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AN ACT
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relating to the punishment for and prevention of the offense of |
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burglary of vehicles. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��Section 30.04, Penal Code, is amended by |
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amending Subsection (d) and adding Subsection (d-1) to read as |
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follows: |
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�������(d)��An offense under this section is a Class A misdemeanor, |
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except that: |
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�������������(1)��the offense is a Class A misdemeanor with a � |
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minimum term of confinement of six months if it is shown on the |
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trial of the offense that the defendant has been previously |
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convicted of an offense under this section; and |
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�������������(2)��the offense is a state jail felony if: |
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�������������������(A)��it is shown on the trial of the offense that |
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the defendant has been previously convicted two or more times of an |
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offense under this section; or |
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�������������������(B)��[unless] the vehicle or part of the vehicle |
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broken into or entered is a rail car[, in which event the offense is
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a state jail felony]. |
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�������(d-1)��For the purposes of Subsection (d), a defendant has |
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been previously convicted under this section if the defendant was |
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adjudged guilty of the offense or entered a plea of guilty or nolo |
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contendere in return for a grant of deferred adjudication, |
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regardless of whether the sentence for the offense was ever imposed |
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or whether the sentence was probated and the defendant was |
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subsequently discharged from community supervision. |
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�������SECTION�2.��Section 3, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (h) to read as follows: |
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�������(h)��The minimum period of community supervision under this |
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section for an offense under Section 30.04, Penal Code, punishable |
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as a Class A misdemeanor with a minimum term of confinement of six |
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months is one year. |
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�������SECTION�3.��Section 4, Article 42.12, Code of Criminal |
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Procedure, is amended by adding Subsection (f) to read as follows: |
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�������(f)��The minimum period of community supervision under this |
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section for an offense under Section 30.04, Penal Code, punishable |
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as a Class A misdemeanor with a minimum term of confinement of six |
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months is one year. |
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�������SECTION�4. The heading to Article 4413(37), Revised |
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Statutes, is amended to read as follows: |
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�������Art.�4413(37).��AUTOMOBILE BURGLARY AND�THEFT PREVENTION |
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AUTHORITY. |
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�������SECTION�5.��Sections 1(1) and (2), Article 4413(37), Revised |
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Statutes, are amended to read as follows: |
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�������������(1)��"Authority"�means the Automobile Burglary and� |
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Theft Prevention Authority. |
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�������������(2)��"Economic automobile theft" means automobile |
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burglary or�theft committed for financial gain. |
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�������SECTION�6. Section 2, Article 4413(37), Revised Statutes, is |
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amended to read as follows: |
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�������Sec.�2.��The Automobile Burglary and Theft Prevention |
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Authority is established in the Texas Department of Transportation. |
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The authority is not an advisory body to the Texas Department of |
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Transportation. |
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�������SECTION�7.��Section 6A(d), Article 4413(37), Revised |
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Statutes, is amended to read as follows: |
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�������(d)��Determinations made under this section shall be |
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performed in accordance with procedures set forth in rules adopted |
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by the authority�[Automobile Theft Prevention Authority]. �The |
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question of eligibility for a refund is not a contested case within |
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the meaning of the Administrative Procedure Act (Chapter 2001, |
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Government Code). |
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�������SECTION�8.��Section 7(b), Article 4413(37), Revised |
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Statutes, is amended to read as follows: |
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�������(b)��The plan of operation must include: |
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�������������(1)��an assessment of the scope of the problems of |
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automobile burglary or�theft and economic automobile theft, |
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including particular areas of the state where the problems are |
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greatest; |
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�������������(2)��an analysis of various methods of combating the |
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problems of automobile burglary or�theft and economic automobile |
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theft; |
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�������������(3)��a plan for providing financial support to combat |
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automobile burglary or�theft and economic automobile theft; and |
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�������������(4)��an estimate of the funds required to implement the |
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plan of operation. |
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�������SECTION�9.��Section 8(a), Article 4413(37), Revised |
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Statutes, is amended to read as follows: |
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�������(a)��Money appropriated to the department for authority |
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purposes shall be used by the authority to pay the department for |
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administrative costs and to achieve the purposes of this article, |
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including: |
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�������������(1)��establishing and funding the automobile |
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registration program required by Section 9 of this article; |
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�������������(2)��providing financial support to law enforcement |
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agencies for economic automobile theft enforcement teams; |
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�������������(3)��providing financial support to law enforcement |
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agencies, local prosecutors, judicial agencies, and neighborhood, |
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community, business, and nonprofit organizations for programs |
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designed to reduce the incidence of economic automobile theft; |
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�������������(4)��conducting educational programs designed to |
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inform automobile owners of methods of preventing automobile |
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burglary or�theft; |
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�������������(5)��providing equipment, for experimental purposes, |
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to assist automobile owners in preventing automobile burglary or� |
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theft; and |
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�������������(6)��establishing a uniform program to prevent stolen |
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motor vehicles from entering Mexico. |
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�������SECTION�10.��Section 11(a), Article 4413(37), Revised |
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Statutes, is amended to read as follows: |
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�������(a)��In this section, "automobile theft rate" means the ratio |
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of automobile burglaries or�thefts in this state to the number of |
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automobiles in this state. The ratio shall be based on statistical |
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information provided by the Department of Public Safety's uniform |
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crime reporting division. |
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�������SECTION�11.��The changes in law made by this Act to Section |
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30.04, Penal Code, and to Sections 3 and 4, Article 42.12, Code of |
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Criminal Procedure, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is covered by the law in effect when the |
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offense was committed, and the former law is continued in effect for |
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that purpose. For purposes of this section, an offense was |
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committed before the effective date of this Act if any element of |
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the offense was committed before that date. |
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�������SECTION�12.��This Act takes effect September 1, 2007. |
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____________________________________________________________ |
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���President of the SenateSpeaker of the House������ |
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�������I certify that H.B. No. 1887 was passed by the House on April |
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5, 2007, by the following vote:��Yeas 136, Nays 1, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 1887 was passed by the Senate on May |
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15, 2007, by the following vote:��Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate���� |
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APPROVED:��_____________________ |
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APPROVED:��_____________________ |
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�������������������Date���������� |
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� |
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� |
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����������_____________________ |
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�����������������Governor������� |