Bill Text: TX HB3508 | 2021-2022 | 87th Legislature | Introduced

---

Bill Title: Relating to the investigation and prosecution of certain criminal offenses against persons, property, and public order; increasing criminal penalties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-22 - Referred to Criminal Jurisprudence [HB3508 Detail]

Download: Texas-2021-HB3508-Introduced.html

---

87R11031 JCG-F
By: Ellzey H.B. No. 3508

A BILL TO BE ENTITLED
AN ACT
relating to the investigation and prosecution of certain criminal
offenses against persons, property, and public order; increasing
criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 14.06, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) Except as otherwise provided by this subsection, the
person making the arrest or the person having custody of an arrested
person may not release the arrested person until 12 hours have
elapsed since the time the arrest occurred if the person was
arrested for the commission of an offense under Section 42.02,
42.03, or 42.05, Penal Code. A magistrate performing the duties
described by Article 15.17 for the arrested person may release the
arrested person before the 12-hour period has elapsed if the
magistrate makes a written finding that the arrested person is not
likely to immediately commit another offense under Section 42.02,
42.03, or 42.05, Penal Code.
SECTION 2. Section 1.09, Penal Code, is amended to read as
follows:
Sec. 1.09. CONCURRENT JURISDICTION UNDER THIS CODE TO
PROSECUTE CERTAIN OFFENSES [THAT INVOLVE STATE PROPERTY]. (a) The
[With the consent of the appropriate local county or district
attorney, the] attorney general has concurrent jurisdiction with
the appropriate local county or district attorney [that consenting
local prosecutor] to prosecute under this code any offense:
(1) an element of which occurs on state property; or
(2) [any offense] that involves:
(A) the damage, destruction, use, unlawful
appropriation, or misapplication of state property, including
state funds;
(B) the obstruction of the operations of this
state, if the commission of the offense caused pecuniary loss of
more than $2,500; or
(C) a victim who was an officer or employee of a
state agency and was discharging the officer's or employee's
official duties at the time of the offense.
(b) In investigating or prosecuting an offense described by
this section, the attorney general may request assistance in the
investigation or prosecution from:
(1) the appropriate district or county attorney; or
(2) the Department of Public Safety.
(c) A district attorney, a county attorney, or the
department, as applicable, shall cooperate with the attorney
general after receiving a request under Subsection (b).
SECTION 3. Section 28.03(g), Penal Code, is amended by
adding Subdivision (9) to read as follows:
(9) "Damage" includes the alteration of the physical,
thermal, chemical, or biological quality of, or the contamination
of, any land or surface or subsurface water in the state that
renders the land or water harmful, detrimental, or injurious to
humans, animal life, vegetation, or property or to public health,
safety, or welfare or impairs the usefulness or the public
enjoyment of the land or water for any lawful or reasonable purpose.
SECTION 4. Section 42.02, Penal Code, is amended by
amending Subsection (e) and adding Subsection (g) to read as
follows:
(e) Except as provided by Subsections [in Subsection] (f)
and (g), an offense under this section is a Class A [B] misdemeanor.
(g) An offense under this section is a state jail felony if
it is shown on the trial of the offense that the actor's conduct
resulted in bodily injury or damage to property causing pecuniary
loss of $2,500 or more.
SECTION 5. Section 42.03(c), Penal Code, is amended to read
as follows:
(c) An offense under this section is a Class A [B]
misdemeanor.
SECTION 6. 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 7. This Act takes effect September 1, 2021.