By: Kacal (Senate Sponsor - Birdwell)	H.B. No. 1257
	(In the Senate - Received from the House March 27, 2017;
	April 12, 2017, read first time and referred to Committee on
	Criminal Justice; May 11, 2017, reported favorably by the
	following vote:  Yeas 8, Nays 0; May 11, 2017, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prosecution of and punishment for the offense of
	criminal mischief involving property used for flood control
	purposes or a dam.
	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:
	(i)  causes wholly or partly impairment or
	interruption of property used for flood control purposes or a dam or
	of public communications, public transportation, public gas or
	power supply, or other public service;[,] or
	(ii)  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 or more but less than $150,000;
	(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.
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