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.