89R545 JDK-D
By: Tepper H.B. No. 548
A BILL TO BE ENTITLED
AN ACT
relating to increasing the criminal penalty for the offense of
burglary of a vehicle and to grants of community supervision to
persons who commit that offense.
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 state jail felony
[Class A misdemeanor], except that:
(1) the offense is a state jail felony [Class A
misdemeanor] with a minimum term of confinement of one year [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 felony of the third degree [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; and
(3) the offense is a felony of the second [third]
degree if:
(A) the vehicle broken into or entered is owned
or operated by a wholesale distributor of prescription drugs and
the actor breaks into or enters that vehicle with the intent to
commit theft of a controlled substance; or
(B) it is shown on the trial of the offense that
the actor committed the offense in the course of committing an
offense under Section 20.05(a)(2).
SECTION 2. Article 42A.304(b), Code of Criminal Procedure,
is amended to read as follows:
(b) The amount of community service work ordered by the
judge may not exceed:
(1) 1,000 hours for an offense classified as a first
degree felony;
(2) 800 hours for an offense classified as a second
degree felony;
(3) 600 hours for:
(A) an offense classified as a third degree
felony; or
(B) an offense under Section 30.04, Penal Code,
classified as a state jail felony [Class A misdemeanor];
(4) 400 hours for an offense classified as a state jail
felony, other than an offense described by Subdivision (3)(B);
(5) 200 hours for:
(A) an offense classified as a Class A
misdemeanor[, other than an offense described by Subdivision
(3)(B)]; or
(B) a misdemeanor for which the maximum
permissible confinement, if any, exceeds six months or the maximum
permissible fine, if any, exceeds $4,000; and
(6) 100 hours for:
(A) an offense classified as a Class B
misdemeanor; or
(B) a misdemeanor for which the maximum
permissible confinement, if any, does not exceed six months and the
maximum permissible fine, if any, does not exceed $4,000.
SECTION 3. Article 42A.057, Code of Criminal Procedure, is
repealed.
SECTION 4. 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 5. This Act takes effect September 1, 2025.