HBA-JRA, RBT H.B. 690 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 690
By: Wohlgemuth
Agriculture & Livestock
7/15/1999
Enrolled



BACKGROUND AND PURPOSE 

Barbed wire fence cutting has developed into a serious problem in several
rural areas of Texas. When a fence is cut, livestock can escape,
endangering its own life and possibly the lives of passing motorists.  In
the past, the penalty for cutting a fence was a third degree felony.  With
the rewrite of the state Penal Code in 1993, the penalty was reduced to a
Class C misdemeanor in most cases.  The code's reliance on pecuniary loss,
prior to the 76th Legislature, to establish the level of the offense did
not take into account potential loss of property or human life in the
instance of fence cutting. 

Police and prosecutors may be more apt to seek out and punish offenders if
a higher penalty is available for this offense.  H.B. 690 increases the
penalty for criminal mischief to a state jail felony if the amount of
pecuniary loss is less than $1,500 and the property was a fence used for
the production or containment of cattle, bison, horses, sheep, swine,
goats, exotic livestock, exotic poultry, or mule deer, white-tailed deer,
pronghorn antelope, desert bighorn sheep, gray or cat squirrels, fox
squirrels or red squirrels, or collared peccary or javelina. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 28.03(b), Penal Code, to make criminal mischief
a state jail felony if the amount of pecuniary loss is less than $1,500 and
the property was a fence used for the production or containment of cattle,
bison, horses, sheep, swine, goats, exotic livestock, exotic poultry, mule
deer, white-tailed deer, pronghorn antelope, desert bighorn sheep, gray or
cat squirrels, fox squirrels or red squirrels, or collared peccary or
javelina. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.