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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for theft offenses involving certain |
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metals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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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$30,000 [$20,000] and the property [stolen] is: |
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(i) aluminum, bronze, copper, or brass |
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stolen from: |
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(a) a structure owned or operated by a |
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telecommunications provider, as defined by Section 51.002, |
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Utilities Code; or |
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(b) a structure in which the stolen |
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property was used to provide basic local telecommunications |
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service, as defined by Section 51.002, Utilities Code; or |
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(ii) regulated material, as defined by |
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Section 1956.001, Occupations Code, stolen from: |
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(a) a public utility or |
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telecommunications provider, as those terms are defined by Section |
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51.002, Utilities Code; or |
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(b) a cable service provider or video |
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service provider, as those terms are defined by Section 66.002, |
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Utilities Code [bronze;
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[(iii) copper; or
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[(iv) brass]; |
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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; or |
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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; |
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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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(7) a felony of the first degree if the value of the |
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property stolen is $300,000 or more. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2017. |