HB2461 - Relating to increasing the criminal penalty for the offense of criminal mischief involving impairment of or disruption to a retail motor fuel pump.

  89R105 EAS-D     By: Leach H.B. No. 2461       A BILL TO BE ENTITLED   AN ACT   relating to increasing the criminal penalty for the offense of   criminal mischief involving impairment of or disruption to a retail   motor fuel pump.          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;                      (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   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   supply; or                      (E)  less than $30,000, if the property is a motor   vehicle that is damaged, destroyed, or tampered with during the   removal or attempted removal of a catalytic converter from the   motor vehicle;                (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;                      (B)  the actor, by discharging a firearm or other   weapon or by any other means, causes the death of one or more head of   cattle or bison or one or more horses;                      (C)  the actor causes wholly or partly impairment   or interruption of access to an automated teller machine,   regardless of the amount of the pecuniary loss; [ or ]                      (D)  the amount of pecuniary loss is less than   $150,000 and the actor:                            (i)  causes wholly or partly impairment or   interruption of property used for public power supply; 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 power supply; or                       (E)     the actor causes wholly or partly impairment   of or disruption to a retail motor fuel pump, regardless of the   amount of pecuniary loss;                (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, 2025.