Bill Text: TX HB2817 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the prosecution of, punishment for, and deterrence of certain offenses involving cattle, bison, or horses; authorizing an administrative penalty; authorizing an assessment; increasing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [HB2817 Detail]
Download: Texas-2017-HB2817-Comm_Sub.html
Bill Title: Relating to the prosecution of, punishment for, and deterrence of certain offenses involving cattle, bison, or horses; authorizing an administrative penalty; authorizing an assessment; increasing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [HB2817 Detail]
Download: Texas-2017-HB2817-Comm_Sub.html
85R22242 MEW-D | |||
By: González of El Paso, King of Uvalde, | H.B. No. 2817 | ||
Stucky | |||
Substitute the following for H.B. No. 2817: | |||
By: González of El Paso | C.S.H.B. No. 2817 |
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relating to the prosecution of and punishment for the offense of | ||
criminal mischief involving the death of a head of cattle or bison | ||
or a horse. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 28.03, Penal Code, is amended by | ||
amending Subsection (b) and adding Subsection (k) 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; 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 or more but less than $750; | ||
(3) a Class A misdemeanor if: | ||
(A) the amount of pecuniary loss is $750 or more | ||
but less than $2,500; 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 or more but less than $30,000; | ||
(B) less than $2,500, 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, 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 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: | ||
(A) the amount of the pecuniary loss is $30,000 | ||
or more but less than $150,000; or | ||
(B) the actor, by discharging a firearm or other | ||
weapon or by any other means, causes the death of one or more head of | ||
cattle or bison or one or more horses; | ||
(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. | ||
(k) It is an exception to the application of Subsection | ||
(a)(1) or (2) that the tangible personal property of the owner was a | ||
head of cattle or bison killed, or a horse killed, in the course of | ||
the actor's regular agricultural labor duties and practices. | ||
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. |