By:  Shelley                                          S.B. No. 1052
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the punishment provided for felonies of the third
    1-2  degree.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (a), Section 12.34, Penal Code, is
    1-5  amended to read as follows:
    1-6        (a)  An individual adjudged guilty of a felony of the third
    1-7  degree shall be punished by<:>
    1-8              <(1)>  confinement in the institutional division of the
    1-9  Texas Department of Criminal Justice for any term of not more than
   1-10  10 years or less than 2 years<; or>
   1-11              <(2)  confinement in a community correctional facility
   1-12  for any term of not more than 1 year>.
   1-13        SECTION 2.  Section 12.44, Penal Code, is amended by adding
   1-14  Subsection (c) to read as follows:
   1-15        (c)  When a court imposes punishment as provided in
   1-16  Subsection (a) or (b) of this section and that punishment includes
   1-17  any term of confinement in jail, the court may authorize discharge
   1-18  of the term of confinement in jail or any portion thereof by the
   1-19  defendant's participation in any program operated by the community
   1-20  supervision and corrections department serving the district in
   1-21  which the offense was committed.
   1-22        SECTION 3.  This Act takes effect September 1, 1993.
   1-23        SECTION 4.  (a)  The change in law made by this Act applies
    2-1  only to an offense committed on or after the effective date of this
    2-2  Act.  For purposes of this section, an offense is committed before
    2-3  the effective date of this Act if any element of the offense occurs
    2-4  before that date.
    2-5        (b)  An offense committed before the effective date of this
    2-6  Act is covered by the law in effect when the offense was committed,
    2-7  and the former law is continued in effect for this purpose.
    2-8        SECTION 5.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended.