By Solis of Bexar                                     H.B. No. 3332
         76R8958 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the enhancement of punishment in criminal cases.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended
 1-5     by adding Section 12.421 to read as follows:
 1-6           Sec. 12.421.  ENHANCEMENT OPTIONS.  Notwithstanding Sections
 1-7     12.42 and 12.43, a jury assessing punishment in a criminal case in
 1-8     which one or more prior convictions are alleged and shown for
 1-9     enhancement purposes may:
1-10                 (1)  assess punishment as provided by Section 12.42 or
1-11     Section 12.43, as appropriate; or
1-12                 (2)  on a unanimous determination by the jury that the
1-13     enhanced punishment would result in disproportionate or unfair
1-14     punishment, assess the punishment provided for the offense for
1-15     which the defendant is being tried.
1-16           SECTION 2.  (a)  The change in law made by this Act applies
1-17     only to the punishment for an offense committed on or after the
1-18     effective date of this Act.  For purposes of this section, an
1-19     offense is committed before the effective date of this Act if any
1-20     element of the offense occurs before the effective date.
1-21           (b)  The punishment for an offense committed before the
1-22     effective date of this Act is covered by the law in effect when the
1-23     offense was committed, and the former law is continued in effect
1-24     for that purpose.
 2-1           SECTION 3.  This Act takes effect September 1, 1999.
 2-2           SECTION 4.  The importance of this legislation and the
 2-3     crowded condition of the calendars in both houses create an
 2-4     emergency and an imperative public necessity that the
 2-5     constitutional rule requiring bills to be read on three several
 2-6     days in each house be suspended, and this rule is hereby suspended.