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.