82R2169 PEP-F
By: Harless, Fletcher, Riddle H.B. No. 305
A BILL TO BE ENTITLED
AN ACT
relating to the punishment prescribed for 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:
(1) [(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
(2) [(B)] the vehicle or part of the vehicle broken
into or entered is a rail car.
SECTION 2. Sections 3(h) and 4(f), Article 42.12, Code of
Criminal Procedure, are repealed.
SECTION 3. 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 when 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 4. This Act takes effect September 1, 2011.