By Kubiak H.B. No. 369 75R175 JSA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the penalties for certain offenses involving activities 1-3 as an athlete agent. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 8(c), Chapter 13, Acts of the 70th 1-6 Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas 1-7 Civil Statutes), is amended to read as follows: 1-8 (c) An athlete agent commits an offense if the agent 1-9 intentionally or knowingly violates this Act or a rule adopted 1-10 under this Act. An offense under this subsection is a Class A 1-11 misdemeanor unless it is shown on the trial of the offense that the 1-12 defendant has previously been convicted under this subsection, in 1-13 which event an offense under this subsection is a misdemeanor 1-14 punishable by: 1-15 (1) a fine not to exceed $250,000; 1-16 (2) confinement in jail for a term not to exceed one 1-17 year; or 1-18 (3) both such fine and confinement. 1-19 SECTION 2. Article 42.12, Code of Criminal Procedure, is 1-20 amended by adding Section 13D to read as follows: 1-21 Sec. 13D. COMMUNITY SUPERVISION FOR ATHLETE AGENT OFFENSE. 1-22 A judge granting community supervision to a defendant convicted of 1-23 an offense under Section 8(c), Chapter 13, Acts of the 70th 1-24 Legislature, 2nd Called Session, 1987 (Article 8871, Vernon's Texas 2-1 Civil Statutes), when it is shown on trial of the offense that the 2-2 defendant has previously been convicted of an offense under Section 2-3 8(c), shall require as a term of community supervision that the 2-4 defendant serve a term of at least 30 days confinement in jail. 2-5 SECTION 3. (a) The change in law made by this Act applies 2-6 only to the punishment for an offense committed on or after the 2-7 effective date of this Act. For purposes of this section, an 2-8 offense is committed before the effective date of this Act if any 2-9 element of the offense occurs before the effective date. 2-10 (b) The punishment for an offense committed before the 2-11 effective date of this Act is covered by the law in effect when the 2-12 offense was committed, and the former law is continued in effect 2-13 for that purpose. 2-14 SECTION 4. This Act takes effect September 1, 1997. 2-15 SECTION 5. The importance of this legislation and the 2-16 crowded condition of the calendars in both houses create an 2-17 emergency and an imperative public necessity that the 2-18 constitutional rule requiring bills to be read on three several 2-19 days in each house be suspended, and this rule is hereby suspended.