By Madla                                               S.B. No. 138
         77R2274 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment of the offenses of public lewdness and
 1-3     indecent exposure.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 21.07, Penal Code, is amended by amending
 1-6     Subsection (b) and by adding Subsection (c) to read as follows:
 1-7           (b)  Except as provided by Subsection (c), an [An] offense
 1-8     under this section is a Class A misdemeanor.
 1-9           (c)  If it is shown on the trial of an offense under this
1-10     section that the defendant has previously been convicted under this
1-11     section, the offense is a state jail felony.
1-12           SECTION 2. Section 21.08, Penal Code, is amended by amending
1-13     Subsection (b) and by adding Subsection (c) to read as follows:
1-14           (b)  Except as provided by Subsection (c), an [An] offense
1-15     under this section is a Class B misdemeanor.
1-16           (c)  If it is shown on the trial of an offense under this
1-17     section that the defendant has previously been convicted under this
1-18     section:
1-19                 (1)  one time, the offense is a Class A misdemeanor; or
1-20                 (2)  two or more times, the offense is a state jail
1-21     felony.
1-22           SECTION 3. (a)  The change in law made by this Act applies
1-23     only to an offense committed on or after the effective date of this
1-24     Act.  For purposes of this section, an offense is committed before
 2-1     the effective date of this Act if any element of the offense occurs
 2-2     before the effective date.
 2-3           (b)  An offense committed before the effective date of this
 2-4     Act is covered by the law in effect when the offense was committed,
 2-5     and the former law is continued in effect for that purpose.
 2-6           SECTION 4. This Act takes effect September 1, 2001.