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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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Governor |