AN ACT

 1-1     relating to punishment for the offense of arson.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subsection (d), Section 28.02, Penal Code, is

 1-4     amended to read as follows:

 1-5           (d)  An offense under this section is a felony of the second

 1-6     degree, except that the offense [unless bodily injury or death is

 1-7     suffered by any person by reason of the commission of the offense,

 1-8     in which event it] is a felony of the first degree if it is shown

 1-9     on the trial of the offense that:

1-10                 (1)  bodily injury or death was suffered by any person

1-11     by reason of the commission of the offense; or

1-12                 (2)  the actor committed the offense knowing that the

1-13     property intended to be damaged or destroyed was a place of

1-14     worship.

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 the effective 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.

 2-1           SECTION 4.  The importance of this legislation and the

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

 2-3     emergency and an imperative public necessity that the

 2-4     constitutional rule requiring bills to be read on three several

 2-5     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 78 passed the Senate on

         March 3, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 78 passed the House on

         May 25, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor