Texas Penal Code - PENAL § 28.08. Graffiti

(1) paint;

(2) an indelible marker;  or

(3) an etching or engraving device.

(1) a Class C misdemeanor if the amount of pecuniary loss is less than $100;

(2) a Class B misdemeanor if the amount of pecuniary loss is $100 or more but less than $750;

(3) a Class A misdemeanor if the amount of pecuniary loss is $750 or more but less than $2,500;

(4) a state jail felony if the amount of pecuniary loss is $2,500 or more but less than $30,000;

(5) a felony of the third degree if the amount of pecuniary loss is $30,000 or more but less than $150,000;

(6) a felony of the second degree if the amount of pecuniary loss is $150,000 or more but less than $300,000;  or

(7) a felony of the first degree if the amount of pecuniary loss is $300,000 or more.

(1) the marking is made on a school, an institution of higher education, a place of worship or human burial, a public monument, or a community center that provides medical, social, or educational programs;  and

(2) the amount of the pecuniary loss to real property or to tangible personal property is $750 or more but less than $30,000.

(1) “Aerosol paint” means an aerosolized paint product.

(2) “Etching or engraving device” means a device that makes a delineation or impression on tangible property, regardless of the manufacturer's intended use for that device.

(3) “Indelible marker” means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.

(4) “Institution of higher education” has the meaning assigned by Section 481.134, Health and Safety Code.

(5) “School” means a private or public elementary or secondary school.