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A BILL TO BE ENTITLED
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AN ACT
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relating to increasing the criminal penalty for the offense of |
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criminal mischief involving a critical infrastructure facility or |
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public power supply. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.03, Penal Code, is amended by |
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amending Subsection (b) and adding Subsection (l) to read as |
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follows: |
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(b) Except as provided by Subsections (f), [and] (h), and |
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(l), an offense under this section is: |
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(1) a Class C misdemeanor if: |
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(A) the amount of pecuniary loss is less than |
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$100; or |
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(B) except as provided in Subdivision (3)(A) or |
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(3)(B), it causes substantial inconvenience to others; |
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(2) a Class B misdemeanor if the amount of pecuniary |
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loss is $100 or more but less than $750; |
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(3) a Class A misdemeanor if: |
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(A) the amount of pecuniary loss is $750 or more |
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but less than $2,500; or |
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(B) the actor causes in whole or in part |
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impairment or interruption of any public water supply, or causes to |
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be diverted in whole, in part, or in any manner, including |
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installation or removal of any device for any such purpose, any |
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public water supply, regardless of the amount of the pecuniary |
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loss; |
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(4) a state jail felony if the amount of pecuniary loss |
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is: |
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(A) $2,500 or more but less than $30,000; |
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(B) less than $2,500, if the property damaged or |
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destroyed is a habitation and if the damage or destruction is caused |
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by a firearm or explosive weapon; |
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(C) less than $2,500, if the property was a fence |
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used for the production or containment of: |
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(i) cattle, bison, horses, sheep, swine, |
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goats, exotic livestock, or exotic poultry; or |
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(ii) game animals as that term is defined by |
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Section 63.001, Parks and Wildlife Code; or |
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(D) less than $30,000 and the actor: |
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(i) causes wholly or partly impairment or |
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interruption of property used for flood control purposes or a dam or |
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of public communications, public transportation, public gas [or |
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power] supply, or other public service; or |
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(ii) causes to be diverted wholly, partly, |
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or in any manner, including installation or removal of any device |
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for any such purpose, any public communications or public gas [or |
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power] supply; |
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(5) a felony of the third degree if: |
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(A) the amount of the pecuniary loss is $30,000 |
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or more but less than $150,000; |
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(B) the actor, by discharging a firearm or other |
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weapon or by any other means, causes the death of one or more head of |
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cattle or bison or one or more horses; [or] |
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(C) the actor causes wholly or partly impairment |
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or interruption of access to an automated teller machine, |
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regardless of the amount of the pecuniary loss; or |
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(D) the amount of pecuniary loss is less than |
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$150,000 and the actor: |
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(i) causes wholly or partly impairment of a |
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critical infrastructure facility or interruption of the operations |
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of a critical infrastructure facility; or |
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(ii) causes to be diverted wholly, partly, |
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or in any manner, including installation or removal of any device |
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for any such purpose, any public power supply; |
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(6) a felony of the second degree if the amount of |
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pecuniary loss is $150,000 or more but less than $300,000; or |
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(7) a felony of the first degree if the amount of |
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pecuniary loss is $300,000 or more. |
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(l) An offense under this section is: |
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(1) a felony of the second degree if: |
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(A) the tangible property damaged, destroyed, or |
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tampered with is a critical infrastructure facility; and |
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(B) the actor causes an extended power outage; or |
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(2) a felony of the first degree if: |
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(A) the tangible property damaged, destroyed, or |
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tampered with is a critical infrastructure facility; |
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(B) the actor causes an extended power outage; |
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and |
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(C) either: |
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(i) the amount of pecuniary damage to the |
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critical infrastructure facility is $100,000 or more; or |
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(ii) the actor uses a firearm, drone, cyber |
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attack, or explosive weapon in the commission of the offense. |
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SECTION 2. Section 28.03(g), Penal Code, is amended by |
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adding Subdivisions (10), (11), (12), and (13) to read as follows: |
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(10) "Critical infrastructure facility" means an |
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electrical power generating facility, substation, switching |
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station, electrical control center, or electrical transmission or |
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distribution facility. |
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(11) "Cyber attack" means an attempt to damage, |
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disrupt, or gain unauthorized access to a computer, computer |
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network, or computer system. |
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(12) "Drone" has the meaning assigned by Article 2.33, |
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Code of Criminal Procedure, as added by Chapter 1011 (H.B. 1758), |
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Acts of the 87th Legislature, Regular Session, 2021. |
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(13) "Extended power outage" means a power outage: |
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(A) lasting for two hours or more; or |
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(B) affecting 1,000 or more meters used to |
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measure electric energy consumption by retail customers. |
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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 on the date the offense was committed, |
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and 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, 2023. |
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* * * * * |