H.B. No. 1396

	AN ACT
	relating to certain criminal offenses, punishments, and
	procedures; the construction of certain statutes and rules that
	create or define criminal offenses and penalties; a review of
	certain penal laws of this state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 18.02(a), Code of Criminal Procedure, is
	amended to read as follows:
	(a)  A search warrant may be issued to search for and seize:
	(1)  property acquired by theft or in any other manner
	which makes its acquisition a penal offense;
	(2)  property specially designed, made, or adapted for
	or commonly used in the commission of an offense;
	(3)  arms and munitions kept or prepared for the
	purposes of insurrection or riot;
	(4)  weapons prohibited by the Penal Code;
	(5)  gambling devices or equipment, altered gambling
	equipment, or gambling paraphernalia;
	(6)  obscene materials kept or prepared for commercial
	distribution or exhibition, subject to the additional rules set
	forth by law;
	(7)  a drug, controlled substance, immediate
	precursor, chemical precursor, or other controlled substance
	property, including an apparatus or paraphernalia kept, prepared,
	or manufactured in violation of the laws of this state;
	(8)  any property the possession of which is prohibited
	by law;
	(9)  implements or instruments used in the commission
	of a crime;
	(10)  property or items, except the personal writings
	by the accused, constituting evidence of an offense or constituting
	evidence tending to show that a particular person committed an
	offense;
	(11)  persons;
	(12)  contraband subject to forfeiture under Chapter 59
	of this code; [or]
	(13)  electronic customer data held in electronic
	storage, including the contents of and records and other
	information related to a wire communication or electronic
	communication held in electronic storage; or
	(14)  a cellular telephone or other wireless
	communications device, subject to Article 18.0215.
	SECTION 2.  Chapter 18, Code of Criminal Procedure, is
	amended by adding Article 18.0215 to read as follows:
	Art. 18.0215.  ACCESS TO CELLULAR TELEPHONE OR OTHER
	WIRELESS COMMUNICATIONS DEVICE. (a) A peace officer may not search
	a person's cellular telephone or other wireless communications
	device, pursuant to a lawful arrest of the person without obtaining
	a warrant under this article.
	(b)  A warrant under this article may be issued only by a
	judge in the same judicial district as the site of:
	(1)  the law enforcement agency that employs the peace
	officer, if the cellular telephone or other wireless communications
	device is in the officer's possession; or
	(2)  the likely location of the telephone or device.
	(c)  A judge may issue a warrant under this article only on
	the application of a peace officer. An application must be written
	and signed and sworn to or affirmed before the judge. The
	application must:
	(1)  state the name, department, agency, and address of
	the applicant;
	(2)  identify the cellular telephone or other wireless
	communications device to be searched;
	(3)  state the name of the owner or possessor of the
	telephone or device to be searched;
	(4)  state the judicial district in which:
	(A)  the law enforcement agency that employs the
	peace officer is located, if the telephone or device is in the
	officer's possession; or
	(B)  the telephone or device is likely to be
	located; and
	(5)  state the facts and circumstances that provide the
	applicant with probable cause to believe that:
	(A)  criminal activity has been, is, or will be
	committed; and
	(B)  searching the telephone or device is likely
	to produce evidence in the investigation of the criminal activity
	described in Paragraph (A).
	(d)  Notwithstanding any other law, a peace officer may
	search a cellular telephone or other wireless communications device
	without a warrant if:
	(1)  the owner or possessor of the telephone or device
	consents to the search;
	(2)  the telephone or device is reported stolen by the
	owner or possessor; or
	(3)  the officer reasonably believes that:
	(A)  the telephone or device is in the possession
	of a fugitive from justice for whom an arrest warrant has been
	issued for committing a felony offense; or
	(B)  there exists an immediate life-threatening
	situation, as defined by Section 1, Article 18.20.
	(e)  A peace officer must apply for a warrant to search a
	cellular telephone or other wireless communications device as soon
	as practicable after a search is conducted under Subsection
	(d)(3)(A) or (B). If the judge finds that the applicable situation
	under Subsection (d)(3)(A) or (B) did not occur and declines to
	issue the warrant, any evidence obtained is not admissible in a
	criminal action.
	SECTION 3.  Article 32A.01, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 32A.01.  TRIAL PRIORITIES. (a)  Insofar as is
	practicable, the trial of a criminal action shall be given
	preference over trials of civil cases, and the trial of a criminal
	action against a defendant who is detained in jail pending trial of
	the action shall be given preference over trials of other criminal
	actions not described by Subsection (b).
	(b)  Unless extraordinary circumstances require otherwise,
	the trial of a criminal action in which the alleged victim is
	younger than 14 years of age shall be given preference over other
	matters before the court, whether civil or criminal.
	SECTION 4.  Subchapter C, Chapter 311, Government Code, is
	amended by adding Section 311.035 to read as follows:
	Sec. 311.035.  CONSTRUCTION OF STATUTE OR RULE INVOLVING
	CRIMINAL OFFENSE OR PENALTY. (a) In this section, "actor" and
	"element of offense" have the meanings assigned by Section 1.07,
	Penal Code.
	(b)  Except as provided by Subsection (c), a statute or rule
	that creates or defines a criminal offense or penalty shall be
	construed in favor of the actor if any part of the statute or rule is
	ambiguous on its face or as applied to the case, including:
	(1)  an element of offense; or
	(2)  the penalty to be imposed.
	(c)  Subsection (b) does not apply to a criminal offense or
	penalty under the Penal Code or under the Texas Controlled
	Substances Act.
	(d)  The ambiguity of a part of a statute or rule to which
	this section applies is a matter of law to be resolved by the judge.
	SECTION 5.  Sections 28.03(b), (f), (h), and (j), Penal
	Code, are amended 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 [$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 $100 [$50] or more but less than $750 [$500];
	(3)  a Class A misdemeanor if:
	(A)  the amount of pecuniary loss is $750 [$500]
	or more but less than $2,500 [$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)  $2,500 [$1,500] or more but less than $30,000
	[$20,000];
	(B)  less than $2,500 [$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 $2,500 [$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 $30,000 [$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 $30,000 [$20,000] or more but less than $150,000
	[$100,000];
	(6)  a felony of the second degree if the amount of
	pecuniary loss is $150,000 [$100,000] or more but less than
	$300,000 [$200,000]; or
	(7)  a felony of the first degree if the amount of
	pecuniary loss is $300,000 [$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 $750 or more but 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 $750 [$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.
	(j)  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 6.  Section 28.06(d), Penal Code, is amended to read
	as follows:
	(d)  If the amount of pecuniary loss cannot be ascertained by
	the criteria set forth in Subsections (a) through (c), the amount of
	loss is deemed to be greater than $750 [$500] but less than $2,500
	[$1,500].
	SECTION 7.  Section 28.07(e), Penal Code, is amended to read
	as follows:
	(e)  An offense under Subsection (b)(2)(B), (b)(2)(C), or
	(b)(2)(D) is a Class C misdemeanor unless the person causes
	pecuniary loss of $100 or more, in which event the offense is:
	(1)  a Class B misdemeanor if the amount of pecuniary
	loss is $100 [$20] or more but less than $750 [$500];
	(2)  a Class A misdemeanor if the amount of pecuniary
	loss is $750 [$500] or more but less than $2,500 [$1,500];
	(3)  a state jail felony if the amount of pecuniary loss
	is $2,500 [$1,500] or more but less than $30,000 [$20,000];
	(4)  a felony of the third degree if the amount of the
	pecuniary loss is $30,000 [$20,000] or more but less than $150,000
	[$100,000];
	(5)  a felony of the second degree if the amount of
	pecuniary loss is $150,000 [$100,000] or more but less than
	$300,000 [$200,000]; or
	(6)  a felony of the first degree if the amount of the
	pecuniary loss is $300,000 [$200,000] or more.
	SECTION 8.  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:
	(1)  a Class C misdemeanor if the amount of pecuniary
	loss is less than $100;
	(2)  a Class B misdemeanor if the amount of pecuniary
	loss is $100 or more but less than $750 [$500];
	(3) [(2)]  a Class A misdemeanor if the amount of
	pecuniary loss is $750 [$500] or more but less than $2,500 [$1,500];
	(4) [(3)]  a state jail felony if the amount of
	pecuniary loss is $2,500 [$1,500] or more but less than $30,000
	[$20,000];
	(5) [(4)]  a felony of the third degree if the amount of
	pecuniary loss is $30,000 [$20,000] or more but less than $150,000
	[$100,000];
	(6) [(5)]  a felony of the second degree if the amount
	of pecuniary loss is $150,000 [$100,000] or more but less than
	$300,000 [$200,000]; or
	(7) [(6)]  a felony of the first degree if the amount of
	pecuniary loss is $300,000 [$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 $750 or more but less than
	$30,000 [$20,000].
	SECTION 9.  Article 14.06(d), Code of Criminal Procedure, is
	amended to read as follows:
	(d)  Subsection (c) applies only to a person charged with
	committing an offense under:
	(1)  Section 481.121, Health and Safety Code, if the
	offense is punishable under Subsection (b)(1) or (2) of that
	section;
	(1-a)  Section 481.1161, Health and Safety Code, if the
	offense is punishable under Subsection (b)(1) or (2) of that
	section;
	(2)  Section 28.03, Penal Code, if the offense is
	punishable under Subsection (b)(2) of that section;
	(3)  Section 28.08, Penal Code, if the offense is
	punishable under Subsection (b)(2) or (3) [(b)(1)] of that section;
	(4)  Section 31.03, Penal Code, if the offense is
	punishable under Subsection (e)(2)(A) of that section;
	(5)  Section 31.04, Penal Code, if the offense is
	punishable under Subsection (e)(2) of that section;
	(6)  Section 38.114, Penal Code, if the offense is
	punishable as a Class B misdemeanor; or
	(7)  Section 521.457, Transportation Code.
	SECTION 10.  Section 31.03(e), Penal Code, is amended to
	read as follows:
	(e)  Except as provided by Subsection (f), an offense under
	this section is:
	(1)  a Class C misdemeanor if the value of the property
	stolen is less than $100[:
	[(A)  $50; or
	[(B)     $20 and the defendant obtained the property
	by issuing or passing a check or similar sight order in a manner
	described by Section 31.06];
	(2)  a Class B misdemeanor if:
	(A)  the value of the property stolen is $100[:
	[(i)  $50] or more but less than $750 [$500;
	or
	[(ii)     $20 or more but less than $500 and the
	defendant obtained the property by issuing or passing a check or
	similar sight order in a manner described by Section 31.06];
	(B)  the value of the property stolen is less than
	$100[:
	[(i)  $50] and the defendant has previously
	been convicted of any grade of theft; or
	[(ii)     $20, the defendant has previously
	been convicted of any grade of theft, and the defendant obtained the
	property by issuing or passing a check or similar sight order in a
	manner described by Section 31.06; or]
	(C)  the property stolen is a driver's license,
	commercial driver's license, or personal identification
	certificate issued by this state or another state;
	(3)  a Class A misdemeanor if the value of the property
	stolen is $750 [$500] or more but less than $2,500 [$1,500];
	(4)  a state jail felony if:
	(A)  the value of the property stolen is $2,500
	[$1,500] or more but less than $30,000 [$20,000], or the property is
	less than 10 head of sheep, swine, or goats or any part thereof
	under the value of $30,000 [$20,000];
	(B)  regardless of value, the property is stolen
	from the person of another or from a human corpse or grave,
	including property that is a military grave marker;
	(C)  the property stolen is a firearm, as defined
	by Section 46.01;
	(D)  the value of the property stolen is less than
	$2,500 [$1,500] and the defendant has been previously convicted two
	or more times of any grade of theft;
	(E)  the property stolen is an official ballot or
	official carrier envelope for an election; or
	(F)  the value of the property stolen is less than
	$20,000 and the property stolen is:
	(i)  aluminum;
	(ii)  bronze;
	(iii)  copper; or
	(iv)  brass;
	(5)  a felony of the third degree if the value of the
	property stolen is $30,000 [$20,000] or more but less than $150,000
	[$100,000], or the property is:
	(A)  cattle, horses, or exotic livestock or exotic
	fowl as defined by Section 142.001, Agriculture Code, stolen during
	a single transaction and having an aggregate value of less than
	$150,000 [$100,000]; or
	(B)  10 or more head of sheep, swine, or goats
	stolen during a single transaction and having an aggregate value of
	less than $150,000 [$100,000];
	(6)  a felony of the second degree if:
	(A)  the value of the property stolen is $150,000
	[$100,000] or more but less than $300,000 [$200,000]; or
	(B)  the value of the property stolen is less than
	$300,000 [$200,000] and the property stolen is an automated teller
	machine or the contents or components of an automated teller
	machine; or
	(7)  a felony of the first degree if the value of the
	property stolen is $300,000 [$200,000] or more.
	SECTION 11.  Sections 31.04(b) and (e), Penal Code, are
	amended to read as follows:
	(b)  For purposes of this section, intent to avoid payment is
	presumed if:
	(1)  the actor absconded without paying for the service
	or expressly refused to pay for the service in circumstances where
	payment is ordinarily made immediately upon rendering of the
	service, as in hotels, campgrounds, recreational vehicle parks,
	restaurants, and comparable establishments;
	(2)  the actor failed to make payment under a service
	agreement within 10 days after receiving notice demanding payment;
	(3)  the actor returns property held under a rental
	agreement after the expiration of the rental agreement and fails to
	pay the applicable rental charge for the property within 10 days
	after the date on which the actor received notice demanding
	payment; or
	(4)  the actor failed to return the property held under
	a rental agreement:
	(A)  within five days after receiving notice
	demanding return, if the property is valued at less than $2,500
	[$1,500]; or
	(B)  within three days after receiving notice
	demanding return, if the property is valued at $2,500 [$1,500] or
	more.
	(e)  An offense under this section is:
	(1)  a Class C misdemeanor if the value of the service
	stolen is less than $100 [$20];
	(2)  a Class B misdemeanor if the value of the service
	stolen is $100 [$20] or more but less than $750 [$500];
	(3)  a Class A misdemeanor if the value of the service
	stolen is $750 [$500] or more but less than $2,500 [$1,500];
	(4)  a state jail felony if the value of the service
	stolen is $2,500 [$1,500] or more but less than $30,000 [$20,000];
	(5)  a felony of the third degree if the value of the
	service stolen is $30,000 [$20,000] or more but less than $150,000
	[$100,000];
	(6)  a felony of the second degree if the value of the
	service stolen is $150,000 [$100,000] or more but less than
	$300,000 [$200,000]; or
	(7)  a felony of the first degree if the value of the
	service stolen is $300,000 [$200,000] or more.
	SECTION 12.  Section 31.08(c), Penal Code, is amended to
	read as follows:
	(c)  If property or service has value that cannot be
	reasonably ascertained by the criteria set forth in Subsections (a)
	and (b), the property or service is deemed to have a value of $750
	[$500] or more but less than $2,500 [$1,500].
	SECTION 13.  Sections 31.16(c) and (d), Penal Code, are
	amended to read as follows:
	(c)  An offense under this section is:
	(1)  a Class C misdemeanor if the total value of the
	merchandise involved in the activity is less than $100;
	(2)  a Class B misdemeanor if the total value of the
	merchandise involved in the activity is $100 or more but less than
	$750 [$50];
	(3) [(2)]  a Class A misdemeanor if the total value of
	the merchandise involved in the activity is $750 [$50] or more but
	less than $2,500 [$500];
	(4) [(3)]  a state jail felony if the total value of the
	merchandise involved in the activity is $2,500 [$500] or more but
	less than $30,000 [$1,500];
	(5) [(4)]  a felony of the third degree if the total
	value of the merchandise involved in the activity is $30,000
	[$1,500] or more but less than $150,000 [$20,000];
	(6) [(5)]  a felony of the second degree if the total
	value of the merchandise involved in the activity is $150,000
	[$20,000] or more but less than $300,000 [$100,000]; or
	(7) [(6)]  a felony of the first degree if the total
	value of the merchandise involved in the activity is $300,000
	[$100,000] or more.
	(d)  An offense described for purposes of punishment by
	Subsections (c)(1)-(6) [(c)(1)-(5)] is increased to the next higher
	category of offense if it is shown on the trial of the offense that:
	(1)  the person organized, supervised, financed, or
	managed one or more other persons engaged in an activity described
	by Subsection (b); or
	(2)  during the commission of the offense, a person
	engaged in an activity described by Subsection (b) intentionally,
	knowingly, or recklessly:
	(A)  caused a fire exit alarm to sound or
	otherwise become activated;
	(B)  deactivated or otherwise prevented a fire
	exit alarm or retail theft detector from sounding; or
	(C)  used a shielding or deactivation instrument
	to prevent or attempt to prevent detection of the offense by a
	retail theft detector.
	SECTION 14.  Section 32.02(c), Penal Code, is amended to
	read as follows:
	(c)  If property or service has value that cannot be
	reasonably ascertained by the criteria set forth in Subsections (a)
	and (b), the property or service is deemed to have a value of $750
	[$500] or more but less than $2,500 [$1,500].
	SECTION 15.  Section 32.23(e), Penal Code, is amended to
	read as follows:
	(e)  An offense under this section is a:
	(1)  Class C misdemeanor if the retail value of the item
	or service is less than $100 [$20];
	(2)  Class B misdemeanor if the retail value of the item
	or service is $100 [$20] or more but less than $750 [$500];
	(3)  Class A misdemeanor if the retail value of the item
	or service is $750 [$500] or more but less than $2,500 [$1,500];
	(4)  state jail felony if the retail value of the item
	or service is $2,500 [$1,500] or more but less than $30,000
	[$20,000];
	(5)  felony of the third degree if the retail value of
	the item or service is $30,000 [$20,000] or more but less than
	$150,000 [$100,000];
	(6)  felony of the second degree if the retail value of
	the item or service is $150,000 [$100,000] or more but less than
	$300,000 [$200,000]; or
	(7)  felony of the first degree if the retail value of
	the item or service is $300,000 [$200,000] or more.
	SECTION 16.  Section 32.32(c), Penal Code, is amended to
	read as follows:
	(c)  An offense under this section is:
	(1)  a Class C misdemeanor if the value of the property
	or the amount of credit is less than $100 [$50];
	(2)  a Class B misdemeanor if the value of the property
	or the amount of credit is $100 [$50] or more but less than $750
	[$500];
	(3)  a Class A misdemeanor if the value of the property
	or the amount of credit is $750 [$500] or more but less than $2,500
	[$1,500];
	(4)  a state jail felony if the value of the property or
	the amount of credit is $2,500 [$1,500] or more but less than
	$30,000 [$20,000];
	(5)  a felony of the third degree if the value of the
	property or the amount of credit is $30,000 [$20,000] or more but
	less than $150,000 [$100,000];
	(6)  a felony of the second degree if the value of the
	property or the amount of credit is $150,000 [$100,000] or more but
	less than $300,000 [$200,000]; or
	(7)  a felony of the first degree if the value of the
	property or the amount of credit is $300,000 [$200,000] or more.
	SECTION 17.  Sections 32.33(d) and (e), Penal Code, are
	amended to read as follows:
	(d)  An offense under Subsection (b) is a:
	(1)  Class C misdemeanor if the value of the property
	destroyed, removed, concealed, encumbered, or otherwise harmed or
	reduced in value is less than $100 [$20];
	(2)  Class B misdemeanor if the value of the property
	destroyed, removed, concealed, encumbered, or otherwise harmed or
	reduced in value is $100 [$20] or more but less than $750 [$500];
	(3)  Class A misdemeanor if the value of the property
	destroyed, removed, concealed, encumbered, or otherwise harmed or
	reduced in value is $750 [$500] or more but less than $2,500
	[$1,500];
	(4)  state jail felony if the value of the property
	destroyed, removed, concealed, encumbered, or otherwise harmed or
	reduced in value is $2,500 [$1,500] or more but less than $30,000
	[$20,000];
	(5)  felony of the third degree if the value of the
	property destroyed, removed, concealed, encumbered, or otherwise
	harmed or reduced in value is $30,000 [$20,000] or more but less
	than $150,000 [$100,000];
	(6)  felony of the second degree if the value of the
	property destroyed, removed, concealed, encumbered, or otherwise
	harmed or reduced in value is $150,000 [$100,000] or more but less
	than $300,000 [$200,000]; or
	(7)  felony of the first degree if the value of the
	property destroyed, removed, concealed, encumbered, or otherwise
	harmed or reduced in value is $300,000 [$200,000] or more.
	(e)  A person who is a debtor under a security agreement, and
	who does not have a right to sell or dispose of the secured property
	or is required to account to the secured party for the proceeds of a
	permitted sale or disposition, commits an offense if the person
	sells or otherwise disposes of the secured property, or does not
	account to the secured party for the proceeds of a sale or other
	disposition as required, with intent to appropriate (as defined in
	Chapter 31) the proceeds or value of the secured property. A person
	is presumed to have intended to appropriate proceeds if the person
	does not deliver the proceeds to the secured party or account to the
	secured party for the proceeds before the 11th day after the day
	that the secured party makes a lawful demand for the proceeds or
	account. An offense under this subsection is:
	(1)  a Class C misdemeanor if the proceeds obtained
	from the sale or other disposition are money or goods having a value
	of less than $100 [$20];
	(2)  a Class B misdemeanor if the proceeds obtained
	from the sale or other disposition are money or goods having a value
	of $100 [$20] or more but less than $750 [$500];
	(3)  a Class A misdemeanor if the proceeds obtained
	from the sale or other disposition are money or goods having a value
	of $750 [$500] or more but less than $2,500 [$1,500];
	(4)  a state jail felony if the proceeds obtained from
	the sale or other disposition are money or goods having a value of
	$2,500 [$1,500] or more but less than $30,000 [$20,000];
	(5)  a felony of the third degree if the proceeds
	obtained from the sale or other disposition are money or goods
	having a value of $30,000 [$20,000] or more but less than $150,000
	[$100,000];
	(6)  a felony of the second degree if the proceeds
	obtained from the sale or other disposition are money or goods
	having a value of $150,000 [$100,000] or more but less than $300,000
	[$200,000]; or
	(7)  a felony of the first degree if the proceeds
	obtained from the sale or other disposition are money or goods
	having a value of $300,000 [$200,000] or more.
	SECTION 18.  Section 32.34(f), Penal Code, is amended to
	read as follows:
	(f)  An offense under Subsection (b)(1), (b)(2), or (b)(3)
	is:
	(1)  a state jail felony if the value of the motor
	vehicle is less than $30,000 [$20,000]; [or]
	(2)  a felony of the third degree if the value of the
	motor vehicle is $30,000 [$20,000] or more but less than $150,000;
	(3)  a felony of the second degree if the value of the
	motor vehicle is $150,000 or more but less than $300,000; or
	(4)  a felony of the first degree if the value of the
	motor vehicle is $300,000 or more.
	SECTION 19.  Section 32.35(e), Penal Code, is amended to
	read as follows:
	(e)  An offense under this section is a:
	(1)  Class C misdemeanor if the amount of the record of
	a sale is less than $100 [$20];
	(2)  Class B misdemeanor if the amount of the record of
	a sale is $100 [$20] or more but less than $750 [$500];
	(3)  Class A misdemeanor if the amount of the record of
	a sale is $750 [$500] or more but less than $2,500 [$1,500];
	(4)  state jail felony if the amount of the record of a
	sale is $2,500 [$1,500] or more but less than $30,000 [$20,000];
	(5)  felony of the third degree if the amount of the
	record of a sale is $30,000 [$20,000] or more but less than $150,000
	[$100,000];
	(6)  felony of the second degree if the amount of the
	record of a sale is $150,000 [$100,000] or more but less than
	$300,000 [$200,000]; or
	(7)  felony of the first degree if the amount of the
	record of a sale is $300,000 [$200,000] or more.
	SECTION 20.  Section 32.441(e), Penal Code, is amended to
	read as follows:
	(e)  An offense under this section is a:
	(1)  Class C misdemeanor if the value of the benefit is
	less than $100 [$20];
	(2)  Class B misdemeanor if the value of the benefit is
	$100 [$20] or more but less than $750 [$500];
	(3)  Class A misdemeanor if the value of the benefit is
	$750 [$500] or more but less than $2,500 [$1,500];
	(4)  state jail felony if the value of the benefit is
	$2,500 [$1,500] or more but less than $30,000 [$20,000];
	(5)  felony of the third degree if the value of the
	benefit is $30,000 [$20,000] or more but less than $150,000
	[$100,000];
	(6)  felony of the second degree if the value of the
	benefit is $150,000 [$100,000] or more but less than $300,000
	[$200,000]; or
	(7)  felony of the first degree if the value of the
	benefit is $300,000 [$200,000] or more.
	SECTION 21.  Section 32.45(c), Penal Code, is amended to
	read as follows:
	(c)  An offense under this section is:
	(1)  a Class C misdemeanor if the value of the property
	misapplied is less than $100 [$20];
	(2)  a Class B misdemeanor if the value of the property
	misapplied is $100 [$20] or more but less than $750 [$500];
	(3)  a Class A misdemeanor if the value of the property
	misapplied is $750 [$500] or more but less than $2,500 [$1,500];
	(4)  a state jail felony if the value of the property
	misapplied is $2,500 [$1,500] or more but less than $30,000
	[$20,000];
	(5)  a felony of the third degree if the value of the
	property misapplied is $30,000 [$20,000] or more but less than
	$150,000 [$100,000];
	(6)  a felony of the second degree if the value of the
	property misapplied is $150,000 [$100,000] or more but less than
	$300,000 [$200,000]; or
	(7)  a felony of the first degree if the value of the
	property misapplied is $300,000 [$200,000] or more.
	SECTION 22.  Section 32.46(b), Penal Code, is amended to
	read as follows:
	(b)  An offense under Subsection (a)(1) is a:
	(1)  Class C misdemeanor if the value of the property,
	service, or pecuniary interest is less than $100 [$20];
	(2)  Class B misdemeanor if the value of the property,
	service, or pecuniary interest is $100 [$20] or more but less than
	$750 [$500];
	(3)  Class A misdemeanor if the value of the property,
	service, or pecuniary interest is $750 [$500] or more but less than
	$2,500 [$1,500];
	(4)  state jail felony if the value of the property,
	service, or pecuniary interest is $2,500 [$1,500] or more but less
	than $30,000 [$20,000];
	(5)  felony of the third degree if the value of the
	property, service, or pecuniary interest is $30,000 [$20,000] or
	more but less than $150,000 [$100,000];
	(6)  felony of the second degree if the value of the
	property, service, or pecuniary interest is $150,000 [$100,000] or
	more but less than $300,000 [$200,000]; or
	(7)  felony of the first degree if the value of the
	property, service, or pecuniary interest is $300,000 [$200,000] or
	more.
	SECTION 23.  Section 33.02(b-2), Penal Code, is amended to
	read as follows:
	(b-2)  An offense under Subsection (b-1) is:
	(1)  a Class C misdemeanor if the aggregate amount
	involved is less than $100;
	(2)  a Class B misdemeanor if the aggregate amount
	involved is $100 or more but less than $750;
	(3)  a Class A misdemeanor if the aggregate amount
	involved is $750 or more but less than $2,500;
	(4) [(1)]  a state jail felony if the aggregate amount
	involved is $2,500 or more but less than $30,000 [$20,000];
	(5) [(2)]  a felony of the third degree if the
	aggregate amount involved is $30,000 [$20,000] or more but less
	than $150,000 [$100,000];
	(6) [(3)]  a felony of the second degree if:
	(A)  the aggregate amount involved is $150,000
	[$100,000] or more but less than $300,000 [$200,000];
	(B)  the aggregate amount involved is any amount
	less than $300,000 [$200,000] and the computer, computer network,
	or computer system is owned by the government or a critical
	infrastructure facility; or
	(C)  the actor obtains the identifying
	information of another by accessing only one computer, computer
	network, or computer system; or
	(7) [(4)]  a felony of the first degree if:
	(A)  the aggregate amount involved is $300,000
	[$200,000] or more; or
	(B)  the actor obtains the identifying
	information of another by accessing more than one computer,
	computer network, or computer system.
	SECTION 24.  Section 34.02(e), Penal Code, is amended to
	read as follows:
	(e)  An offense under this section is:
	(1)  a state jail felony if the value of the funds is
	$2,500 [$1,500] or more but less than $30,000 [$20,000];
	(2)  a felony of the third degree if the value of the
	funds is $30,000 [$20,000] or more but less than $150,000
	[$100,000];
	(3)  a felony of the second degree if the value of the
	funds is $150,000 [$100,000] or more but less than $300,000
	[$200,000]; or
	(4)  a felony of the first degree if the value of the
	funds is $300,000 [$200,000] or more.
	SECTION 25.  Section 35.02(c), Penal Code, is amended to
	read as follows:
	(c)  An offense under Subsection (a) or (b) is:
	(1)  a Class C misdemeanor if the value of the claim is
	less than $100 [$50];
	(2)  a Class B misdemeanor if the value of the claim is
	$100 [$50] or more but less than $750 [$500];
	(3)  a Class A misdemeanor if the value of the claim is
	$750 [$500] or more but less than $2,500 [$1,500];
	(4)  a state jail felony if the value of the claim is
	$2,500 [$1,500] or more but less than $30,000 [$20,000];
	(5)  a felony of the third degree if the value of the
	claim is $30,000 [$20,000] or more but less than $150,000
	[$100,000];
	(6)  a felony of the second degree if the value of the
	claim is $150,000 [$100,000] or more but less than $300,000
	[$200,000]; or
	(7)  a felony of the first degree if:
	(A)  the value of the claim is $300,000 [$200,000]
	or more; or
	(B)  an act committed in connection with the
	commission of the offense places a person at risk of death or
	serious bodily injury.
	SECTION 26.  Section 35.025(b), Penal Code, is amended to
	read as follows:
	(b)  If goods or services that are the subject of a claim
	cannot be reasonably ascertained under Subsection (a), the goods or
	services are considered to have a value of $750 [$500] or more but
	less than $2,500 [$1,500].
	SECTION 27.  Section 35A.02(b), Penal Code, is amended to
	read as follows:
	(b)  An offense under this section is:
	(1)  a Class C misdemeanor if the amount of any payment
	or the value of any monetary or in-kind benefit provided or claim
	for payment made under the Medicaid program, directly or
	indirectly, as a result of the conduct is less than $100 [$50];
	(2)  a Class B misdemeanor if the amount of any payment
	or the value of any monetary or in-kind benefit provided or claim
	for payment made under the Medicaid program, directly or
	indirectly, as a result of the conduct is $100 [$50] or more but
	less than $750 [$500];
	(3)  a Class A misdemeanor if the amount of any payment
	or the value of any monetary or in-kind benefit provided or claim
	for payment made under the Medicaid program, directly or
	indirectly, as a result of the conduct is $750 [$500] or more but
	less than $2,500 [$1,500];
	(4)  a state jail felony if:
	(A)  the amount of any payment or the value of any
	monetary or in-kind benefit provided or claim for payment made
	under the Medicaid program, directly or indirectly, as a result of
	the conduct is $2,500 [$1,500] or more but less than $30,000
	[$20,000];
	(B)  the offense is committed under Subsection
	(a)(11); or
	(C)  it is shown on the trial of the offense that
	the amount of the payment or value of the benefit described by this
	subsection cannot be reasonably ascertained;
	(5)  a felony of the third degree if:
	(A)  the amount of any payment or the value of any
	monetary or in-kind benefit provided or claim for payment made
	under the Medicaid program, directly or indirectly, as a result of
	the conduct is $30,000 [$20,000] or more but less than $150,000
	[$100,000]; or
	(B)  it is shown on the trial of the offense that
	the defendant submitted more than 25 but fewer than 50 fraudulent
	claims under the Medicaid program and the submission of each claim
	constitutes conduct prohibited by Subsection (a);
	(6)  a felony of the second degree if:
	(A)  the amount of any payment or the value of any
	monetary or in-kind benefit provided or claim for payment made
	under the Medicaid program, directly or indirectly, as a result of
	the conduct is $150,000 [$100,000] or more but less than $300,000
	[$200,000]; or
	(B)  it is shown on the trial of the offense that
	the defendant submitted 50 or more fraudulent claims under the
	Medicaid program and the submission of each claim constitutes
	conduct prohibited by Subsection (a); or
	(7)  a felony of the first degree if the amount of any
	payment or the value of any monetary or in-kind benefit provided or
	claim for payment made under the Medicaid program, directly or
	indirectly, as a result of the conduct is $300,000 [$200,000] or
	more.
	SECTION 28.  Section 39.02(c), Penal Code, is amended to
	read as follows:
	(c)  An offense under Subsection (a)(2) is:
	(1)  a Class C misdemeanor if the value of the use of
	the thing misused is less than $100 [$20];
	(2)  a Class B misdemeanor if the value of the use of
	the thing misused is $100 [$20] or more but less than $750 [$500];
	(3)  a Class A misdemeanor if the value of the use of
	the thing misused is $750 [$500] or more but less than $2,500
	[$1,500];
	(4)  a state jail felony if the value of the use of the
	thing misused is $2,500 [$1,500] or more but less than $30,000
	[$20,000];
	(5)  a felony of the third degree if the value of the
	use of the thing misused is $30,000 [$20,000] or more but less than
	$150,000 [$100,000];
	(6)  a felony of the second degree if the value of the
	use of the thing misused is $150,000 [$100,000] or more but less
	than $300,000 [$200,000]; or
	(7)  a felony of the first degree if the value of the
	use of the thing misused is $300,000 [$200,000] or more.
	SECTION 29.  (a) A commission is created to study and review
	all penal laws of this state other than criminal offenses:
	(1)  under the Penal Code;
	(2)  under Chapter 481, Health and Safety Code; or
	(3)  related to the operation of a motor vehicle.
	(b)  The commission shall:
	(1)  evaluate all laws described by Subsection (a) of
	this section; and
	(2)  make recommendations to the legislature regarding
	the repeal of laws that are identified as being unnecessary,
	unclear, duplicative, overly broad, or otherwise insufficient to
	serve the intended purpose of the law.
	(c)  The commission is composed of nine members appointed as
	follows:
	(1)  two members appointed by the governor;
	(2)  two members appointed by the lieutenant governor;
	(3)  two members appointed by the speaker of the house
	of representatives;
	(4)  two members appointed by the chief justice of the
	Supreme Court of Texas; and
	(5)  one member appointed by the presiding judge of the
	Texas Court of Criminal Appeals.
	(d)  The officials making appointments to the commission
	under Subsection (c) of this section shall ensure that the
	membership of the commission includes representatives of all areas
	of the criminal justice system, including prosecutors, defense
	attorneys, judges, legal scholars, and relevant business
	interests.
	(e)  The governor shall designate one member of the
	commission to serve as the presiding officer of the commission.
	(f)  A member of the commission is not entitled to
	compensation or reimbursement of expenses.
	(g)  The commission shall meet at the call of the presiding
	officer.
	(h)  Not later than November 1, 2016, the commission shall
	report the commission's findings and recommendations to the
	governor, the lieutenant governor, the speaker of the house of
	representatives, the Supreme Court of Texas, the Texas Court of
	Criminal Appeals, and the standing committees of the house of
	representatives and the senate with primary jurisdiction over
	criminal justice. The commission shall include in its
	recommendations any specific statutes that the commission
	recommends revising or repealing.
	(i)  Not later than November 1, 2015, the governor, the
	lieutenant governor, the speaker of the house of representatives,
	the chief justice of the Supreme Court of Texas, and the presiding
	judge of the Texas Court of Criminal Appeals shall appoint the
	members of the commission created under this section.
	(j)  The commission is abolished and this section expires
	December 31, 2016.
	SECTION 30.  (a)  The changes in law made by this Act to the
	Penal Code apply 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 subsection, an
	offense was committed before the effective date of this Act if any
	element of the offense occurred before that date.
	(b)  The change in law made by Section 311.035, Government
	Code, as added by this Act, applies only to a criminal proceeding
	that commences on or after the effective date of this Act. A
	criminal proceeding that commences before the effective date of
	this Act is governed by the law in effect on the date the proceeding
	commenced, and the former law is continued in effect for that
	purpose.
	SECTION 31.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1396 was passed by the House on May
	13, 2015, by the following vote:  Yeas 142, Nays 2, 2 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 1396 on May 29, 2015, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 1396 on May 31, 2015, by the following vote:  Yeas 141,
	Nays 2, 2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1396 was passed by the Senate, with
	amendments, on May 27, 2015, by the following vote:  Yeas 30, Nays
	1; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	1396 on May 31, 2015, by the following vote:  Yeas 30, Nays 1.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor