By: Horn H.B. No. 426
73R2810 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a repeat offender penalty for certain
1-3 obscenity offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 43, Penal Code, is amended
1-6 by adding Section 43.27 to read as follows:
1-7 Sec. 43.27. REPEAT OFFENDERS. (a) If it is shown on the
1-8 trial of an offense listed in Subsection (b) of this section that
1-9 the defendant has previously been convicted two or more times of
1-10 one or more offenses listed in Subsection (b) of this section, on
1-11 conviction of the offense the defendant shall be punished at the
1-12 next higher category of offense.
1-13 (b) This section applies to an offense under the following
1-14 sections of the Penal Code:
1-15 (1) Section 43.23;
1-16 (2) Section 43.24;
1-17 (3) Section 43.25;
1-18 (4) Section 43.251; or
1-19 (5) Section 43.26.
1-20 SECTION 2. (a) The change in law made by this Act applies
1-21 only to punishment for an offense committed on or after the
1-22 effective date of this Act. For purposes of this section, an
1-23 offense is committed before the effective date of this Act if any
1-24 element of the offense occurs before the effective date.
2-1 (b) Punishment for an offense committed before the effective
2-2 date of this Act is covered by the law in effect when the offense
2-3 was committed, and the former law is continued in effect for that
2-4 purpose.
2-5 SECTION 3. This Act takes effect September 1, 1993.
2-6 SECTION 4. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.