By Walker                                              H.B. No. 332
         76R2405 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for the offense of burglary.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 30.02(b) and (c), Penal Code, are
 1-5     amended to read as follows:
 1-6           (b)  For purposes of this section:
 1-7                 (1)  "Enter" [, "enter"] means to intrude:
 1-8                       (A) [(1)]  any part of the body; or
 1-9                       (B) [(2)]  any physical object connected with the
1-10     body.
1-11                 (2)  "Food service establishment" means an
1-12     establishment at which food for human consumption is sold or
1-13     prepared for sale at wholesale or retail.
1-14           (c)  Except as provided in Subsection (d), an offense under
1-15     this section is a:
1-16                 (1)  state jail felony if committed in a building other
1-17     than a food service establishment or habitation; [or]
1-18                 (2)  felony of the third degree if committed in a food
1-19     service establishment; or
1-20                 (3)  felony of the second degree if committed in a
1-21     habitation.
1-22           SECTION 2.  The change in law made by this Act applies only
1-23     to an offense committed on or after the effective date of this Act.
1-24     An offense committed before the effective date of this Act is
 2-1     covered by the law in effect when the offense was committed, and
 2-2     the former law is continued in effect for that purpose.  For
 2-3     purposes of this section, an offense was committed before the
 2-4     effective date of this Act if any element of the offense occurred
 2-5     before that date.
 2-6           SECTION 3.  This Act takes effect September 1, 1999.
 2-7           SECTION 4.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended.