By Garcia                                              H.B. No. 378
         77R2913 ATP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the penalty for the offense of stalking.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 42.072(b), Penal Code, is amended to read
 1-5     as follows:
 1-6           (b)  An offense under this section is a felony of the third
 1-7     degree [Class A misdemeanor], except that the offense is a felony
 1-8     of the second [third] degree if the actor has previously been
 1-9     convicted under this section.
1-10           SECTION 2.  This Act takes effect September 1, 2001, and
1-11     applies only to an offense committed on or after that date.  An
1-12     offense committed before the effective date of this Act is covered
1-13     by the law in effect when the offense was committed, and the former
1-14     law is continued in effect for that purpose.  For purposes of this
1-15     section, an offense was committed before the effective date of this
1-16     Act if any element of the offense occurred before that date.