Suspending limitations on conference committee jurisdiction,
S.B. No. 1067.
By: Place H.R. No. 802
73R11827 NSC-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 73rd Legislature, 1993, That House Rule 13, Section 9(a),
1-3 be suspended in part as provided by House Rule 13, Section 9(f), to
1-4 enable the conference committee appointed to resolve the
1-5 differences on Senate Bill No. 1067, to consider and take action on
1-6 the following specific matters:
1-7 1. House Rule 13, Section 9(a)(1), is suspended to permit
1-8 the committee to amend Section 22.04, Penal Code (Injury to a
1-9 Child, Elderly Individual, or Invalid Individual), by striking the
1-10 term "invalid individual" and substituting "disabled individual"
1-11 throughout that section.
1-12 This change is necessary to update the description of an
1-13 individual who is disabled.
1-14 2. House Rule 13, Section 9(a)(1), is suspended to permit
1-15 the committee to amend Sections 25.05(f) and (g), Penal Code
1-16 (Criminal Nonsupport), to read as follows:
1-17 (f) <Except as provided in Subsection (g) of this section,
1-18 an offense under this section is a Class A misdemeanor.>
1-19 <(g)> An offense under this section is a state jail felony
1-20 <of the third degree if the actor:>
1-21 <(1) has been convicted one or more times under this
1-22 section; or>
1-23 <(2) commits the offense while residing in another
1-24 state>.
2-1 This change is necessary to eliminate the enhancement of
2-2 punishment under that section for a person who commits the offense
2-3 and leaves the state to reside in another state.
2-4 3. House Rule 13, Section 9(a)(2), is suspended to permit
2-5 the committee to amend Section 31.01, Penal Code (Definitions for
2-6 Theft Offenses), by striking the terms "cable television" and
2-7 "subscription television" from the definition of "service" to read
2-8 as follows:
2-9 (6) <(7)> "Service" includes:
2-10 (A) labor and professional service;
2-11 (B) telecommunication, public utility, or <and>
2-12 transportation service;
2-13 (C) lodging, restaurant service, and
2-14 entertainment; and
2-15 (D) the supply of a motor vehicle or other
2-16 property for use.
2-17 This change is necessary to eliminate the distinction between
2-18 cable or subscription television service and other types of service
2-19 for purposes of the offense of theft.
2-20 4. House Rule 13, Section 9(a)(2), is suspended to permit
2-21 the committee to omit language from Section 31.08(c), Penal Code,
2-22 in order to amend that section to read as follows:
2-23 (c) If property or service has value that cannot be
2-24 reasonably ascertained by the criteria set forth in Subsections (a)
2-25 and (b) <of this section>, the property or service is deemed to
2-26 have a value of $500 or more <than $200> but less than $1,500
2-27 <$750>.
3-1 This change is necessary to eliminate the presumption of the
3-2 value of cable television service or subscription television
3-3 service for purposes of the offense of theft.
3-4 5. House Rule 13, Section 9(a)(2), is suspended to permit
3-5 the committee to omit Section 42.10(c), Penal Code (Dog Fighting).
3-6 This change is necessary to eliminate the provision that
3-7 allows the state to require a party to the offense to furnish
3-8 evidence or testify about the offense and provide immunity from
3-9 prosecution for the party if the party furnishes evidence or
3-10 testifies.
3-11 6. House Rule 13, Section 9(a)(4), is suspended to permit
3-12 the committee to amend Article 13 of the bill by adding Section
3-13 13.02 to read as follows:
3-14 SECTION 13.02. (a) Except as provided by Subsection (c) of
3-15 this section, an amendment to any provision of the Penal Code made
3-16 by another Act of the 73rd Legislature, Regular Session, 1993, an
3-17 amendment in another Act to a provision of Article 6701l-1, Revised
3-18 Statutes, or an amendment in another Act to a provision of the
3-19 Health and Safety Code also amended by this Act, applies only to an
3-20 offense committed under the provision on or after the effective
3-21 date of the other Act and before September 1, 1994. The amendment
3-22 made by the other Act continues in effect only for the limited
3-23 purpose of the prosecution of an offense committed before September
3-24 1, 1994.
3-25 (b) For purposes of this section, an offense is committed
3-26 before September 1, 1994, if all elements of the offense occur
3-27 before that date.
4-1 (c) If House Bill No. 354, 73rd Legislature, Regular
4-2 Session, 1993, is enacted and becomes law, the amendments made to
4-3 the Penal Code by that Act continue in effect on and after
4-4 September 1, 1994. If Senate Bill No. 456, 73rd Legislature,
4-5 Regular Session, 1993, is enacted and becomes law, the amendments
4-6 made to the Penal Code by that Act continue in effect on and after
4-7 September 1, 1994.
4-8 This change is necessary to continue in effect amendments
4-9 made by other Acts of the 73rd Legislature, Regular Session, 1993,
4-10 to the Penal Code, certain provisions of the Health and Safety
4-11 Code, and Article 6701l-1, Revised Statutes, for the purpose of
4-12 prosecution of offenses committed under those amendments and to
4-13 continue in effect after September 1, 1994, House Bill 354 and
4-14 Senate Bill 456, Acts of the 73rd Legislature, Regular Session,
4-15 1993, if enacted.