Amend CSSB 762 (senate committee printing) on third reading, in SECTION 1 of the bill, by striking subsection (c) (page 1, lines 27-31) and substituting the following:

(c)  An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09.