By McClendon, Jones of Bexar                            H.B. No. 31
         77R283 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for the offense of burglary of a
 1-3     vehicle.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 30.04(d), Penal Code, is amended to read
 1-6     as follows:
 1-7           (d)  An offense under this section is a felony of the third
 1-8     degree [Class A misdemeanor] unless the defendant has previously
 1-9     been convicted of an offense under this section or the vehicle or
1-10     part of the vehicle broken into or entered is a rail car, in which
1-11     event the offense is a [state jail] felony of the second degree.
1-12           SECTION 2. (a)  The change in law made by this Act applies
1-13     only to an offense committed on or after the effective date of this
1-14     Act.  For purposes of this section, an offense is committed before
1-15     the effective date of this Act if any element of the offense occurs
1-16     before the effective date.
1-17           (b)  An offense committed before the effective date of this
1-18     Act is covered by the law in effect when the offense was committed,
1-19     and the former law is continued in effect for that purpose.
1-20           SECTION 3. This Act takes effect September 1, 2001.
1-21                          COMMITTEE AMENDMENT NO. 1
1-22           Amend H.B. 31, as follows:
1-23     Amend Section 1.  Section 30.04 (d) by replacing the words "felony
1-24     of the third degree" with "state jail felony" on lines 7 and 8 and
 2-1     by replacing "of the second degree" with "of the third degree" on
 2-2     line 11.
 2-3                                                                    Keel