85R6430 MEW-D

By: Taylor of Collin S.B. No. 1790

A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offense of fraudulent destruction, removal, or concealment of a writing that is attached to tangible property.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 32.47, Penal Code, is amended by amending Subsection (c) and adding Subsection (e) to read as follows:

(c) Except as provided by [in] Subsection (d), an offense under this section is a Class A misdemeanor, provided that the writing is not attached to tangible property to indicate the price for the sale of that property.

(e) If at the time of the offense the writing was attached to tangible property to indicate the price for the sale of that property, an offense under this section is:

(1) a Class C misdemeanor if the value of the property is less than $100;

(2) a Class B misdemeanor if the value of the property is $100 or more but less than $750;

(3) a Class A misdemeanor if the value of the property is $750 or more but less than $2,500;

(4) a state jail felony if the value of the property is $2,500 or more but less than $30,000;

(5) a felony of the third degree if the value of the property is $30,000 or more but less than $150,000;

(6) a felony of the second degree if the value of the property is $150,000 or more but less than $300,000; or

(7) a felony of the first degree if the value of the property is $300,000 or more.

SECTION 2. 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 3. This Act takes effect September 1, 2017.