By Rodriguez                                     H.B. No. 161

      75R704 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to punishment for the offense of arson.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 28.02(d), Penal Code, is amended to read

 1-5     as follows:

 1-6           (d)  An offense under this section is a felony of the second

 1-7     degree, except that the offense [unless bodily injury or death is

 1-8     suffered by any person by reason of the commission of the offense,

 1-9     in which event it] is a felony of the first degree if it is shown

1-10     on the trial of the offense that:

1-11                 (1)  bodily injury or death was suffered by any person

1-12     by reason of the commission of the offense; or

1-13                 (2)  the actor committed the offense knowing that the

1-14     property intended to be damaged or destroyed was a place of worship

1-15     or human burial.

1-16           SECTION 2.  (a)  The change in law made by this Act applies

1-17     only to an offense committed on or after the effective date of this

1-18     Act.  For purposes of this section, an offense is committed before

1-19     the effective date of this Act if any element of the offense occurs

1-20     before the effective date.

1-21           (b)  An offense committed before the effective date of this

1-22     Act is covered by the law in effect when the offense was committed,

1-23     and the former law is continued in effect for that purpose.

1-24           SECTION 3.  This Act takes effect September 1, 1997.

 2-1           SECTION 4.  The importance of this legislation and the

 2-2     crowded condition of the calendars in both houses create an

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended.