73R5956 DRH-F
          By De La Garza, et al.                                  H.B. No. 58
          Substitute the following for H.B. No. 58:
          By De La Garza                                      C.S.H.B. No. 58
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of the offense of compelling membership in
    1-3  a criminal combination.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 71, Penal Code, is amended by adding
    1-6  Section 71.06 to read as follows:
    1-7        Sec. 71.06.  COMPELLING MEMBERSHIP IN COMBINATION.  (a)  A
    1-8  person commits an offense if the person knowingly causes another to
    1-9  become or remain a member of a combination by:
   1-10              (1)  causing or threatening to cause bodily injury to
   1-11  the other person or a member of the other person's family; or
   1-12              (2)  using any other means of unlawful persuasion.
   1-13        (b)  Except as provided by Subsection (c), an offense under
   1-14  this section is a felony of the third degree.
   1-15        (c)  An offense under this section is a felony of the second
   1-16  degree if the actor is 17 years of age or older and the person
   1-17  becoming or remaining a member of a combination is younger than 17
   1-18  years of age at the time of the offense.
   1-19        (d)  If conduct constituting an offense under this section
   1-20  also constitutes an offense under another section of this code, the
   1-21  actor may be prosecuted under either section.
   1-22        (e)  In this section, "family" has the meaning assigned by
   1-23  Section 71.01, Family Code.
   1-24        SECTION 2.  This Act takes effect September 1, 1993.
    2-1        SECTION 3.  The importance of this legislation and the
    2-2  crowded condition of the calendars in both houses create an
    2-3  emergency   and   an   imperative   public   necessity   that   the
    2-4  constitutional rule requiring bills to be read on three several
    2-5  days in each house be suspended, and this rule is hereby suspended.