85R7668 JSC-D     By: Canales H.B. No. 2679       A BILL TO BE ENTITLED   AN ACT   relating to the use of certain previous convictions for enhancing   the penalty for certain subsequent offenses.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended   by adding Section 12.415 to read as follows:          Sec. 12.415.  CLASSIFICATION OF CERTAIN PREVIOUS OFFENSES   FOR PURPOSES OF SUBSEQUENT ENHANCEMENT. (a) This section applies   only to an offense for which the penalty was enhanced as the result   of a previous conviction under the terms of a provision other than a   provision under this subchapter.          (b)  A defendant's conviction of an offense described by   Subsection (a) may be used to enhance the penalty for a subsequent   offense for purposes of this subchapter based only on the class or   degree of offense otherwise applicable to the offense described by   Subsection (a) if the state had not proved the previous conviction.          SECTION 2.  The change in law made by this Act applies only   to the enhancement of punishment under Subchapter D, Chapter 12,   Penal Code, for 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, 2017.