S.B. No. 75
 
 
 
 
AN ACT
  relating to penalties for certain repeat and habitual felony sex
  offenders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivision (3), Subsection (a), Section 12.42,
  Penal Code, is amended to read as follows:
               (3)  Except as provided by Subsection (c)(2), if [If]
  it is shown on the trial of a state jail felony punishable under
  Section 12.35(c) or on the trial of a third-degree felony that the
  defendant has been once before convicted of a felony, on conviction
  he shall be punished for a second-degree felony.
         SECTION 2.  Subsection (b), Section 12.42, Penal Code, is
  amended to read as follows:
         (b)  Except as provided by Subsection (c)(2), if [If] it is
  shown on the trial of a second-degree felony that the defendant has
  been once before convicted of a felony, on conviction he shall be
  punished for a first-degree felony.
         SECTION 3.  Subdivision (2), Subsection (c), Section 12.42,
  Penal Code, is amended to read as follows:
               (2)  A defendant shall be punished by imprisonment in
  the institutional division for life if:
                     (A)  the defendant is convicted of an offense:
                           (i)  under Section 21.11(a)(1), 22.021, or
  22.011, Penal Code;
                           (ii)  under Section 20.04(a)(4), Penal Code,
  if the defendant committed the offense with the intent to violate or
  abuse the victim sexually; or
                           (iii)  under Section 30.02, Penal Code,
  punishable under Subsection (d) of that section, if the defendant
  committed the offense with the intent to commit a felony described
  by Subparagraph (i) or (ii) or a felony under Section 21.11 or
  22.011, Penal Code; and
                     (B)  the defendant has been previously convicted
  of an offense:
                           (i)  under Section 43.25 or 43.26, Penal
  Code, or an offense under Section 43.23, Penal Code, punishable
  under Subsection (h) of that section;
                           (ii)  under Section 21.11, 22.011, 22.021,
  or 25.02, Penal Code;
                           (iii)  under Section 20.04(a)(4), Penal
  Code, if the defendant committed the offense with the intent to
  violate or abuse the victim sexually;
                           (iv)  under Section 30.02, Penal Code,
  punishable under Subsection (d) of that section, if the defendant
  committed the offense with the intent to commit a felony described
  by Subparagraph (ii) or (iii); or
                           (v)  under the laws of another state
  containing elements that are substantially similar to the elements
  of an offense listed in Subparagraph (i), (ii), (iii), or (iv).
         SECTION 4.  Subsection (d), Section 12.42, Penal Code, is
  amended to read as follows:
         (d)  Except as provided by Subsection (c)(2), if [If] it is
  shown on the trial of a felony offense other than a state jail
  felony punishable under Section 12.35(a) that the defendant has
  previously been finally convicted of two felony offenses, and the
  second previous felony conviction is for an offense that occurred
  subsequent to the first previous conviction having become final, on
  conviction he shall be punished by imprisonment in the
  institutional division of the Texas Department of Criminal Justice
  for life, or for any term of not more than 99 years or less than 25
  years.
         SECTION 5.  The change in law made by this Act applies only
  to an offense committed on or after September 1, 2007. An offense
  committed before September 1, 2007, is governed by the law in effect
  when the offense was committed, and the former law is continued in
  effect for that purpose. For the purposes of this section, an
  offense was committed before September 1, 2007, if any element of
  the offense was committed before that date.
         SECTION 6.  This Act takes effect September 1, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 75 passed the Senate on
  March 29, 2007, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 75 passed the House on
  May 15, 2007, by the following vote:  Yeas 142, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor