82R1668 MAW-D
 
  By: Fletcher H.B. No. 341
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of and the punishment for the offense of
  burglary committed while evading arrest or detention.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 30.02(a) and (d), Penal Code, are
  amended to read as follows:
         (a)  A person commits an offense if, without the effective
  consent of the owner, the person:
               (1)  enters a habitation, or a building (or any portion
  of a building) not then open to the public, with intent to evade
  arrest or detention or to commit a felony, theft, or an assault; or
               (2)  remains concealed in a building or habitation[,]
  with intent to evade arrest or detention or to commit a felony,
  theft, or an assault[, in a building or habitation]; or
               (3)  enters a building or habitation while evading or
  attempting to evade arrest or detention; or
               (4) [(3)]  enters a building or habitation and commits
  or attempts to commit a felony, theft, or an assault.
         (d)  An offense under this section is a felony of the first
  degree if:
               (1)  the premises are a habitation; and
               (2)  any party to the offense entered the habitation
  with intent to commit a felony other than felony theft or evasion of
  arrest or detention or committed or attempted to commit a felony
  other than felony theft or evasion of arrest or detention.
         SECTION 2.  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 3.  This Act takes effect September 1, 2011.