Bill Text: TX HB427 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the punishment for the offense of fraudulent destruction, removal, or concealment of a writing that is attached to tangible property; enhancing a criminal penalty.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2019-05-25 - Effective on 9/1/19 [HB427 Detail]
Download: Texas-2019-HB427-Enrolled.html
H.B. No. 427 |
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relating to the punishment for the offense of fraudulent | ||
destruction, removal, or concealment of a writing that is attached | ||
to tangible property; enhancing a criminal penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 32.47, Penal Code, is amended by | ||
amending Subsection (c) and adding Subsection (e) to read as | ||
follows: | ||
(c) Except as provided by [ |
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under this section is a Class A misdemeanor, provided that: | ||
(1) the writing is not attached to tangible property | ||
to indicate the price for the sale of that property; and | ||
(2) the actor did not engage in the conduct described | ||
by Subsection (a) with respect to that writing for the purpose of | ||
obtaining the property for a lesser price indicated by a separate | ||
writing. | ||
(e) If at the time of the offense the writing was attached to | ||
tangible property to indicate the price for the sale of that | ||
property and the actor engaged in the conduct described by | ||
Subsection (a) with respect to that writing for the purpose of | ||
obtaining the property for a lesser price indicated by a separate | ||
writing, an offense under this section is: | ||
(1) a Class C misdemeanor if the difference between | ||
the impaired writing and the lesser price indicated by the other | ||
writing is less than $100; | ||
(2) a Class B misdemeanor if the difference between | ||
the impaired writing and the lesser price indicated by the other | ||
writing is $100 or more but less than $750; | ||
(3) a Class A misdemeanor if the difference between | ||
the impaired writing and the lesser price indicated by the other | ||
writing is $750 or more but less than $2,500; | ||
(4) a state jail felony if the difference between the | ||
impaired writing and the lesser price indicated by the other | ||
writing is $2,500 or more but less than $30,000; | ||
(5) a felony of the third degree if the difference | ||
between the impaired writing and the lesser price indicated by the | ||
other writing is $30,000 or more but less than $150,000; | ||
(6) a felony of the second degree if the difference | ||
between the impaired writing and the lesser price indicated by the | ||
other writing is $150,000 or more but less than $300,000; or | ||
(7) a felony of the first degree if the difference | ||
between the impaired writing and the lesser price indicated by the | ||
other writing 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 427 was passed by the House on April | ||
18, 2019, by the following vote: Yeas 132, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 427 was passed by the Senate on May | ||
15, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |