By: De La Garza H.B. No. 17 73R1111 GWK-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the underlying offenses on which prosecution of the 1-3 offense of engaging in organized criminal activity may be based. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 71.02(a), Penal Code, is amended to read 1-6 as follows: 1-7 (a) A person commits an offense if, with the intent to 1-8 establish, maintain, or participate in a combination or in the 1-9 profits of a combination or as a member of a criminal street gang, 1-10 he commits or conspires to commit one or more of the following: 1-11 (1) murder, capital murder, arson, aggravated robbery, 1-12 robbery, burglary, theft, aggravated kidnapping, kidnapping, 1-13 aggravated assault, assault, aggravated sexual assault, sexual 1-14 assault, criminal mischief, burglary of a vehicle, discharging a 1-15 firearm from a vehicle, discharging a firearm at an occupied 1-16 habitation, building, or vehicle, retaliation, compelling 1-17 membership in a criminal street gang, or forgery; 1-18 (2) any felony gambling offense; 1-19 (3) promotion of prostitution, aggravated promotion of 1-20 prostitution, or compelling prostitution; 1-21 (4) unlawful manufacture, transportation, repair, 1-22 possession, or sale of firearms or prohibited weapons; 1-23 (5) unlawful manufacture, delivery, dispensation, or 1-24 distribution of a controlled substance or dangerous drug, or 2-1 unlawful possession of a controlled substance or dangerous drug 2-2 through forgery, fraud, misrepresentation, or deception; 2-3 (6) any unlawful wholesale promotion or possession of 2-4 any obscene material or obscene device with the intent to wholesale 2-5 promote the same; 2-6 (7) any unlawful employment, authorization, or 2-7 inducing of a child younger than 17 years of age in an obscene 2-8 sexual performance; 2-9 (8) any felony offense under Chapter 32, Penal Code; 2-10 or 2-11 (9) any offense under Chapter 36, Penal Code. 2-12 SECTION 2. (a) The change in law made by this Act applies 2-13 only to an offense committed on or after the effective date of this 2-14 Act. For purposes of this section, an offense is committed before 2-15 the effective date of this Act if any element of the offense occurs 2-16 before the effective date. 2-17 (b) An offense committed before the effective date of this 2-18 Act is covered by the law in effect when the offense was committed, 2-19 and the former law is continued in effect for this purpose. 2-20 SECTION 3. This Act takes effect September 1, 1993. 2-21 SECTION 4. The importance of this legislation and the 2-22 crowded condition of the calendars in both houses create an 2-23 emergency and an imperative public necessity that the 2-24 constitutional rule requiring bills to be read on three several 2-25 days in each house be suspended, and this rule is hereby suspended.