By Krusee H.B. No. 386
75R2025 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of the offense of unauthorized use of a
1-3 vehicle.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 31.07, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 31.07. UNAUTHORIZED USE OF A VEHICLE. (a) A person
1-8 commits an offense if, without the effective consent of the owner,
1-9 he intentionally or knowingly operates another's boat, airplane, or
1-10 motor [motor-propelled] vehicle [without the effective consent of
1-11 the owner].
1-12 (b) It is an affirmative defense to prosecution under this
1-13 section that the person was acting with the effective consent of
1-14 another whom the actor reasonably believed to be the owner. The
1-15 issue of the existence of the affirmative defense may not be
1-16 submitted to the jury if the only evidence admitted that supports
1-17 the defense is the uncorroborated testimony of a single witness,
1-18 unless the witness is the defendant.
1-19 (c) An offense under this section is a state jail felony.
1-20 (d) In this section, "motor vehicle" has the meaning
1-21 assigned by Section 541.201, Transportation Code.
1-22 SECTION 2. (a) The change in law made by this Act applies
1-23 only to an offense committed on or after the effective date of this
1-24 Act. For purposes of this section, an offense is committed before
2-1 the effective date of this Act if any element of the offense occurs
2-2 before that date.
2-3 (b) An offense committed before the effective date of this
2-4 Act is covered by the law in effect when the offense was committed,
2-5 and the former law is continued in effect for that purpose.
2-6 SECTION 3. This Act takes effect September 1, 1997.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.