85R1291 KJE-D     By: Murphy H.B. No. 1078       A BILL TO BE ENTITLED   AN ACT   relating to the punishment for the offense of burglary of a vehicle;   increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 30.04(d) and (e), Penal Code, are   amended to read as follows:          (d)  An offense under this section is a state jail felony   [Class A misdemeanor], except that:                (1)  the offense is a state jail felony [Class A   misdemeanor] with a  minimum term of confinement of one year [six   months] if it is shown on the trial of the offense that the   defendant has been previously convicted of an offense under this   section; and                (2)  the offense is a [state jail] felony of the third   degree if[:                      [(A)]  it is shown on the trial of the offense that   the defendant has been previously convicted two or more times of an   offense under this section[; or                      [(B)     the vehicle or part of the vehicle broken   into or entered is a rail car].          (e)  It is a defense to prosecution under this section that   the actor:                (1)  entered a rail car or any part of a rail car,   including a container or trailer carried on a rail car; and                (2)  was at that time an employee or a representative of   employees exercising a right under the Railway Labor Act (45 U.S.C.   Section 151 et seq.).          SECTION 2.  Article 42A.304(b), Code of Criminal Procedure,   is amended to read as follows:          (b)  The amount of community service work ordered by the   judge may not exceed:                (1)  1,000 hours for an offense classified as a first   degree felony;                (2)  800 hours for an offense classified as a second   degree felony;                (3)  600 hours for:                      (A)  an offense classified as a third degree   felony; or                      (B)  an offense under Section 30.04, Penal Code,   classified as a state jail felony [Class A misdemeanor];                (4)  400 hours for an offense classified as a state jail   felony;                (5)  200 hours for:                      (A)  an offense classified as a Class A   misdemeanor, other than an offense described by Subdivision (3)(B);   or                      (B)  a misdemeanor for which the maximum   permissible confinement, if any, exceeds six months or the maximum   permissible fine, if any, exceeds $4,000; and                (6)  100 hours for:                      (A)  an offense classified as a Class B   misdemeanor; or                      (B)  a misdemeanor for which the maximum   permissible confinement, if any, does not exceed six months and the   maximum permissible fine, if any, does not exceed $4,000.          SECTION 3.  The following provisions are repealed:                (1)  Article 42A.057, Code of Criminal Procedure; and                (2)  Section 30.04(c), Penal Code.          SECTION 4.  The changes in law made by this Act apply 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 when 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 5.  This Act takes effect September 1, 2017.