
  pecuniary loss is $300,000 [$200,000] or more.
         SECTION 8.  Sections 28.08(b) and (d), Penal Code, are
  amended to read as follows:
         (b)  Except as provided by Subsection (d), an offense under
  this section is:
               (1)  a Class C misdemeanor if the amount of pecuniary
  loss is less than $100;
               (2)  a Class B misdemeanor if the amount of pecuniary
  loss is $100 or more but less than $750 [$500];
               (3) [(2)]  a Class A misdemeanor if the amount of
  pecuniary loss is $750 [$500] or more but less than $2,500 [$1,500];
               (4) [(3)]  a state jail felony if the amount of
  pecuniary loss is $2,500 [$1,500] or more but less than $30,000 
  [$20,000];
               (5) [(4)]  a felony of the third degree if the amount of
  pecuniary loss is $30,000 [$20,000] or more but less than $150,000 
  [$100,000];
               (6) [(5)]  a felony of the second degree if the amount
  of pecuniary loss is $150,000 [$100,000] or more but less than
  $300,000 [$200,000]; or
               (7) [(6)]  a felony of the first degree if the amount of
  pecuniary loss is $300,000 [$200,000] or more.
         (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, 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 $750 or more but less than
  $30,000 [$20,000].
         SECTION 9.  Article 14.06(d), Code of Criminal Procedure, is
  amended to read as follows:
         (d)  Subsection (c) applies only to a person charged with
  committing an offense under:
               (1)  Section 481.121, Health and Safety Code, if the
  offense is punishable under Subsection (b)(1) or (2) of that
  section;
               (1-a)  Section 481.1161, Health and Safety Code, if the
  offense is punishable under Subsection (b)(1) or (2) of that
  section;
               (2)  Section 28.03, Penal Code, if the offense is
  punishable under Subsection (b)(2) of that section;
               (3)  Section 28.08, Penal Code, if the offense is
  punishable under Subsection (b)(2) or (3) [(b)(1)] of that section;
               (4)  Section 31.03, Penal Code, if the offense is
  punishable under Subsection (e)(2)(A) of that section;
               (5)  Section 31.04, Penal Code, if the offense is
  punishable under Subsection (e)(2) of that section;
               (6)  Section 38.114, Penal Code, if the offense is
  punishable as a Class B misdemeanor; or
               (7)  Section 521.457, Transportation Code.
         SECTION 10.  Section 31.03(e), Penal Code, is amended to
  read as follows:
         (e)  Except as provided by Subsection (f), an offense under
  this section is:
               (1)  a Class C misdemeanor if the value of the property
  stolen is less than $100[:
                     [(A)  $50; or
                     [(B)     $20 and the defendant obtained the property
  by issuing or passing a check or similar sight order in a manner
  described by Section 31.06];
               (2)  a Class B misdemeanor if:
                     (A)  the value of the property stolen is $100[:
                           [(i)  $50] or more but less than $750 [$500;
  or
                           [(ii)     $20 or more but less than $500 and the
  defendant obtained the property by issuing or passing a check or
  similar sight order in a manner described by Section 31.06];
                     (B)  the value of the property stolen is less than
  $100[:
                           [(i)  $50] and the defendant has previously
  been convicted of any grade of theft; or
                           [(ii)     $20, the defendant has previously
  been convicted of any grade of theft, and the defendant obtained the
  property by issuing or passing a check or similar sight order in a
  manner described by Section 31.06; or]
                     (C)  the property stolen is a driver's license,
  commercial driver's license, or personal identification
  certificate issued by this state or another state;
               (3)  a Class A misdemeanor if the value of the property
  stolen is $750 [$500] or more but less than $2,500 [$1,500];
               (4)  a state jail felony if:
                     (A)  the value of the property stolen is $2,500 
  [$1,500] or more but less than $30,000 [$20,000], or the property is
  less than 10 head of sheep, swine, or goats or any part thereof
  under the value of $30,000 [$20,000];
                     (B)  regardless of value, the property is stolen
  from the person of another or from a human corpse or grave,
  including property that is a military grave marker;
                     (C)  the property stolen is a firearm, as defined
  by Section 46.01;
                     (D)  the value of the property stolen is less than
  $2,500 [$1,500] and the defendant has been previously convicted two
  or more times of any grade of theft;
                     (E)  the property stolen is an official ballot or
  official carrier envelope for an election; or
                     (F)  the value of the property stolen is less than
  $20,000 and the property stolen is:
                           (i)  aluminum;
                           (ii)  bronze;
                           (iii)  copper; or
                           (iv)  brass;
               (5)  a felony of the third degree if the value of the
  property stolen is $30,000 [$20,000] or more but less than $150,000 
  [$100,000], or the property is:
                     (A)  cattle, horses, or exotic livestock or exotic
  fowl as defined by Section 142.001, Agriculture Code, stolen during
  a single transaction and having an aggregate value of less than
  $150,000 [$100,000]; or
                     (B)  10 or more head of sheep, swine, or goats
  stolen during a single transaction and having an aggregate value of
  less than $150,000 [$100,000];
               (6)  a felony of the second degree if:
                     (A)  the value of the property stolen is $150,000 
  [$100,000] or more but less than $300,000 [$200,000]; or
                     (B)  the value of the property stolen is less than
  $300,000 [$200,000] and the property stolen is an automated teller
  machine or the contents or components of an automated teller
  machine; or
               (7)  a felony of the first degree if the value of the
  property stolen is $300,000 [$200,000] or more.
         SECTION 11.  Sections 31.04(b) and (e), Penal Code, are
  amended to read as follows:
         (b)  For purposes of this section, intent to avoid payment is
  presumed if:
               (1)  the actor absconded without paying for the service
  or expressly refused to pay for the service in circumstances where
  payment is ordinarily made immediately upon rendering of the
  service, as in hotels, campgrounds, recreational vehicle parks,
  restaurants, and comparable establishments;
               (2)  the actor failed to make payment under a service
  agreement within 10 days after receiving notice demanding payment;
               (3)  the actor returns property held under a rental
  agreement after the expiration of the rental agreement and fails to
  pay the applicable rental charge for the property within 10 days
  after the date on which the actor received notice demanding
  payment; or
               (4)  the actor failed to return the property held under
  a rental agreement:
                     (A)  within five days after receiving notice
  demanding return, if the property is valued at less than $2,500 
  [$1,500]; or
                     (B)  within three days after receiving notice
  demanding return, if the property is valued at $2,500 [$1,500] or
  more.
         (e)  An offense under this section is:
               (1)  a Class C misdemeanor if the value of the service
  stolen is less than $100 [$20];
               (2)  a Class B misdemeanor if the value of the service
  stolen is $100 [$20] or more but less than $750 [$500];
               (3)  a Class A misdemeanor if the value of the service
  stolen is $750 [$500] or more but less than $2,500 [$1,500];
               (4)  a state jail felony if the value of the service
  stolen is $2,500 [$1,500] or more but less than $30,000 [$20,000];
               (5)  a felony of the third degree if the value of the
  service stolen is $30,000 [$20,000] or more but less than $150,000 
  [$100,000];
               (6)  a felony of the second degree if the value of the
  service stolen is $150,000 [$100,000] or more but less than
  $300,000 [$200,000]; or
               (7)  a felony of the first degree if the value of the
  service stolen is $300,000 [$200,000] or more.
         SECTION 12.  Section 31.08(c), Penal Code, is amended to
  read as follows:
         (c)  If property or service has value that cannot be
  reasonably ascertained by the criteria set forth in Subsections (a)
  and (b), the property or service is deemed to have a value of $750 
  [$500] or more but less than $2,500 [$1,500].
         SECTION 13.  Sections 31.16(c) and (d), Penal Code, are
  amended to read as follows:
         (c)  An offense under this section is:
               (1)  a Class C misdemeanor if the total value of the
  merchandise involved in the activity is less than $100;
               (2)  a Class B misdemeanor if the total value of the
  merchandise involved in the activity is $100 or more but less than
  $750 [$50];
               (3) [(2)]  a Class A misdemeanor if the total value of
  the merchandise involved in the activity is $750 [$50] or more but
  less than $2,500 [$500];
               (4) [(3)]  a state jail felony if the total value of the
  merchandise involved in the activity is $2,500 [$500] or more but
  less than $30,000 [$1,500];
               (5) [(4)]  a felony of the third degree if the total
  value of the merchandise involved in the activity is $30,000 
  [$1,500] or more but less than $150,000 [$20,000];
               (6) [(5)]  a felony of the second degree if the total
  value of the merchandise involved in the activity is $150,000 
  [$20,000] or more but less than $300,000 [$100,000]; or
               (7) [(6)]  a felony of the first degree if the total
  value of the merchandise involved in the activity is $300,000 
  [$100,000] or more.
         (d)  An offense described for purposes of punishment by
  Subsections (c)(1)-(6) [(c)(1)-(5)] is increased to the next higher
  category of offense if it is shown on the trial of the offense that:
               (1)  the person organized, supervised, financed, or
  managed one or more other persons engaged in an activity described
  by Subsection (b); or
               (2)  during the commission of the offense, a person
  engaged in an activity described by Subsection (b) intentionally,
  knowingly, or recklessly:
                     (A)  caused a fire exit alarm to sound or
  otherwise become activated;
                     (B)  deactivated or otherwise prevented a fire
  exit alarm or retail theft detector from sounding; or
                     (C)  used a shielding or deactivation instrument
  to prevent or attempt to prevent detection of the offense by a
  retail theft detector.
         SECTION 14.  Section 32.02(c), Penal Code, is amended to
  read as follows:
         (c)  If property or service has value that cannot be
  reasonably ascertained by the criteria set forth in Subsections (a)
  and (b), the property or service is deemed to have a value of $750 
  [$500] or more but less than $2,500 [$1,500].
         SECTION 15.  Section 32.23(e), Penal Code, is amended to
  read as follows:
         (e)  An offense under this section is a:
               (1)  Class C misdemeanor if the retail value of the item
  or service is less than $100 [$20];
               (2)  Class B misdemeanor if the retail value of the item
  or service is $100 [$20] or more but less than $750 [$500];
               (3)  Class A misdemeanor if the retail value of the item
  or service is $750 [$500] or more but less than $2,500 [$1,500];
               (4)  state jail felony if the retail value of the item
  or service is $2,500 [$1,500] or more but less than $30,000 
  [$20,000];
               (5)  felony of the third degree if the retail value of
  the item or service is $30,000 [$20,000] or more but less than
  $150,000 [$100,000];
               (6)  felony of the second degree if the retail value of
  the item or service is $150,000 [$100,000] or more but less than
  $300,000 [$200,000]; or
               (7)  felony of the first degree if the retail value of
  the item or service is $300,000 [$200,000] or more.
         SECTION 16.  Section 32.32(c), Penal Code, is amended to
  read as follows:
         (c)  An offense under this section is:
               (1)  a Class C misdemeanor if the value of the property
  or the amount of credit is less than $100 [$50];
               (2)  a Class B misdemeanor if the value of the property
  or the amount of credit is $100 [$50] or more but less than $750 
  [$500];
               (3)  a Class A misdemeanor if the value of the property
  or the amount of credit is $750 [$500] or more but less than $2,500
  [$1,500];
               (4)  a state jail felony if the value of the property or
  the amount of credit is $2,500 [$1,500] or more but less than
  $30,000 [$20,000];
               (5)  a felony of the third degree if the value of the
  property or the amount of credit is $30,000 [$20,000] or more but
  less than $150,000 [$100,000];
               (6)  a felony of the second degree if the value of the
  property or the amount of credit is $150,000 [$100,000] or more but
  less than $300,000 [$200,000]; or
               (7)  a felony of the first degree if the value of the
  property or the amount of credit is $300,000 [$200,000] or more.
         SECTION 17.  Sections 32.33(d) and (e), Penal Code, are
  amended to read as follows:
         (d)  An offense under Subsection (b) is a:
               (1)  Class C misdemeanor if the value of the property
  destroyed, removed, concealed, encumbered, or otherwise harmed or
  reduced in value is less than $100 [$20];
               (2)  Class B misdemeanor if the value of the property
  destroyed, removed, concealed, encumbered, or otherwise harmed or
  reduced in value is $100 [$20] or more but less than $750 [$500];
               (3)  Class A misdemeanor if the value of the property
  destroyed, removed, concealed, encumbered, or otherwise harmed or
  reduced in value is $750 [$500] or more but less than $2,500 
  [$1,500];
               (4)  state jail felony if the value of the property
  destroyed, removed, concealed, encumbered, or otherwise harmed or
  reduced in value is $2,500 [$1,500] or more but less than $30,000 
  [$20,000];
               (5)  felony of the third degree if the value of the
  property destroyed, removed, concealed, encumbered, or otherwise
  harmed or reduced in value is $30,000 [$20,000] or more but less
  than $150,000 [$100,000];
               (6)  felony of the second degree if the value of the
  property destroyed, removed, concealed, encumbered, or otherwise
  harmed or reduced in value is $150,000 [$100,000] or more but less
  than $300,000 [$200,000]; or
               (7)  felony of the first degree if the value of the
  property destroyed, removed, concealed, encumbered, or otherwise
  harmed or reduced in value is $300,000 [$200,000] or more.
         (e)  A person who is a debtor under a security agreement, and
  who does not have a right to sell or dispose of the secured property
  or is required to account to the secured party for the proceeds of a
  permitted sale or disposition, commits an offense if the person
  sells or otherwise disposes of the secured property, or does not
  account to the secured party for the proceeds of a sale or other
  disposition as required, with intent to appropriate (as defined in
  Chapter 31) the proceeds or value of the secured property. A person
  is presumed to have intended to appropriate proceeds if the person
  does not deliver the proceeds to the secured party or account to the
  secured party for the proceeds before the 11th day after the day
  that the secured party makes a lawful demand for the proceeds or
  account. An offense under this subsection is:
               (1)  a Class C misdemeanor if the proceeds obtained
  from the sale or other disposition are money or goods having a value
  of less than $100 [$20];
               (2)  a Class B misdemeanor if the proceeds obtained
  from the sale or other disposition are money or goods having a value
  of $100 [$20] or more but less than $750 [$500];
               (3)  a Class A misdemeanor if the proceeds obtained
  from the sale or other disposition are money or goods having a value
  of $750 [$500] or more but less than $2,500 [$1,500];
               (4)  a state jail felony if the proceeds obtained from
  the sale or other disposition are money or goods having a value of
  $2,500 [$1,500] or more but less than $30,000 [$20,000];
               (5)  a felony of the third degree if the proceeds
  obtained from the sale or other disposition are money or goods
  having a value of $30,000 [$20,000] or more but less than $150,000 
  [$100,000];
               (6)  a felony of the second degree if the proceeds
  obtained from the sale or other disposition are money or goods
  having a value of $150,000 [$100,000] or more but less than $300,000 
  [$200,000]; or
               (7)  a felony of the first degree if the proceeds
  obtained from the sale or other disposition are money or goods
  having a value of $300,000 [$200,000] or more.
         SECTION 18.  Section 32.34(f), Penal Code, is amended to
  read as follows:
         (f)  An offense under Subsection (b)(1), (b)(2), or (b)(3)
  is:
               (1)  a state jail felony if the value of the motor
  vehicle is less than $30,000 [$20,000]; [or]
               (2)  a felony of the third degree if the value of the
  motor vehicle is $30,000 [$20,000] or more but less than $150,000;
               (3)  a felony of the second degree if the value of the
  motor vehicle is $150,000 or more but less than $300,000; or
               (4)  a felony of the first degree if the value of the
  motor vehicle is $300,000 or more.
         SECTION 19.  Section 32.35(e), Penal Code, is amended to
  read as follows:
         (e)  An offense under this section is a:
               (1)  Class C misdemeanor if the amount of the record of
  a sale is less than $100 [$20];
               (2)  Class B misdemeanor if the amount of the record of
  a sale is $100 [$20] or more but less than $750 [$500];
               (3)  Class A misdemeanor if the amount of the record of
  a sale is $750 [$500] or more but less than $2,500 [$1,500];
               (4)  state jail felony if the amount of the record of a
  sale is $2,500 [$1,500] or more but less than $30,000 [$20,000];
               (5)  felony of the third degree if the amount of the
  record of a sale is $30,000 [$20,000] or more but less than $150,000 
  [$100,000];
               (6)  felony of the second degree if the amount of the
  record of a sale is $150,000 [$100,000] or more but less than
  $300,000 [$200,000]; or
               (7)  felony of the first degree if the amount of the
  record of a sale is $300,000 [$200,000] or more.
         SECTION 20.  Section 32.441(e), Penal Code, is amended to
  read as follows:
         (e)  An offense under this section is a:
               (1)  Class C misdemeanor if the value of the benefit is
  less than $100 [$20];
               (2)  Class B misdemeanor if the value of the benefit is
  $100 [$20] or more but less than $750 [$500];
               (3)  Class A misdemeanor if the value of the benefit is
  $750 [$500] or more but less than $2,500 [$1,500];
               (4)  state jail felony if the value of the benefit is
  $2,500 [$1,500] or more but less than $30,000 [$20,000];
               (5)  felony of the third degree if the value of the
  benefit is $30,000 [$20,000] or more but less than $150,000 
  [$100,000];
               (6)  felony of the second degree if the value of the
  benefit is $150,000 [$100,000] or more but less than $300,000 
  [$200,000]; or
               (7)  felony of the first degree if the value of the
  benefit is $300,000 [$200,000] or more.
         SECTION 21.  Section 32.45(c), Penal Code, is amended to
  read as follows:
         (c)  An offense under this section is:
               (1)  a Class C misdemeanor if the value of the property
  misapplied is less than $100 [$20];
               (2)  a Class B misdemeanor if the value of the property
  misapplied is $100 [$20] or more but less than $750 [$500];
               (3)  a Class A misdemeanor if the value of the property
  misapplied is $750 [$500] or more but less than $2,500 [$1,500];
               (4)  a state jail felony if the value of the property
  misapplied is $2,500 [$1,500] or more but less than $30,000 
  [$20,000];
               (5)  a felony of the third degree if the value of the
  property misapplied is $30,000 [$20,000] or more but less than
  $150,000 [$100,000];
               (6)  a felony of the second degree if the value of the
  property misapplied is $150,000 [$100,000] or more but less than
  $300,000 [$200,000]; or
               (7)  a felony of the first degree if the value of the
  property misapplied is $300,000 [$200,000] or more.
         SECTION 22.  Section 32.46(b), Penal Code, is amended to
  read as follows:
         (b)  An offense under Subsection (a)(1) is a:
               (1)  Class C misdemeanor if the value of the property,
  service, or pecuniary interest is less than $100 [$20];
               (2)  Class B misdemeanor if the value of the property,
  service, or pecuniary interest is $100 [$20] or more but less than
  $750 [$500];
               (3)  Class A misdemeanor if the value of the property,
  service, or pecuniary interest is $750 [$500] or more but less than
  $2,500 [$1,500];
               (4)  state jail felony if the value of the property,
  service, or pecuniary interest is $2,500 [$1,500] or more but less
  than $30,000 [$20,000];
               (5)  felony of the third degree if the value of the
  property, service, or pecuniary interest is $30,000 [$20,000] or
  more but less than $150,000 [$100,000];
               (6)  felony of the second degree if the value of the
  property, service, or pecuniary interest is $150,000 [$100,000] or
  more but less than $300,000 [$200,000]; or
               (7)  felony of the first degree if the value of the
  property, service, or pecuniary interest is $300,000 [$200,000] or
  more.
         SECTION 23.  Section 33.02(b-2), Penal Code, is amended to
  read as follows:
         (b-2)  An offense under Subsection (b-1) is:
               (1)  a Class C misdemeanor if the aggregate amount
  involved is less than $100;
               (2)  a Class B misdemeanor if the aggregate amount
  involved is $100 or more but less than $750;
               (3)  a Class A misdemeanor if the aggregate amount
  involved is $750 or more but less than $2,500;
               (4) [(1)]  a state jail felony if the aggregate amount
  involved is $2,500 or more but less than $30,000 [$20,000];
               (5) [(2)]  a felony of the third degree if the
  aggregate amount involved is $30,000 [$20,000] or more but less
  than $150,000 [$100,000];
               (6) [(3)]  a felony of the second degree if:
                     (A)  the aggregate amount involved is $150,000 
  [$100,000] or more but less than $300,000 [$200,000];
                     (B)  the aggregate amount involved is any amount
  less than $300,000 [$200,000] and the computer, computer network,
  or computer system is owned by the government or a critical
  infrastructure facility; or
                     (C)  the actor obtains the identifying
  information of another by accessing only one computer, computer
  network, or computer system; or
               (7) [(4)]  a felony of the first degree if:
                     (A)  the aggregate amount involved is $300,000 
  [$200,000] or more; or
                     (B)  the actor obtains the identifying
  information of another by accessing more than one computer,
  computer network, or computer system.
         SECTION 24.  Section 34.02(e), Penal Code, is amended to
  read as follows:
         (e)  An offense under this section is:
               (1)  a state jail felony if the value of the funds is
  $2,500 [$1,500] or more but less than $30,000 [$20,000];
               (2)  a felony of the third degree if the value of the
  funds is $30,000 [$20,000] or more but less than $150,000 
  [$100,000];
               (3)  a felony of the second degree if the value of the
  funds is $150,000 [$100,000] or more but less than $300,000 
  [$200,000]; or
               (4)  a felony of the first degree if the value of the
  funds is $300,000 [$200,000] or more.
         SECTION 25.  Section 35.02(c), Penal Code, is amended to
  read as follows:
         (c)  An offense under Subsection (a) or (b) is:
               (1)  a Class C misdemeanor if the value of the claim is
  less than $100 [$50];
               (2)  a Class B misdemeanor if the value of the claim is
  $100 [$50] or more but less than $750 [$500];
               (3)  a Class A misdemeanor if the value of the claim is
  $750 [$500] or more but less than $2,500 [$1,500];
               (4)  a state jail felony if the value of the claim is
  $2,500 [$1,500] or more but less than $30,000 [$20,000];
               (5)  a felony of the third degree if the value of the
  claim is $30,000 [$20,000] or more but less than $150,000 
  [$100,000];
               (6)  a felony of the second degree if the value of the
  claim is $150,000 [$100,000] or more but less than $300,000 
  [$200,000]; or
               (7)  a felony of the first degree if:
                     (A)  the value of the claim is $300,000 [$200,000]
  or more; or
                     (B)  an act committed in connection with the
  commission of the offense places a person at risk of death or
  serious bodily injury.
         SECTION 26.  Section 35.025(b), Penal Code, is amended to
  read as follows:
         (b)  If goods or services that are the subject of a claim
  cannot be reasonably ascertained under Subsection (a), the goods or
  services are considered to have a value of $750 [$500] or more but
  less than $2,500 [$1,500].
         SECTION 27.  Section 35A.02(b), Penal Code, is amended to
  read as follows:
         (b)  An offense under this section is:
               (1)  a Class C misdemeanor if the amount of any payment
  or the value of any monetary or in-kind benefit provided or claim
  for payment made under the Medicaid program, directly or
  indirectly, as a result of the conduct is less than $100 [$50];
               (2)  a Class B misdemeanor if the amount of any payment
  or the value of any monetary or in-kind benefit provided or claim
  for payment made under the Medicaid program, directly or
  indirectly, as a result of the conduct is $100 [$50] or more but
  less than $750 [$500];
               (3)  a Class A misdemeanor if the amount of any payment
  or the value of any monetary or in-kind benefit provided or claim
  for payment made under the Medicaid program, directly or
  indirectly, as a result of the conduct is $750 [$500] or more but
  less than $2,500 [$1,500];
               (4)  a state jail felony if:
                     (A)  the amount of any payment or the value of any
  monetary or in-kind benefit provided or claim for payment made
  under the Medicaid program, directly or indirectly, as a result of
  the conduct is $2,500 [$1,500] or more but less than $30,000 
  [$20,000];
                     (B)  the offense is committed under Subsection
  (a)(11); or
                     (C)  it is shown on the trial of the offense that
  the amount of the payment or value of the benefit described by this
  subsection cannot be reasonably ascertained;
               (5)  a felony of the third degree if:
                     (A)  the amount of any payment or the value of any
  monetary or in-kind benefit provided or claim for payment made
  under the Medicaid program, directly or indirectly, as a result of
  the conduct is $30,000 [$20,000] or more but less than $150,000 
  [$100,000]; or
                     (B)  it is shown on the trial of the offense that
  the defendant submitted more than 25 but fewer than 50 fraudulent
  claims under the Medicaid program and the submission of each claim
  constitutes conduct prohibited by Subsection (a);
               (6)  a felony of the second degree if:
                     (A)  the amount of any payment or the value of any
  monetary or in-kind benefit provided or claim for payment made
  under the Medicaid program, directly or indirectly, as a result of
  the conduct is $150,000 [$100,000] or more but less than $300,000 
  [$200,000]; or
                     (B)  it is shown on the trial of the offense that
  the defendant submitted 50 or more fraudulent claims under the
  Medicaid program and the submission of each claim constitutes
  conduct prohibited by Subsection (a); or
               (7)  a felony of the first degree if the amount of any
  payment or the value of any monetary or in-kind benefit provided or
  claim for payment made under the Medicaid program, directly or
  indirectly, as a result of the conduct is $300,000 [$200,000] or
  more.
         SECTION 28.  Section 39.02(c), Penal Code, is amended to
  read as follows:
         (c)  An offense under Subsection (a)(2) is:
               (1)  a Class C misdemeanor if the value of the use of
  the thing misused is less than $100 [$20];
               (2)  a Class B misdemeanor if the value of the use of
  the thing misused is $100 [$20] or more but less than $750 [$500];
               (3)  a Class A misdemeanor if the value of the use of
  the thing misused is $750 [$500] or more but less than $2,500 
  [$1,500];
               (4)  a state jail felony if the value of the use of the
  thing misused is $2,500 [$1,500] or more but less than $30,000 
  [$20,000];
               (5)  a felony of the third degree if the value of the
  use of the thing misused is $30,000 [$20,000] or more but less than
  $150,000 [$100,000];
               (6)  a felony of the second degree if the value of the
  use of the thing misused is $150,000 [$100,000] or more but less
  than $300,000 [$200,000]; or
               (7)  a felony of the first degree if the value of the
  use of the thing misused is $300,000 [$200,000] or more.
         SECTION 29.  (a) A commission is created to study and review
  all penal laws of this state other than criminal offenses:
               (1)  under the Penal Code;
               (2)  under Chapter 481, Health and Safety Code; or
               (3)  related to the operation of a motor vehicle.
         (b)  The commission shall:
               (1)  evaluate all laws described by Subsection (a) of
  this section; and
               (2)  make recommendations to the legislature regarding
  the repeal of laws that are identified as being unnecessary,
  unclear, duplicative, overly broad, or otherwise insufficient to
  serve the intended purpose of the law.
         (c)  The commission is composed of nine members appointed as
  follows:
               (1)  two members appointed by the governor;
               (2)  two members appointed by the lieutenant governor;
               (3)  two members appointed by the speaker of the house
  of representatives;
               (4)  two members appointed by the chief justice of the
  Supreme Court of Texas; and
               (5)  one member appointed by the presiding judge of the
  Texas Court of Criminal Appeals.
         (d)  The officials making appointments to the commission
  under Subsection (c) of this section shall ensure that the
  membership of the commission includes representatives of all areas
  of the criminal justice system, including prosecutors, defense
  attorneys, judges, legal scholars, and relevant business
  interests.
         (e)  The governor shall designate one member of the
  commission to serve as the presiding officer of the commission.
         (f)  A member of the commission is not entitled to
  compensation or reimbursement of expenses.
         (g)  The commission shall meet at the call of the presiding
  officer.
         (h)  Not later than November 1, 2016, the commission shall
  report the commission's findings and recommendations to the
  governor, the lieutenant governor, the speaker of the house of
  representatives, the Supreme Court of Texas, the Texas Court of
  Criminal Appeals, and the standing committees of the house of
  representatives and the senate with primary jurisdiction over
  criminal justice. The commission shall include in its
  recommendations any specific statutes that the commission
  recommends revising or repealing.
         (i)  Not later than November 1, 2015, the governor, the
  lieutenant governor, the speaker of the house of representatives,
  the chief justice of the Supreme Court of Texas, and the presiding
  judge of the Texas Court of Criminal Appeals shall appoint the
  members of the commission created under this section.
         (j)  The commission is abolished and this section expires
  December 31, 2016.
         SECTION 30.  (a)  The changes in law made by this Act to the
  Penal Code apply 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 subsection, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         (b)  The change in law made by Section 311.035, Government
  Code, as added by this Act, applies only to a criminal proceeding
  that commences on or after the effective date of this Act. A
  criminal proceeding that commences before the effective date of
  this Act is governed by the law in effect on the date the proceeding
  commenced, and the former law is continued in effect for that
  purpose.
         SECTION 31.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1396 was passed by the House on May
  13, 2015, by the following vote:  Yeas 142, Nays 2, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1396 on May 29, 2015, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1396 on May 31, 2015, by the following vote:  Yeas 141,
  Nays 2, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1396 was passed by the Senate, with
  amendments, on May 27, 2015, by the following vote:  Yeas 30, Nays
  1; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1396 on May 31, 2015, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor