The jury here was instructed that if they granted probation the court could require that appellant serve one-third of his sentence. Appellant mistakenly relies on the case of Hayles v. State, 644 S.W.2d 762 (Tex.App.-Beaumont 1982, no pet.). The Court of Appeals in that case noted that the Texas Legislature amended sec. 3a of art. 42.13 effective January 1, 1982, because: