Amend HB 1363 (senate committee report) in SECTION 6 of the bill, by striking amended Section 43.02(c), Penal Code (page 3, lines 8 through 15), and substituting the following:

(c)  An offense under Subsection (a) [this section] is a Class B misdemeanor, except that the offense is:

(1)  a Class A misdemeanor if the actor has previously been convicted three, four, or five [one or two] times of an offense under Subsection (a) [this section]; or

(2)  a state jail felony if the actor has previously been convicted six [three] or more times of an offense under Subsection (a).