By Gallego                                      H.B. No. 2110

      75R2887 JRD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to enhancing the punishment for the offense of theft under

 1-3     certain circumstances involving a government contractor.

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

 1-5           SECTION 1.  Section 31.03(f), Penal Code, is amended to read

 1-6     as follows:

 1-7           (f)  An offense described for purposes of punishment by

 1-8     Subsections (e)(1)-(6) is increased to the next higher category of

 1-9     offense if it is shown on the trial of the offense that:

1-10                 (1)  the actor was a public servant at the time of the

1-11     offense[;] and

1-12                 [(2)]  the property appropriated came into the actor's

1-13     custody, possession, or control by virtue of his status as a public

1-14     servant; or

1-15                 (2)  the actor was in a contractual relationship with

1-16     government at the time of the offense and the property appropriated

1-17     came into the actor's custody, possession, or control by virtue of

1-18     the contractual relationship.

1-19           SECTION 2.  (a) This Act takes effect September 1, 1997.

1-20           (b)  The changes in law made by this Act apply only to an

1-21     offense committed on or after the effective date of this Act. For

1-22     purposes of this section, an offense is committed before the

1-23     effective date of this Act if any element of the offense occurs

1-24     before that date.

 2-1           (c)  An offense committed before the effective date of this

 2-2     Act is covered by the law in effect at the time the offense was

 2-3     committed.

 2-4           SECTION 3.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended.