By:  Bailey                                                       H.B. No. 3193



A BILL TO BE ENTITLED

AN ACT

relating to the offense of arson and to the sentencing of that 
offense; providing criminal penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Title 7, Chapter 28, Section 28.01, Penal Code, 
is amended by adding subsection (7) to read as follows:
	Sec. 28.01.  DEFINITIONS.  (7)  Structure means any thing 
built or composed of parts joined together.
	SECTION 2.  Title 7, Chapter 28, Section 28.02, Penal Code, 
is amended by adding subsection (e) to read as follows:
	Sec. 28.02. ARSON.  (e)  It is a felony of the third degree if 
a person commits an offense under (a)(2) of this section and he 
intentionally starts a fire in or on a building, habitation, or 
vehicle, with intent to damage or destroy property belonging to 
another, or with intent to injure any person, and in so doing, 
recklessly causes damage to the building, habitation or vehicle.
	SECTION 3.  Article 42.12, Section 3g(a)(1), Code of 
Criminal Procedure, is amended by adding subsection (I) as to read 
as follows:
	Sec. 3g(a)(1).  LIMITATION ON JUDGE ORDERED COMMUNITY 
SUPERVISION  (I)  Section 28.02, Penal Code (Arson).
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.