By Nixon                                         H.B. No. 910

      75R4726 KEL-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the penalty for a burglary committed in a building

 1-3     other than a habitation.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 30.02(c), Penal Code, is amended to read

 1-6     as follows:

 1-7           (c)  Except as provided in Subsection (d), an offense under

 1-8     this section is a:

 1-9                 (1)  [state jail] felony of the third degree if

1-10     committed in a building other than a habitation; or

1-11                 (2)  felony of the second degree if committed in a

1-12     habitation.

1-13           SECTION 2.  (a)  The change in law made by this Act applies

1-14     only to an offense committed on or after the effective date of this

1-15     Act.  For purposes of this section, an offense is committed before

1-16     the effective date of this Act if any element of the offense occurs

1-17     before that date.

1-18           (b)  An offense committed before the effective date of this

1-19     Act is covered by the law in effect when the offense was committed,

1-20     and the former law is continued in effect for that purpose.

1-21           SECTION 3.  This Act takes effect September 1, 1997.

1-22           SECTION 4.  The importance of this legislation and the

1-23     crowded condition of the calendars in both houses create an

1-24     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

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