Text of section effective on September 01, 2011

(a)

1. (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.

   1. (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.
2. (e) A previous conviction for a state jail felony punished under Section 12.35(a) may not be used for enhancement purposes under Subsection (b), (c), or (d).
3. (f) For the purposes of Subsections (a), (b), (c)(1), and (e), an adjudication by a juvenile court under Section 54.03, Family Code, that a child engaged in delinquent conduct on or after January 1, 1996, constituting a felony offense for which the child is committed to the Texas Youth Commission under Section 54.04(d)(2), (d)(3), or (m), Family Code, or Section 54.05(f), Family Code, is a final felony conviction.

4. (g) For the purposes of Subsection (c)(2):

   1. (1) a defendant has been previously convicted of an offense listed under Subsection (c)(2)(B) if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision; and
   2. (2) a conviction under the laws of another state for an offense containing elements that are substantially similar to the elements of an offense listed under Subsection (c)(2)(B) is a conviction of an offense listed under Subsection (c)(2)(B).

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.

Amended by Acts 1983, 68th Leg., p. 1750, ch. 339, Sec. 1, eff. Sept. 1, 1983;

Acts 1985, 69th Leg., ch. 582, Sec. 1, eff. Sept. 1, 1985;

Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;

Acts 1995, 74th Leg., ch. 250, Sec. 1, eff. Sept. 1, 1995;

Acts 1995, 74th Leg., ch. 262, Sec. 78, eff. Jan. 1, 1996;

Acts 1995, 74th Leg., ch. 318, Sec. 1, eff. Jan. 1, 1996;

Acts 1997, 75th Leg., ch. 665, Sec. 1, 2, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 667, Sec. 4, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 62, Sec. 15.01, eff. Sept. 1, 1999;

Acts 2003, 78th Leg., ch. 283, Sec. 53, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 1005, Sec. 2, eff. Sept. 1, 2003.

Acts 2007, 80th Leg., R.S., Ch. 340 (S.B. 75), Sec. 2, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 340 (S.B. 75), Sec. 3, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch. 340 (S.B. 75), Sec. 4, eff. September 1, 2007.

Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 16.003, eff. September 1, 2013.