I have a defendant with a prior burglary of a habitation (and some misdemeanors). He has committed the Transportation Code offense of leaving the scene of an accident. There is a separate punishment range of up to 5 years and up to a $5000 fine. Is that enhanceable with the prior 2df burglary? What would it enhance to?

From reading PC Sec. 12.41 it appears it would be treated as a third degree felony. It also appears that PC Sec. 12.42(a)(3) would permit an enhancement to a second degree felony since it does not specify only third degree offenses charged under the PC.

I think you are right. Thanks very much for pointing me in the right direction.