By: Ortiz, Jr. H.B. No. 4537
A BILL TO BE ENTITLED
AN ACT
relating to the consequences of certain offenses involving the
burglary of a vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.04(d), Penal Code, is amended to read
as follows:
(d) An offense under this section is a Class A misdemeanor,
except that:
(1) [the offense is a Class A misdemeanor with
a minimum term of confinement of six months if it is shown on the
trial of the offense that the defendant has been previously
convicted of an offense under this section; and
[(2)] the offense is a state jail felony if:
(A) it is shown on the trial of the offense that
the defendant has been previously convicted [two or more times] of
an offense under this section; or
(B) the vehicle or part of the vehicle broken
into or entered is a rail car.
SECTION 2. This Act takes effect September 1, 2009.