82R2169 PEP-F
 
  By: Harless H.B. No. 305
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment prescribed for burglary of a vehicle.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 30.04(d), Penal Code, is amended to read
  as follows:
         (d)  An offense under this section is a Class A misdemeanor,
  except that[:
               [(1)  the offense is a Class A misdemeanor with
  a  minimum term of confinement of six months if it is shown on the
  trial of the offense that the defendant has been previously
  convicted of an offense under this section; and
               [(2)]  the offense is a state jail felony if:
               (1) [(A)]  it is shown on the trial of the offense that
  the defendant has been previously convicted [two or more times] of
  an offense under this section; or
               (2) [(B)]  the vehicle or part of the vehicle broken
  into or entered is a rail car.
         SECTION 2.  Sections 3(h) and 4(f), Article 42.12, Code of
  Criminal Procedure, are repealed.
         SECTION 3.  The change in law made by this Act applies 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
  governed 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 was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 4.  This Act takes effect September 1, 2011.