88R2126 EAS-D
By: Cortez H.B. No. 261
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of burglary of a vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.04, Penal Code, is amended by
amending Subsection (d) and adding Subsection (f) 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;
(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 actor:
(i) broke into or entered a [the] vehicle,
or part of a [the] vehicle, that [broken into or entered] is a rail
car;
(ii) possessed a firearm during the
commission of the offense;
(iii) committed theft of a firearm during
the commission of the offense;
(iv) used a stolen vehicle to facilitate
the commission of the offense; or
(v) committed the offense with respect to
two or more vehicles during the same criminal transaction or during
different criminal transactions but pursuant to the same scheme or
course of conduct; and
(3) the offense is a felony of the third degree if:
(A) the vehicle broken into or entered is owned
or operated by a wholesale distributor of prescription drugs; and
(B) the actor breaks into or enters that vehicle
with the intent to commit theft of a controlled substance.
(f) In this section, "firearm" has the meaning assigned by
Section 46.01.
SECTION 2. 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 on the date 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 3. This Act takes effect September 1, 2023.