Texas 2023 - 88th Regular

Texas House Bill HB1402 Compare Versions

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Version 2 (New)

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1	1	88R3659 JRR-D
2	2	By: Moody H.B. No. 1402
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal penalties for certain criminal offenses.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 502.001(c), Business & Commerce Code, is
10	10	amended to read as follows:
11	11	(c) A restaurant or bar owner shall display in a prominent
12	12	place on the premises of the restaurant or bar a sign stating in
13	13	letters at least one-half inch high: "UNDER SECTION 32.51, PENAL
14	14	CODE, IT IS A [STATE JAIL] FELONY OF THE FOURTH DEGREE (PUNISHABLE
15	15	BY IMPRISONMENT IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
16	16	[CONFINEMENT IN A STATE JAIL] FOR NOT MORE THAN TWO YEARS) TO
17	17	OBTAIN, POSSESS, TRANSFER, OR USE A CUSTOMER'S DEBIT CARD OR CREDIT
18	18	CARD NUMBER WITHOUT THE CUSTOMER'S CONSENT OR EFFECTIVE CONSENT."
19	19	SECTION 2. Section 101.029, Civil Practice and Remedies
20	20	Code, is amended to read as follows:
21	21	Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON
22	22	INMATES. (a) The Texas Department of Criminal Justice is liable
23	23	for property damage, personal injury, and death proximately caused
24	24	by the wrongful act or omission or the negligence of an inmate [or
25	25	state jail defendant] housed in a facility operated by the
26	26	department if:
27	27	(1) the property damage, personal injury, or death
28	28	arises from the operation or use of a motor-driven vehicle or
29	29	motor-driven equipment;
30	30	(2) the inmate [or defendant] would be personally
31	31	liable to the claimant for the property damage, personal injury, or
32	32	death according to Texas law were the inmate [or defendant] a
33	33	private person acting in similar circumstances; and
34	34	(3) the act, omission, or negligence was committed by
35	35	the inmate [or defendant] acting in the course and scope of a task
36	36	or activity that:
37	37	(A) the inmate [or defendant] performed at the
38	38	request of an employee of the department; and
39	39	(B) the inmate [or defendant] performed under the
40	40	control or supervision of the department.
41	41	(b) A claimant may not name the inmate [or state jail
42	42	defendant] whose act or omission gave rise to the claim as a
43	43	codefendant in an action brought under this section.
44	44	(c) A judgment in an action or a settlement of a claim
45	45	against the Texas Department of Criminal Justice under this section
46	46	bars any action involving the same subject matter by the claimant
47	47	against the inmate [or state jail defendant] whose act or omission
48	48	gave rise to the claim. A judgment in an action or a settlement of a
49	49	claim against an inmate [or state jail defendant] bars any action
50	50	involving the same subject matter by the claimant against the Texas
51	51	Department of Criminal Justice under this section.
52	52	(d) This section does not apply to property damage, personal
53	53	injury, or death sustained by an inmate [or state jail defendant].
54	54	SECTION 3. Article 42A.056, Code of Criminal Procedure, is
55	55	amended to read as follows:
56	56	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
57	57	SUPERVISION. A defendant is not eligible for community supervision
58	58	under Article 42A.055 if the defendant:
59	59	(1) is sentenced to a term of imprisonment that
60	60	exceeds 10 years;
61	61	(2) [is convicted of a state jail felony for which
62	62	suspension of the imposition of the sentence occurs automatically
63	63	under Article 42A.551;
64	64	[(3)] is adjudged guilty of an offense under Section
65	65	19.02, Penal Code;
66	66	(3) [(4)] is convicted of an offense under Section
67	67	21.11, 22.011, or 22.021, Penal Code, if the victim of the offense
68	68	was younger than 14 years of age at the time the offense was
69	69	committed;
70	70	(4) [(5)] is convicted of an offense under Section
71	71	20.04, Penal Code, if:
72	72	(A) the victim of the offense was younger than 14
73	73	years of age at the time the offense was committed; and
74	74	(B) the actor committed the offense with the
75	75	intent to violate or abuse the victim sexually;
76	76	(5) [(6)] is convicted of an offense under Section
77	77	20A.02, 20A.03, 43.04, 43.05, or 43.25, Penal Code;
78	78	(6) [(7)] is convicted of an offense for which
79	79	punishment is increased under Section 481.134(c), (d), (e), or (f),
80	80	Health and Safety Code, if it is shown that the defendant has been
81	81	previously convicted of an offense for which punishment was
82	82	increased under any of those subsections; or
83	83	(7) [(8)] is convicted of an offense under Section
84	84	481.1123, Health and Safety Code, if the offense is punishable
85	85	under Subsection (d), (e), or (f) of that section.
86	86	SECTION 4. Articles 42A.515(a) and (c), Code of Criminal
87	87	Procedure, are amended to read as follows:
88	88	(a) Except as provided by Subsection (e), on a defendant's
89	89	conviction of a Class A or B misdemeanor under Section 43.02(a),
90	90	Penal Code, the judge shall suspend imposition of the sentence and
91	91	place the defendant on community supervision.
92	92	(c) A judge who places a defendant on community supervision
93	93	under Subsection (a) [or (b)] shall require as a condition of
94	94	community supervision that the defendant participate in a
95	95	commercially sexually exploited persons court program established
96	96	under Chapter 126, Government Code, if a program has been
97	97	established for the county or municipality where the defendant
98	98	resides. Sections 126.002(b) and (c), Government Code, do not apply
99	99	with respect to a defendant required to participate in the court
100	100	program under this subsection.
101	101	SECTION 5. Article 56A.552, Code of Criminal Procedure, is
102	102	amended to read as follows:
103	103	Art. 56A.552. NOTIFICATION OF VICTIM. The department shall
104	104	immediately notify the victim of an offense, the victim's guardian,
105	105	or the victim's close relative if the victim is deceased, if the
106	106	victim, victim's guardian, or victim's close relative has notified
107	107	the department as provided by Article 56A.554, when the defendant:
108	108	(1) escapes from a facility operated by the department
109	109	for the imprisonment of individuals convicted of felonies [other
110	110	than state jail felonies]; or
111	111	(2) is transferred from the custody of a facility
112	112	described by Subdivision (1) to the custody of a peace officer under
113	113	a writ of attachment or a bench warrant.
114	114	SECTION 6. Article 56A.553, Code of Criminal Procedure, is
115	115	amended to read as follows:
116	116	Art. 56A.553. NOTIFICATION OF WITNESS. The department
117	117	shall immediately notify a witness who testified against a
118	118	defendant at the trial for the offense for which the defendant is
119	119	imprisoned, the witness's guardian, or the witness's close
120	120	relative, if the witness, witness's guardian, or witness's close
121	121	relative has notified the department as provided by Article
122	122	56A.554, when the defendant:
123	123	(1) escapes from a facility operated by the department
124	124	for the imprisonment of individuals convicted of felonies [other
125	125	than state jail felonies]; or
126	126	(2) is transferred from the custody of a facility
127	127	described by Subdivision (1) to the custody of a peace officer under
128	128	a writ of attachment or a bench warrant.
129	129	SECTION 7. Article 58.106, Code of Criminal Procedure, is
130	130	amended to read as follows:
131	131	Art. 58.106. DISCLOSURE OF INFORMATION OF CONFINED VICTIM.
132	132	This subchapter does not prohibit the inspector general of the
133	133	Texas Department of Criminal Justice from disclosing a victim's
134	134	identifying information to an employee of the department or the
135	135	department's ombudsperson if the victim is an inmate [or state jail
136	136	defendant] confined in a facility operated by or under contract
137	137	with the department.
138	138	SECTION 8. Article 58.107(d), Code of Criminal Procedure,
139	139	is amended to read as follows:
140	140	(d) It is an exception to the application of this article
141	141	that:
142	142	(1) the person who discloses the name, address, or
143	143	telephone number of a victim is the inspector general of the Texas
144	144	Department of Criminal Justice;
145	145	(2) the victim is an inmate [or state jail defendant]
146	146	confined in a facility operated by or under contract with the
147	147	department; and
148	148	(3) the person to whom the disclosure is made is an
149	149	employee of the department or the department's ombudsperson.
150	150	SECTION 9. Section 25.1332(a), Government Code, is amended
151	151	to read as follows:
152	152	(a) In addition to the jurisdiction provided by Section
153	153	25.0003 and other law, a county court at law in Kendall County has:
154	154	(1) concurrent jurisdiction with the district court in
155	155	fourth degree [state jail], third degree, and second degree felony
156	156	cases on assignment from a district judge presiding in Kendall
157	157	County and acceptance of the assignment by the judge of the county
158	158	court at law to:
159	159	(A) conduct arraignments;
160	160	(B) conduct pretrial hearings;
161	161	(C) accept guilty pleas and conduct sentencing;
162	162	(D) conduct jury trials and nonjury trials;
163	163	(E) conduct probation revocation hearings;
164	164	(F) conduct post-trial proceedings; and
165	165	(G) conduct family law cases and proceedings; and
166	166	(2) jurisdiction in:
167	167	(A) Class A and Class B misdemeanor cases;
168	168	(B) probate proceedings;
169	169	(C) disputes ancillary to probate, eminent
170	170	domain, condemnation, or landlord and tenant matters relating to
171	171	the adjudication and determination of land titles and trusts,
172	172	whether testamentary, inter vivos, constructive, resulting, or any
173	173	other class or type of trust, regardless of the amount in
174	174	controversy or the remedy sought;
175	175	(D) eminent domain; and
176	176	(E) appeals from the justice and municipal
177	177	courts.
178	178	SECTION 10. Sections 76.010(a), (c), (d), (e), and (f),
179	179	Government Code, are amended to read as follows:
180	180	(a) In this section, "community [:
181	181	[(1) "Community] corrections facility" has the
182	182	meaning assigned by Section 509.001.
183	183	[(2) "State jail felony facility" means a facility
184	184	operated or contracted for by the Texas Department of Criminal
185	185	Justice under Subchapter A, Chapter 507, for the confinement of
186	186	individuals convicted of state jail felonies.]
187	187	(c) The department may authorize expenditures of funds
188	188	provided by the division to the department for the purposes of
189	189	providing facilities, equipment, and utilities for community
190	190	corrections facilities [or state jail felony facilities] if:
191	191	(1) the judges described by Section 76.002 recommend
192	192	the expenditures; and
193	193	(2) the division[, or the correctional institutions
194	194	division of the Texas Department of Criminal Justice in the case of
195	195	a state jail felony facility,] provides funds for the purpose of
196	196	assisting in the establishment or improvement of the facilities.
197	197	(d) A department may acquire, hold title to, and own real
198	198	property for the purpose of establishing a community corrections
199	199	facility [or a state jail felony facility].
200	200	(e) A department, county, municipality, or a combination
201	201	involving more than one of those entities may not use a facility or
202	202	real property purchased, acquired, or improved with state funds
203	203	unless the division[, or the correctional institutions division of
204	204	the Texas Department of Criminal Justice in the case of a state jail
205	205	felony facility,] first approves the use.
206	206	(f) The division [or the correctional institutions division
207	207	of the Texas Department of Criminal Justice, in the case of a state
208	208	jail felony facility,] is entitled to reimbursement from an entity
209	209	described by Subsection (e) of all state funds used by the entity
210	210	without the approval required by Subsection (e).
211	211	SECTION 11. Section 411.172(b), Government Code, is amended
212	212	to read as follows:
213	213	(b) For the purposes of this section, an offense under the
214	214	laws of this state, another state, or the United States is:
215	215	(1) except as provided by Subsection (b-1), a felony
216	216	if the offense, at the time the offense is committed:
217	217	(A) is designated by a law of this state as a
218	218	felony;
219	219	(B) contains all the elements of an offense
220	220	designated by a law of this state as a felony; or
221	221	(C) is punishable by confinement for one year or
222	222	more in a penitentiary; and
223	223	(2) a Class A misdemeanor if the offense is not a
224	224	felony and confinement in a jail [other than a state jail felony
225	225	facility] is affixed as a possible punishment.
226	226	SECTION 12. Section 493.002(a), Government Code, is amended
227	227	to read as follows:
228	228	(a) The following divisions are within the department:
229	229	(1) the community justice assistance division;
230	230	(2) the institutional division;
231	231	(3) the pardons and paroles division;
232	232	(4) [the state jail division;
233	233	[(5)] the internal audit division; and
234	234	(5) [(6)] the programs and services division.
235	235	SECTION 13. Section 493.0021(a), Government Code, is
236	236	amended to read as follows:
237	237	(a) Notwithstanding Sections 493.002, 493.003, 493.004,
238	238	493.005, [493.0051,] 493.0052, [as added by Chapter 1360, Acts of
239	239	the 75th Legislature, Regular Session, 1997,] and 493.0053
240	240	[493.0052, as added by Chapter 490, Acts of the 75th Legislature,
241	241	Regular Session, 1997], the executive director, with the approval
242	242	of the board, may:
243	243	(1) create divisions in addition to those listed in
244	244	Section 493.002 and assign to the newly created divisions any
245	245	duties and powers imposed on or granted to an existing division or
246	246	to the department generally;
247	247	(2) eliminate any division listed in Section 493.002
248	248	or created under this section and assign any duties or powers
249	249	previously assigned to the eliminated division to another division
250	250	listed in Section 493.002 or created under this section; or
251	251	(3) eliminate all divisions listed in Section 493.002
252	252	or created under this section and reorganize the distribution of
253	253	powers and duties granted to or imposed on a division in any manner
254	254	the executive director determines is best for the proper
255	255	administration of the department.
256	256	SECTION 14. Chapter 493, Government Code, is amended by
257	257	adding Section 493.0095 to read as follows:
258	258	Sec. 493.0095. USE OF FORMER STATE JAIL FELONY FACILITIES.
259	259	Notwithstanding any other law, the department may use a state jail
260	260	felony facility established under former Chapter 507 for any
261	261	purpose the department determines appropriate, including the
262	262	confinement of inmates serving a sentence for a felony of the fourth
263	263	degree.
264	264	SECTION 15. Section 493.015(b), Government Code, is amended
265	265	to read as follows:
266	266	(b) The department shall identify those inmates who are
267	267	imprisoned in the institutional division or confined in a substance
268	268	abuse treatment facility[, a state jail felony facility,] or a
269	269	county jail awaiting transfer to the institutional division and for
270	270	whom the department is unable to reasonably ascertain whether or
271	271	not the person is an illegal criminal alien.
272	272	SECTION 16. Section 493.033(a), Government Code, is amended
273	273	to read as follows:
274	274	(a) The department shall adopt a policy to increase the
275	275	availability of formal and informal peer support services,
276	276	including certified peer specialist services, to a person confined
277	277	in a facility operated by or under contract with the department,
278	278	including a [state jail felony facility,] substance abuse felony
279	279	punishment facility and[, or] intermediate sanction facility.
280	280	SECTION 17. Section 493.034, Government Code, is amended to
281	281	read as follows:
282	282	Sec. 493.034. EDUCATIONAL AND VOCATIONAL TRAINING PILOT
283	283	PROGRAM. (a) The department shall establish a pilot program to
284	284	provide educational and vocational training, employment, and
285	285	reentry services to[:
286	286	[(1) defendants placed on community supervision under
287	287	Article 42A.562, Code of Criminal Procedure; and
288	288	[(2)] inmates released on parole who are required to
289	289	participate in the program as a condition of parole imposed under
290	290	Section 508.1455.
291	291	(b) The department, in consultation with interested
292	292	parties, shall determine the eligibility criteria for an [a
293	293	defendant or] inmate to participate in the pilot program, including
294	294	requiring the [defendant or] inmate to arrange for suitable housing
295	295	while participating in the program.
296	296	(c) The department, in consultation with interested
297	297	parties, shall identify at least two and not more than four sites in
298	298	this state in which the pilot program will operate. In identifying
299	299	the sites, the department shall consider locating the program in
300	300	various regions throughout the state, including locations having a
301	301	variety of population sizes, provided that the department shall
302	302	select sites based on where the program will have the greatest
303	303	likelihood of success and regardless of geographic region or
304	304	population size. [The department shall also give consideration to
305	305	whether a risk and needs assessment is generally conducted before
306	306	sentencing defendants in a particular location and to the degree to
307	307	which local judges show support for the establishment of the
308	308	program in a particular location.]
309	309	(d) The department shall issue a request for proposals from
310	310	public or private entities to provide services through the pilot
311	311	program. The department shall select one or more qualified
312	312	applicants to provide services through the program to eligible
313	313	[defendants and] inmates.
314	314	(e) The pilot program consists of approximately 180 days of
315	315	employment-related services and support and must include:
316	316	(1) an initial period during which the [defendant or]
317	317	inmate will:
318	318	(A) receive training and education related to the
319	319	[defendant's or] inmate's vocational goals; and
320	320	(B) be employed by the provider;
321	321	(2) job placement services designed to provide
322	322	employment for the [defendant or] inmate after the period described
323	323	by Subdivision (1);
324	324	(3) assistance in obtaining a high school diploma or
325	325	industry certification for applicable [defendants and] inmates;
326	326	(4) life-skills training, including information about
327	327	budgeting and money management; and
328	328	(5) counseling and mental health services.
329	329	(f) The department shall limit the number of [defendants
330	330	and] inmates who may participate in the pilot program to not more
331	331	than 45 individuals per quarter per program location.
332	332	(g) The department shall pay providers not less than $40 per
333	333	day for each participant.
334	334	SECTION 18. Section 496.007, Government Code, is amended to
335	335	read as follows:
336	336	Sec. 496.007. LOCATION OF NEW FACILITIES. In determining
337	337	the location of a facility to be built, the department, in
338	338	evaluating the advantages and disadvantages of the proposed
339	339	location, shall consider whether the proposed location is:
340	340	(1) close enough to a county with 100,000 or more
341	341	inhabitants to provide access to services and other resources
342	342	provided in such a county;
343	343	(2) cost-effective with respect to its proximity to
344	344	other facilities of the department;
345	345	(3) close to an area that would facilitate release of
346	346	inmates [or persons confined in state jail felony facilities] to
347	347	their area of residence; and
348	348	(4) close to an area that provides adequate
349	349	educational opportunities and medical care.
350	350	SECTION 19. Section 497.010(d), Government Code, is amended
351	351	to read as follows:
352	352	(d) It is an exception to the application of this section
353	353	that the actor was an inmate [or state jail defendant] confined in a
354	354	facility operated by or under contract with the department who sold
355	355	or offered to sell an art or craft in the manner authorized under
356	356	Section 501.013(b).
357	357	SECTION 20. Section 497.094(b), Government Code, is amended
358	358	to read as follows:
359	359	(b) The department and the Texas Workforce Investment
360	360	Council by rule shall adopt a memorandum of understanding that
361	361	establishes the respective responsibility of those entities to
362	362	provide through local workforce development boards job training and
363	363	employment assistance to persons formerly sentenced to the
364	364	institutional division [or the state jail division] and information
365	365	on services available to employers or potential employers of those
366	366	persons. The department shall coordinate the development of the
367	367	memorandum of understanding.
368	368	SECTION 21. Section 501.015(f), Government Code, is amended
369	369	to read as follows:
370	370	(f) Subsection (a)(3) does not apply to an inmate [who on
371	371	discharge or release on parole, mandatory supervision, or
372	372	conditional pardon is transferred from the custody of the
373	373	institutional division to a state jail felony facility or] who is
374	374	subject to a felony detainer and is released to the custody of
375	375	another jurisdiction.
376	376	SECTION 22. Section 501.054(g), Government Code, is amended
377	377	to read as follows:
378	378	(g) The department shall maintain the confidentiality of
379	379	test results of an inmate indicating HIV infection at all times,
380	380	including after the inmate's discharge[, release from a state
381	381	jail,] or release on parole or mandatory supervision. The
382	382	department may not honor the request of an agency of the state or
383	383	any person who requests a test result as a condition of housing or
384	384	supervising the inmate while the inmate is on community supervision
385	385	or parole or mandatory supervision, unless honoring the request
386	386	would improve the ability of the inmate to obtain essential health
387	387	and social services.
388	388	SECTION 23. Section 501.091, Government Code, as added by
389	389	Chapter 643 (H.B. 1711), Acts of the 81st Legislature, Regular
390	390	Session, 2009, is reenacted and amended to read as follows:
391	391	Sec. 501.091. DEFINITIONS. In this subchapter:
392	392	(1) "Correctional facility" means a facility operated
393	393	by or under contract with the department.
394	394	(2) "Offender" means an inmate [or state jail
395	395	defendant] confined in a correctional facility.
396	396	SECTION 24. Section 501.171(2), Government Code, is amended
397	397	to read as follows:
398	398	(2) "Inmate" means an inmate [or state jail defendant]
399	399	confined in a facility operated by or under contract with the
400	400	department.
401	401	SECTION 25. Section 1232.114(b), Government Code, is
402	402	amended to read as follows:
403	403	(b) This section does not apply to a minor renovation,
404	404	repair, or construction project at a facility operated by the Texas
405	405	Department of Criminal Justice for the imprisonment of individuals
406	406	convicted of felonies [other than state jail felonies], as defined
407	407	by the department in cooperation with the commission. Instead of
408	408	submitting a project analysis, the department may substitute the
409	409	master plan required to be submitted by Section 1401.121 if the
410	410	master plan contains information substantially equivalent to the
411	411	information required to be in a project analysis under Sections
412	412	2166.151-2166.155.
413	413	SECTION 26. Section 2166.003(b), Government Code, is
414	414	amended to read as follows:
415	415	(b) Only Sections 2166.151, 2166.152, 2166.153, 2166.154,
416	416	2166.155, 2166.251, and 2166.252 and Subchapter H apply to a
417	417	construction project undertaken by or for the Texas Department of
418	418	Criminal Justice for the imprisonment of individuals convicted of
419	419	felonies [other than state jail felonies].
420	420	SECTION 27. Section 2303.402(c), Government Code, is
421	421	amended to read as follows:
422	422	(c) For the purposes of this section, an economically
423	423	disadvantaged individual is an individual who:
424	424	(1) was unemployed for at least three months before
425	425	obtaining employment with the qualified business;
426	426	(2) receives public assistance benefits, including
427	427	welfare payments or food stamps, based on need and intended to
428	428	alleviate poverty;
429	429	(3) is a low-income individual, as defined by Section
430	430	101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25));
431	431	(4) is an individual with a disability, as defined
432	432	by 29 U.S.C. Section 705(20)(A);
433	433	(5) is an inmate, as defined by Section 498.001;
434	434	(6) is entering the workplace after being confined in
435	435	a facility operated by or under contract with the Texas Department
436	436	of Criminal Justice for the imprisonment of individuals convicted
437	437	of felonies [other than state jail felonies];
438	438	(7) has been released by the Texas Juvenile Justice
439	439	Department and is on parole, if state law provides for such a person
440	440	to be on parole;
441	441	(8) meets the current low income or moderate income
442	442	limits developed under Section 8, United States Housing Act of 1937
443	443	(42 U.S.C. Section 1437f et seq.); or
444	444	(9) was under the permanent managing conservatorship
445	445	of the Department of Family and Protective Services on the day
446	446	preceding the individual's 18th birthday.
447	447	SECTION 28. Section 481.115(b), Health and Safety Code, is
448	448	amended to read as follows:
449	449	(b) An offense under Subsection (a) is a Class A misdemeanor
450	450	[state jail felony] if the amount of the controlled substance
451	451	possessed is, by aggregate weight, including adulterants or
452	452	dilutants, less than one gram.
453	453	SECTION 29. Section 481.1151(b), Health and Safety Code, is
454	454	amended to read as follows:
455	455	(b) An offense under this section is:
456	456	(1) a Class A misdemeanor [state jail felony] if the
457	457	number of abuse units of the controlled substance is fewer than 20;
458	458	(2) a felony of the third degree if the number of abuse
459	459	units of the controlled substance is 20 or more but fewer than 80;
460	460	(3) a felony of the second degree if the number of
461	461	abuse units of the controlled substance is 80 or more but fewer than
462	462	4,000;
463	463	(4) a felony of the first degree if the number of abuse
464	464	units of the controlled substance is 4,000 or more but fewer than
465	465	8,000; and
466	466	(5) punishable by imprisonment in the Texas Department
467	467	of Criminal Justice for life or for a term of not more than 99 years
468	468	or less than 15 years and a fine not to exceed $250,000, if the
469	469	number of abuse units of the controlled substance is 8,000 or more.
470	470	SECTION 30. Section 481.116(b), Health and Safety Code, is
471	471	amended to read as follows:
472	472	(b) An offense under Subsection (a) is a Class A misdemeanor
473	473	[state jail felony] if the amount of the controlled substance
474	474	possessed is, by aggregate weight, including adulterants or
475	475	dilutants, less than one gram.
476	476	SECTION 31. Section 481.1161(b), Health and Safety Code, is
477	477	amended to read as follows:
478	478	(b) An offense under this section is:
479	479	(1) a Class B misdemeanor if the amount of the
480	480	controlled substance possessed is, by aggregate weight, including
481	481	adulterants or dilutants, four [two] ounces or less;
482	482	(2) [a Class A misdemeanor if the amount of the
483	483	controlled substance possessed is, by aggregate weight, including
484	484	adulterants or dilutants, four ounces or less but more than two
485	485	ounces;
486	486	[(3)] a Class A misdemeanor [state jail felony] if the
487	487	amount of the controlled substance possessed is, by aggregate
488	488	weight, including adulterants or dilutants, five pounds or less but
489	489	more than four ounces;
490	490	(3) [(4)] a felony of the third degree if the amount of
491	491	the controlled substance possessed is, by aggregate weight,
492	492	including adulterants or dilutants, 50 pounds or less but more than
493	493	5 pounds;
494	494	(4) [(5)] a felony of the second degree if the amount
495	495	of the controlled substance possessed is, by aggregate weight,
496	496	including adulterants or dilutants, 2,000 pounds or less but more
497	497	than 50 pounds; and
498	498	(5) [(6)] punishable by imprisonment in the Texas
499	499	Department of Criminal Justice for life or for a term of not more
500	500	than 99 years or less than 5 years, and a fine not to exceed $50,000,
501	501	if the amount of the controlled substance possessed is, by
502	502	aggregate weight, including adulterants or dilutants, more than
503	503	2,000 pounds.
504	504	SECTION 32. Section 481.121(b), Health and Safety Code, is
505	505	amended to read as follows:
506	506	(b) An offense under Subsection (a) is:
507	507	(1) a Class B misdemeanor if the amount of marihuana
508	508	possessed is four [two] ounces or less;
509	509	(2) [a Class A misdemeanor if the amount of marihuana
510	510	possessed is four ounces or less but more than two ounces;
511	511	[(3)] a Class A misdemeanor [state jail felony] if the
512	512	amount of marihuana possessed is five pounds or less but more than
513	513	four ounces;
514	514	(3) [(4)] a felony of the third degree if the amount of
515	515	marihuana possessed is 50 pounds or less but more than 5 pounds;
516	516	(4) [(5)] a felony of the second degree if the amount
517	517	of marihuana possessed is 2,000 pounds or less but more than 50
518	518	pounds; and
519	519	(5) [(6)] punishable by imprisonment in the Texas
520	520	Department of Criminal Justice for life or for a term of not more
521	521	than 99 years or less than 5 years, and a fine not to exceed $50,000,
522	522	if the amount of marihuana possessed is more than 2,000 pounds.
523	523	SECTION 33. Section 481.126(a), Health and Safety Code, is
524	524	amended to read as follows:
525	525	(a) A person commits an offense if the person:
526	526	(1) barters property or expends funds the person knows
527	527	are derived from the commission of an offense under this chapter
528	528	punishable by imprisonment in the Texas Department of Criminal
529	529	Justice for life;
530	530	(2) barters property or expends funds the person knows
531	531	are derived from the commission of an offense under Section
532	532	481.121(a) that is punishable under Section 481.121(b)(4)
533	533	[481.121(b)(5)];
534	534	(3) barters property or finances or invests funds the
535	535	person knows or believes are intended to further the commission of
536	536	an offense for which the punishment is described by Subdivision
537	537	(1); or
538	538	(4) barters property or finances or invests funds the
539	539	person knows or believes are intended to further the commission of
540	540	an offense under Section 481.121(a) that is punishable under
541	541	Section 481.121(b)(4) [481.121(b)(5)].
542	542	SECTION 34. Section 481.129(g), Health and Safety Code, is
543	543	amended to read as follows:
544	544	(g) An offense under Subsection (c)(2) is:
545	545	(1) a Class A misdemeanor [state jail felony] if the
546	546	defendant possesses:
547	547	(A) a prescription form; or
548	548	(B) a prescription for a controlled substance
549	549	listed in Schedule II or III; and
550	550	(2) a Class B misdemeanor if the defendant possesses a
551	551	prescription for a controlled substance listed in Schedule IV or V.
552	552	SECTION 35. Section 481.134(c), Health and Safety Code, as
553	553	amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the
554	554	87th Legislature, Regular Session, 2021, is reenacted and amended
555	555	to read as follows:
556	556	(c) The minimum term of confinement or imprisonment for an
557	557	offense otherwise punishable under Section 481.112(c), (d), (e), or
558	558	(f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f),
559	559	481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f),
560	560	481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
561	561	481.1161(b)(3), (4), or (5) [481.1161(b)(4), (5), or (6)],
562	562	481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
563	563	(5), or (6), or 481.121(b)(3), (4), or (5) [481.121(b)(4), (5), or
564	564	(6)] is increased by five years and the maximum fine for the offense
565	565	is doubled if it is shown on the trial of the offense that the
566	566	offense was committed:
567	567	(1) in, on, or within 1,000 feet of the premises of a
568	568	school, the premises of a public or private youth center, or a
569	569	playground;
570	570	(2) on a school bus; or
571	571	(3) by any unauthorized person 18 years of age or
572	572	older, in, on, or within 1,000 feet of premises owned, rented, or
573	573	leased by a general residential operation operating as a
574	574	residential treatment center.
575	575	SECTION 36. Sections 481.134(d) and (e), Health and Safety
576	576	Code, are amended to read as follows:
577	577	(d) An offense otherwise punishable under Section
578	578	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), or
579	579	[481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),]
580	580	481.120(b)(3)[, or 481.121(b)(3)] is a felony of the third degree
581	581	if it is shown on the trial of the offense that the offense was
582	582	committed:
583	583	(1) in, on, or within 1,000 feet of any real property
584	584	that is owned, rented, or leased to a school or school board, the
585	585	premises of a public or private youth center, or a playground;
586	586	(2) on a school bus; or
587	587	(3) by any unauthorized person 18 years of age or
588	588	older, in, on, or within 1,000 feet of premises owned, rented, or
589	589	leased by a general residential operation operating as a
590	590	residential treatment center.
591	591	(e) An offense otherwise punishable under Section
592	592	481.115(b), 481.1151(b)(1), 481.116(b), 481.117(b), 481.119(a),
593	593	481.120(b)(2), or 481.121(b)(2) is a [state jail] felony of the
594	594	fourth degree if it is shown on the trial of the offense that the
595	595	offense was committed:
596	596	(1) in, on, or within 1,000 feet of any real property
597	597	that is owned, rented, or leased to a school or school board, the
598	598	premises of a public or private youth center, or a playground;
599	599	(2) on a school bus; or
600	600	(3) by any unauthorized person 18 years of age or
601	601	older, in, on, or within 1,000 feet of premises owned, rented, or
602	602	leased by a general residential operation operating as a
603	603	residential treatment center.
604	604	SECTION 37. Section 614.0032(a), Health and Safety Code, is
605	605	amended to read as follows:
606	606	(a) The office shall[:
607	607	[(1)] perform duties imposed on the office by Section
608	608	508.146, Government Code[; and
609	609	[(2) periodically identify state jail felony
610	610	defendants suitable for release under Article 42A.561, Code of
611	611	Criminal Procedure, and perform other duties imposed on the office
612	612	by that article].
613	613	SECTION 38. Section 306.007(b), Labor Code, is amended to
614	614	read as follows:
615	615	(b) The commission shall adopt a memorandum of
616	616	understanding with each of the following agencies that establishes
617	617	the respective responsibilities of the commission and the agencies
618	618	in providing information described by Subsection (a) to persons
619	619	formerly sentenced to the institutional division [or the state jail
620	620	division] of the Texas Department of Criminal Justice, to employers
621	621	or potential employers of those persons, and to local workforce
622	622	development boards:
623	623	(1) the Department of State Health Services;
624	624	(2) the Texas Department of Housing and Community
625	625	Affairs;
626	626	(3) the Texas Veterans Commission; and
627	627	(4) the Health and Human Services Commission.
628	628	SECTION 39. Section 244.006, Local Government Code, is
629	629	amended to read as follows:
630	630	Sec. 244.006. EXEMPTIONS. This subchapter does not apply
631	631	to the operation of a correctional or rehabilitation facility at a
632	632	location subject to this subchapter if:
633	633	(1) on September 1, 1997, the correctional or
634	634	rehabilitation facility was in operation, under construction,
635	635	under contract for operation or construction, or planned for
636	636	construction at the location on land owned or leased by an agency or
637	637	political subdivision of the state and designated for use as a
638	638	correctional or rehabilitation facility;
639	639	(2) the correctional or rehabilitation facility was in
640	640	operation or under construction before the establishment of a
641	641	residential area the location of which makes the facility subject
642	642	to this subchapter;
643	643	(3) the correctional or rehabilitation facility is a
644	644	temporary correctional or rehabilitation facility that will be
645	645	operated at the location for less than one year;
646	646	(4) the correctional or rehabilitation facility is
647	647	required to obtain a special use permit or a conditional use permit
648	648	from the municipality in which the facility is located before
649	649	beginning operation;
650	650	(5) the correctional or rehabilitation facility is an
651	651	expansion of a facility operated by the correctional institutions
652	652	division of the Texas Department of Criminal Justice for the
653	653	imprisonment of individuals convicted of felonies [other than state
654	654	jail felonies] or by the Texas Juvenile Justice Department;
655	655	(6) the correctional or rehabilitation facility is a
656	656	county jail or a pre-adjudication or post-adjudication juvenile
657	657	detention facility operated by a county or county juvenile board;
658	658	(7) the facility is:
659	659	(A) a juvenile probation office located at, and
660	660	operated in conjunction with, a juvenile justice alternative
661	661	education center; and
662	662	(B) used exclusively by students attending the
663	663	juvenile justice alternative education center;
664	664	(8) the facility is a public or private institution of
665	665	higher education or vocational training to which admission is open
666	666	to the general public;
667	667	(9) the facility is operated primarily as a treatment
668	668	facility for juveniles under contract with the Health and Human
669	669	Services Commission, [Department of Aging and Disability Services
670	670	or] the Department of State Health Services, a local intellectual
671	671	and developmental disability authority, or a local mental health
672	672	[or mental retardation] authority;
673	673	(10) the facility is operated as a juvenile justice
674	674	alternative education program;
675	675	(11) the facility:
676	676	(A) is not operated primarily as a correctional
677	677	or rehabilitation facility; and
678	678	(B) only houses persons or children described by
679	679	Section 244.001(1)(B) for a purpose related to treatment or
680	680	education; or
681	681	(12) the facility is a probation or parole office
682	682	located in a commercial use area.
683	683	SECTION 40. Section 331.010(b), Local Government Code, is
684	684	amended to read as follows:
685	685	(b) The governor and the Texas Board of Criminal Justice may
686	686	permit the use of state inmates [and defendants confined in state
687	687	jail felony facilities] for the improvement and maintenance of
688	688	parks acquired under this chapter under agreements made by the
689	689	Parks and Wildlife Department and the municipality or county.
690	690	SECTION 41. Section 12.4061, Parks and Wildlife Code, is
691	691	amended to read as follows:
692	692	Sec. 12.4061. PARKS AND WILDLIFE CODE FOURTH DEGREE [STATE
693	693	JAIL] FELONY. (a) An individual adjudged guilty of a Parks and
694	694	Wildlife Code [state jail] felony of the fourth degree shall be
695	695	punished by imprisonment in the Texas Department of Criminal
696	696	Justice [confinement in a state jail] for a term of not more than
697	697	two years or less than 180 days.
698	698	(b) In addition to imprisonment [confinement], an
699	699	individual adjudged guilty of a Parks and Wildlife Code [state
700	700	jail] felony of the fourth degree may be punished by a fine of not
701	701	less than $1,500 and not more than $10,000.
702	702	(c) For purposes of this code, "Parks and Wildlife Code
703	703	state jail felony" means a Parks and Wildlife Code felony of the
704	704	fourth degree.
705	705	SECTION 42. Section 76.118(e-1), Parks and Wildlife Code,
706	706	is amended to read as follows:
707	707	(e-1) If it is shown at the trial of a defendant for a
708	708	violation of Section 76.116 that the defendant has been convicted
709	709	once within five years before the trial date of a violation of
710	710	Section 76.116, the defendant is guilty of a Class A Parks and
711	711	Wildlife Code misdemeanor [state jail felony].
712	712	SECTION 43. Section 12.04, Penal Code, is amended to read as
713	713	follows:
714	714	Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are
715	715	classified according to the relative seriousness of the offense
716	716	into five categories:
717	717	(1) capital felonies;
718	718	(2) felonies of the first degree;
719	719	(3) felonies of the second degree;
720	720	(4) felonies of the third degree; and
721	721	(5) [state jail] felonies of the fourth degree.
722	722	(b) An offense designated a felony in this code without
723	723	specification as to category is a [state jail] felony of the fourth
724	724	degree.
725	725	(c) For purposes of this code and any other laws of this
726	726	state, "state jail felony" means a felony of the fourth degree.
727	727	(d) For purposes of enhancing a penalty under this code or
728	728	any other laws of this state:
729	729	(1) a person is considered to have been previously
730	730	convicted of a felony of the fourth degree if the person has a final
731	731	conviction for a state jail felony; and
732	732	(2) a person is considered to have previously received
733	733	a dismissal and discharge under Article 42A.111, Code of Criminal
734	734	Procedure, for a felony of the fourth degree if the person received
735	735	a dismissal and discharge under that article for a state jail
736	736	felony.
737	737	SECTION 44. Section 12.35, Penal Code, is amended to read as
738	738	follows:
739	739	Sec. 12.35. FOURTH DEGREE [STATE JAIL] FELONY PUNISHMENT.
740	740	(a) Except as provided by Subsection (c), an individual adjudged
741	741	guilty of a [state jail] felony of the fourth degree shall be
742	742	punished by imprisonment in the Texas Department of Criminal
743	743	Justice [confinement in a state jail] for any term of not more than
744	744	two years or less than 180 days.
745	745	(b) In addition to imprisonment [confinement], an
746	746	individual adjudged guilty of a [state jail] felony of the fourth
747	747	degree may be punished by a fine not to exceed $10,000.
748	748	(c) An individual adjudged guilty of a [state jail] felony
749	749	of the fourth degree shall be punished for a third degree felony if
750	750	it is shown on the trial of the offense that:
751	751	(1) a deadly weapon as defined by Section 1.07 was used
752	752	or exhibited during the commission of the offense or during
753	753	immediate flight following the commission of the offense, and that
754	754	the individual used or exhibited the deadly weapon or was a party to
755	755	the offense and knew that a deadly weapon would be used or
756	756	exhibited; or
757	757	(2) the individual has previously been finally
758	758	convicted of any felony:
759	759	(A) under Section 20A.03 or 21.02 or listed in
760	760	Article 42A.054(a), Code of Criminal Procedure; or
761	761	(B) for which the judgment contains an
762	762	affirmative finding under Article 42A.054(c) or (d), Code of
763	763	Criminal Procedure.
764	764	SECTION 45. Sections 12.42(a), (b), and (d), Penal Code,
765	765	are amended to read as follows:
766	766	(a) Except as provided by Subsection (c)(2), if it is shown
767	767	on the trial of a felony of the third degree that the defendant has
768	768	previously been finally convicted of a felony other than a [state
769	769	jail] felony of the fourth degree punishable under Section
770	770	12.35(a), on conviction the defendant shall be punished for a
771	771	felony of the second degree.
772	772	(b) Except as provided by Subsection (c)(2) or (c)(4), if it
773	773	is shown on the trial of a felony of the second degree that the
774	774	defendant has previously been finally convicted of a felony other
775	775	than a [state jail] felony of the fourth degree punishable under
776	776	Section 12.35(a), on conviction the defendant shall be punished for
777	777	a felony of the first degree.
778	778	(d) Except as provided by Subsection (c)(2) or (c)(4), if it
779	779	is shown on the trial of a felony offense other than a [state jail]
780	780	felony of the fourth degree punishable under Section 12.35(a) that
781	781	the defendant has previously been finally convicted of two felony
782	782	offenses, and the second previous felony conviction is for an
783	783	offense that occurred subsequent to the first previous conviction
784	784	having become final, on conviction the defendant shall be punished
785	785	by imprisonment in the Texas Department of Criminal Justice for
786	786	life, or for any term of not more than 99 years or less than 25
787	787	years. A previous conviction for a [state jail] felony of the fourth
788	788	degree punishable under Section 12.35(a) may not be used for
789	789	enhancement purposes under this subsection.
790	790	SECTION 46. Sections 12.42(c)(1) and (5), Penal Code, are
791	791	amended to read as follows:
792	792	(1) If it is shown on the trial of a felony of the first
793	793	degree that the defendant has previously been finally convicted of
794	794	a felony other than a [state jail] felony of the fourth degree
795	795	punishable under Section 12.35(a), on conviction the defendant
796	796	shall be punished by imprisonment in the Texas Department of
797	797	Criminal Justice for life, or for any term of not more than 99 years
798	798	or less than 15 years. In addition to imprisonment, an individual
799	799	may be punished by a fine not to exceed $10,000.
800	800	(5) A previous conviction for a [state jail] felony of
801	801	the fourth degree punishable under Section 12.35(a) may not be used
802	802	for enhancement purposes under Subdivision (2).
803	803	SECTION 47. Section 12.425, Penal Code, is amended to read
804	804	as follows:
805	805	Sec. 12.425. PENALTIES FOR REPEAT AND HABITUAL FELONY
806	806	OFFENDERS ON TRIAL FOR FOURTH DEGREE [STATE JAIL] FELONY. (a) If
807	807	it is shown on the trial of a [state jail] felony of the fourth
808	808	degree punishable under Section 12.35(a) that the defendant has
809	809	previously been finally convicted of two [state jail] felonies of
810	810	the fourth degree punishable under Section 12.35(a), on conviction
811	811	the defendant shall be punished for a felony of the third degree.
812	812	(b) If it is shown on the trial of a [state jail] felony of
813	813	the fourth degree punishable under Section 12.35(a) that the
814	814	defendant has previously been finally convicted of two felonies
815	815	other than a [state jail] felony of the fourth degree punishable
816	816	under Section 12.35(a), and the second previous felony conviction
817	817	is for an offense that occurred subsequent to the first previous
818	818	conviction having become final, on conviction the defendant shall
819	819	be punished for a felony of the second degree.
820	820	(c) If it is shown on the trial of a [state jail] felony of
821	821	the fourth degree for which punishment may be enhanced under
822	822	Section 12.35(c) that the defendant has previously been finally
823	823	convicted of a felony other than a [state jail] felony of the fourth
824	824	degree punishable under Section 12.35(a), on conviction the
825	825	defendant shall be punished for a felony of the second degree.
826	826	SECTION 48. Section 12.44, Penal Code, is amended to read as
827	827	follows:
828	828	Sec. 12.44. REDUCTION OF FOURTH DEGREE [STATE JAIL] FELONY
829	829	PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A court may punish a
830	830	defendant who is convicted of a [state jail] felony of the fourth
831	831	degree by imposing the confinement permissible as punishment for a
832	832	Class A misdemeanor if, after considering the gravity and
833	833	circumstances of the felony committed and the history, character,
834	834	and rehabilitative needs of the defendant, the court finds that
835	835	such punishment would best serve the ends of justice.
836	836	(b) At the request of the prosecuting attorney, the court
837	837	may authorize the prosecuting attorney to prosecute a [state jail]
838	838	felony of the fourth degree as a Class A misdemeanor.
839	839	SECTION 49. Section 22.11(b), Penal Code, is amended to
840	840	read as follows:
841	841	(b) An offense under this section is a Class A misdemeanor
842	842	[felony of the third degree].
843	843	SECTION 50. Section 31.03(e), Penal Code, is amended to
844	844	read as follows:
845	845	(e) Except as provided by Subsection (f), an offense under
846	846	this section is:
847	847	(1) a Class C misdemeanor if the value of the property
848	848	stolen is less than $100;
849	849	(2) a Class B misdemeanor if:
850	850	(A) the value of the property stolen is $100 or
851	851	more but less than $750;
852	852	(B) the value of the property stolen is less than
853	853	$100 and the defendant has previously been convicted of any grade of
854	854	theft; or
855	855	(C) the property stolen is a driver's license,
856	856	commercial driver's license, or personal identification
857	857	certificate issued by this state or another state;
858	858	(3) a Class A misdemeanor if:
859	859	(A) the value of the property stolen is $750 or
860	860	more but less than $2,500; or
861	861	(B) the value of the property stolen is less than
862	862	$750 and the defendant has been previously convicted two or more
863	863	times of any grade of theft;
864	864	(4) a [state jail] felony of the fourth degree if:
865	865	(A) the value of the property stolen is $2,500 or
866	866	more but less than $30,000, or the property is less than 10 head of
867	867	sheep, swine, or goats or any part thereof under the value of
868	868	$30,000;
869	869	(B) regardless of value, the property is stolen
870	870	from the person of another or from a human corpse or grave,
871	871	including property that is a military grave marker;
872	872	(C) the property stolen is a firearm, as defined
873	873	by Section 46.01;
874	874	(D) [the value of the property stolen is less
875	875	than $2,500 and the defendant has been previously convicted two or
876	876	more times of any grade of theft;
877	877	[(E)] the property stolen is an official ballot
878	878	or official carrier envelope for an election; or
879	879	(E) [(F)] the value of the property stolen is
880	880	less than $20,000 and the property stolen is:
881	881	(i) aluminum;
882	882	(ii) bronze;
883	883	(iii) copper; or
884	884	(iv) brass;
885	885	(5) a felony of the third degree if the value of the
886	886	property stolen is $30,000 or more but less than $150,000, or the
887	887	property is:
888	888	(A) cattle, horses, or exotic livestock or exotic
889	889	fowl as defined by Section 142.001, Agriculture Code, stolen during
890	890	a single transaction and having an aggregate value of less than
891	891	$150,000;
892	892	(B) 10 or more head of sheep, swine, or goats
893	893	stolen during a single transaction and having an aggregate value of
894	894	less than $150,000; or
895	895	(C) a controlled substance, having a value of
896	896	less than $150,000, if stolen from:
897	897	(i) a commercial building in which a
898	898	controlled substance is generally stored, including a pharmacy,
899	899	clinic, hospital, nursing facility, or warehouse; or
900	900	(ii) a vehicle owned or operated by a
901	901	wholesale distributor of prescription drugs;
902	902	(6) a felony of the second degree if:
903	903	(A) the value of the property stolen is $150,000
904	904	or more but less than $300,000; or
905	905	(B) the value of the property stolen is less than
906	906	$300,000 and the property stolen is an automated teller machine or
907	907	the contents or components of an automated teller machine; or
908	908	(7) a felony of the first degree if the value of the
909	909	property stolen is $300,000 or more.
910	910	SECTION 51. Sections 31.16(c) and (d), Penal Code, are
911	911	amended to read as follows:
912	912	(c) An offense under this section is:
913	913	(1) a Class C misdemeanor if the total value of the
914	914	merchandise involved in the activity is less than $100;
915	915	(2) a Class B misdemeanor if the total value of the
916	916	merchandise involved in the activity is $100 or more but less than
917	917	$750;
918	918	(3) a Class A misdemeanor if the total value of the
919	919	merchandise involved in the activity is $750 or more but less than
920	920	[$2,500;
921	921	[(4) a state jail felony if the total value of the
922	922	merchandise involved in the activity is $2,500 or more but less
923	923	than] $30,000;
924	924	(4) [(5)] a felony of the third degree if the total
925	925	value of the merchandise involved in the activity is $30,000 or more
926	926	but less than $150,000;
927	927	(5) [(6)] a felony of the second degree if the total
928	928	value of the merchandise involved in the activity is $150,000 or
929	929	more but less than $300,000; or
930	930	(6) [(7)] a felony of the first degree if the total
931	931	value of the merchandise involved in the activity is $300,000 or
932	932	more.
933	933	(d) An offense described for purposes of punishment by
934	934	Subsections (c)(1)-(5) [(c)(1)-(6)] is increased to the next higher
935	935	category of offense if it is shown on the trial of the offense that:
936	936	(1) the person organized, supervised, financed, or
937	937	managed one or more other persons engaged in an activity described
938	938	by Subsection (b); or
939	939	(2) during the commission of the offense, a person
940	940	engaged in an activity described by Subsection (b) intentionally,
941	941	knowingly, or recklessly:
942	942	(A) caused a fire exit alarm to sound or
943	943	otherwise become activated;
944	944	(B) deactivated or otherwise prevented a fire
945	945	exit alarm or retail theft detector from sounding; or
946	946	(C) used a shielding or deactivation instrument
947	947	to prevent or attempt to prevent detection of the offense by a
948	948	retail theft detector.
949	949	SECTION 52. Section 32.32(c), Penal Code, is amended to
950	950	read as follows:
951	951	(c) An offense under this section is:
952	952	(1) a Class C misdemeanor if the value of the property
953	953	or the amount of credit is less than $100;
954	954	(2) a Class B misdemeanor if the value of the property
955	955	or the amount of credit is $100 or more but less than $750;
956	956	(3) a Class A misdemeanor if the value of the property
957	957	or the amount of credit is $750 or more but less than [$2,500;
958	958	[(4) a state jail felony if the value of the property
959	959	or the amount of credit is $2,500 or more but less than] $30,000;
960	960	(4) [(5)] a felony of the third degree if the value of
961	961	the property or the amount of credit is $30,000 or more but less
962	962	than $150,000;
963	963	(5) [(6)] a felony of the second degree if the value of
964	964	the property or the amount of credit is $150,000 or more but less
965	965	than $300,000; or
966	966	(6) [(7)] a felony of the first degree if the value of
967	967	the property or the amount of credit is $300,000 or more.
968	968	SECTION 53. Section 43.02(c), Penal Code, is amended to
969	969	read as follows:
970	970	(c) An offense under Subsection (a) is a Class B
971	971	misdemeanor, except that the offense is[:
972	972	[(1)] a Class A misdemeanor if the actor has previously
973	973	been convicted [one or two times] of an offense under Subsection
974	974	(a)[; or
975	975	[(2) a state jail felony if the actor has previously
976	976	been convicted three or more times of an offense under Subsection
977	977	(a)].
978	978	SECTION 54. Section 43.23(b), Penal Code, is amended to
979	979	read as follows:
980	980	(b) Except as provided by Subsection (h), an offense under
981	981	Subsection (a) is a Class A misdemeanor [state jail felony].
982	982	SECTION 55. The following provisions are repealed:
983	983	(1) Article 42.0199, Code of Criminal Procedure;
984	984	(2) Articles 42A.104(b) and 42A.515(b), Code of
985	985	Criminal Procedure;
986	986	(3) Subchapter L, Chapter 42A, Code of Criminal
987	987	Procedure;
988	988	(4) Sections 72.036, 493.0051, 497.097, 509.015,
989	989	509.017, and 511.017, Government Code;
990	990	(5) Section 491.001(a)(8), Government Code;
991	991	(6) Sections 509.006(d) and (e), Government Code; and
992	992	(7) Chapter 507, Government Code.
993	993	SECTION 56. The changes in law made by this Act apply only
994	994	to an offense committed on or after the effective date of this Act.
995	995	An offense committed before the effective date of this Act is
996	996	governed by the law in effect on the date the offense was committed,
997	997	and the former law is continued in effect for that purpose. For
998	998	purposes of this section, an offense was committed before the
999	999	effective date of this Act if any element of the offense occurred
1000	1000	before that date.
1001	1001	SECTION 57. This Act takes effect September 1, 2023.