81R11642 GCB-D
 
  By: Kent H.B. No. 2126
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution and punishment of offenses involving
  graffiti.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.08(b), Penal Code, is amended to read
  as follows:
         (b)  Except as provided by Subsection (d), an offense under
  this section is:
               (1)  a Class B misdemeanor if the amount of pecuniary
  loss is less than $300 [$500];
               (2)  a Class A misdemeanor if the amount of pecuniary
  loss is $300 [$500] or more but less than $1,500;
               (3)  a state jail felony if the amount of pecuniary loss
  is $1,500 or more but less than $20,000;
               (4)  a felony of the third degree if the amount of
  pecuniary loss is $20,000 or more but less than $100,000;
               (5)  a felony of the second degree if the amount of
  pecuniary loss is $100,000 or more but less than $200,000; or
               (6)  a felony of the first degree if the amount of
  pecuniary loss is $200,000 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
  covered by the law in effect when 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 was committed before that
  date.
         SECTION 3.  This Act takes effect September 1, 2009.