By Haywood                                             S.B. No. 112

      75R926 GWK-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the punishment and sentencing for persons convicted of

 1-3     certain oil-field thefts.

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

 1-5           SECTION 1.  Section 15(d), Article 42.12, Code of Criminal

 1-6     Procedure, is amended to read as follows:

 1-7           (d)  A judge may impose as a condition of community

 1-8     supervision that a defendant submit at the beginning of the period

 1-9     of community supervision to a term of confinement in a state jail

1-10     felony facility for a term of not less than 90 days or more than

1-11     180 days, or a term of not less than 90 days or more than one year

1-12     if the defendant is convicted of an offense punishable as a state

1-13     jail felony under Section 481.112, 481.113, or 481.120, Health and

1-14     Safety Code. A judge shall impose as a condition of community

1-15     supervision that a defendant submit at the beginning of the period

1-16     of community supervision to a term of confinement in a state jail

1-17     felony facility for a term of not less than 90 days or more than

1-18     one year if the defendant is convicted of an offense punishable as

1-19     a state jail felony under Section 31.03, Penal Code, and the

1-20     property stolen is equipment designed for use in exploration for or

1-21     production of natural gas or crude petroleum oil or equipment

1-22     designed for use in remedial or diagnostic operation on gas or

1-23     crude petroleum oil wells.  A judge may not require a defendant to

1-24     submit to both the term of confinement authorized or required by

 2-1     this  subsection and a term of confinement under Section 5 or 12 of

 2-2     this article.  For the purposes of this subsection, a defendant

 2-3     previously has been convicted of a felony regardless of whether the

 2-4     sentence for the previous conviction was actually imposed or was

 2-5     probated and suspended.

 2-6           SECTION 2.  (a)  The change in law made by this Act applies

 2-7     only to an offense committed on or after the effective date of this

 2-8     Act.  For purposes of this section, an offense is committed before

 2-9     the effective date of this Act if any element of the offense occurs

2-10     before the effective date.

2-11           (b)  An offense committed before the effective date of this

2-12     Act is covered by the law in effect when the offense was committed,

2-13     and the former law is continued in effect for this purpose.

2-14           SECTION 3.  This Act takes effect September 1, 1997.

2-15           SECTION 4.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.