Sec. 28.06. AMOUNT OF PECUNIARY LOSS. (a) The amount of pecuniary loss under this chapter, if the property is destroyed, is:
(1) the fair market value of the property at the time and place of the destruction; or
(2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the destruction.
(b) The amount of pecuniary loss under this chapter, if the property is damaged, is the cost of repairing or restoring the damaged property within a reasonable time after the damage occurred.
(c) The amount of pecuniary loss under this chapter for documents, other than those having a readily ascertainable market value, is:
(1) the amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or
(2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of the destruction or damage if the document is other than evidence of a debt.
(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 but less than $2,500.
(e) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property involved, the value of the interest so proven shall be deducted from:
(1) the amount of pecuniary loss if the property is destroyed; or
(2) the amount of pecuniary loss to the extent of an amount equal to the ratio the value of the interest bears to the total value of the property, if the property is damaged.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1983, 68th Leg., p. 2918, ch. 497, Sec. 2, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1251 (H.B. 1396), Sec. 6, eff. September 1, 2015.
Notes of Decisions
Cited in
52
cases (
4 in the last 5 years), 1984–2025 · leading case:
Espinoza v. State, 955 S.W.2d 108 (Tex. App.—Waco 1997).
Espinoza v. State, 955 S.W.2d 108 (Tex. App.—Waco 1997).
· cites it 6× “TEX. PEN.CODE ANN. § 28.06 (Vernon 1994).”
Lackey v. State, 290 S.W.3d 912 (Tex. App.—Texarkana 2009).
· cites it 4× “Tex. Penal Code Ann. § 28.06 (a)(2). Finally, if the property is not destroyed but is merely damaged, the pecuniary loss is the cost of repairing or restoring the property.”
Campbell v. State, 426 S.W.3d 780 (Tex. Crim. App. 2014).
· cites it 2× “” Campbell, 2013 WL 2146444 , at *1 (citing Tex. Penal Code § 28.06(a)). However, the court of appeals failed to acknowledge Sullivan, 701 S.”
Nixon v. State, 937 S.W.2d 610 (Tex. App.—Houston [1st Dist.] 1996).
· cites it 4× “We hold the trial court abused its discretion in admitting Walker’s testimony.”
Adams v. State, 222 S.W.3d 37 (Tex. App.—Austin 2007).
“See Tex. Pen.Code Ann. § 28.06(a), (b); Moreno, 961 S.”
Rivera v. State, 885 S.W.2d 581 (Tex. App.—El Paso 1994).
· cites it 3× “Determination of the amount of pecuniary loss is governed by Tex.Penal Code Ann. § 28.06 (Vernon 1994), 1 which provides: (a) The amount of pecuniary loss under this chapter, if the property is destroyed, is: *584 (1) the fair market value of the property at the time and place…”
Reasor v. State, 281 S.W.3d 129 (Tex. App.—San Antonio 2009).
“” Tex. Penal Code Ann. § 28.06 (b) (Vernon 2003).”
Barnes v. State, 248 S.W.3d 217 (Tex. App.—Houston [1st Dist.] 2007).
“Tex. Pen.Code Ann. § 28.06(b). In accordance with section 28.”
Sepulveda v. State, 751 S.W.2d 667 (Tex. App.—Corpus Christi 1988).
· cites it 2× “See Tex.Penal Code Ann. § 28.06(a), (b) (Vernon 1974).”
Kinkade v. State, 787 S.W.2d 507 (Tex. App.—Houston [1st Dist.] 1990).
· cites it 2× “Tex. Penal Code Ann. § 28.06 (Vernon 1989) (emphasis added).”
Barbara Holz v. State, 418 S.W.3d 651 (Tex. App.—Texarkana 2009).
· cites it 2× “Tex. Penal Code Ann. § 28.06 (a) (Vernon 2003).”
Tex. Penal Code § 28.06(a): 10 cases
Adams v. State, 222 S.W.3d 37 (Tex. App.—Austin 2007).
“See Tex. Pen.Code Ann. § 28.06(a), (b); Moreno, 961 S.”
Campbell v. State, 426 S.W.3d 780 (Tex. Crim. App. 2014).
“” Campbell, 2013 WL 2146444 , at *1 (citing Tex. Penal Code § 28.06(a)). However, the court of appeals failed to acknowledge Sullivan, 701 S.”
Sepulveda v. State, 751 S.W.2d 667 (Tex. App.—Corpus Christi 1988).
“See Tex.Penal Code Ann. § 28.06(a), (b) (Vernon 1974).”
Tex. Penal Code § 28.06(a)(1): 8 cases
Espinoza v. State, 955 S.W.2d 108 (Tex. App.—Waco 1997).
“TEX. PEN.CODE ANN. § 28.06 (Vernon 1994).”
Lackey v. State, 290 S.W.3d 912 (Tex. App.—Texarkana 2009).
“Tex. Penal Code Ann. § 28.06 (a)(2). Finally, if the property is not destroyed but is merely damaged, the pecuniary loss is the cost of repairing or restoring the property.”
Rivera v. State, 885 S.W.2d 581 (Tex. App.—El Paso 1994).
“Determination of the amount of pecuniary loss is governed by Tex.Penal Code Ann. § 28.06 (Vernon 1994), 1 which provides: (a) The amount of pecuniary loss under this chapter, if the property is destroyed, is: *584 (1) the fair market value of the property at the time and place…”
Tex. Penal Code § 28.06(a)(2): 1 case
Tex. Penal Code § 28.06(a)(l): 1 case
Campbell v. State, 426 S.W.3d 780 (Tex. Crim. App. 2014).
“” Campbell, 2013 WL 2146444 , at *1 (citing Tex. Penal Code § 28.06(a)). However, the court of appeals failed to acknowledge Sullivan, 701 S.”
Tex. Penal Code § 28.06(b): 10 cases
Espinoza v. State, 955 S.W.2d 108 (Tex. App.—Waco 1997).
“TEX. PEN.CODE ANN. § 28.06 (Vernon 1994).”
Barnes v. State, 248 S.W.3d 217 (Tex. App.—Houston [1st Dist.] 2007).
“Tex. Pen.Code Ann. § 28.06(b). In accordance with section 28.”
Nixon v. State, 937 S.W.2d 610 (Tex. App.—Houston [1st Dist.] 1996).
“We hold the trial court abused its discretion in admitting Walker’s testimony.”
Sepulveda v. State, 751 S.W.2d 667 (Tex. App.—Corpus Christi 1988).
“See Tex.Penal Code Ann. § 28.06(a), (b) (Vernon 1974).”
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