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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of graffiti. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.08(d), Penal Code, is amended to read |
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as follows: |
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(d) An offense under this section is a state jail felony if: |
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(1) the marking is made on a school, an institution of |
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higher education, a place of worship or human burial, a public |
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monument, a historic structure, or a community center that provides |
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medical, social, or educational programs; and |
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(2) the amount of the pecuniary loss to real property |
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or to tangible personal property is less than $20,000. |
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SECTION 2. Section 28.08(e), Penal Code, is amended by |
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adding Subdivision (2-a) to read as follows: |
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(2-a) "Historic structure" means a structure that: |
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(A) is publicly owned and included on the |
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National Register of Historic Places; |
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(B) is designated as a Recorded Texas Historic |
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Landmark; or |
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(C) is designated as a State Archeological |
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Landmark. |
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SECTION 3. Section 54.0481, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] juvenile |
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court, in a disposition hearing under Section 54.04 regarding a |
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child who has been adjudicated to have engaged in delinquent |
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conduct that violates Section 28.08, Penal Code: |
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(1) may order the child or a parent or other person |
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responsible for the child's support to make restitution by: |
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(A) reimbursing the owner of the property for the |
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cost of restoring the property; or |
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(B) with the consent of the owner of the |
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property, personally restoring the property by removing or painting |
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over any markings the child made; and |
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(2) if the child made markings on public property, a |
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street sign, or an official traffic-control device in violation of |
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Section 28.08, Penal Code, may order the child or a parent or other |
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person responsible for the child's support to: |
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(A) make to the political subdivision that owns |
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the public property or erected the street sign or official |
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traffic-control device restitution in an amount equal to the lesser |
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of the cost to the political subdivision of replacing or restoring |
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the public property, street sign, or official traffic-control |
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device; or |
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(B) with the consent of the political |
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subdivision, restore the public property, street sign, or official |
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traffic-control device by removing or painting over any markings |
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made by the child on the property, sign, or device. |
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(a-1) A juvenile court, in a disposition hearing described |
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by Subsection (a) involving a child who has previously been |
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adjudicated for having engaged in delinquent conduct that violates |
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Section 28.08, Penal Code, in addition to any other disposition |
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ordered, if the child made markings on a historic structure or other |
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property described in Section 28.08(d), Penal Code, or private |
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property, shall order the child and the parent or other person |
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responsible for the child's support to make restitution by |
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personally restoring the property by removing or painting over any |
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markings the child made, with the consent of the owner of the |
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property. |
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(a-2) A juvenile court may not require that a child or a |
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child's parent or other person responsible for the child's support |
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personally restore the property under this section if: |
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(1) the child, parent, or other person is physically |
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or mentally incapable of participating in the restoration; or |
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(2) the restoration is inherently dangerous or would |
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otherwise endanger the health or safety of the child, parent, or |
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other person. |
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SECTION 4. The change in law made by this Act to Section |
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54.0481, Family Code, applies only to conduct violating a penal law |
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that occurs on or after the effective date of this Act. Conduct |
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violating a penal law that occurs before the effective date of this |
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Act is governed by the law in effect on the date the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. For purposes of this section, conduct violating a penal |
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law occurred before the effective date of this Act if any element of |
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the violation occurred before that date. |
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SECTION 5. The changes in law made by this Act to Sections |
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28.08(d) and (e), Penal Code, apply only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 6. This Act takes effect September 1, 2011. |