By:  Yarbrough                                         H.B. No. 439
       73R2900 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the punishment for the offense of burglary.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 30.02, Penal Code, is amended by adding
    1-5  Subsection (d) to read as follows:
    1-6        (d)  The minimum term of imprisonment otherwise imposed on
    1-7  conviction of a first or second degree felony under this section is
    1-8  increased by five years if it is shown on the trial of the offense
    1-9  that during the commission of the offense the defendant committed
   1-10  theft of a firearm.  If it is shown on the trial of the offense
   1-11  that during the commission of the offense the defendant committed
   1-12  theft of more than one firearm, the minimum term of imprisonment is
   1-13  increased by two years for each additional firearm stolen.  In this
   1-14  subsection, "firearm" has the meaning assigned by Section 46.01 of
   1-15  this code.
   1-16        SECTION 2.  (a)  The change in law made by this Act applies
   1-17  only to a defendant convicted of an offense committed on or after
   1-18  the effective date of this Act.  For purposes of this section, an
   1-19  offense is committed before the effective date of this Act if any
   1-20  element of the offense occurs before the effective date.
   1-21        (b)  A defendant convicted of an offense committed before the
   1-22  effective date of this Act is covered by the law in effect when the
   1-23  offense was committed, and the former law is continued in effect
   1-24  for this purpose.
    2-1        SECTION 3.  This Act takes effect September 1, 1993.
    2-2        SECTION 4.  The importance of this legislation and the
    2-3  crowded condition of the calendars in both houses create an
    2-4  emergency   and   an   imperative   public   necessity   that   the
    2-5  constitutional rule requiring bills to be read on three several
    2-6  days in each house be suspended, and this rule is hereby suspended.