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.