By:  West, Duncan, Moncrief                           S.B. No. 1579
              Moncrief
         99S0212/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the creation of the offense of soliciting membership in
 1-2     a criminal street gang.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 71, Penal Code, is amended by adding
 1-5     Section 71.022 to read as follows:
 1-6           Sec. 71.022.  SOLICITING MEMBERSHIP IN A CRIMINAL STREET
 1-7     GANG.  (a)  A person commits an offense if the person knowingly
 1-8     causes, enables, encourages, recruits, or solicits another person
 1-9     to become a member of a criminal street gang which, as a condition
1-10     of initiation, admission, membership, or continued membership,
1-11     requires the commission of any conduct which constitutes an offense
1-12     under this code or other law.
1-13           (b)  Except as provided by Subsection (c), an offense under
1-14     this section is a felony of the third degree.
1-15           (c)  A second or subsequent offense under this section is a
1-16     felony of the second degree.
1-17           SECTION 2.  This Act takes effect September 1, 1999.
1-18           SECTION 3.  The importance of this legislation and the
1-19     crowded condition of the calendars in both houses create an
1-20     emergency and an imperative public necessity that the
1-21     constitutional rule requiring bills to be read on three several
1-22     days in each house be suspended, and this rule is hereby suspended.