79R1491 RMB-D

By:  Berman                                                       H.B. No. 163



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for the offenses of forgery, credit or 
debit card abuse, and fraudulent use or possession of identifying 
information.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 32.21, Penal Code, is amended by adding 
Subsection (e-1) to read as follows:
	(e-1) The punishment for an offense under this section is 
increased to the punishment prescribed for the next higher category 
of offense if it is shown on the trial of the offense that the 
defendant has previously been convicted under this section.
	SECTION 2.  Section 32.31(d), Penal Code, is amended to read 
as follows:     
	(d)  An offense under this section is a state jail felony, 
except that the offense is a felony of the third degree if it is 
shown on the trial of the offense that the defendant has previously 
been convicted under this section.
	SECTION 3.  Section 32.51(c), Penal Code, is amended to read 
as follows:     
	(c)  An offense under this section is a state jail felony, 
except that the offense is a felony of the third degree if it is 
shown on the trial of the offense that the defendant has previously 
been convicted under this section.
	SECTION 4.  The changes in law made by this Act apply only to 
an offense committed on or after the effective date of this Act.  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.  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.
	SECTION 5.  This Act takes effect September 1, 2005.