78R8840 GWK-F

By:  Rose                                                         H.B. No. 3225



A BILL TO BE ENTITLED

AN ACT

relating to the use of certain previous felony theft convictions to 
enhance the punishment for theft.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 31.03, Penal Code, is amended by adding 
Subsection (j) to read as follows:
	(j)  The punishment of a defendant that is enhanced under 
Subsection (e)(4)(D) to a state jail felony may be further enhanced 
under Section 12.42(a)(1) or (2) to a felony of the third degree or 
a felony of the second degree, except that a previous felony 
conviction for theft that is used to enhance punishment under 
Subsection (e)(4)(D) may not also be used to enhance punishment 
under Section 12.42(a)(1) or (2).
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before the effective date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2003.