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BILL ANALYSIS

 

 

Senate Research Center                                                                                                      S.B. 1163

81R7111 JSC-F                                                                                                                 By: Seliger

                                                                                                                Agriculture & Rural Affairs

                                                                                                                                            3/18/2009

                                                                                                                                              As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The theft of cattle and livestock has become increasingly problematic recently, especially along the border of the Texas Panhandle.

 

As proposed,  S.B. 1163 makes the theft of cattle, horses, exotic livestock or fowl, sheep, swine, or goats a felony of the third degree if the aggregate value of the stolen livestock is less than $100,000, regardless of the number of head stolen.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 31.03(e), Penal Code, as follows:

 

(e) Provides that an offense under this section, except as provided by Subsection (f) (relating to an increase of an offense for certain reasons) is:

 

(4) a state jail felony if the value of the property stolen is $1,500 or more but less than $20,000.  Deletes existing text providing that an offense is a state jail felony if the property is less than 10 head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001 (Definitions), Agriculture Code, or any part thereof under the value of $20,000, or less than 100 head of sheep, swine, or goats or any part thereof under the value of $20,000. 

 

(5) a felony of the third degree if the value of the property stolen is $20,000 or more but less than $100,000, or the property is cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, or sheep, swine, or goats, stolen during a single transaction and having an aggregate value of less than $100,000.  Makes conforming changes.

 

SECTION 2.  Makes application of this Act prospective.

 

SECTION 3.  Effective date: September 1, 2009.