By: Perry S.B. No. 1204
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for the offense of criminal mischief
  involving the death of a head of cattle or horses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.03(b), Penal Code, is 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; 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's conduct, including the discharge
  of a firearm or weapon, resulted in the death of one or more head of
  cattle or 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.
         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.