By Yarbrough                                           H.B. No. 108
       74R783 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 (e) to read as follows:
    1-6        (e)(1)  If it is shown on the trial of an offense otherwise
    1-7  punishable as a state jail felony under this section that during
    1-8  the commission of the offense the defendant committed theft of a
    1-9  firearm, the offense is punishable as a third degree felony.
   1-10              (2)  If it is shown on the trial of an offense
   1-11  otherwise punishable as a first or second degree felony under this
   1-12  section that during the commission of the offense the defendant
   1-13  committed theft of a firearm, the minimum term of imprisonment
   1-14  otherwise imposed on conviction of the offense is increased by five
   1-15  years.
   1-16              (3)  If it is shown on the trial of an offense
   1-17  punishable under this subsection that during the commission of the
   1-18  offense the defendant committed theft of more than one firearm, the
   1-19  minimum term of imprisonment otherwise imposed under Subdivision
   1-20  (1) or (2) is increased by two years for each additional firearm
   1-21  stolen.
   1-22              (4)  In this subsection, "firearm" has the meaning
   1-23  assigned by Section 46.01.
   1-24        SECTION 2.  (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 the effective 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 that purpose.
    2-8        SECTION 3.  This Act takes effect September 1, 1995.
    2-9        SECTION 4.  The importance of this legislation and the
   2-10  crowded condition of the calendars in both houses create an
   2-11  emergency and an imperative public necessity that the
   2-12  constitutional rule requiring bills to be read on three several
   2-13  days in each house be suspended, and this rule is hereby suspended.