76R11839 GWK-F
By Crabb H.B. No. 2231
Substitute the following for H.B. No. 2231:
By Nixon C.S.H.B. No. 2231
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of burglary of a rail
1-3 car.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 30.04, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 30.04. BURGLARY OF VEHICLES. (a) A person commits an
1-8 offense if, without the effective consent of the owner, he breaks
1-9 into or enters a vehicle or any part of a vehicle with intent to
1-10 commit any felony or theft.
1-11 (b) For purposes of this section, "enter" means to intrude:
1-12 (1) any part of the body; or
1-13 (2) any physical object connected with the body.
1-14 (c) For purposes of this section, a container or trailer
1-15 carried on a rail car is a part of the rail car.
1-16 (d) An offense under this section is a Class A misdemeanor
1-17 unless the vehicle or part of the vehicle broken into or entered is
1-18 a rail car, in which event the offense is a state jail felony.
1-19 (e) It is a defense to prosecution under this section that
1-20 the actor entered a rail car or any part of a rail car and was at
1-21 that time an employee or a representative of employees exercising a
1-22 right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).
1-23 SECTION 2. (a) The change in law made by this Act applies
1-24 only to an offense committed on or after the effective date of this
2-1 Act. For purposes of this section, an offense is committed before
2-2 the effective date of this Act if any element of the offense occurs
2-3 before the effective date.
2-4 (b) An offense committed before the effective date of this
2-5 Act is covered by the law in effect when the offense was committed,
2-6 and the former law is continued in effect for that purpose.
2-7 SECTION 3. This Act takes effect September 1, 1999.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.