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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for, and civil liability related to |
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actions to prevent, the criminal offense of theft involving a |
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package delivered to a residential or commercial property; |
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increasing criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 124.001, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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Sec. 124.001. DETENTION TO INVESTIGATE OWNERSHIP OF |
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PROPERTY. |
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SECTION 2. Chapter 124, Civil Practice and Remedies Code, |
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is amended by adding Section 124.002 to read as follows: |
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Sec. 124.002. DETENTION TO PREVENT THEFT OF PACKAGE. (a) A |
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person who reasonably believes that another is stealing or |
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attempting to steal a package under the circumstances described by |
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Sections 31.03(e)(4)(G)(i) and (ii), Penal Code, is privileged to |
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detain the other person in a reasonable manner, including by use of |
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reasonable force, for a reasonable period to allow for the arrival |
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of law enforcement authorities. |
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(b) A person who is privileged to detain another under |
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Subsection (a) is not liable for damages arising from the detention |
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of that person. |
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SECTION 3. Article 59.01(2), Code of Criminal Procedure, is |
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amended to read as follows: |
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(2) "Contraband" means property of any nature, |
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including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, |
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33A, or 35, Penal Code; |
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(iii) any felony under The Securities Act |
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(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
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(iv) any offense under Chapter 49, Penal |
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Code, that is punishable as a felony of the third degree or state |
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jail felony, if the defendant has been previously convicted three |
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times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 151, Finance |
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Code; |
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(iv) any felony under Chapter 34, Penal |
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Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves the state Medicaid program; |
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(vii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
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(viii) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(ix) any offense under Section 42.10, Penal |
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Code; |
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(x) any offense under Section 46.06(a)(1) |
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or 46.14, Penal Code; |
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(xi) any offense under Chapter 71, Penal |
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Code; |
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(xii) any offense under Section 20.05 or |
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20.06, Penal Code; [or] |
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(xiii) an offense under Section 326.002, |
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Business & Commerce Code; or |
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(xiv) an offense punishable under Section |
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31.03(e)(4)(G), (5)(D), (6)(C), or (7)(B), Penal Code; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of |
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this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), |
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or (xi) of this subdivision, or a crime of violence; |
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(E) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 15.031 or |
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43.25, Penal Code; or |
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(F) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 20A.02 or |
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Chapter 43, Penal Code. |
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SECTION 4. Section 31.03(e), Penal Code, is amended to read |
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as follows: |
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(e) Except as provided by Subsection (f), an offense under |
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this section is: |
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(1) a Class C misdemeanor if the value of the property |
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stolen is less than $100; |
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(2) a Class B misdemeanor if: |
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(A) the value of the property stolen is $100 or |
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more but less than $750; |
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(B) the value of the property stolen is less than |
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$100 and the defendant has previously been convicted of any grade of |
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theft; or |
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(C) the property stolen is a driver's license, |
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commercial driver's license, or personal identification |
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certificate issued by this state or another state; |
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(3) a Class A misdemeanor if the value of the property |
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stolen is $750 or more but less than $2,500; |
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(4) a state jail felony if: |
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(A) the value of the property stolen is $2,500 or |
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more but less than $30,000, or the property is less than 10 head of |
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sheep, swine, or goats or any part thereof under the value of |
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$30,000; |
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(B) regardless of value, the property is stolen |
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from the person of another or from a human corpse or grave, |
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including property that is a military grave marker; |
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(C) the property stolen is a firearm, as defined |
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by Section 46.01; |
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(D) the value of the property stolen is less than |
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$2,500 and the defendant has been previously convicted two or more |
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times of any grade of theft; |
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(E) the property stolen is an official ballot or |
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official carrier envelope for an election; [or] |
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(F) the value of the property stolen is less than |
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$20,000 and the property stolen is: |
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(i) aluminum; |
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(ii) bronze; |
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(iii) copper; or |
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(iv) brass; or |
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(G) the property: |
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(i) is a package that has been delivered by |
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United States mail, common carrier, or a delivery service but not |
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yet received by the addressee; |
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(ii) is stolen from a residential or |
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commercial property, including the driveway, porch, front door, or |
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any other area of the property; and |
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(iii) has a value of less than $30,000; |
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(5) a felony of the third degree if the value of the |
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property stolen is $30,000 or more but less than $150,000, or the |
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property is: |
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(A) cattle, horses, or exotic livestock or exotic |
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fowl as defined by Section 142.001, Agriculture Code, stolen during |
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a single transaction and having an aggregate value of less than |
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$150,000; |
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(B) 10 or more head of sheep, swine, or goats |
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stolen during a single transaction and having an aggregate value of |
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less than $150,000; [or] |
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(C) a controlled substance, having a value of |
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less than $150,000, if stolen from: |
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(i) a commercial building in which a |
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controlled substance is generally stored, including a pharmacy, |
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clinic, hospital, nursing facility, or warehouse; or |
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(ii) a vehicle owned or operated by a |
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wholesale distributor of prescription drugs; or |
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(D) a package described by Subdivision (4)(G)(i) |
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that is stolen from a location described by Subdivision (4)(G)(ii) |
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and that has a value of less than $150,000, if the defendant has |
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previously been convicted one time of any grade of an offense under |
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this section involving the theft of a package under the |
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circumstances described by Subdivisions (4)(G)(i) and (ii); |
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(6) a felony of the second degree if: |
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(A) the value of the property stolen is $150,000 |
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or more but less than $300,000; [or] |
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(B) the value of the property stolen is less than |
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$300,000 and the property stolen is an automated teller machine or |
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the contents or components of an automated teller machine; or |
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(C) the value of the property stolen is less than |
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$300,000, the property is a package described by Subdivision |
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(4)(G)(i) stolen from a location described by Subdivision |
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(4)(G)(ii), and the defendant has previously been convicted two |
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times of any grade of an offense under this section involving the |
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theft of a package under the circumstances described by |
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Subdivisions (4)(G)(i) and (ii); or |
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(7) a felony of the first degree if: |
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(A) the value of the property stolen is $300,000 |
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or more; or |
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(B) the value of the property stolen is less than |
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$300,000, the property is a package described by Subdivision |
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(4)(G)(i) stolen from a location described by Subdivision |
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(4)(G)(ii), and the defendant has previously been convicted three |
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or more times of any grade of an offense under this section |
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involving the theft of a package under the circumstances described |
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by Subdivisions (4)(G)(i) and (ii). |
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SECTION 5. Section 31.03(h), Penal Code, is amended by |
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adding Subdivision (7) to read as follows: |
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(7) "Package" means a box, container, bag, or other |
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sealed article holding a good or product. |
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SECTION 6. (a) Except as provided by Subsection (b) of |
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this section, the change in law made by this Act applies only to an |
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offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this subsection, an offense was committed before the effective date |
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of this Act if any element of the offense occurred before that date. |
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(b) Section 124.002, Civil Practice and Remedies Code, as |
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added by this Act, does not apply to a cause of action that accrued |
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before the effective date of this Act. A cause of action that |
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accrued before the effective date of this Act is governed by the law |
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applicable to the cause of action immediately before the effective |
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date of this Act, and that law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2019. |