By Staples                                             H.B. No. 720
         76R2575 PEP-F                           
                                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.  Section 30.02, Penal Code, is amended to read as
 1-5     follows:
 1-6           Sec. 30.02.  BURGLARY.  (a)  A person commits an offense if,
 1-7     without the effective consent of the  owner, the person [he]:
 1-8                 (1)  enters a habitation, or a building (or any portion
 1-9     of a building) not then open to the public, with intent to commit a
1-10     felony or theft; [or]
1-11                 (2)  remains concealed, with intent to commit a felony
1-12     or theft, in a building or habitation; or
1-13                 (3)  enters a building or habitation and commits or
1-14     attempts to commit a felony or theft.
1-15           (b)  For purposes of this section, "enter" means to intrude:
1-16                 (1)  any part of the body; or
1-17                 (2)  any physical object connected with the body.
1-18           (c)  An [Except as provided in Subsection (d), an] offense
1-19     under this section is a:
1-20                 (1)  felony of the third degree [state jail felony] if
1-21     committed in a building other than a habitation; or
1-22                 (2)  felony of the first [second] degree if committed
1-23     in a habitation.
1-24           [(d)  An offense under this section is a felony of the first
 2-1     degree if:]
 2-2                 [(1)  the premises are a habitation; and]
 2-3                 [(2)  any party to the offense entered the habitation
 2-4     with intent to commit a felony other than felony theft or committed
 2-5     or attempted to commit a felony other than felony theft.]
 2-6           SECTION 2.  The change in law made by this Act applies only
 2-7     to an offense committed on or after the effective date of this Act.
 2-8     An offense committed before the effective date of this Act is
 2-9     covered by the law in effect when the offense was committed, and
2-10     the former law is continued in effect for that purpose.  For
2-11     purposes of this section, an offense was committed before the
2-12     effective date of this Act if any element of the offense occurred
2-13     before that date.
2-14           SECTION 3.  This Act takes effect September 1, 1999.
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.