By Coleman                                            H.B. No. 2116
         76R4763 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for certain Class C habitual offenders.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 12.43, Penal Code, is amended to read as
 1-5     follows:
 1-6           Sec. 12.43.  PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR
 1-7     OFFENDERS.  (a)  If it is shown on the trial of a Class A
 1-8     misdemeanor that the defendant has been before convicted of a Class
 1-9     A misdemeanor or any  degree of felony, on conviction he shall be
1-10     punished by:
1-11                 (1)  a fine not to exceed $4,000;
1-12                 (2)  confinement in jail for any term of not more than
1-13     one year or less than 90 days; or
1-14                 (3)  both such fine and confinement.
1-15           (b)  If it is shown on the trial of a Class B misdemeanor
1-16     that the defendant has been before convicted of a Class A or Class
1-17     B misdemeanor or any degree of felony, on conviction he shall be
1-18     punished by:
1-19                 (1)  a fine not to exceed $2,000;
1-20                 (2)  confinement in jail for any term of not more than
1-21     180 days or less than 30 days; or
1-22                 (3)  both such fine and confinement.
1-23           (c)  If it is shown on the trial of an offense punishable as
1-24     a Class C misdemeanor under Section 42.01 or 49.02 that the
 2-1     defendant has been before convicted under either of those sections
 2-2     three times or three times for any combination of those offenses
 2-3     and each prior offense was committed in the 12 months  preceding
 2-4     the date of commission of the instant offense, the defendant shall
 2-5     be punished by:
 2-6                 (1)  a fine not to exceed $2,000;
 2-7                 (2)  confinement in jail for a term not to exceed 180
 2-8     days; or
 2-9                 (3)  both such fine and confinement.
2-10           (d)  If the punishment scheme for an offense contains a
2-11     specific enhancement provision increasing punishment for a
2-12     defendant who has previously been convicted of the offense, the
2-13     specific enhancement provision controls over this section.
2-14           SECTION 2.  (a)  The change in law made by this Act applies
2-15     only to an offense committed on or after the effective date of this
2-16     Act.  For purposes of this section, an offense is committed before
2-17     the effective date of this Act if any element of the offense occurs
2-18     before the effective date.
2-19           (b)  An offense committed before the effective date of this
2-20     Act is covered by the law in effect when the offense was committed,
2-21     and the former law is continued in effect for that purpose.
2-22           SECTION 3.  This Act takes effect September 1, 1999.
2-23           SECTION 4.  The importance of this legislation and the
2-24     crowded condition of the calendars in both houses create an
2-25     emergency and an imperative public necessity that the
2-26     constitutional rule requiring bills to be read on three several
2-27     days in each house be suspended, and this rule is hereby suspended.