By West                                                S.B. No. 152
         76R2616 JMC-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for escape committed by certain
 1-3     juveniles in the custody of the Texas Youth Commission.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 38.06(c), Penal Code, is amended to read
 1-6     as follows:
 1-7           (c)  An offense under this section is a felony of the third
 1-8     degree if the actor:
 1-9                 (1)  is under arrest for, charged with, or convicted of
1-10     a felony; [or]
1-11                 (2)  is confined in a secure correctional facility; or
1-12                 (3)  is committed to a secure correctional facility, as
1-13     defined by Section 51.02, Family Code, other than a halfway house,
1-14     operated by or under contract with the Texas Youth Commission.
1-15           SECTION 2.  (a)  The change in law made by this Act applies
1-16     only to an offense committed or, for the purposes of Title 3,
1-17     Family Code, to conduct that occurs on or after the effective date
1-18     of this Act.  For purposes of this section, an offense is committed
1-19     on or after the effective date of this Act if every element of the
1-20     offense occurs on or after that date and conduct violating a penal
1-21     law of this state occurs on or after the effective date of this Act
1-22     if every element of the violation occurs on or after that date.
1-23           (b)  An offense committed before the effective date of this
1-24     Act is covered by the law in effect when the offense was committed,
 2-1     and the former law is continued in effect for that purpose.
 2-2     Conduct that occurs before the effective date of this Act is
 2-3     covered by the law in effect at the time the conduct occurred, and
 2-4     the former law is continued in effect for that purpose.
 2-5           SECTION 3.  This Act takes effect September 1, 1999.
 2-6           SECTION 4.  The importance of this legislation and the
 2-7     crowded condition of the calendars in both houses create an
 2-8     emergency and an imperative public necessity that the
 2-9     constitutional rule requiring bills to be read on three several
2-10     days in each house be suspended, and this rule is hereby suspended.