83R6889 MEW-D
	By: White	H.B. No. 2849

	A BILL TO BE ENTITLED
	AN ACT
	relating to the punishment for property offenses involving criminal
	mischief and graffiti.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 28.03(b), (f), (h), (i), and (j), Penal
	Code, are amended to read as follows:
	(b)  Except as provided by Subsections (f), [and] (h), (i),
	and (j), an offense under this section is punishable as provided by
	Section 28.09 [:
	[(1)  a Class C misdemeanor if:
	[(A)     the amount of pecuniary loss is less than
	$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 $50 or more but less than $500;
	[(3)  a Class A misdemeanor if:
	[(A)     the amount of pecuniary loss is     $500 or
	more but less than $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)  $1,500 or more but less than $20,000;
	[(B)     less than $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 $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 $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 $20,000 or more but less than $100,000;
	[(6)     a felony of the second degree if the amount of
	pecuniary loss is $100,000 or more but less than $200,000; or
	[(7)     a felony of the first degree if the amount of
	pecuniary loss is $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 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 $3,000 [$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.
	(i)  An [Notwithstanding Subsection (b), an] offense under
	this section is a felony of the first degree if the property is
	livestock and the damage is caused by introducing bovine spongiform
	encephalopathy, commonly known as mad cow disease, or a disease
	described by Section 161.041(a), Agriculture Code. In this
	subsection, "livestock" has the meaning assigned by Section
	161.001, Agriculture Code.
	(j)  An [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 2.  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 punishable as provided by Section 28.09[:
	[(1)     a Class B misdemeanor if the amount of pecuniary
	loss is less than $500;
	[(2)     a Class A misdemeanor if the amount of pecuniary
	loss is $500 or more but less than $1,500;
	[(3)     a state jail felony if the amount of pecuniary
	loss is $1,500 or more but less than $20,000;
	[(4)     a felony of the third degree if the amount of
	pecuniary loss is $20,000 or more but less than $100,000;
	[(5)     a felony of the second degree if the amount of
	pecuniary loss is $100,000 or more but less than $200,000; or
	[(6)     a felony of the first degree if the amount of
	pecuniary loss is $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 less than $30,000 [$20,000].
	SECTION 3.  Chapter 28, Penal Code, is amended by adding
	Section 28.09 to read as follows:
	Sec. 28.09.  GENERAL PENALTY. (a)  An offense under Section
	28.03 or 28.08 is:
	(1)  a Class C misdemeanor if:
	(A)  the amount of pecuniary loss is less than
	$100; or
	(B)  the offense was committed under Section 28.03
	and, except as provided by Subdivision (3)(B) or (4)(C)(iii) of
	this subsection, it causes substantial inconvenience to others;
	(2)  a Class B misdemeanor if the amount of pecuniary
	loss is $100 or more but less than $1,500;
	(3)  a Class A misdemeanor if:
	(A)  the amount of pecuniary loss is $1,500 or
	more but less than $3,000; or
	(B)  the offense was committed under Section 28.03
	and the actor causes wholly or partly impairment or interruption of
	any public water supply, or causes to be diverted wholly, partly, 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:
	(A)  the amount of pecuniary loss is $3,000 or
	more but less than $30,000;
	(B)  the offense was committed under Section 28.03
	and the amount of pecuniary loss is less than $3,000, if the
	property damaged or destroyed was:
	(i)  a fence used for the production or
	containment of:
	(a)  cattle, bison, horses, sheep,
	swine, goats, exotic livestock, or exotic poultry; or
	(b)  game animals, as that term is
	defined by Section 63.001, Parks and Wildlife Code; or
	(ii)  a habitation and the damage or
	destruction was caused by a firearm or explosive weapon; or
	(C)  the offense:
	(i)  was committed under Section 28.03;
	(ii)  the amount of pecuniary loss is less
	than $30,000; and
	(iii)  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
	pecuniary loss is $30,000 or more but less than $150,000;
	(6)  a felony of the second degree if the amount of
	pecuniary loss is $150,000 or more but less than $300,000; or
	(7)  a felony of the first degree if the amount of
	pecuniary loss is $300,000 or more.
	(b)  The terms "public communication, public transportation,
	public gas or power supply, or other public service" and "public
	water supply" shall mean, refer to, and include any such services
	subject to regulation by the Public Utility Commission of Texas,
	the Railroad Commission of Texas, or the Texas Commission on
	Environmental Quality or any such services enfranchised by the
	State of Texas or any political subdivision thereof.
	(c)  When more than one item of tangible property, belonging
	to one or more owners, is damaged, destroyed, or tampered with in
	violation of Section 28.03 pursuant to one scheme or continuing
	course of conduct, the conduct may be considered as one offense, and
	the amounts of pecuniary loss to property resulting from the damage
	to, destruction of, or tampering with the property may be
	aggregated in determining the grade of the offense.
	(d)  When more than one item of tangible property, belonging
	to one or more owners, is marked in violation of Section 28.08
	pursuant to one scheme or continuing course of conduct, the conduct
	may be considered as one offense, and the amounts of pecuniary loss
	to property resulting from the marking of the property may be
	aggregated in determining the grade of the offense.
	(e)  In this section:
	(1)  "Explosive weapon" means any explosive or
	incendiary device that is designed, made, or adapted for the
	purpose of inflicting serious bodily injury, death, or substantial
	property damage, or for the principal purpose of causing such a loud
	report as to cause undue public alarm or terror, and includes:
	(A)  an explosive or incendiary bomb, grenade,
	rocket, and mine;
	(B)  a device designed, made, or adapted for
	delivering or shooting an explosive weapon; and
	(C)  a device designed, made, or adapted to start
	a fire in a time-delayed manner.
	(2)  "Firearm" has the meaning assigned by Section
	46.01.
	SECTION 4.  The following laws are repealed:
	(1)  Section 28.03(d), Penal Code; and
	(2)  Sections 28.03(g)(1) and (2), Penal Code.
	SECTION 5.  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 6.  This Act takes effect September 1, 2013.