H.B. No. 3384
 
 
 
 
AN ACT
  relating to the penalties for repeat and habitual felony offenders.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 12.42, Penal Code, is
  amended to read as follows:
         Sec. 12.42.  PENALTIES FOR REPEAT AND HABITUAL FELONY
  OFFENDERS ON TRIAL FOR FIRST, SECOND, OR THIRD DEGREE FELONY.
         SECTION 2.  Sections 12.42(a) and (b), Penal Code, are
  amended to read as follows:
         (a)  [(1) If it is shown on the trial of a state jail felony
  punishable under Section 12.35(a) that the defendant has previously
  been finally convicted of two state jail felonies, on conviction
  the defendant shall be punished for a third-degree felony.
               [(2)     If it is shown on the trial of a state jail felony
  punishable under Section 12.35(a) that the defendant has previously
  been finally convicted of two felonies, and the second previous
  felony conviction is for an offense that occurred subsequent to the
  first previous conviction having become final, on conviction the
  defendant shall be punished for a second-degree felony.
               [(3)]  Except as provided by Subsection (c)(2), 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 of the
  third degree that the defendant has previously been finally [once
  before] convicted of a felony other than a state jail felony
  punishable under Section 12.35(a), on conviction the defendant [he]
  shall be punished for a [second-degree] felony of the second
  degree.
         (b)  Except as provided by Subsection (c)(2), if it is shown
  on the trial of a [second-degree] felony of the second degree that
  the defendant has previously been finally [once before] convicted
  of a felony other than a state jail felony punishable under Section
  12.35(a), on conviction the defendant [he] shall be punished for a
  [first-degree] felony of the first degree.
         SECTION 3.  Section 12.42(c), Penal Code, is amended by
  amending Subdivision (1) and adding Subdivision (5) to read as
  follows:
               (1)  If it is shown on the trial of a [first-degree]
  felony of the first degree that the defendant has previously been
  finally [once before] convicted of a felony other than a state jail
  felony punishable under Section 12.35(a), on conviction the
  defendant [he] shall be punished by imprisonment in the Texas
  Department of Criminal Justice for life, or for any term of not more
  than 99 years or less than 15 years.  In addition to imprisonment,
  an individual may be punished by a fine not to exceed $10,000.
               (5)  A previous conviction for a state jail felony
  punishable under Section 12.35(a) may not be used for enhancement
  purposes under Subdivision (2).
         SECTION 4.  Section 12.42(d), Penal Code, is amended to read
  as follows:
         (d)  Except as provided by Subsection (c)(2), 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 the defendant [he] shall be punished by imprisonment in
  the Texas Department of Criminal Justice for life, or for any term
  of not more than 99 years or less than 25 years. A previous
  conviction for a state jail felony punishable under Section
  12.35(a) may not be used for enhancement purposes under this
  subsection.
         SECTION 5.  Subchapter D, Chapter 12, Penal Code, is amended
  by adding Section 12.425 to read as follows:
         Sec. 12.425.  PENALTIES FOR REPEAT AND HABITUAL FELONY
  OFFENDERS ON TRIAL FOR STATE JAIL FELONY. (a)  If it is shown on
  the trial of a state jail felony punishable under Section 12.35(a)
  that the defendant has previously been finally convicted of two
  state jail felonies punishable under Section 12.35(a), on
  conviction the defendant shall be punished for a felony of the third
  degree.
         (b)  If it is shown on the trial of a state jail felony
  punishable under Section 12.35(a) that the defendant has previously
  been finally convicted of two felonies other than a state jail
  felony punishable under Section 12.35(a), and the second previous
  felony conviction is for an offense that occurred subsequent to the
  first previous conviction having become final, on conviction the
  defendant shall be punished for a felony of the second degree.
         (c)  If it is shown on the trial of a state jail felony for
  which punishment may be enhanced under Section 12.35(c) that the
  defendant has previously been finally convicted of a felony other
  than a state jail felony punishable under Section 12.35(a), on
  conviction the defendant shall be punished for a felony of the
  second degree.
         SECTION 6.  Section 12.42(e), Penal Code, is repealed.
         SECTION 7.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 8.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3384 was passed by the House on May 3,
  2011, by the following vote:  Yeas 141, Nays 3, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3384 was passed by the Senate on May
  25, 2011, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor