By Farrar                                       H.B. No. 3009

      75R1712 JMC-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution of the offense of burglary.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 30.02(a), Penal Code, is amended to read

 1-5     as follows:

 1-6           (a)  A person commits an offense if, without the effective

 1-7     consent of the owner, he:

 1-8                 (1)  enters a habitation, or a building (or any portion

 1-9     of a building) not then open to the public, with intent to commit a

1-10     felony, [or] theft, or an assault;  or

1-11                 (2)  remains concealed, with intent to commit a felony,

1-12     [or] theft, or an assault, in a building or habitation;  or

1-13                 (3)  enters a building or habitation and commits or

1-14     attempts to commit a felony, [or] theft, or an assault.

1-15           SECTION 2.  (a)  The change in law made by this Act applies

1-16     only to an offense committed on or after the effective date of this

1-17     Act.  For purposes of this section, an offense is committed before

1-18     the effective date of this Act if any element of the offense occurs

1-19     before that date.

1-20           (b)  An offense committed before the effective date of this

1-21     Act is covered by the law in effect when the offense was committed,

1-22     and the former law is continued in effect for that purpose.

1-23           SECTION 3.  This Act takes effect September 1, 1997.

1-24           SECTION 4.  The importance of this legislation and the

 2-1     crowded condition of the calendars in both houses create an

 2-2     emergency and an imperative public necessity that the

 2-3     constitutional rule requiring bills to be read on three several

 2-4     days in each house be suspended, and this rule is hereby suspended.