Amend SB 762 on third reading in SECTION 1 of the bill, in added Section 42.092(c-1), Penal Code, following "is a" by striking "state jail felony" and substituting the following:
felony of the third degree, except that the offense is a felony of the second degree if the person has previously been convicted under Subsection (b)(1), (2), (7), or (8) or under Section 42.09.