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.