AN ACT
 1-1     relating to the prosecution and punishment of certain domestic
 1-2     violence offenses.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 22.01, Penal Code, is amended by amending
 1-5     Subsections (b) and (e) and adding Subsection (f) to read as
 1-6     follows:
 1-7           (b)  An offense under Subsection (a)(1) is a Class A
 1-8     misdemeanor, except that the offense is[:]
 1-9                 [(1)]  a felony of the third degree if the offense is
1-10     committed against:
1-11                 (1)  a person the actor knows is a public servant while
1-12     the public servant is lawfully discharging an official duty, or in
1-13     retaliation or on account of an exercise of official power or
1-14     performance of an official duty as a public servant; or
1-15                 (2)  a [state jail felony if it is shown on the trial
1-16     of the offense that the offense was committed against a family]
1-17     member of the defendant's family or household, if it is shown on
1-18     the trial of the offense [and] that the defendant has been
1-19     previously convicted of an offense against a [family] member of the
1-20     defendant's family or household under this section [two or more
1-21     times].
1-22           (e)  In this section:
1-23                 (1)  "Family"[, "family"] has the meaning assigned by
1-24     Section 71.003 [71.01], Family Code.
 2-1                 (2)  "Household" has the meaning assigned by Section
 2-2     71.005, Family Code.
 2-3           (f)  For the purposes of this section, a defendant has been
 2-4     previously convicted of an offense against a member of the
 2-5     defendant's family or a member of the defendant's household under
 2-6     this section if the defendant was adjudged guilty of the offense or
 2-7     entered a plea of guilty or nolo contendere in return for a grant
 2-8     of deferred adjudication, regardless of whether the sentence for
 2-9     the offense was ever imposed or whether the sentence was probated
2-10     and the defendant was subsequently discharged from community
2-11     supervision.
2-12           SECTION 2.  (a)  The change in law made by this Act applies
2-13     only to an offense committed on or after the effective date of this
2-14     Act.  For purposes of this section, an offense is committed before
2-15     the effective date of this Act if any element of the offense occurs
2-16     before the effective date.
2-17           (b)  An offense committed before the effective date of this
2-18     Act is covered by the law in effect when the offense was committed,
2-19     and the former law is continued in effect for that purpose.
2-20           SECTION 3.  This Act takes effect September 1, 1999.
2-21           SECTION 4.  The importance of this legislation and the
2-22     crowded condition of the calendars in both houses create an
2-23     emergency and an imperative public necessity that the
2-24     constitutional rule requiring bills to be read on three several
2-25     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 24 passed the Senate on
         March 16, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 24 passed the House on
         May 26, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor