77R9073 JMG-D                           
         By Hartnett, et al.                                    H.B. No. 460
         Substitute the following for H.B. No. 460:
         By Hinojosa                                        C.S.H.B. No. 460
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the penalty for the offense of prostitution.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 43.02, Penal Code, is amended by amending
 1-5     Subsection (c) and by adding Subsection (d) to read as follows:
 1-6           (c)  Except as provided by Subsection (d), an [An] offense
 1-7     under this section is a Class B misdemeanor, unless the actor has
 1-8     been convicted previously under this section, in which event it is
 1-9     a Class A misdemeanor.
1-10           (d)  An offense under this section is a state jail felony if
1-11     the judge or jury, whichever is the trier of fact, determines
1-12     beyond a reasonable doubt at the guilt or innocence phase of the
1-13     trial that:
1-14                 (1)  the offense was committed in or within 300 feet of
1-15     a residential area, as defined by Section 244.001, Local Government
1-16     Code; and
1-17                 (2)  the defendant has previously been convicted three
1-18     or more times under this section.
1-19           SECTION 2. This Act takes effect September 1, 2001, and
1-20     applies only to an offense committed on or after that date. An
1-21     offense committed before the effective date of this Act is covered
1-22     by the law in effect when the offense was committed, and the former
1-23     law is continued in effect for that purpose. For purposes of this
1-24     section, an offense was committed before the effective date of this
 2-1     Act if any element of the offense occurred before that date.