|  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to the punishment for certain offenses against property or | 
      
        |  | against public administration. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Sections 28.03(b), (f), (h), and (j), Penal | 
      
        |  | Code, are 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 [ $50]; 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 [ $50] or more but less than $750 [$500]; | 
      
        |  | (3)  a Class A misdemeanor if: | 
      
        |  | (A)  the amount of pecuniary loss is $750 [ $500] | 
      
        |  | or more but less than $2,500 [ $1,500]; 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 [ $1,500] or more but less than $30,000 | 
      
        |  | [ $20,000]; | 
      
        |  | (B)  less than $2,500 [ $1,500], 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 [ $1,500], 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 [ $20,000] 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 the amount of the | 
      
        |  | pecuniary loss is $30,000 [ $20,000] or more but less than $150,000 | 
      
        |  | [ $100,000]; | 
      
        |  | (6)  a felony of the second degree if the amount of | 
      
        |  | pecuniary loss is $150,000 [ $100,000] or more but less than | 
      
        |  | $300,000 [ $200,000]; or | 
      
        |  | (7)  a felony of the first degree if the amount of | 
      
        |  | pecuniary loss is $300,000 [ $200,000] or more. | 
      
        |  | (f)  An offense under this section is a state jail felony if | 
      
        |  | the damage or destruction is inflicted on a place of worship or | 
      
        |  | human burial, a public monument, or a community center that | 
      
        |  | provides medical, social, or educational programs and the amount of | 
      
        |  | the pecuniary loss to real property or to tangible personal | 
      
        |  | property is $750 or more but less than $30,000 [ $20,000]. | 
      
        |  | (h)  An offense under this section is a state jail felony if | 
      
        |  | the amount of the pecuniary loss to real property or to tangible | 
      
        |  | personal property is $750 [ $1,500] or more but less than $30,000 | 
      
        |  | [ $20,000] and the damage or destruction is inflicted on a public or | 
      
        |  | private elementary school, secondary school, or institution of | 
      
        |  | higher education. | 
      
        |  | (j)  Notwithstanding Subsection (b), an offense under this | 
      
        |  | section is a felony of the third degree if: | 
      
        |  | (1)  the tangible property damaged, destroyed, or | 
      
        |  | tampered with is transportation communications equipment or a | 
      
        |  | transportation communications device; and | 
      
        |  | (2)  the amount of the pecuniary loss to the tangible | 
      
        |  | property is less than $150,000 [ $100,000]. | 
      
        |  | SECTION 2.  Section 28.06(d), Penal Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | (d)  If the amount of pecuniary loss cannot be ascertained by | 
      
        |  | the criteria set forth in Subsections (a) through (c), the amount of | 
      
        |  | loss is deemed to be greater than $750 [ $500] but less than $2,500 | 
      
        |  | [ $1,500]. | 
      
        |  | SECTION 3.  Section 28.07(e), Penal Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | (e)  An offense under Subsection (b)(2)(B), (b)(2)(C), or | 
      
        |  | (b)(2)(D) is a Class C misdemeanor unless the person causes | 
      
        |  | pecuniary loss of $100 or more, in which event the offense is: | 
      
        |  | (1)  a Class B misdemeanor if the amount of pecuniary | 
      
        |  | loss is $100 [ $20] or more but less than $750 [$500]; | 
      
        |  | (2)  a Class A misdemeanor if the amount of pecuniary | 
      
        |  | loss is $750 [ $500] or more but less than $2,500 [$1,500]; | 
      
        |  | (3)  a state jail felony if the amount of pecuniary loss | 
      
        |  | is $2,500 [ $1,500] or more but less than $30,000 [$20,000]; | 
      
        |  | (4)  a felony of the third degree if the amount of the | 
      
        |  | pecuniary loss is $30,000 [ $20,000] or more but less than $150,000 | 
      
        |  | [ $100,000]; | 
      
        |  | (5)  a felony of the second degree if the amount of | 
      
        |  | pecuniary loss is $150,000 [ $100,000] or more but less than | 
      
        |  | $300,000 [ $200,000]; or | 
      
        |  | (6)  a felony of the first degree if the amount of the | 
      
        |  | pecuniary loss is $300,000 [ $200,000] or more. | 
      
        |  | SECTION 4.  Sections 28.08(b) and (d), Penal Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  Except as provided by Subsection (d), an offense under | 
      
        |  | this section is: | 
      
        |  | (1)  a Class C misdemeanor if the amount of pecuniary | 
      
        |  | loss is less than $100; | 
      
        |  | (2)  a Class B misdemeanor if the amount of pecuniary | 
      
        |  | loss is $100 or more but less than $750 [ $500]; | 
      
        |  | (3) [ (2)]  a Class A misdemeanor if the amount of | 
      
        |  | pecuniary loss is $750 [ $500] or more but less than $2,500 [$1,500]; | 
      
        |  | (4) [ (3)]  a state jail felony if the amount of | 
      
        |  | pecuniary loss is $2,500 [ $1,500] or more but less than $30,000 | 
      
        |  | [ $20,000]; | 
      
        |  | (5) [ (4)]  a felony of the third degree if the amount of | 
      
        |  | pecuniary loss is $30,000 [ $20,000] or more but less than $150,000 | 
      
        |  | [ $100,000]; | 
      
        |  | (6) [ (5)]  a felony of the second degree if the amount | 
      
        |  | of pecuniary loss is $150,000 [ $100,000] or more but less than | 
      
        |  | $300,000 [ $200,000]; or | 
      
        |  | (7) [ (6)]  a felony of the first degree if the amount of | 
      
        |  | pecuniary loss is $300,000 [ $200,000] or more. | 
      
        |  | (d)  An offense under this section is a state jail felony if: | 
      
        |  | (1)  the marking is made on a school, an institution of | 
      
        |  | higher education, a place of worship or human burial, a public | 
      
        |  | monument, or a community center that provides medical, social, or | 
      
        |  | educational programs; and | 
      
        |  | (2)  the amount of the pecuniary loss to real property | 
      
        |  | or to tangible personal property is $750 or more but less than | 
      
        |  | $30,000 [ $20,000]. | 
      
        |  | SECTION 5.  Article 14.06(d), Code of Criminal Procedure, is | 
      
        |  | amended to read as follows: | 
      
        |  | (d)  Subsection (c) applies only to a person charged with | 
      
        |  | committing an offense under: | 
      
        |  | (1)  Section 481.121, Health and Safety Code, if the | 
      
        |  | offense is punishable under Subsection (b)(1) or (2) of that | 
      
        |  | section; | 
      
        |  | (1-a)  Section 481.1161, Health and Safety Code, if the | 
      
        |  | offense is punishable under Subsection (b)(1) or (2) of that | 
      
        |  | section; | 
      
        |  | (2)  Section 28.03, Penal Code, if the offense is | 
      
        |  | punishable under Subsection (b)(2) of that section; | 
      
        |  | (3)  Section 28.08, Penal Code, if the offense is | 
      
        |  | punishable under Subsection (b)(2) or (3) [ (b)(1)] of that section; | 
      
        |  | (4)  Section 31.03, Penal Code, if the offense is | 
      
        |  | punishable under Subsection (e)(2)(A) of that section; | 
      
        |  | (5)  Section 31.04, Penal Code, if the offense is | 
      
        |  | punishable under Subsection (e)(2) of that section; | 
      
        |  | (6)  Section 38.114, Penal Code, if the offense is | 
      
        |  | punishable as a Class B misdemeanor; or | 
      
        |  | (7)  Section 521.457, Transportation Code. | 
      
        |  | SECTION 6.  Section 31.03(e), Penal Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | (e)  Except as provided by Subsection (f), an offense under | 
      
        |  | this section is: | 
      
        |  | (1)  a Class C misdemeanor if the value of the property | 
      
        |  | stolen is less than $100[ : | 
      
        |  | [ (A)  $50; or | 
      
        |  | [ (B)  $20 and the defendant obtained the property  | 
      
        |  | by issuing or passing a check or similar sight order in a manner  | 
      
        |  | described by Section 31.06]; | 
      
        |  | (2)  a Class B misdemeanor if: | 
      
        |  | (A)  the value of the property stolen is $100[ : | 
      
        |  | [ (i)  $50] or more but less than $750 [$500;  | 
      
        |  | or | 
      
        |  | [ (ii)  $20 or more but less than $500 and the  | 
      
        |  | defendant obtained the property by issuing or passing a check or  | 
      
        |  | similar sight order in a manner described by Section 31.06]; | 
      
        |  | (B)  the value of the property stolen is less than | 
      
        |  | $100[ : | 
      
        |  | [ (i)  $50] and the defendant has previously | 
      
        |  | been convicted of any grade of theft; or | 
      
        |  | [ (ii)  $20, the defendant has previously  | 
      
        |  | been convicted of any grade of theft, and the defendant obtained the  | 
      
        |  | property by issuing or passing a check or similar sight order in a  | 
      
        |  | manner described by Section 31.06; or] | 
      
        |  | (C)  the property stolen is a driver's license, | 
      
        |  | commercial driver's license, or personal identification | 
      
        |  | certificate issued by this state or another state; | 
      
        |  | (3)  a Class A misdemeanor if the value of the property | 
      
        |  | stolen is $750 [ $500] or more but less than $2,500 [$1,500]; | 
      
        |  | (4)  a state jail felony if: | 
      
        |  | (A)  the value of the property stolen is $2,500 | 
      
        |  | [ $1,500] or more but less than $30,000 [$20,000], or the property is | 
      
        |  | less than 10 head of sheep, swine, or goats or any part thereof | 
      
        |  | under the value of $30,000 [ $20,000]; | 
      
        |  | (B)  regardless of value, the property is stolen | 
      
        |  | from the person of another or from a human corpse or grave, | 
      
        |  | including property that is a military grave marker; | 
      
        |  | (C)  the property stolen is a firearm, as defined | 
      
        |  | by Section 46.01; | 
      
        |  | (D)  the value of the property stolen is less than | 
      
        |  | $2,500 [ $1,500] and the defendant has been previously convicted two | 
      
        |  | or more times of any grade of theft; | 
      
        |  | (E)  the property stolen is an official ballot or | 
      
        |  | official carrier envelope for an election; or | 
      
        |  | (F)  the value of the property stolen is less than | 
      
        |  | $30,000 [ $20,000] and the property stolen is: | 
      
        |  | (i)  aluminum; | 
      
        |  | (ii)  bronze; | 
      
        |  | (iii)  copper; or | 
      
        |  | (iv)  brass; | 
      
        |  | (5)  a felony of the third degree if the value of the | 
      
        |  | property stolen is $30,000 [ $20,000] or more but less than $150,000 | 
      
        |  | [ $100,000], or the property is: | 
      
        |  | (A)  cattle, horses, or exotic livestock or exotic | 
      
        |  | fowl as defined by Section 142.001, Agriculture Code, stolen during | 
      
        |  | a single transaction and having an aggregate value of less than | 
      
        |  | $150,000 [ $100,000]; or | 
      
        |  | (B)  10 or more head of sheep, swine, or goats | 
      
        |  | stolen during a single transaction and having an aggregate value of | 
      
        |  | less than $150,000 [ $100,000]; | 
      
        |  | (6)  a felony of the second degree if: | 
      
        |  | (A)  the value of the property stolen is $150,000 | 
      
        |  | [ $100,000] or more but less than $300,000 [$200,000]; or | 
      
        |  | (B)  the value of the property stolen is less than | 
      
        |  | $300,000 [ $200,000] and the property stolen is an automated teller | 
      
        |  | machine or the contents or components of an automated teller | 
      
        |  | machine; or | 
      
        |  | (7)  a felony of the first degree if the value of the | 
      
        |  | property stolen is $300,000 [ $200,000] or more. | 
      
        |  | SECTION 7.  Sections 31.04(b) and (e), Penal Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  For purposes of this section, intent to avoid payment is | 
      
        |  | presumed if: | 
      
        |  | (1)  the actor absconded without paying for the service | 
      
        |  | or expressly refused to pay for the service in circumstances where | 
      
        |  | payment is ordinarily made immediately upon rendering of the | 
      
        |  | service, as in hotels, campgrounds, recreational vehicle parks, | 
      
        |  | restaurants, and comparable establishments; | 
      
        |  | (2)  the actor failed to make payment under a service | 
      
        |  | agreement within 10 days after receiving notice demanding payment; | 
      
        |  | (3)  the actor returns property held under a rental | 
      
        |  | agreement after the expiration of the rental agreement and fails to | 
      
        |  | pay the applicable rental charge for the property within 10 days | 
      
        |  | after the date on which the actor received notice demanding | 
      
        |  | payment; or | 
      
        |  | (4)  the actor failed to return the property held under | 
      
        |  | a rental agreement: | 
      
        |  | (A)  within five days after receiving notice | 
      
        |  | demanding return, if the property is valued at less than $2,500 | 
      
        |  | [ $1,500]; or | 
      
        |  | (B)  within three days after receiving notice | 
      
        |  | demanding return, if the property is valued at $2,500 [ $1,500] or | 
      
        |  | more. | 
      
        |  | (e)  An offense under this section is: | 
      
        |  | (1)  a Class C misdemeanor if the value of the service | 
      
        |  | stolen is less than $100 [ $20]; | 
      
        |  | (2)  a Class B misdemeanor if the value of the service | 
      
        |  | stolen is $100 [ $20] or more but less than $750 [$500]; | 
      
        |  | (3)  a Class A misdemeanor if the value of the service | 
      
        |  | stolen is $750 [ $500] or more but less than $2,500 [$1,500]; | 
      
        |  | (4)  a state jail felony if the value of the service | 
      
        |  | stolen is $2,500 [ $1,500] or more but less than $30,000 [$20,000]; | 
      
        |  | (5)  a felony of the third degree if the value of the | 
      
        |  | service stolen is $30,000 [ $20,000] or more but less than $150,000 | 
      
        |  | [ $100,000]; | 
      
        |  | (6)  a felony of the second degree if the value of the | 
      
        |  | service stolen is $150,000 [ $100,000] or more but less than | 
      
        |  | $300,000 [ $200,000]; or | 
      
        |  | (7)  a felony of the first degree if the value of the | 
      
        |  | service stolen is $300,000 [ $200,000] or more. | 
      
        |  | SECTION 8.  Section 31.08(c), Penal Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | (c)  If property or service has value that cannot be | 
      
        |  | reasonably ascertained by the criteria set forth in Subsections (a) | 
      
        |  | and (b), the property or service is deemed to have a value of $750 | 
      
        |  | [ $500] or more but less than $2,500 [$1,500]. | 
      
        |  | SECTION 9.  Sections 31.16(c) and (d), Penal Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (c)  An offense under this section is: | 
      
        |  | (1)  a Class C misdemeanor if the total value of the | 
      
        |  | merchandise involved in the activity is less than $100; | 
      
        |  | (2)  a Class B misdemeanor if the total value of the | 
      
        |  | merchandise involved in the activity is $100 or more but less than | 
      
        |  | $750 [ $50]; | 
      
        |  | (3) [ (2)]  a Class A misdemeanor if the total value of | 
      
        |  | the merchandise involved in the activity is $750 [ $50] or more but | 
      
        |  | less than $2,500 [ $500]; | 
      
        |  | (4) [ (3)]  a state jail felony if the total value of the | 
      
        |  | merchandise involved in the activity is $2,500 [ $500] or more but | 
      
        |  | less than $30,000 [ $1,500]; | 
      
        |  | (5) [ (4)]  a felony of the third degree if the total | 
      
        |  | value of the merchandise involved in the activity is $30,000 | 
      
        |  | [ $1,500] or more but less than $150,000 [$20,000]; | 
      
        |  | (6) [ (5)]  a felony of the second degree if the total | 
      
        |  | value of the merchandise involved in the activity is $150,000 | 
      
        |  | [ $20,000] or more but less than $300,000 [$100,000]; or | 
      
        |  | (7) [ (6)]  a felony of the first degree if the total | 
      
        |  | value of the merchandise involved in the activity is $300,000 | 
      
        |  | [ $100,000] or more. | 
      
        |  | (d)  An offense described for purposes of punishment by | 
      
        |  | Subsections (c)(1)-(6) [ (c)(1)-(5)] is increased to the next higher | 
      
        |  | category of offense if it is shown on the trial of the offense that: | 
      
        |  | (1)  the person organized, supervised, financed, or | 
      
        |  | managed one or more other persons engaged in an activity described | 
      
        |  | by Subsection (b); or | 
      
        |  | (2)  during the commission of the offense, a person | 
      
        |  | engaged in an activity described by Subsection (b) intentionally, | 
      
        |  | knowingly, or recklessly: | 
      
        |  | (A)  caused a fire exit alarm to sound or | 
      
        |  | otherwise become activated; | 
      
        |  | (B)  deactivated or otherwise prevented a fire | 
      
        |  | exit alarm or retail theft detector from sounding; or | 
      
        |  | (C)  used a shielding or deactivation instrument | 
      
        |  | to prevent or attempt to prevent detection of the offense by a | 
      
        |  | retail theft detector. | 
      
        |  | SECTION 10.  Section 32.02(c), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (c)  If property or service has value that cannot be | 
      
        |  | reasonably ascertained by the criteria set forth in Subsections (a) | 
      
        |  | and (b), the property or service is deemed to have a value of $750 | 
      
        |  | [ $500] or more but less than $2,500 [$1,500]. | 
      
        |  | SECTION 11.  Section 32.23(e), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (e)  An offense under this section is a: | 
      
        |  | (1)  Class C misdemeanor if the retail value of the item | 
      
        |  | or service is less than $100 [ $20]; | 
      
        |  | (2)  Class B misdemeanor if the retail value of the item | 
      
        |  | or service is $100 [ $20] or more but less than $750 [$500]; | 
      
        |  | (3)  Class A misdemeanor if the retail value of the item | 
      
        |  | or service is $750 [ $500] or more but less than $2,500 [$1,500]; | 
      
        |  | (4)  state jail felony if the retail value of the item | 
      
        |  | or service is $2,500 [ $1,500] or more but less than $30,000 | 
      
        |  | [ $20,000]; | 
      
        |  | (5)  felony of the third degree if the retail value of | 
      
        |  | the item or service is $30,000 [ $20,000] or more but less than | 
      
        |  | $150,000 [ $100,000]; | 
      
        |  | (6)  felony of the second degree if the retail value of | 
      
        |  | the item or service is $150,000 [ $100,000] or more but less than | 
      
        |  | $300,000 [ $200,000]; or | 
      
        |  | (7)  felony of the first degree if the retail value of | 
      
        |  | the item or service is $300,000 [ $200,000] or more. | 
      
        |  | SECTION 12.  Section 32.32(c), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (c)  An offense under this section is: | 
      
        |  | (1)  a Class C misdemeanor if the value of the property | 
      
        |  | or the amount of credit is less than $100 [ $50]; | 
      
        |  | (2)  a Class B misdemeanor if the value of the property | 
      
        |  | or the amount of credit is $100 [ $50] or more but less than $750 | 
      
        |  | [ $500]; | 
      
        |  | (3)  a Class A misdemeanor if the value of the property | 
      
        |  | or the amount of credit is $750 [ $500] or more but less than $2,500 | 
      
        |  | [ $1,500]; | 
      
        |  | (4)  a state jail felony if the value of the property or | 
      
        |  | the amount of credit is $2,500 [ $1,500] or more but less than | 
      
        |  | $30,000 [ $20,000]; | 
      
        |  | (5)  a felony of the third degree if the value of the | 
      
        |  | property or the amount of credit is $30,000 [ $20,000] or more but | 
      
        |  | less than $150,000 [ $100,000]; | 
      
        |  | (6)  a felony of the second degree if the value of the | 
      
        |  | property or the amount of credit is $150,000 [ $100,000] or more but | 
      
        |  | less than $300,000 [ $200,000]; or | 
      
        |  | (7)  a felony of the first degree if the value of the | 
      
        |  | property or the amount of credit is $300,000 [ $200,000] or more. | 
      
        |  | SECTION 13.  Sections 32.33(d) and (e), Penal Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (d)  An offense under Subsection (b) is a: | 
      
        |  | (1)  Class C misdemeanor if the value of the property | 
      
        |  | destroyed, removed, concealed, encumbered, or otherwise harmed or | 
      
        |  | reduced in value is less than $100 [ $20]; | 
      
        |  | (2)  Class B misdemeanor if the value of the property | 
      
        |  | destroyed, removed, concealed, encumbered, or otherwise harmed or | 
      
        |  | reduced in value is $100 [ $20] or more but less than $750 [$500]; | 
      
        |  | (3)  Class A misdemeanor if the value of the property | 
      
        |  | destroyed, removed, concealed, encumbered, or otherwise harmed or | 
      
        |  | reduced in value is $750 [ $500] or more but less than $2,500 | 
      
        |  | [ $1,500]; | 
      
        |  | (4)  state jail felony if the value of the property | 
      
        |  | destroyed, removed, concealed, encumbered, or otherwise harmed or | 
      
        |  | reduced in value is $2,500 [ $1,500] or more but less than $30,000 | 
      
        |  | [ $20,000]; | 
      
        |  | (5)  felony of the third degree if the value of the | 
      
        |  | property destroyed, removed, concealed, encumbered, or otherwise | 
      
        |  | harmed or reduced in value is $30,000 [ $20,000] or more but less | 
      
        |  | than $150,000 [ $100,000]; | 
      
        |  | (6)  felony of the second degree if the value of the | 
      
        |  | property destroyed, removed, concealed, encumbered, or otherwise | 
      
        |  | harmed or reduced in value is $150,000 [ $100,000] or more but less | 
      
        |  | than $300,000 [ $200,000]; or | 
      
        |  | (7)  felony of the first degree if the value of the | 
      
        |  | property destroyed, removed, concealed, encumbered, or otherwise | 
      
        |  | harmed or reduced in value is $300,000 [ $200,000] or more. | 
      
        |  | (e)  A person who is a debtor under a security agreement, and | 
      
        |  | who does not have a right to sell or dispose of the secured property | 
      
        |  | or is required to account to the secured party for the proceeds of a | 
      
        |  | permitted sale or disposition, commits an offense if the person | 
      
        |  | sells or otherwise disposes of the secured property, or does not | 
      
        |  | account to the secured party for the proceeds of a sale or other | 
      
        |  | disposition as required, with intent to appropriate (as defined in | 
      
        |  | Chapter 31) the proceeds or value of the secured property.  A person | 
      
        |  | is presumed to have intended to appropriate proceeds if the person | 
      
        |  | does not deliver the proceeds to the secured party or account to the | 
      
        |  | secured party for the proceeds before the 11th day after the day | 
      
        |  | that the secured party makes a lawful demand for the proceeds or | 
      
        |  | account.  An offense under this subsection is: | 
      
        |  | (1)  a Class C misdemeanor if the proceeds obtained | 
      
        |  | from the sale or other disposition are money or goods having a value | 
      
        |  | of less than $100 [ $20]; | 
      
        |  | (2)  a Class B misdemeanor if the proceeds obtained | 
      
        |  | from the sale or other disposition are money or goods having a value | 
      
        |  | of $100 [ $20] or more but less than $750 [$500]; | 
      
        |  | (3)  a Class A misdemeanor if the proceeds obtained | 
      
        |  | from the sale or other disposition are money or goods having a value | 
      
        |  | of $750 [ $500] or more but less than $2,500 [$1,500]; | 
      
        |  | (4)  a state jail felony if the proceeds obtained from | 
      
        |  | the sale or other disposition are money or goods having a value of | 
      
        |  | $2,500 [ $1,500] or more but less than $30,000 [$20,000]; | 
      
        |  | (5)  a felony of the third degree if the proceeds | 
      
        |  | obtained from the sale or other disposition are money or goods | 
      
        |  | having a value of $30,000 [ $20,000] or more but less than $150,000 | 
      
        |  | [ $100,000]; | 
      
        |  | (6)  a felony of the second degree if the proceeds | 
      
        |  | obtained from the sale or other disposition are money or goods | 
      
        |  | having a value of $150,000 [ $100,000] or more but less than $300,000 | 
      
        |  | [ $200,000]; or | 
      
        |  | (7)  a felony of the first degree if the proceeds | 
      
        |  | obtained from the sale or other disposition are money or goods | 
      
        |  | having a value of $300,000 [ $200,000] or more. | 
      
        |  | SECTION 14.  Section 32.34(f), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (f)  An offense under Subsection (b)(1), (b)(2), or (b)(3) | 
      
        |  | is: | 
      
        |  | (1)  a state jail felony if the value of the motor | 
      
        |  | vehicle is less than $30,000 [ $20,000]; [or] | 
      
        |  | (2)  a felony of the third degree if the value of the | 
      
        |  | motor vehicle is $30,000 [ $20,000] or more but less than $150,000; | 
      
        |  | (3)  a felony of the second degree if the value of the | 
      
        |  | motor vehicle is $150,000 or more but less than $300,000; or | 
      
        |  | (4)  a felony of the first degree if the value of the | 
      
        |  | motor vehicle is $300,000 or more. | 
      
        |  | SECTION 15.  Section 32.35(e), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (e)  An offense under this section is a: | 
      
        |  | (1)  Class C misdemeanor if the amount of the record of | 
      
        |  | a sale is less than $100 [ $20]; | 
      
        |  | (2)  Class B misdemeanor if the amount of the record of | 
      
        |  | a sale is $100 [ $20] or more but less than $750 [$500]; | 
      
        |  | (3)  Class A misdemeanor if the amount of the record of | 
      
        |  | a sale is $750 [ $500] or more but less than $2,500 [$1,500]; | 
      
        |  | (4)  state jail felony if the amount of the record of a | 
      
        |  | sale is $2,500 [ $1,500] or more but less than $30,000 [$20,000]; | 
      
        |  | (5)  felony of the third degree if the amount of the | 
      
        |  | record of a sale is $30,000 [ $20,000] or more but less than $150,000 | 
      
        |  | [ $100,000]; | 
      
        |  | (6)  felony of the second degree if the amount of the | 
      
        |  | record of a sale is $150,000 [ $100,000] or more but less than | 
      
        |  | $300,000 [ $200,000]; or | 
      
        |  | (7)  felony of the first degree if the amount of the | 
      
        |  | record of a sale is $300,000 [ $200,000] or more. | 
      
        |  | SECTION 16.  Section 32.441(e), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (e)  An offense under this section is a: | 
      
        |  | (1)  Class C misdemeanor if the value of the benefit is | 
      
        |  | less than $100 [ $20]; | 
      
        |  | (2)  Class B misdemeanor if the value of the benefit is | 
      
        |  | $100 [ $20] or more but less than $750 [$500]; | 
      
        |  | (3)  Class A misdemeanor if the value of the benefit is | 
      
        |  | $750 [ $500] or more but less than $2,500 [$1,500]; | 
      
        |  | (4)  state jail felony if the value of the benefit is | 
      
        |  | $2,500 [ $1,500] or more but less than $30,000 [$20,000]; | 
      
        |  | (5)  felony of the third degree if the value of the | 
      
        |  | benefit is $30,000 [ $20,000] or more but less than $150,000 | 
      
        |  | [ $100,000]; | 
      
        |  | (6)  felony of the second degree if the value of the | 
      
        |  | benefit is $150,000 [ $100,000] or more but less than $300,000 | 
      
        |  | [ $200,000]; or | 
      
        |  | (7)  felony of the first degree if the value of the | 
      
        |  | benefit is $300,000 [ $200,000] or more. | 
      
        |  | SECTION 17.  Section 32.45(c), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (c)  An offense under this section is: | 
      
        |  | (1)  a Class C misdemeanor if the value of the property | 
      
        |  | misapplied is less than $100 [ $20]; | 
      
        |  | (2)  a Class B misdemeanor if the value of the property | 
      
        |  | misapplied is $100 [ $20] or more but less than $750 [$500]; | 
      
        |  | (3)  a Class A misdemeanor if the value of the property | 
      
        |  | misapplied is $750 [ $500] or more but less than $2,500 [$1,500]; | 
      
        |  | (4)  a state jail felony if the value of the property | 
      
        |  | misapplied is $2,500 [ $1,500] or more but less than $30,000 | 
      
        |  | [ $20,000]; | 
      
        |  | (5)  a felony of the third degree if the value of the | 
      
        |  | property misapplied is $30,000 [ $20,000] or more but less than | 
      
        |  | $150,000 [ $100,000]; | 
      
        |  | (6)  a felony of the second degree if the value of the | 
      
        |  | property misapplied is $150,000 [ $100,000] or more but less than | 
      
        |  | $300,000 [ $200,000]; or | 
      
        |  | (7)  a felony of the first degree if the value of the | 
      
        |  | property misapplied is $300,000 [ $200,000] or more. | 
      
        |  | SECTION 18.  Section 32.46(b), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  An offense under Subsection (a)(1) is a: | 
      
        |  | (1)  Class C misdemeanor if the value of the property, | 
      
        |  | service, or pecuniary interest is less than $100 [ $20]; | 
      
        |  | (2)  Class B misdemeanor if the value of the property, | 
      
        |  | service, or pecuniary interest is $100 [ $20] or more but less than | 
      
        |  | $750 [ $500]; | 
      
        |  | (3)  Class A misdemeanor if the value of the property, | 
      
        |  | service, or pecuniary interest is $750 [ $500] or more but less than | 
      
        |  | $2,500 [ $1,500]; | 
      
        |  | (4)  state jail felony if the value of the property, | 
      
        |  | service, or pecuniary interest is $2,500 [ $1,500] or more but less | 
      
        |  | than $30,000 [ $20,000]; | 
      
        |  | (5)  felony of the third degree if the value of the | 
      
        |  | property, service, or pecuniary interest is $30,000 [ $20,000] or | 
      
        |  | more but less than $150,000 [ $100,000]; | 
      
        |  | (6)  felony of the second degree if the value of the | 
      
        |  | property, service, or pecuniary interest is $150,000 [ $100,000] or | 
      
        |  | more but less than $300,000 [ $200,000]; or | 
      
        |  | (7)  felony of the first degree if the value of the | 
      
        |  | property, service, or pecuniary interest is $300,000 [ $200,000] or | 
      
        |  | more. | 
      
        |  | SECTION 19.  Section 33.02(b-2), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b-2)  An offense under Subsection (b-1) is: | 
      
        |  | (1)  a Class C misdemeanor if the aggregate amount | 
      
        |  | involved is less than $100; | 
      
        |  | (2)  a Class B misdemeanor if the aggregate amount | 
      
        |  | involved is $100 or more but less than $750; | 
      
        |  | (3)  a Class A misdemeanor if the aggregate amount | 
      
        |  | involved is $750 or more but less than $2,500; | 
      
        |  | (4) [ (1)]  a state jail felony if the aggregate amount | 
      
        |  | involved is $2,500 or more but less than $30,000 [ $20,000]; | 
      
        |  | (5) [ (2)]  a felony of the third degree if the | 
      
        |  | aggregate amount involved is $30,000 [ $20,000] or more but less | 
      
        |  | than $150,000 [ $100,000]; | 
      
        |  | (6) [ (3)]  a felony of the second degree if: | 
      
        |  | (A)  the aggregate amount involved is $150,000 | 
      
        |  | [ $100,000] or more but less than $300,000 [$200,000]; | 
      
        |  | (B)  the aggregate amount involved is any amount | 
      
        |  | less than $300,000 [ $200,000] and the computer, computer network, | 
      
        |  | or computer system is owned by the government or a critical | 
      
        |  | infrastructure facility; or | 
      
        |  | (C)  the actor obtains the identifying | 
      
        |  | information of another by accessing only one computer, computer | 
      
        |  | network, or computer system; or | 
      
        |  | (7) [ (4)]  a felony of the first degree if: | 
      
        |  | (A)  the aggregate amount involved is $300,000 | 
      
        |  | [ $200,000] or more; or | 
      
        |  | (B)  the actor obtains the identifying | 
      
        |  | information of another by accessing more than one computer, | 
      
        |  | computer network, or computer system. | 
      
        |  | SECTION 20.  Section 33A.02(b), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  An offense under this section is: | 
      
        |  | (1)  a Class C misdemeanor if the value of the | 
      
        |  | telecommunications service used or diverted is less than $100; | 
      
        |  | (2)  a Class B misdemeanor if the value of the | 
      
        |  | telecommunications service used or diverted is $100 or more but | 
      
        |  | less than $750 [ $500]; | 
      
        |  | (3) [ (2)]  a Class A misdemeanor if: | 
      
        |  | (A)  the value of the telecommunications service | 
      
        |  | used or diverted is $750 [ $500] or more but less than $2,500 | 
      
        |  | [ $1,500]; or | 
      
        |  | (B)  the value of the telecommunications service | 
      
        |  | used or diverted is less than $750 [ $500] and the defendant has been | 
      
        |  | previously convicted of an offense under this chapter; | 
      
        |  | (4) [ (3)]  a state jail felony if: | 
      
        |  | (A)  the value of the telecommunications service | 
      
        |  | used or diverted is $2,500 [ $1,500] or more but less than $30,000 | 
      
        |  | [ $20,000]; or | 
      
        |  | (B)  the value of the telecommunications service | 
      
        |  | used or diverted is less than $2,500 [ $1,500] and the defendant has | 
      
        |  | been previously convicted two or more times of an offense under this | 
      
        |  | chapter; | 
      
        |  | (5) [ (4)]  a felony of the third degree if the value of | 
      
        |  | the telecommunications service used or diverted is $30,000 | 
      
        |  | [ $20,000] or more but less than $150,000 [$100,000]; | 
      
        |  | (6) [ (5)]  a felony of the second degree if the value of | 
      
        |  | the telecommunications service used or diverted is $150,000 | 
      
        |  | [ $100,000] or more but less than $300,000 [$200,000]; or | 
      
        |  | (7) [ (6)]  a felony of the first degree if the value of | 
      
        |  | the telecommunications service used or diverted is $300,000 | 
      
        |  | [ $200,000] or more. | 
      
        |  | SECTION 21.  Section 33A.04(b), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  An offense under this section is: | 
      
        |  | (1)  a Class C misdemeanor if the value of the | 
      
        |  | telecommunications service obtained or attempted to be obtained is | 
      
        |  | less than $100; | 
      
        |  | (2)  a Class B misdemeanor if the value of the | 
      
        |  | telecommunications service obtained or attempted to be obtained is | 
      
        |  | $100 or more but less than $750 [ $500]; | 
      
        |  | (3) [ (2)]  a Class A misdemeanor if: | 
      
        |  | (A)  the value of the telecommunications service | 
      
        |  | obtained or attempted to be obtained is $750 [ $500] or more but less | 
      
        |  | than $2,500 [ $1,500]; or | 
      
        |  | (B)  the value of the telecommunications service | 
      
        |  | obtained or attempted to be obtained is less than $750 [ $500] and | 
      
        |  | the defendant has been previously convicted of an offense under | 
      
        |  | this chapter; | 
      
        |  | (4) [ (3)]  a state jail felony if: | 
      
        |  | (A)  the value of the telecommunications service | 
      
        |  | obtained or attempted to be obtained is $2,500 [ $1,500] or more but | 
      
        |  | less than $30,000 [ $20,000]; or | 
      
        |  | (B)  the value of the telecommunications service | 
      
        |  | obtained or attempted to be obtained is less than $2,500 [ $1,500] | 
      
        |  | and the defendant has been previously convicted two or more times of | 
      
        |  | an offense under this chapter; | 
      
        |  | (5) [ (4)]  a felony of the third degree if the value of | 
      
        |  | the telecommunications service obtained or attempted to be obtained | 
      
        |  | is $30,000 [ $20,000] or more but less than $150,000 [$100,000]; | 
      
        |  | (6) [ (5)]  a felony of the second degree if the value of | 
      
        |  | the telecommunications service obtained or attempted to be obtained | 
      
        |  | is $150,000 [ $100,000] or more but less than $300,000 [$200,000]; | 
      
        |  | or | 
      
        |  | (7) [ (6)]  a felony of the first degree if the value of | 
      
        |  | the telecommunications service obtained or attempted to be obtained | 
      
        |  | is $300,000 [ $200,000] or more. | 
      
        |  | SECTION 22.  Section 34.02(e), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (e)  An offense under this section is: | 
      
        |  | (1)  a state jail felony if the value of the funds is | 
      
        |  | $2,500 [ $1,500] or more but less than $30,000 [$20,000]; | 
      
        |  | (2)  a felony of the third degree if the value of the | 
      
        |  | funds is $30,000 [ $20,000] or more but less than $150,000 | 
      
        |  | [ $100,000]; | 
      
        |  | (3)  a felony of the second degree if the value of the | 
      
        |  | funds is $150,000 [ $100,000] or more but less than $300,000 | 
      
        |  | [ $200,000]; or | 
      
        |  | (4)  a felony of the first degree if the value of the | 
      
        |  | funds is $300,000 [ $200,000] or more. | 
      
        |  | SECTION 23.  Section 35.02(c), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (c)  An offense under Subsection (a) or (b) is: | 
      
        |  | (1)  a Class C misdemeanor if the value of the claim is | 
      
        |  | less than $100 [ $50]; | 
      
        |  | (2)  a Class B misdemeanor if the value of the claim is | 
      
        |  | $100 [ $50] or more but less than $750 [$500]; | 
      
        |  | (3)  a Class A misdemeanor if the value of the claim is | 
      
        |  | $750 [ $500] or more but less than $2,500 [$1,500]; | 
      
        |  | (4)  a state jail felony if the value of the claim is | 
      
        |  | $2,500 [ $1,500] or more but less than $30,000 [$20,000]; | 
      
        |  | (5)  a felony of the third degree if the value of the | 
      
        |  | claim is $30,000 [ $20,000] or more but less than $150,000 | 
      
        |  | [ $100,000]; | 
      
        |  | (6)  a felony of the second degree if the value of the | 
      
        |  | claim is $150,000 [ $100,000] or more but less than $300,000 | 
      
        |  | [ $200,000]; or | 
      
        |  | (7)  a felony of the first degree if: | 
      
        |  | (A)  the value of the claim is $300,000 [ $200,000] | 
      
        |  | or more; or | 
      
        |  | (B)  an act committed in connection with the | 
      
        |  | commission of the offense places a person at risk of death or | 
      
        |  | serious bodily injury. | 
      
        |  | SECTION 24.  Section 35.025(b), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  If goods or services that are the subject of a claim | 
      
        |  | cannot be reasonably ascertained under Subsection (a), the goods or | 
      
        |  | services are considered to have a value of $750 [ $500] or more but | 
      
        |  | less than $2,500 [ $1,500]. | 
      
        |  | SECTION 25.  Section 35A.02(b), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  An offense under this section is: | 
      
        |  | (1)  a Class C misdemeanor if the amount of any payment | 
      
        |  | or the value of any monetary or in-kind benefit provided or claim | 
      
        |  | for payment made under the Medicaid program, directly or | 
      
        |  | indirectly, as a result of the conduct is less than $100 [ $50]; | 
      
        |  | (2)  a Class B misdemeanor if the amount of any payment | 
      
        |  | or the value of any monetary or in-kind benefit provided or claim | 
      
        |  | for payment made under the Medicaid program, directly or | 
      
        |  | indirectly, as a result of the conduct is $100 [ $50] or more but | 
      
        |  | less than $750 [ $500]; | 
      
        |  | (3)  a Class A misdemeanor if the amount of any payment | 
      
        |  | or the value of any monetary or in-kind benefit provided or claim | 
      
        |  | for payment made under the Medicaid program, directly or | 
      
        |  | indirectly, as a result of the conduct is $750 [ $500] or more but | 
      
        |  | less than $2,500 [ $1,500]; | 
      
        |  | (4)  a state jail felony if: | 
      
        |  | (A)  the amount of any payment or the value of any | 
      
        |  | monetary or in-kind benefit provided or claim for payment made | 
      
        |  | under the Medicaid program, directly or indirectly, as a result of | 
      
        |  | the conduct is $2,500 [ $1,500] or more but less than $30,000 | 
      
        |  | [ $20,000]; | 
      
        |  | (B)  the offense is committed under Subsection | 
      
        |  | (a)(11); or | 
      
        |  | (C)  it is shown on the trial of the offense that | 
      
        |  | the amount of the payment or value of the benefit described by this | 
      
        |  | subsection cannot be reasonably ascertained; | 
      
        |  | (5)  a felony of the third degree if: | 
      
        |  | (A)  the amount of any payment or the value of any | 
      
        |  | monetary or in-kind benefit provided or claim for payment made | 
      
        |  | under the Medicaid program, directly or indirectly, as a result of | 
      
        |  | the conduct is $30,000 [ $20,000] or more but less than $150,000 | 
      
        |  | [ $100,000]; or | 
      
        |  | (B)  it is shown on the trial of the offense that | 
      
        |  | the defendant submitted more than 25 but fewer than 50 fraudulent | 
      
        |  | claims under the Medicaid program and the submission of each claim | 
      
        |  | constitutes conduct prohibited by Subsection (a); | 
      
        |  | (6)  a felony of the second degree if: | 
      
        |  | (A)  the amount of any payment or the value of any | 
      
        |  | monetary or in-kind benefit provided or claim for payment made | 
      
        |  | under the Medicaid program, directly or indirectly, as a result of | 
      
        |  | the conduct is $150,000 [ $100,000] or more but less than $300,000 | 
      
        |  | [ $200,000]; or | 
      
        |  | (B)  it is shown on the trial of the offense that | 
      
        |  | the defendant submitted 50 or more fraudulent claims under the | 
      
        |  | Medicaid program and the submission of each claim constitutes | 
      
        |  | conduct prohibited by Subsection (a); or | 
      
        |  | (7)  a felony of the first degree if the amount of any | 
      
        |  | payment or the value of any monetary or in-kind benefit provided or | 
      
        |  | claim for payment made under the Medicaid program, directly or | 
      
        |  | indirectly, as a result of the conduct is $300,000 [ $200,000] or | 
      
        |  | more. | 
      
        |  | SECTION 26.  Section 39.02(c), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (c)  An offense under Subsection (a)(2) is: | 
      
        |  | (1)  a Class C misdemeanor if the value of the use of | 
      
        |  | the thing misused is less than $100 [ $20]; | 
      
        |  | (2)  a Class B misdemeanor if the value of the use of | 
      
        |  | the thing misused is $100 [ $20] or more but less than $750 [$500]; | 
      
        |  | (3)  a Class A misdemeanor if the value of the use of | 
      
        |  | the thing misused is $750 [ $500] or more but less than $2,500 | 
      
        |  | [ $1,500]; | 
      
        |  | (4)  a state jail felony if the value of the use of the | 
      
        |  | thing misused is $2,500 [ $1,500] or more but less than $30,000 | 
      
        |  | [ $20,000]; | 
      
        |  | (5)  a felony of the third degree if the value of the | 
      
        |  | use of the thing misused is $30,000 [ $20,000] or more but less than | 
      
        |  | $150,000 [ $100,000]; | 
      
        |  | (6)  a felony of the second degree if the value of the | 
      
        |  | use of the thing misused is $150,000 [ $100,000] or more but less | 
      
        |  | than $300,000 [ $200,000]; or | 
      
        |  | (7)  a felony of the first degree if the value of the | 
      
        |  | use of the thing misused is $300,000 [ $200,000] or more. | 
      
        |  | SECTION 27.  The changes in law made by this Act apply 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 28.  This Act takes effect September 1, 2015. |