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.