By: Place H.B. No. 1235
73R1679 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to offenses and punishments under the Penal Code, to
1-3 offenses and punishments involving controlled substances, simulated
1-4 controlled substances, dangerous drugs, and abusable glues and
1-5 aerosol paints, and to the civil consequences of certain offenses
1-6 involving intoxication; providing conforming amendments.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1
1-9 SECTION 1.01. The Penal Code is amended to read as follows:
1-10 TITLE 1. INTRODUCTORY PROVISIONS
1-11 CHAPTER 1. GENERAL PROVISIONS
1-12 Sec. 1.01. SHORT TITLE. This code shall be known and may be
1-13 cited as the Penal Code.
1-14 Sec. 1.02. Objectives of Code. The general purposes of this
1-15 code are to establish a system of prohibitions, penalties, and
1-16 correctional measures to deal with conduct that unjustifiably and
1-17 inexcusably causes or threatens harm to those individual or public
1-18 interests for which state protection is appropriate. To this end,
1-19 the provisions of this code are intended, and shall be construed,
1-20 to achieve the following objectives:
1-21 (1) to insure the public safety through:
1-22 (A) the deterrent influence of the penalties
1-23 hereinafter provided;
1-24 (B) the rehabilitation of those convicted of
2-1 violations of this code; and
2-2 (C) such punishment as may be necessary to
2-3 prevent likely recurrence of criminal behavior;
2-4 (2) by definition and grading of offenses to give fair
2-5 warning of what is prohibited and of the consequences of violation;
2-6 (3) to prescribe penalties that are proportionate to
2-7 the seriousness of offenses and that permit recognition of
2-8 differences in rehabilitation possibilities among individual
2-9 offenders;
2-10 (4) to safeguard conduct that is without guilt from
2-11 condemnation as criminal;
2-12 (5) to guide and limit the exercise of official
2-13 discretion in law enforcement to prevent arbitrary or oppressive
2-14 treatment of persons suspected, accused, or convicted of offenses;
2-15 and
2-16 (6) to define the scope of state interest in law
2-17 enforcement against specific offenses and to systematize the
2-18 exercise of state criminal jurisdiction.
2-19 Sec. 1.03. Effect of Code. (a) Conduct does not constitute
2-20 an offense unless it is defined as an offense by statute, municipal
2-21 ordinance, order of a county commissioners court, or rule
2-22 authorized by and lawfully adopted under a statute.
2-23 (b) The provisions of Titles 1, 2, and 3 <of this code>
2-24 apply to offenses defined by other laws, unless the statute
2-25 defining the offense provides otherwise; however, the punishment
2-26 affixed to an offense defined outside this code shall be applicable
2-27 unless the punishment is classified in accordance with this code.
3-1 (c) This code does not bar, suspend, or otherwise affect a
3-2 right or liability to damages, penalty, forfeiture, or other remedy
3-3 authorized by law to be recovered or enforced in a civil suit for
3-4 conduct this code defines as an offense, and the civil injury is
3-5 not merged in the offense.
3-6 Sec. 1.04. Territorial Jurisdiction. (a) This state has
3-7 jurisdiction over an offense that a person commits by his own
3-8 conduct or the conduct of another for which he is criminally
3-9 responsible if:
3-10 (1) either the conduct or a result that is an element
3-11 of the offense occurs inside this state;
3-12 (2) the conduct outside this state constitutes an
3-13 attempt to commit an offense inside this state;
3-14 (3) the conduct outside this state constitutes a
3-15 conspiracy to commit an offense inside this state, and an act in
3-16 furtherance of the conspiracy occurs inside this state; or
3-17 (4) the conduct inside this state constitutes an
3-18 attempt, solicitation, or conspiracy to commit, or establishes
3-19 criminal responsibility for the commission of, an offense in
3-20 another jurisdiction that is also an offense under the laws of this
3-21 state.
3-22 (b) If the offense is criminal homicide, a "result" is
3-23 either the physical impact causing death or the death itself. If
3-24 the body of a criminal homicide victim is found in this state, it
3-25 is presumed that the death occurred in this state. If death alone
3-26 is the basis for jurisdiction, it is a defense to the exercise of
3-27 jurisdiction by this state that the conduct that constitutes the
4-1 offense is not made criminal in the jurisdiction where the conduct
4-2 occurred.
4-3 (c) An offense based on an omission to perform a duty
4-4 imposed on an actor by a statute of this state is committed inside
4-5 this state regardless of the location of the actor at the time of
4-6 the offense.
4-7 (d) This state includes the land and water <(>and the air
4-8 space above the land and water<)> over which this state has power
4-9 to define offenses.
4-10 Sec. 1.05. Construction of Code. (a) The rule that a penal
4-11 statute is to be strictly construed does not apply to this code.
4-12 The provisions of this code shall be construed according to the
4-13 fair import of their terms, to promote justice and effect the
4-14 objectives of the code.
4-15 (b) Unless a different construction is required by the
4-16 context, Sections 311.011, 311.012, 311.014, 311.015, and 311.021
4-17 through 311.032 of <the Code Construction Act (>Chapter 311,
4-18 Government Code (Code Construction Act), apply to the construction
4-19 of this code.
4-20 (c) In this code:
4-21 (1) a reference to a title, chapter, or section
4-22 without further identification is a reference to a title, chapter,
4-23 or section of this code; and
4-24 (2) a reference to a subchapter, subsection,
4-25 subdivision, paragraph, or other numbered or lettered unit without
4-26 further identification is a reference to a unit of the next-larger
4-27 unit of this code in which the reference appears.
5-1 Sec. 1.06. Computation of Age. A person attains a specified
5-2 age on the day of the anniversary of his birthdate.
5-3 Sec. 1.07. Definitions. (a) In this code:
5-4 (1) "Act" means a bodily movement, whether voluntary
5-5 or involuntary, and includes speech.
5-6 (2) "Actor" <"Suspect"> means a person whose criminal
5-7 responsibility is in issue in a criminal action. Whenever the term
5-8 "suspect" <"actor"> is used in this code, it means "actor."
5-9 <"suspect.">
5-10 (3) "Agency" includes authority, board, bureau,
5-11 commission, committee, council, department, district, division, and
5-12 office.
5-13 (4) "Alcoholic beverage" has the meaning assigned by
5-14 Section 1.04, Alcoholic Beverage Code.
5-15 (5) <(4)> "Another" means a person other than the
5-16 actor.
5-17 (6) <(5)> "Association" means a government or
5-18 governmental subdivision or agency, trust, partnership, or two or
5-19 more persons having a joint or common economic interest.
5-20 (7) <(6)> "Benefit" means anything reasonably regarded
5-21 as economic gain or advantage, including benefit to any other
5-22 person in whose welfare the beneficiary is interested.
5-23 (8) <(7)> "Bodily injury" means physical pain,
5-24 illness, or any impairment of physical condition.
5-25 (9) "Community supervision" means the placement of a
5-26 defendant by a court under a continuum of programs and sanctions
5-27 with conditions imposed by the court for a specified period.
6-1 (10) <(8)> "Conduct" means an act or omission and its
6-2 accompanying mental state.
6-3 (11) <(9)> "Consent" means assent in fact, whether
6-4 express or apparent.
6-5 (12) "Controlled substance" has the meaning assigned
6-6 by Section 481.002, Health and Safety Code.
6-7 (13) <(9.1)> "Corporation" includes nonprofit
6-8 corporations, professional associations created pursuant to
6-9 statute, and joint stock companies.
6-10 (14) "Correctional facility" means a place designated
6-11 by law for the confinement of a person arrested for, charged with,
6-12 or convicted of a criminal offense. The term includes:
6-13 (A) a municipal or county jail;
6-14 (B) a confinement facility operated by the Texas
6-15 Department of Criminal Justice;
6-16 (C) a confinement facility operated under
6-17 contract with any division of the Texas Department of Criminal
6-18 Justice; and
6-19 (D) a community corrections facility operated by
6-20 a community supervision and corrections department.
6-21 (15) <(10)> "Criminal negligence" is defined in
6-22 Section 6.03 <of this code> (Culpable Mental States).
6-23 (16) "Dangerous drug" has the meaning assigned by
6-24 Section 483.001, Health and Safety Code.
6-25 (17) <(11)> "Deadly weapon" means:
6-26 (A) a firearm or anything manifestly designed,
6-27 made, or adapted for the purpose of inflicting death or serious
7-1 bodily injury; or
7-2 (B) anything that in the manner of its use or
7-3 intended use is capable of causing death or serious bodily injury.
7-4 (18) "Drug" has the meaning assigned by Section
7-5 481.002, Health and Safety Code.
7-6 (19) <(12)> "Effective consent" includes consent by a
7-7 person legally authorized to act for the owner. Consent is not
7-8 effective if:
7-9 (A) induced by force, threat, or fraud;
7-10 (B) given by a person the actor knows is not
7-11 legally authorized to act for the owner;
7-12 (C) given by a person who by reason of youth,
7-13 mental disease or defect, or intoxication is known by the actor to
7-14 be unable to make reasonable decisions; or
7-15 (D) given solely to detect the commission of an
7-16 offense.
7-17 (20) "Electric generating plant" means a facility that
7-18 generates electric energy for distribution to the public.
7-19 (21) "Electric utility substation" means a facility
7-20 used to switch or change voltage in connection with the
7-21 transmission of electric energy for distribution to the public.
7-22 (22) <(13)> "Element of offense" means:
7-23 (A) the forbidden conduct;
7-24 (B) the required culpability;
7-25 (C) any required result; and
7-26 (D) the negation of any exception to the
7-27 offense.
8-1 (23) <(14)> "Felony" means an offense so designated by
8-2 law or punishable by death or confinement in a penitentiary.
8-3 (24) <(15)> "Government" means:
8-4 (A) the state;
8-5 (B) a county, municipality, or political
8-6 subdivision of the state; or
8-7 (C) any branch or agency of the state, a county,
8-8 municipality, or political subdivision.
8-9 (25) <(16)> "Harm" means anything reasonably regarded
8-10 as loss, disadvantage, or injury, including harm to another person
8-11 in whose welfare the person affected is interested.
8-12 (26) <(17)> "Individual" means a human being who has
8-13 been born and is alive.
8-14 (27) "Institutional division" means the institutional
8-15 division of the Texas Department of Criminal Justice.
8-16 (28) <(18)> "Intentional" is defined in Section 6.03
8-17 <of this code> (Culpable Mental States).
8-18 (29) <(19)> "Knowing" is defined in Section 6.03 <of
8-19 this code> (Culpable Mental States).
8-20 (30) <(20)> "Law" means the constitution or a statute
8-21 of this state or of the United States, a written opinion of a court
8-22 of record, a municipal ordinance, an order of a county
8-23 commissioners court, or a rule authorized by and lawfully adopted
8-24 under a statute.
8-25 (31) <(21)> "Misdemeanor" means an offense so
8-26 designated by law or punishable by fine, by confinement in jail, or
8-27 by both fine and confinement in jail.
9-1 (32) <(22)> "Oath" includes affirmation.
9-2 (33) <(23)> "Omission" means failure to act.
9-3 (34) <(24)> "Owner" means a person who:
9-4 (A) has title to the property, possession of the
9-5 property, whether lawful or not, or a greater right to possession
9-6 of the property than the actor; or
9-7 (B) is a holder in due course of a negotiable
9-8 instrument.
9-9 (35) "Participant in a court proceeding" means a
9-10 judge, a prosecuting attorney or an assistant prosecuting attorney
9-11 who represents the state, a grand juror, a party in a court
9-12 proceeding, an attorney representing a party, a witness, or a
9-13 juror.
9-14 (36) <(25)> "Peace officer" means a person elected,
9-15 employed, or appointed as a peace officer under Article 2.12, Code
9-16 of Criminal Procedure, Section 51.212 or 51.214, Education Code, or
9-17 other law.
9-18 (37) <(26) "Penal institution" means a place
9-19 designated by law for confinement of persons arrested for, charged
9-20 with, or convicted of an offense.>
9-21 <(27)> "Person" means an individual, corporation, or
9-22 association.
9-23 (38) <(28)> "Possession" means actual care, custody,
9-24 control, or management.
9-25 (39) <(29)> "Public place" means any place to which
9-26 the public or a substantial group of the public has access and
9-27 includes, but is not limited to, streets, highways, and the common
10-1 areas of schools, hospitals, apartment houses, office buildings,
10-2 transport facilities, and shops.
10-3 (40) <(30)> "Public servant" means a person elected,
10-4 selected, appointed, employed, or otherwise designated as one of
10-5 the following, even if he has not yet qualified for office or
10-6 assumed his duties:
10-7 (A) an officer, employee, or agent of
10-8 government;
10-9 (B) a juror or grand juror; or
10-10 (C) an arbitrator, referee, or other person who
10-11 is authorized by law or private written agreement to hear or
10-12 determine a cause or controversy; or
10-13 (D) an attorney at law or notary public when
10-14 participating in the performance of a governmental function; or
10-15 (E) a candidate for nomination or election to
10-16 public office; or
10-17 (F) a person who is performing a governmental
10-18 function under a claim of right although he is not legally
10-19 qualified to do so.
10-20 (41) <(31)> "Reasonable belief" means a belief that
10-21 would be held by an ordinary and prudent man in the same
10-22 circumstances as the actor.
10-23 (42) <(32)> "Reckless" is defined in Section 6.03 <of
10-24 this code> (Culpable Mental States).
10-25 (43) <(33)> "Rule" includes regulation.
10-26 (44) "Secure correctional facility" means:
10-27 (A) a municipal or county jail;
11-1 (B) a prison unit operated by the institutional
11-2 division other than a trusty camp; or
11-3 (C) a prison unit operated under a contract with
11-4 the institutional division.
11-5 (45) <(34)> "Serious bodily injury" means bodily
11-6 injury that creates a substantial risk of death or that causes
11-7 death, serious permanent disfigurement, or protracted loss or
11-8 impairment of the function of any bodily member or organ.
11-9 (46) <(35)> "Swear" includes affirm.
11-10 (47) <(36)> "Unlawful" means criminal or tortious or
11-11 both and includes what would be criminal or tortious but for a
11-12 defense not amounting to justification or privilege.
11-13 <(37) "Electric generating plant" means a facility
11-14 that generates electric energy for distribution to the public.>
11-15 <(38) "Electric utility substation" means a facility
11-16 used to switch or change voltage in connection with the
11-17 transmission of electric energy for distribution to the public.>
11-18 <(40) "Participant in a court proceeding" means a
11-19 judge, a prosecuting attorney or an assistant prosecuting attorney
11-20 who represents the state, a grand juror, a party in a court
11-21 proceeding, an attorney representing a party, a witness, or a
11-22 juror.>
11-23 (b) The definition of a term in this code applies to each
11-24 grammatical variation of the term.
11-25 Sec. 1.08. PREEMPTION. No governmental subdivision or
11-26 agency may enact or enforce a law that makes any conduct covered by
11-27 this code an offense subject to a criminal penalty. This section
12-1 shall apply only as long as the law governing the conduct
12-2 proscribed by this code is legally enforceable.
12-3 CHAPTER 2. BURDEN OF PROOF
12-4 Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT. All persons are
12-5 presumed to be innocent and no person may be convicted of an
12-6 offense unless each element of the offense is proved beyond a
12-7 reasonable doubt. The fact that he has been arrested, confined, or
12-8 indicted for, or otherwise charged with, the offense gives rise to
12-9 no inference of guilt at his trial.
12-10 Sec. 2.02. EXCEPTION. (a) An exception to an offense in
12-11 this code is so labeled by the phrase: "It is an exception to the
12-12 application of . . . ."
12-13 (b) The prosecuting attorney must negate the existence of an
12-14 exception in the accusation charging commission of the offense and
12-15 prove beyond a reasonable doubt that the defendant or defendant's
12-16 conduct does not fall within the exception.
12-17 (c) This section does not affect exceptions applicable to
12-18 offenses enacted prior to the effective date of this code.
12-19 Sec. 2.03. DEFENSE. (a) A defense to prosecution for an
12-20 offense in this code is so labeled by the phrase: "It is a defense
12-21 to prosecution . . . ."
12-22 (b) The prosecuting attorney is not required to negate the
12-23 existence of a defense in the accusation charging commission of the
12-24 offense.
12-25 (c) The issue of the existence of a defense is not submitted
12-26 to the jury unless evidence is admitted supporting the defense.
12-27 (d) If the issue of the existence of a defense is submitted
13-1 to the jury, the court shall charge that a reasonable doubt on the
13-2 issue requires that the defendant be acquitted.
13-3 (e) A ground of defense in a penal law that is not plainly
13-4 labeled in accordance with this chapter has the procedural and
13-5 evidentiary consequences of a defense.
13-6 Sec. 2.04. AFFIRMATIVE DEFENSE. (a) An affirmative defense
13-7 in this code is so labeled by the phrase: "It is an affirmative
13-8 defense to prosecution . . . ."
13-9 (b) The prosecuting attorney is not required to negate the
13-10 existence of an affirmative defense in the accusation charging
13-11 commission of the offense.
13-12 (c) The issue of the existence of an affirmative defense is
13-13 not submitted to the jury unless evidence is admitted supporting
13-14 the defense.
13-15 (d) If the issue of the existence of an affirmative defense
13-16 is submitted to the jury, the court shall charge that the defendant
13-17 must prove the affirmative defense by a preponderance of evidence.
13-18 Sec. 2.05. PRESUMPTION. When this code or another penal law
13-19 establishes a presumption with respect to any fact, it has the
13-20 following consequences:
13-21 (1) if there is sufficient evidence of the facts that
13-22 give rise to the presumption, the issue of the existence of the
13-23 presumed fact must be submitted to the jury, unless the court is
13-24 satisfied that the evidence as a whole clearly precludes a finding
13-25 beyond a reasonable doubt of the presumed fact; and
13-26 (2) if the existence of the presumed fact is submitted
13-27 to the jury, the court shall charge the jury, in terms of the
14-1 presumption and the specific element to which it applies, as
14-2 follows:
14-3 (A) that the facts giving rise to the
14-4 presumption must be proven beyond a reasonable doubt;
14-5 (B) that if such facts are proven beyond a
14-6 reasonable doubt the jury may find that the element of the offense
14-7 sought to be presumed exists, but it is not bound to so find;
14-8 (C) that even though the jury may find the
14-9 existence of such element, the state must prove beyond a reasonable
14-10 doubt each of the other elements of the offense charged; and
14-11 (D) if the jury has a reasonable doubt as to the
14-12 existence of a fact or facts giving rise to the presumption, the
14-13 presumption fails and the jury shall not consider the presumption
14-14 for any purpose.
14-15 CHAPTER 3. MULTIPLE PROSECUTIONS
14-16 Sec. 3.01. DEFINITION. In this chapter, "criminal episode"
14-17 means the commission of two or more offenses, regardless of whether
14-18 the harm is directed toward or inflicted upon more than one person
14-19 or item of property, under the following circumstances:
14-20 (1) the offenses are committed pursuant to the same
14-21 transaction or pursuant to two or more transactions that are
14-22 connected or constitute a common scheme or plan; or
14-23 (2) the offenses are the repeated commission of the
14-24 same or similar offenses.
14-25 Sec. 3.02. CONSOLIDATION AND JOINDER OF PROSECUTIONS. (a)
14-26 A defendant may be prosecuted in a single criminal action for all
14-27 offenses arising out of the same criminal episode.
15-1 (b) When a single criminal action is based on more than one
15-2 charging instrument within the jurisdiction of the trial court, the
15-3 state shall file written notice of the action not less than 30 days
15-4 prior to the trial.
15-5 (c) If a judgment of guilt is reversed, set aside, or
15-6 vacated, and a new trial ordered, the state may not prosecute in a
15-7 single criminal action in the new trial any offense not joined in
15-8 the former prosecution unless evidence to establish probable guilt
15-9 for that offense was not known to the appropriate prosecuting
15-10 official at the time the first prosecution commenced.
15-11 Sec. 3.03. Sentences for Offenses Arising Out of Same
15-12 Criminal Episode. When the accused is found guilty of more than
15-13 one offense arising out of the same criminal episode prosecuted in
15-14 a single criminal action, sentence for each offense for which he
15-15 has been found guilty shall be pronounced. Such sentences shall
15-16 run concurrently.
15-17 Sec. 3.04. Severance. (a) Whenever two or more offenses
15-18 have been consolidated or joined for trial under Section 3.02 <of
15-19 this code>, the defendant shall have a right to a severance of the
15-20 offenses.
15-21 (b) In the event of severance under this section, the
15-22 provisions of Section 3.03 <of this code> do not apply, and the
15-23 court in its discretion may order the sentences to run either
15-24 concurrently or consecutively.
15-25 TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
15-26 CHAPTER 6. CULPABILITY GENERALLY
15-27 Sec. 6.01. Requirement of Voluntary Act or Omission. (a) A
16-1 person commits an offense only if he voluntarily engages in
16-2 conduct, including an act, an omission, or possession.
16-3 (b) Possession is a voluntary act if the possessor knowingly
16-4 obtains or receives the thing possessed or is aware of his control
16-5 of the thing for a sufficient time to permit him to terminate his
16-6 control.
16-7 (c) A person who omits to perform an act does not commit an
16-8 offense unless a statute provides that the omission is an offense
16-9 or otherwise provides that he has a duty to perform the act.
16-10 Sec. 6.02. Requirement of Culpability. (a) Except as
16-11 provided in Subsection (b) <of this section>, a person does not
16-12 commit an offense unless he intentionally, knowingly, recklessly,
16-13 or with criminal negligence engages in conduct as the definition of
16-14 the offense requires.
16-15 (b) If the definition of an offense does not prescribe a
16-16 culpable mental state, a culpable mental state is nevertheless
16-17 required unless the definition plainly dispenses with any mental
16-18 element.
16-19 (c) If the definition of an offense does not prescribe a
16-20 culpable mental state, but one is nevertheless required under
16-21 Subsection (b) <of this section>, intent, knowledge, or
16-22 recklessness suffices to establish criminal responsibility.
16-23 (d) Culpable mental states are classified according to
16-24 relative degrees, from highest to lowest, as follows:
16-25 (1) intentional;
16-26 (2) knowing;
16-27 (3) reckless;
17-1 (4) criminal negligence.
17-2 (e) Proof of a higher degree of culpability than that
17-3 charged constitutes proof of the culpability charged.
17-4 Sec. 6.03. Definitions of Culpable Mental States. (a) A
17-5 person acts intentionally, or with intent, with respect to the
17-6 nature of his conduct or to a result of his conduct when it is his
17-7 conscious objective or desire to engage in the conduct or cause the
17-8 result.
17-9 (b) A person acts knowingly, or with knowledge, with respect
17-10 to the nature of his conduct or to circumstances surrounding his
17-11 conduct when he is aware of the nature of his conduct or that the
17-12 circumstances exist. A person acts knowingly, or with knowledge,
17-13 with respect to a result of his conduct when he is aware that his
17-14 conduct is reasonably certain to cause the result.
17-15 (c) A person acts recklessly, or is reckless, with respect
17-16 to circumstances surrounding his conduct or the result of his
17-17 conduct when he is aware of but consciously disregards a
17-18 substantial and unjustifiable risk that the circumstances exist or
17-19 the result will occur. The risk must be of such a nature and
17-20 degree that its disregard constitutes a gross deviation from the
17-21 standard of care that an ordinary person would exercise under all
17-22 the circumstances as viewed from the actor's standpoint.
17-23 (d) A person acts with criminal negligence, or is criminally
17-24 negligent, with respect to circumstances surrounding his conduct or
17-25 the result of his conduct when he ought to be aware of a
17-26 substantial and unjustifiable risk that the circumstances exist or
17-27 the result will occur. The risk must be of such a nature and
18-1 degree that the failure to perceive it constitutes a gross
18-2 deviation from the standard of care that an ordinary person would
18-3 exercise under all the circumstances as viewed from the actor's
18-4 standpoint.
18-5 Sec. 6.04. Causation: Conduct and Results. (a) A person
18-6 is criminally responsible if the result would not have occurred but
18-7 for his conduct, operating either alone or concurrently with
18-8 another cause, unless the concurrent cause was clearly sufficient
18-9 to produce the result and the conduct of the actor clearly
18-10 insufficient.
18-11 (b) A person is nevertheless criminally responsible for
18-12 causing a result if the only difference between what actually
18-13 occurred and what he desired, contemplated, or risked is that:
18-14 (1) a different offense was committed; or
18-15 (2) a different person or property was injured,
18-16 harmed, or otherwise affected.
18-17 CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
18-18 SUBCHAPTER A. COMPLICITY
18-19 Sec. 7.01. Parties to Offenses. (a) A person is criminally
18-20 responsible as a party to an offense if the offense is committed by
18-21 his own conduct, by the conduct of another for which he is
18-22 criminally responsible, or by both.
18-23 (b) Each party to an offense may be charged with commission
18-24 of the offense.
18-25 (c) All traditional distinctions between accomplices and
18-26 principals are abolished by this section, and each party to an
18-27 offense may be charged and convicted without alleging that he acted
19-1 as a principal or accomplice.
19-2 Sec. 7.02. Criminal Responsibility for Conduct of Another.
19-3 (a) A person is criminally responsible for an offense committed by
19-4 the conduct of another if:
19-5 (1) acting with the kind of culpability required for
19-6 the offense, he causes or aids an innocent or nonresponsible person
19-7 to engage in conduct prohibited by the definition of the offense;
19-8 (2) acting with intent to promote or assist the
19-9 commission of the offense, he solicits, encourages, directs, aids,
19-10 or attempts to aid the other person to commit the offense; or
19-11 (3) having a legal duty to prevent commission of the
19-12 offense and acting with intent to promote or assist its commission,
19-13 he fails to make a reasonable effort to prevent commission of the
19-14 offense.
19-15 (b) If, in the attempt to carry out a conspiracy to commit
19-16 one felony, another felony is committed by one of the conspirators,
19-17 all conspirators are guilty of the felony actually committed,
19-18 though having no intent to commit it, if the offense was committed
19-19 in furtherance of the unlawful purpose and was one that should have
19-20 been anticipated as a result of the carrying out of the conspiracy.
19-21 Sec. 7.03. Defenses Excluded. In a prosecution in which an
19-22 actor's criminal responsibility is based on the conduct of another,
19-23 the actor may be convicted on proof of commission of the offense
19-24 and that he was a party to its commission, and it is no defense:
19-25 (1) that the actor belongs to a class of persons that
19-26 by definition of the offense is legally incapable of committing the
19-27 offense in an individual capacity; or
20-1 (2) that the person for whose conduct the actor is
20-2 criminally responsible has been acquitted, has not been prosecuted
20-3 or convicted, has been convicted of a different offense or of a
20-4 different type or class of offense, or is immune from prosecution.
20-5 (Sections 7.04-7.20 reserved for expansion)
20-6 SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS
20-7 Sec. 7.21. Definitions. In this subchapter:
20-8 (1) "Agent" means a director, officer, employee, or
20-9 other person authorized to act in behalf of a corporation or
20-10 association.
20-11 (2) "High managerial agent" means:
20-12 (A) a partner in a partnership;
20-13 (B) an officer of a corporation or association;
20-14 (C) an agent of a corporation or association who
20-15 has duties of such responsibility that his conduct reasonably may
20-16 be assumed to represent the policy of the corporation or
20-17 association.
20-18 Sec. 7.22. Criminal Responsibility of Corporation or
20-19 Association. (a) If conduct constituting an offense is performed
20-20 by an agent acting in behalf of a corporation or association and
20-21 within the scope of his office or employment, the corporation or
20-22 association is criminally responsible for an offense defined:
20-23 (1) in this code where corporations and associations
20-24 are made subject thereto;
20-25 (2) by law other than this code in which a legislative
20-26 purpose to impose criminal responsibility on corporations or
20-27 associations plainly appears; or
21-1 (3) by law other than this code for which strict
21-2 liability is imposed, unless a legislative purpose not to impose
21-3 criminal responsibility on corporations or associations plainly
21-4 appears.
21-5 (b) A corporation or association is criminally responsible
21-6 for a felony offense only if its commission was authorized,
21-7 requested, commanded, performed, or recklessly tolerated by:
21-8 (1) a majority of the governing board acting in behalf
21-9 of the corporation or association; or
21-10 (2) a high managerial agent acting in behalf of the
21-11 corporation or association and within the scope of his office or
21-12 employment.
21-13 Sec. 7.23. Criminal Responsibility of Person for Conduct in
21-14 Behalf of Corporation or Association. (a) An individual is
21-15 criminally responsible for conduct that he performs in the name of
21-16 or in behalf of a corporation or association to the same extent as
21-17 if the conduct were performed in his own name or behalf.
21-18 (b) An agent having primary responsibility for the discharge
21-19 of a duty to act imposed by law on a corporation or association is
21-20 criminally responsible for omission to discharge the duty to the
21-21 same extent as if the duty were imposed by law directly on him.
21-22 (c) If an individual is convicted of conduct constituting an
21-23 offense performed in the name of or on behalf of a corporation or
21-24 association, he is subject to the sentence authorized by law for an
21-25 individual convicted of the offense.
21-26 Sec. 7.24. Defense to Criminal Responsibility of Corporation
21-27 or Association. It is an affirmative defense to prosecution of a
22-1 corporation or association under Section 7.22(a)(1) or (a)(2) <of
22-2 this code> that the high managerial agent having supervisory
22-3 responsibility over the subject matter of the offense employed due
22-4 diligence to prevent its commission.
22-5 CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
22-6 Sec. 8.01. INSANITY. (a) It is an affirmative defense to
22-7 prosecution that, at the time of the conduct charged, the actor, as
22-8 a result of severe mental disease or defect, did not know that his
22-9 conduct was wrong.
22-10 (b) The term "mental disease or defect" does not include an
22-11 abnormality manifested only by repeated criminal or otherwise
22-12 antisocial conduct.
22-13 Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to
22-14 prosecution that the actor through mistake formed a reasonable
22-15 belief about a matter of fact if his mistaken belief negated the
22-16 kind of culpability required for commission of the offense.
22-17 (b) Although an actor's mistake of fact may constitute a
22-18 defense to the offense charged, he may nevertheless be convicted of
22-19 any lesser included offense of which he would be guilty if the fact
22-20 were as he believed.
22-21 Sec. 8.03. MISTAKE OF LAW. (a) It is no defense to
22-22 prosecution that the actor was ignorant of the provisions of any
22-23 law after the law has taken effect.
22-24 (b) It is an affirmative defense to prosecution that the
22-25 actor reasonably believed the conduct charged did not constitute a
22-26 crime and that he acted in reasonable reliance upon:
22-27 (1) an official statement of the law contained in a
23-1 written order or grant of permission by an administrative agency
23-2 charged by law with responsibility for interpreting the law in
23-3 question; or
23-4 (2) a written interpretation of the law contained in
23-5 an opinion of a court of record or made by a public official
23-6 charged by law with responsibility for interpreting the law in
23-7 question.
23-8 (c) Although an actor's mistake of law may constitute a
23-9 defense to the offense charged, he may nevertheless be convicted of
23-10 a lesser included offense of which he would be guilty if the law
23-11 were as he believed.
23-12 Sec. 8.04. INTOXICATION. (a) Voluntary intoxication does
23-13 not constitute a defense to the commission of crime.
23-14 (b) Evidence of temporary insanity caused by intoxication
23-15 may be introduced by the actor in mitigation of the penalty
23-16 attached to the offense for which he is being tried.
23-17 (c) When temporary insanity is relied upon as a defense and
23-18 the evidence tends to show that such insanity was caused by
23-19 intoxication, the court shall charge the jury in accordance with
23-20 the provisions of this section.
23-21 (d) For purposes of this section "intoxication" means
23-22 disturbance of mental or physical capacity resulting from the
23-23 introduction of any substance into the body.
23-24 Sec. 8.05. DURESS. (a) It is an affirmative defense to
23-25 prosecution that the actor engaged in the proscribed conduct
23-26 because he was compelled to do so by threat of imminent death or
23-27 serious bodily injury to himself or another.
24-1 (b) In a prosecution for an offense that does not constitute
24-2 a felony, it is an affirmative defense to prosecution that the
24-3 actor engaged in the proscribed conduct because he was compelled to
24-4 do so by force or threat of force.
24-5 (c) Compulsion within the meaning of this section exists
24-6 only if the force or threat of force would render a person of
24-7 reasonable firmness incapable of resisting the pressure.
24-8 (d) The defense provided by this section is unavailable if
24-9 the actor intentionally, knowingly, or recklessly placed himself in
24-10 a situation in which it was probable that he would be subjected to
24-11 compulsion.
24-12 (e) It is no defense that a person acted at the command or
24-13 persuasion of his spouse, unless he acted under compulsion that
24-14 would establish a defense under this section.
24-15 Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution
24-16 that the actor engaged in the conduct charged because he was
24-17 induced to do so by a law enforcement agent using persuasion or
24-18 other means likely to cause persons to commit the offense. Conduct
24-19 merely affording a person an opportunity to commit an offense does
24-20 not constitute entrapment.
24-21 (b) In this section "law enforcement agent" includes
24-22 personnel of the state and local law enforcement agencies as well
24-23 as of the United States and any person acting in accordance with
24-24 instructions from such agents.
24-25 Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A
24-26 person may not be prosecuted for or convicted of any offense that
24-27 he committed when younger than 15 years of age except:
25-1 (1) perjury and aggravated perjury when it appears by
25-2 proof that he had sufficient discretion to understand the nature
25-3 and obligation of an oath;
25-4 (2) a violation of a penal statute cognizable under
25-5 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957<,
25-6 as amended> (Article 6701l-4, Vernon's Texas Civil Statutes),
25-7 except conduct which violates the laws of this state prohibiting
25-8 driving while intoxicated or under the influence of intoxicating
25-9 liquor (first or subsequent offense) or driving while under the
25-10 influence of any narcotic drug or of any other drug to a degree
25-11 which renders him incapable of safely driving a vehicle (first or
25-12 subsequent offense);
25-13 (3) a violation of a motor vehicle traffic ordinance
25-14 of an incorporated city or town in this state;
25-15 (4) a misdemeanor punishable by fine only other than
25-16 public intoxication; or
25-17 (5) a violation of a penal ordinance of a political
25-18 subdivision.
25-19 (b) Unless the juvenile court waives jurisdiction and
25-20 certifies the individual for criminal prosecution, a person may not
25-21 be prosecuted for or convicted of any offense committed before
25-22 reaching 17 years of age except:
25-23 (1) perjury and aggravated perjury when it appears by
25-24 proof that he had sufficient discretion to understand the nature
25-25 and obligation of an oath;
25-26 (2) a violation of a penal statute cognizable under
25-27 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957<,
26-1 as amended> (Article 6701l-4, Vernon's Texas Civil Statutes),
26-2 except conduct which violates the laws of this state prohibiting
26-3 driving while intoxicated or under the influence of intoxicating
26-4 liquor (first or subsequent offense) or driving while under the
26-5 influence of any narcotic drug or of any other drug to a degree
26-6 which renders him incapable of safely driving a vehicle (first or
26-7 subsequent offense);
26-8 (3) a violation of a motor vehicle traffic ordinance
26-9 of an incorporated city or town in this state;
26-10 (4) a misdemeanor punishable by fine only other than
26-11 public intoxication; or
26-12 (5) a violation of a penal ordinance of a political
26-13 subdivision.
26-14 (c) Unless the juvenile court waives jurisdiction and
26-15 certifies the individual for criminal prosecution, a person who has
26-16 been alleged in a petition for an adjudication hearing to have
26-17 engaged in delinquent conduct or conduct indicating a need for
26-18 supervision may not be prosecuted for or convicted of any offense
26-19 alleged in the juvenile court petition or any offense within the
26-20 knowledge of the juvenile court judge as evidenced by anything in
26-21 the record of the juvenile court proceedings.
26-22 (d) No person may, in any case, be punished by death for an
26-23 offense committed while he was younger than 17 years.
26-24 CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
26-25 SUBCHAPTER A. GENERAL PROVISIONS
26-26 Sec. 9.01. DEFINITIONS. In this chapter:
26-27 (1) "Custody" means:
27-1 (A) under arrest by a peace officer; or
27-2 (B) under restraint by a public servant pursuant
27-3 to an order of a court.
27-4 (2) "Escape" means unauthorized departure from custody
27-5 or failure to return to custody following temporary leave for a
27-6 specific purpose or limited period or following leave that is part
27-7 of an intermittent sentence, but does not include a violation of
27-8 conditions of community supervision <probation> or parole.
27-9 (3) "Deadly force" means force that is intended or
27-10 known by the actor to cause, or in the manner of its use or
27-11 intended use is capable of causing, death or serious bodily injury.
27-12 Sec. 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to
27-13 prosecution that the conduct in question is justified under this
27-14 chapter.
27-15 Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement is
27-16 justified when force is justified by this chapter if the actor
27-17 takes reasonable measures to terminate the confinement as soon as
27-18 he knows he safely can unless the person confined has been arrested
27-19 for an offense.
27-20 Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of
27-21 force is justified when the use of force is justified by this
27-22 chapter. For purposes of this section, a threat to cause death or
27-23 serious bodily injury by the production of a weapon or otherwise,
27-24 as long as the actor's purpose is limited to creating an
27-25 apprehension that he will use deadly force if necessary, does not
27-26 constitute the use of deadly force.
27-27 Sec. 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even
28-1 though an actor is justified under this chapter in threatening or
28-2 using force or deadly force against another, if in doing so he also
28-3 recklessly injures or kills an innocent third person, the
28-4 justification afforded by this chapter is unavailable in a
28-5 prosecution for the reckless injury or killing of the innocent
28-6 third person.
28-7 Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct
28-8 is justified under this chapter does not abolish or impair any
28-9 remedy for the conduct that is available in a civil suit.
28-10 (Sections 9.07-9.20 reserved for expansion)
28-11 SUBCHAPTER B. JUSTIFICATION GENERALLY
28-12 Sec. 9.21. PUBLIC DUTY. (a) Except as qualified by
28-13 Subsections (b) and (c) <of this section>, conduct is justified if
28-14 the actor reasonably believes the conduct is required or authorized
28-15 by law, by the judgment or order of a competent court or other
28-16 governmental tribunal, or in the execution of legal process.
28-17 (b) The other sections of this chapter control when force is
28-18 used against a person to protect persons (Subchapter C), to protect
28-19 property (Subchapter D), for law enforcement (Subchapter E), or by
28-20 virtue of a special relationship (Subchapter F).
28-21 (c) The use of deadly force is not justified under this
28-22 section unless the actor reasonably believes the deadly force is
28-23 specifically required by statute or unless it occurs in the lawful
28-24 conduct of war. If deadly force is so justified, there is no duty
28-25 to retreat before using it.
28-26 (d) The justification afforded by this section is available
28-27 if the actor reasonably believes:
29-1 (1) the court or governmental tribunal has
29-2 jurisdiction or the process is lawful, even though the court or
29-3 governmental tribunal lacks jurisdiction or the process is
29-4 unlawful; or
29-5 (2) his conduct is required or authorized to assist a
29-6 public servant in the performance of his official duty, even though
29-7 the servant exceeds his lawful authority.
29-8 Sec. 9.22. NECESSITY. Conduct is justified if:
29-9 (1) the actor reasonably believes the conduct is
29-10 immediately necessary to avoid imminent harm;
29-11 (2) the desirability and urgency of avoiding the harm
29-12 clearly outweigh, according to ordinary standards of
29-13 reasonableness, the harm sought to be prevented by the law
29-14 proscribing <prescribing> the conduct; and
29-15 (3) a legislative purpose to exclude the justification
29-16 claimed for the conduct does not otherwise plainly appear.
29-17 (Sections 9.23-9.30 reserved for expansion)
29-18 SUBCHAPTER C. PROTECTION OF PERSONS
29-19 Sec. 9.31. SELF-DEFENSE. (a) Except as provided in
29-20 Subsection (b) of this section, a person is justified in using
29-21 force against another when and to the degree he reasonably believes
29-22 the force is immediately necessary to protect himself against the
29-23 other's use or attempted use of unlawful force.
29-24 (b) The use of force against another is not justified:
29-25 (1) in response to verbal provocation alone;
29-26 (2) to resist an arrest or search that the actor knows
29-27 is being made by a peace officer, or by a person acting in a peace
30-1 officer's presence and at his direction, even though the arrest or
30-2 search is unlawful, unless the resistance is justified under
30-3 Subsection (c) <of this section>;
30-4 (3) if the actor consented to the exact force used or
30-5 attempted by the other; or
30-6 (4) if the actor provoked the other's use or attempted
30-7 use of unlawful force, unless:
30-8 (A) the actor abandons the encounter, or clearly
30-9 communicates to the other his intent to do so reasonably believing
30-10 he cannot safely abandon the encounter; and
30-11 (B) the other nevertheless continues or attempts
30-12 to use unlawful force against the actor.
30-13 (c) The use of force to resist an arrest or search is
30-14 justified:
30-15 (1) if, before the actor offers any resistance, the
30-16 peace officer (or person acting at his direction) uses or attempts
30-17 to use greater force than necessary to make the arrest or search;
30-18 and
30-19 (2) when and to the degree the actor reasonably
30-20 believes the force is immediately necessary to protect himself
30-21 against the peace officer's (or other person's) use or attempted
30-22 use of greater force than necessary.
30-23 (d) The use of deadly force is not justified under this
30-24 subchapter except as provided in Sections 9.32, 9.33, and 9.34 <of
30-25 this code>.
30-26 Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. A person is
30-27 justified in using deadly force against another:
31-1 (1) if he would be justified in using force against
31-2 the other under Section 9.31 <of this code>;
31-3 (2) if a reasonable person in the actor's situation
31-4 would not have retreated; and
31-5 (3) when and to the degree he reasonably believes the
31-6 deadly force is immediately necessary:
31-7 (A) to protect himself against the other's use
31-8 or attempted use of unlawful deadly force; or
31-9 (B) to prevent the other's imminent commission
31-10 of aggravated kidnapping, murder, sexual assault, aggravated sexual
31-11 assault, robbery, or aggravated robbery.
31-12 Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified
31-13 in using force or deadly force against another to protect a third
31-14 person if:
31-15 (1) under the circumstances as the actor reasonably
31-16 believes them to be, the actor would be justified under Section
31-17 9.31 or 9.32 <of this code> in using force or deadly force to
31-18 protect himself against the unlawful force or unlawful deadly force
31-19 he reasonably believes to be threatening the third person he seeks
31-20 to protect; and
31-21 (2) the actor reasonably believes that his
31-22 intervention is immediately necessary to protect the third person.
31-23 Sec. 9.34. PROTECTION OF LIFE OR HEALTH. (a) A person is
31-24 justified in using force, but not deadly force, against another
31-25 when and to the degree he reasonably believes the force is
31-26 immediately necessary to prevent the other from committing suicide
31-27 or inflicting serious bodily injury to himself.
32-1 (b) A person is justified in using both force and deadly
32-2 force against another when and to the degree he reasonably believes
32-3 the force or deadly force is immediately necessary to preserve the
32-4 other's life in an emergency.
32-5 (Sections 9.35-9.40 reserved for expansion)
32-6 SUBCHAPTER D. PROTECTION OF PROPERTY
32-7 Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
32-8 in lawful possession of land or tangible, movable property is
32-9 justified in using force against another when and to the degree the
32-10 actor reasonably believes the force is immediately necessary to
32-11 prevent or terminate the other's trespass on the land or unlawful
32-12 interference with the property.
32-13 (b) A person unlawfully dispossessed of land or tangible,
32-14 movable property by another is justified in using force against the
32-15 other when and to the degree the actor reasonably believes the
32-16 force is immediately necessary to reenter the land or recover the
32-17 property if the actor uses the force immediately or in fresh
32-18 pursuit after the dispossession and:
32-19 (1) the actor reasonably believes the other had no
32-20 claim of right when he dispossessed the actor; or
32-21 (2) the other accomplished the dispossession by using
32-22 force, threat, or fraud against the actor.
32-23 Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
32-24 justified in using deadly force against another to protect land or
32-25 tangible, movable property:
32-26 (1) if he would be justified in using force against
32-27 the other under Section 9.41 <of this code>; and
33-1 (2) when and to the degree he reasonably believes the
33-2 deadly force is immediately necessary:
33-3 (A) to prevent the other's imminent commission
33-4 of arson, burglary, robbery, aggravated robbery, theft during the
33-5 nighttime, or criminal mischief during the nighttime; or
33-6 (B) to prevent the other who is fleeing
33-7 immediately after committing burglary, robbery, aggravated robbery,
33-8 or theft during the nighttime from escaping with the property; and
33-9 (3) he reasonably believes that:
33-10 (A) the land or property cannot be protected or
33-11 recovered by any other means; or
33-12 (B) the use of force other than deadly force to
33-13 protect or recover the land or property would expose the actor or
33-14 another to a substantial risk of death or serious bodily injury.
33-15 Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
33-16 is justified in using force or deadly force against another to
33-17 protect land or tangible, movable property of a third person if,
33-18 under the circumstances as he reasonably believes them to be, the
33-19 actor would be justified under Section 9.41 or 9.42 <of this code>
33-20 in using force or deadly force to protect his own land or property
33-21 and:
33-22 (1) the actor reasonably believes the unlawful
33-23 interference constitutes attempted or consummated theft of or
33-24 criminal mischief to the tangible, movable property; or
33-25 (2) the actor reasonably believes that:
33-26 (A) the third person has requested his
33-27 protection of the land or property;
34-1 (B) he has a legal duty to protect the third
34-2 person's land or property; or
34-3 (C) the third person whose land or property he
34-4 uses force or deadly force to protect is the actor's spouse,
34-5 parent, or child, resides with the actor, or is under the actor's
34-6 care.
34-7 Sec. 9.44. USE OF DEVICE TO PROTECT PROPERTY. The
34-8 justification afforded by Sections 9.41 and 9.43 <of this code>
34-9 applies to the use of a device to protect land or tangible, movable
34-10 property if:
34-11 (1) the device is not designed to cause, or known by
34-12 the actor to create a substantial risk of causing, death or serious
34-13 bodily injury; and
34-14 (2) use of the device is reasonable under all the
34-15 circumstances as the actor reasonably believes them to be when he
34-16 installs the device.
34-17 (Sections 9.45-9.50 reserved for expansion)
34-18 SUBCHAPTER E. LAW ENFORCEMENT
34-19 Sec. 9.51. ARREST AND SEARCH. (a) A peace officer, or a
34-20 person acting in a peace officer's presence and at his direction,
34-21 is justified in using force against another when and to the degree
34-22 the actor reasonably believes the force is immediately necessary to
34-23 make or assist in making an arrest or search, or to prevent or
34-24 assist in preventing escape after arrest, if:
34-25 (1) the actor reasonably believes the arrest or search
34-26 is lawful or, if the arrest or search is made under a warrant, he
34-27 reasonably believes the warrant is valid; and
35-1 (2) before using force, the actor manifests his
35-2 purpose to arrest or search and identifies himself as a peace
35-3 officer or as one acting at a peace officer's direction, unless he
35-4 reasonably believes his purpose and identity are already known by
35-5 or cannot reasonably be made known to the person to be arrested.
35-6 (b) A person other than a peace officer (or one acting at
35-7 his direction) is justified in using force against another when and
35-8 to the degree the actor reasonably believes the force is
35-9 immediately necessary to make or assist in making a lawful arrest,
35-10 or to prevent or assist in preventing escape after lawful arrest
35-11 if, before using force, the actor manifests his purpose to and the
35-12 reason for the arrest or reasonably believes his purpose and the
35-13 reason are already known by or cannot reasonably be made known to
35-14 the person to be arrested.
35-15 (c) A peace officer is justified in using deadly force
35-16 against another when and to the degree the peace officer reasonably
35-17 believes the deadly force is immediately necessary to make an
35-18 arrest, or to prevent escape after arrest, if the use of force
35-19 would have been justified under Subsection (a) <of this section>
35-20 and:
35-21 (1) the actor reasonably believes the conduct for
35-22 which arrest is authorized included the use or attempted use of
35-23 deadly force; or
35-24 (2) the actor reasonably believes there is a
35-25 substantial risk that the person to be arrested will cause death or
35-26 serious bodily injury to the actor or another if the arrest is
35-27 delayed.
36-1 (d) A person other than a peace officer acting in a peace
36-2 officer's presence and at his direction is justified in using
36-3 deadly force against another when and to the degree the person
36-4 reasonably believes the deadly force is immediately necessary to
36-5 make a lawful arrest, or to prevent escape after a lawful arrest,
36-6 if the use of force would have been justified under Subsection (b)
36-7 <of this section> and:
36-8 (1) the actor reasonably believes the felony or
36-9 offense against the public peace for which arrest is authorized
36-10 included the use or attempted use of deadly force; or
36-11 (2) the actor reasonably believes there is a
36-12 substantial risk that the person to be arrested will cause death or
36-13 serious bodily injury to another if the arrest is delayed.
36-14 (e) There is no duty to retreat before using deadly force
36-15 justified by Subsection (c) or (d) <of this section>.
36-16 (f) Nothing in this section relating to the actor's
36-17 manifestation of purpose or identity shall be construed as
36-18 conflicting with any other law relating to the issuance, service,
36-19 and execution of an arrest or search warrant either under the laws
36-20 of this state or the United States.
36-21 (g) Deadly force may only be used under the circumstances
36-22 enumerated in Subsections (c) and (d) <of this section>.
36-23 Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of
36-24 force to prevent the escape of an arrested person from custody is
36-25 justifiable when the force could have been employed to effect the
36-26 arrest under which the person is in custody, except that a guard
36-27 employed by a correctional facility <penal institution> or a peace
37-1 officer is justified in using any force, including deadly force,
37-2 that he reasonably believes to be immediately necessary to prevent
37-3 the escape of a person from the correctional facility <a jail,
37-4 prison, or other institution for the detention of persons charged
37-5 with or convicted of a crime>.
37-6 Sec. 9.53. MAINTAINING SECURITY IN CORRECTIONAL FACILITY
37-7 <PENAL INSTITUTION>. An officer or employee of a correctional
37-8 facility <A peace officer, jailer, or guard employed at a municipal
37-9 or county jail, or a guard or correctional officer employed by the
37-10 Texas Department of Corrections> is justified in using force
37-11 against a person in custody when and to the degree the <peace>
37-12 officer<, jailer, guard,> or employee <correctional officer>
37-13 reasonably believes the force is necessary to maintain the security
37-14 of the correctional facility <penal institution>, the safety or
37-15 security of other persons in custody or employed by the
37-16 correctional facility <penal institution>, or his own safety or
37-17 security.
37-18 (Sections 9.54-9.60 reserved for expansion)
37-19 SUBCHAPTER F. SPECIAL RELATIONSHIPS
37-20 Sec. 9.61. PARENT--CHILD. (a) The use of force, but not
37-21 deadly force, against a child younger than 18 years is justified:
37-22 (1) if the actor is the child's parent or stepparent
37-23 or is acting in loco parentis to the child; and
37-24 (2) when and to the degree the actor reasonably
37-25 believes the force is necessary to discipline the child or to
37-26 safeguard or promote his welfare.
37-27 (b) For purposes of this section, "in loco parentis"
38-1 includes grandparent and guardian, any person acting by, through,
38-2 or under the direction of a court with jurisdiction over the child,
38-3 and anyone who has express or implied consent of the parent or
38-4 parents.
38-5 Sec. 9.62. EDUCATOR--STUDENT. The use of force, but not
38-6 deadly force, against a person is justified:
38-7 (1) if the actor is entrusted with the care,
38-8 supervision, or administration of the person for a special purpose;
38-9 and
38-10 (2) when and to the degree the actor reasonably
38-11 believes the force is necessary to further the special purpose or
38-12 to maintain discipline in a group.
38-13 Sec. 9.63. GUARDIAN--INCOMPETENT. The use of force, but not
38-14 deadly force, against a mental incompetent is justified:
38-15 (1) if the actor is the incompetent's guardian or
38-16 someone similarly responsible for the general care and supervision
38-17 of the incompetent; and
38-18 (2) when and to the degree the actor reasonably
38-19 believes the force is necessary:
38-20 (A) to safeguard and promote the incompetent's
38-21 welfare; or
38-22 (B) if the incompetent is in an institution for
38-23 his care and custody, to maintain discipline in the institution.
38-24 TITLE 3. PUNISHMENTS
38-25 CHAPTER 12. PUNISHMENTS
38-26 SUBCHAPTER A. GENERAL PROVISIONS
38-27 Sec. 12.01. PUNISHMENT IN ACCORDANCE WITH CODE. (a) A
39-1 person adjudged guilty of an offense under this code shall be
39-2 punished in accordance with this chapter and the Code of Criminal
39-3 Procedure<, 1965>.
39-4 (b) Penal laws enacted after the effective date of this code
39-5 shall be classified for punishment purposes in accordance with this
39-6 chapter.
39-7 (c) This chapter does not deprive a court of authority
39-8 conferred by law to forfeit property, dissolve a corporation,
39-9 suspend or cancel a license or permit, remove a person from office,
39-10 cite for contempt, or impose any other civil penalty. The civil
39-11 penalty may be included in the sentence.
39-12 Sec. 12.02. CLASSIFICATION OF OFFENSES. Offenses are
39-13 designated as felonies or misdemeanors.
39-14 Sec. 12.03. CLASSIFICATION OF MISDEMEANORS. (a)
39-15 Misdemeanors are classified according to the relative seriousness
39-16 of the offense into three categories:
39-17 (1) Class A misdemeanors;
39-18 (2) Class B misdemeanors;
39-19 (3) Class C misdemeanors.
39-20 (b) An offense designated a misdemeanor in this code without
39-21 specification as to punishment or category is a Class C
39-22 misdemeanor.
39-23 (c) Conviction of a Class C misdemeanor does not impose any
39-24 legal disability or disadvantage.
39-25 Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are
39-26 classified according to the relative seriousness of the offense
39-27 into six <four> categories:
40-1 (1) capital murder <felonies>;
40-2 (2) murder;
40-3 (3) felonies of the first degree;
40-4 (4) <(3)> felonies of the second degree;
40-5 (5) <(4)> felonies of the third degree; and
40-6 (6) felonies of the fourth degree.
40-7 (b) An offense designated a felony in this code without
40-8 specification as to category is a felony of the fourth <third>
40-9 degree.
40-10 (Sections 12.05-12.20 reserved for expansion)
40-11 SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS
40-12 Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged
40-13 guilty of a Class A misdemeanor shall be punished by:
40-14 (1) a fine not to exceed $4,000 <$3,000>;
40-15 (2) confinement in jail for a term not to exceed one
40-16 year; or
40-17 (3) both such fine and confinement <imprisonment>.
40-18 Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged
40-19 guilty of a Class B misdemeanor shall be punished by:
40-20 (1) a fine not to exceed $2,000 <$1,500>;
40-21 (2) confinement in jail for a term not to exceed 180
40-22 days; or
40-23 (3) both such fine and confinement <imprisonment>.
40-24 Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged
40-25 guilty of a Class C misdemeanor shall be punished by a fine not to
40-26 exceed $500.
40-27 (Sections 12.24-12.30 reserved for expansion)
41-1 SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS
41-2 Sec. 12.31. CAPITAL MURDER AND MURDER <FELONY>. (a) An
41-3 individual adjudged guilty of <a> capital murder <felony> in a case
41-4 in which the state seeks the death penalty shall be punished by
41-5 imprisonment <confinement> in the institutional division <of the
41-6 Texas Department of Criminal Justice> for life or by death. An
41-7 individual adjudged guilty of <a> capital murder <felony> in a case
41-8 in which the state does not seek the death penalty shall be
41-9 punished by imprisonment <confinement> in the institutional
41-10 division for life.
41-11 (b) An individual adjudged guilty of murder shall be
41-12 punished by imprisonment in the institutional division for any term
41-13 of not more than 35 years or less than 2 years.
41-14 (c) In a capital murder <felony> trial in which the state
41-15 seeks the death penalty, prospective jurors shall be informed that
41-16 a sentence of life imprisonment, life imprisonment without parole,
41-17 or death is mandatory on conviction of a capital murder <felony>.
41-18 In a capital murder <felony> trial in which the state does not seek
41-19 the death penalty, prospective jurors shall be informed that the
41-20 state is not seeking the death penalty and that a sentence of life
41-21 imprisonment or life imprisonment without parole is mandatory on
41-22 conviction of the capital murder <felony>.
41-23 Sec. 12.32. FIRST DEGREE <FIRST-DEGREE> FELONY PUNISHMENT.
41-24 (a) An individual adjudged guilty of a felony of the first degree
41-25 shall be punished by imprisonment <confinement> in the
41-26 institutional division <Texas Department of Corrections for life
41-27 or> for any term of not more than 20 <99> years or less than 2 <5>
42-1 years.
42-2 (b) In addition to imprisonment, an individual adjudged
42-3 guilty of a felony of the first degree may be punished by a fine
42-4 not to exceed $10,000.
42-5 Sec. 12.33. SECOND DEGREE <SECOND-DEGREE> FELONY PUNISHMENT.
42-6 (a) An individual adjudged guilty of a felony of the second degree
42-7 shall be punished by imprisonment <confinement> in the
42-8 institutional division <Texas Department of Corrections> for any
42-9 term of not more than 8 <20> years or less than 1 year <2 years>.
42-10 (b) In addition to imprisonment, an individual adjudged
42-11 guilty of a felony of the second degree may be punished by a fine
42-12 not to exceed $10,000.
42-13 Sec. 12.34. THIRD DEGREE <THIRD-DEGREE> FELONY PUNISHMENT.
42-14 (a) An individual adjudged guilty of a felony of the third degree
42-15 shall be punished by imprisonment<:>
42-16 <(1) confinement> in the institutional division <of
42-17 the Texas Department of Criminal Justice> for any term of not more
42-18 than 4 <10> years or less than <2 years; or>
42-19 <(2) confinement in a community correctional facility
42-20 for any term of not more than> 1 year.
42-21 (b) In addition to imprisonment, an individual adjudged
42-22 guilty of a felony of the third degree may be punished by a fine
42-23 not to exceed $10,000.
42-24 Sec. 12.35. FOURTH DEGREE FELONY PUNISHMENT. (a) An
42-25 individual adjudged guilty of a felony of the fourth degree shall
42-26 be punished by community supervision for any term of not more than
42-27 4 years or less than 1 year.
43-1 (b) In addition to community supervision, an individual
43-2 adjudged guilty of a felony of the fourth degree may be punished by
43-3 a fine not to exceed $10,000.
43-4 (Sections 12.36 <12.35>-12.40 reserved for expansion)
43-5 SUBCHAPTER D. EXCEPTIONAL SENTENCES
43-6 Sec. 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.
43-7 For purposes of this subchapter, any conviction not obtained from a
43-8 prosecution under this code shall be classified as follows:
43-9 (1) "felony of the third degree" if imprisonment
43-10 <confinement> in a penitentiary is affixed to the offense as a
43-11 possible punishment;
43-12 (2) "Class B misdemeanor" if the offense is not a
43-13 felony and confinement in a jail is affixed to the offense as a
43-14 possible punishment;
43-15 (3) "Class C misdemeanor" if the offense is punishable
43-16 by fine only.
43-17 Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY
43-18 OFFENDERS. (a) If it is <be> shown on the trial of a fourth
43-19 degree <third-degree> felony that the defendant has previously been
43-20 <once before> convicted of any three or more felonies <felony>, on
43-21 conviction he shall be punished by imprisonment in the
43-22 institutional division for any term of not more than 4 years or
43-23 less than 1 year <for a second-degree felony>.
43-24 (b) If it is <be> shown on the trial of a third degree
43-25 <second-degree> felony that the defendant has previously been <once
43-26 before> convicted of any three felonies <felony>, on conviction he
43-27 shall be punished by imprisonment in the institutional division for
44-1 any term of not more than 6 years or less than 2 years <for a
44-2 first-degree felony>.
44-3 (c) If it is <be> shown on the trial of a second degree
44-4 <first-degree> felony that the defendant has been once before
44-5 convicted of any felony, on conviction he shall be punished by
44-6 imprisonment <confinement> in the institutional division <Texas
44-7 Department of Corrections for life, or> for any term of not more
44-8 than 8 <99> years or less than 2 <15> years. If it is shown on the
44-9 trial of a second degree felony that the defendant has previously
44-10 been convicted of any two felonies, he shall be punished by
44-11 imprisonment in the institutional division for any term of not more
44-12 than 8 years or less than 3 years. If it is shown on the trial of
44-13 a second degree felony that the defendant has previously been
44-14 convicted of any three felonies, he shall be punished by
44-15 imprisonment in the institutional division for any term of not more
44-16 than 10 years or less than 4 years. <In addition to imprisonment,
44-17 an individual may be punished by a fine not to exceed $10,000.>
44-18 (d) If it is <be> shown on the trial of a first degree
44-19 felony that the defendant has been once before convicted of any
44-20 felony other than capital murder, murder, or a person offense first
44-21 degree felony, he shall be punished by imprisonment in the
44-22 institutional division for any term of not more than 20 years or
44-23 less than 3 years. If it is shown on the trial of a first degree
44-24 felony that the defendant has previously been convicted of any two
44-25 felonies, neither of which is capital murder, murder, or a person
44-26 offense first degree felony, he shall be punished by imprisonment
44-27 in the institutional division for any term of not more than 20
45-1 years or less than 4 years. If it is shown on the trial of a first
45-2 degree felony that the defendant has previously been convicted of
45-3 any three felonies none of which is capital murder, murder, or a
45-4 person offense first degree felony, he shall be punished by
45-5 imprisonment in the institutional division for any term of not more
45-6 than 25 years or less than 5 years. If it is shown on the trial of
45-7 a first degree felony that the defendant has previously been
45-8 convicted of capital murder, murder, or a person offense first
45-9 degree felony, he shall be punished by imprisonment in the
45-10 institutional division for any term of not more than 35 years or
45-11 less than 7 years.
45-12 (e) If it is shown on the trial of a murder that the
45-13 defendant has been once before convicted of any felony other than
45-14 capital murder, murder, or a person offense first degree felony, he
45-15 shall be punished by imprisonment in the institutional division for
45-16 any term of not more than 35 years or less than 3 years. If it is
45-17 shown on the trial of a murder that the defendant has previously
45-18 been convicted of any two felonies, neither of which is a capital
45-19 murder, a murder, or a person offense first degree felony, he shall
45-20 be punished by imprisonment in the institutional division for any
45-21 term of not more than 35 years or less than 4 years. If it is
45-22 shown on the trial of a murder that the defendant has previously
45-23 been convicted of any three felonies, none of which is a capital
45-24 murder, a murder, or a person offense first degree felony, he shall
45-25 be punished by imprisonment in the institutional division for any
45-26 term of not more than 35 years or less than 5 years. If it is
45-27 shown on the trial of a murder that the defendant has previously
46-1 been convicted of capital murder, murder, or a person offense first
46-2 degree felony, he shall be punished by imprisonment in the
46-3 institutional division for any term of not more than 35 years or
46-4 less than 7 years <any felony offense that the defendant has
46-5 previously been finally convicted of two felony offenses, and the
46-6 second previous felony conviction is for an offense that occurred
46-7 subsequent to the first previous conviction having become final, on
46-8 conviction he shall be punished by confinement in the Texas
46-9 Department of Corrections for life, or for any term of not more
46-10 than 99 years or less than 25 years>.
46-11 <Sec. 12.422. IMPOSITION OF SUBSTANCE ABUSE FELONY
46-12 PUNISHMENT. (a) A court may punish an eligible defendant
46-13 convicted of an offense listed in Subsection (d) of this section
46-14 that is otherwise punishable as a felony of the first, second, or
46-15 third degree by imposing on the defendant:>
46-16 <(1) a term of confinement and treatment in a
46-17 substance abuse treatment facility operated by the community
46-18 justice assistance division of the Texas Department of Criminal
46-19 Justice for an indeterminate term of not more than one year or less
46-20 than six months, except that the minimum term for a defendant whose
46-21 underlying offense is an offense under Article 6701l-1, Revised
46-22 Statutes, is 30 days;>
46-23 <(2) a term of not less than two years or more than 10
46-24 years in the institutional division of the Texas Department of
46-25 Criminal Justice, to begin not later than the 30th day after the
46-26 day on which the defendant is released from a substance abuse
46-27 facility; and>
47-1 <(3) a fine not to exceed $10,000.>
47-2 <(b) A defendant is an eligible defendant for the purposes
47-3 of this section if:>
47-4 <(1) a pre-sentence investigation conducted under
47-5 Section 9, Article 42.12, Code of Criminal Procedure, or any other
47-6 indication suggests that drug or alcohol abuse significantly
47-7 contributed to the commission of the offense;>
47-8 <(2) the court determines that there are no other
47-9 community-based programs or facilities that are suitable for the
47-10 treatment of the defendant; and>
47-11 <(3) after considering the gravity and circumstances
47-12 of the offense committed, the court finds that the punishment would
47-13 best serve the ends of justice.>
47-14 <(c) A conviction of an offense for which punishment is
47-15 imposed under this section is a final conviction for the purposes
47-16 of Section 12.42 of this code.>
47-17 <(d) This section applies to all felony offenses other than
47-18 murder under Section 19.02, Penal Code, or an offense listed under
47-19 Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, or a
47-20 sentence the judgment for which contains an affirmative finding
47-21 under Section 3g(a)(2) of that article.>
47-22 Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR
47-23 OFFENDERS. (a) If it is <be> shown on the trial of a Class A
47-24 misdemeanor that the defendant has been before convicted of a Class
47-25 A misdemeanor or any degree of felony, on conviction he shall be
47-26 punished by confinement in jail for any term of not more than one
47-27 year or less than 90 days.
48-1 (b) If it is <be> shown on the trial of a Class B
48-2 misdemeanor that the defendant has been before convicted of a Class
48-3 A or Class B misdemeanor or any degree of felony, on conviction he
48-4 shall be punished by confinement in jail for any term of not more
48-5 than 180 days or less than 30 days.
48-6 (c) If the punishment scheme for an offense contains a
48-7 specific enhancement provision increasing punishment for a
48-8 defendant who has previously been convicted of the offense, the
48-9 specific enhancement provision controls over this section.
48-10 Sec. 12.44. REDUCTION OF THIRD DEGREE <THIRD-DEGREE> OR
48-11 FOURTH DEGREE FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A
48-12 court may punish a defendant who is convicted of a third degree or
48-13 fourth degree felony and who has not previously been convicted of
48-14 two or more felonies by imposing the punishment for a Class A
48-15 misdemeanor if, after considering the gravity and circumstances of
48-16 the felony committed and the history, character, and rehabilitative
48-17 needs of the defendant, the court finds that such punishment would
48-18 best serve the ends of justice.
48-19 (b) When a court is authorized to impose punishment for a
48-20 lesser category of offense as provided in Subsection (a) <of this
48-21 section>, the court may authorize the prosecuting attorney to
48-22 prosecute initially for the lesser category of offense.
48-23 Sec. 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A
48-24 person may, with the consent of the attorney for the state, admit
48-25 during the sentencing hearing his guilt of one or more
48-26 unadjudicated offenses and request the court to take each into
48-27 account in determining sentence for the offense or offenses of
49-1 which he stands adjudged guilty.
49-2 (b) Before a court may take into account an admitted offense
49-3 over which exclusive venue lies in another county or district, the
49-4 court must obtain permission from the prosecuting attorney with
49-5 jurisdiction over the offense.
49-6 (c) If a court lawfully takes into account an admitted
49-7 offense, prosecution is barred for that offense.
49-8 Sec. 12.46. USE OF PRIOR CONVICTIONS. The use of a
49-9 conviction for enhancement purposes shall not preclude the
49-10 subsequent use of such conviction for enhancement purposes.
49-11 <Sec. 12.47. PENALTY IF CRIME COMMITTED AGAINST CHILD DURING
49-12 RITUAL OR CEREMONY. (a) The punishment prescribed for an offense
49-13 listed in Subsection (b) of this section is increased to the
49-14 punishment prescribed for the next highest category of offense if
49-15 it is shown on the trial of the offense that:>
49-16 <(1) the victim of the offense was younger than 17
49-17 years of age at the time of the offense; and>
49-18 <(2) the offense was committed as part of a ritual or
49-19 ceremony.>
49-20 <(b) This section applies to an offense under the following
49-21 sections of the Penal Code:>
49-22 <(1) Section 21.11 (Indecency with a Child);>
49-23 <(2) Section 22.01 (Assault);>
49-24 <(3) Section 22.011 (Sexual Assault);>
49-25 <(4) Section 22.02 (Aggravated Assault);>
49-26 <(5) Section 22.021 (Aggravated Sexual Assault);>
49-27 <(6) Section 22.04 (Injury to a Child or an Elderly
50-1 Individual);>
50-2 <(7) Section 22.041 (Abandoning or Endangering Child);>
50-3 <(8) Section 25.02 (Incest);>
50-4 <(9) Section 25.06 (Solicitation of a Child);>
50-5 <(10) Section 25.11 (Sale or Purchase of Child);>
50-6 <(11) Section 43.24 (Sale, Distribution, or Display of
50-7 Harmful Material to Minor); and>
50-8 <(12) Section 43.25 (Sexual Performance by a Child).>
50-9 <(c) This section does not apply to an offense for which the
50-10 punishment otherwise prescribed is the punishment for a
50-11 first-degree felony or a capital felony.>
50-12 (Sections 12.47 <12.48>-12.50 reserved for expansion)
50-13 SUBCHAPTER E. CORPORATIONS AND ASSOCIATIONS
50-14 Sec. 12.51. AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND
50-15 ASSOCIATIONS. (a) If a corporation or association is adjudged
50-16 guilty of an offense that provides a penalty consisting of a fine
50-17 only, a court may sentence the corporation or association to pay a
50-18 fine in an amount fixed by the court, not to exceed the fine
50-19 provided by the offense.
50-20 (b) If a corporation or association is adjudged guilty of an
50-21 offense that provides a penalty including imprisonment, or that
50-22 provides no specific penalty, a court may sentence the corporation
50-23 or association to pay a fine in an amount fixed by the court, not
50-24 to exceed:
50-25 (1) $20,000 if the offense is a felony of any
50-26 category;
50-27 (2) $10,000 if the offense is a Class A or Class B
51-1 misdemeanor;
51-2 (3) $2,000 if the offense is a Class C misdemeanor; or
51-3 (4) $50,000 if, as a result of an offense classified
51-4 as a felony or Class A misdemeanor, an individual suffers serious
51-5 bodily injury or death.
51-6 (c) In lieu of the fines authorized by Subsections (a),
51-7 (b)(1), (b)(2), and (b)(4) <of this section>, if a court finds that
51-8 the corporation or association gained money or property or caused
51-9 personal injury or death, property damage, or other loss through
51-10 the commission of a felony or Class A or Class B misdemeanor, the
51-11 court may sentence the corporation or association to pay a fine in
51-12 an amount fixed by the court, not to exceed double the amount
51-13 gained or caused by the corporation or association to be lost or
51-14 damaged, whichever is greater.
51-15 (d) In addition to any sentence that may be imposed by this
51-16 section, a corporation or association that has been adjudged guilty
51-17 of an offense may be ordered by the court to give notice of the
51-18 conviction to any person the court deems appropriate.
51-19 (e) On conviction of a corporation or association, the court
51-20 shall notify the attorney general of that fact.
51-21 (Sections 12.52-12.70 reserved for expansion
51-22 SUBCHAPTER F. PERSON OFFENSE RANKING
51-23 Sec. 12.71. CATEGORIZATION. Each offense in the person
51-24 offense classification is categorized as:
51-25 (1) capital murder;
51-26 (2) murder; or
51-27 (3) a first, second, third, or fourth degree felony.
52-1 Sec. 12.72. FUNCTION. The ranking system established by
52-2 this subchapter shall be used to determine:
52-3 (1) a defendant's eligibility for deferred
52-4 adjudication under Article 42.12, Code of Criminal Procedure; and
52-5 (2) the applicable punishment for a repeat offender
52-6 under Section 12.42.
52-7 Sec. 12.73. COMPATIBILITY WITH EXISTING PROVISIONS. This
52-8 subchapter is intended to complement the classification system
52-9 established by Subchapter A.
52-10 Sec. 12.74. PERSON OFFENSES. (a) In the person offense
52-11 classification, capital murder and murder are the only offenses
52-12 within their respective categories.
52-13 (b) In the person offense classification, the first degree
52-14 felony offenses are:
52-15 (1) aggravated sexual assault;
52-16 (2) injury to a child (intentional with serious bodily
52-17 injury);
52-18 (3) aggravated kidnapping;
52-19 (4) aggravated assault (with serious bodily injury to
52-20 public servant);
52-21 (5) aggravated robbery (with serious bodily injury or
52-22 with use of weapon);
52-23 (6) arson (with bodily injury); and
52-24 (7) burglary (with bodily injury or attempt).
52-25 (c) In the person offense classification, the second degree
52-26 felony offenses are:
52-27 (1) voluntary manslaughter (sudden passion);
53-1 (2) involuntary manslaughter;
53-2 (3) intoxication manslaughter;
53-3 (4) aggravated kidnapping (safe release);
53-4 (5) burglary (occupant or weapon);
53-5 (6) tampering with consumer product (with bodily
53-6 injury);
53-7 (7) aggravated assault;
53-8 (8) injury to a child (reckless with serious bodily
53-9 injury);
53-10 (9) indecency with a child (touching);
53-11 (10) abandoning child (imminent danger);
53-12 (11) sexual performance by child;
53-13 (12) sexual assault; and
53-14 (13) compelling prostitution.
53-15 (d) In the person offense classification, the third degree
53-16 felony offenses are:
53-17 (1) kidnapping;
53-18 (2) robbery;
53-19 (3) intoxication assault (driving while intoxicated
53-20 resulting in serious bodily injury);
53-21 (4) injury to a child (intentional with bodily
53-22 injury);
53-23 (5) abandoning child (without intent to return);
53-24 (6) prohibited sexual conduct (incest);
53-25 (7) sale of child;
53-26 (8) indecency with child (exposing);
53-27 (9) solicitation of a child; and
54-1 (10) burglary (habitation, without aggravating
54-2 factors).
54-3 (e) In the person offense classification, the fourth degree
54-4 felony offenses are:
54-5 (1) negligent homicide;
54-6 (2) injury to a child (reckless with bodily injury or
54-7 negligent with serious bodily injury);
54-8 (3) abandoning child;
54-9 (4) aiding suicide;
54-10 (5) interference with possession of or access to
54-11 child;
54-12 (6) agreement to abduct from custody; and
54-13 (7) false imprisonment.
54-14 TITLE 4. INCHOATE OFFENSES
54-15 CHAPTER 15. PREPARATORY OFFENSES
54-16 Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an
54-17 offense if, with specific intent to commit an offense, he does an
54-18 act amounting to more than mere preparation that tends but fails to
54-19 effect the commission of the offense intended.
54-20 (b) If a person attempts an offense that may be aggravated,
54-21 his conduct constitutes an attempt to commit the aggravated offense
54-22 if an element that aggravates the offense accompanies the attempt.
54-23 (c) It is no defense to prosecution for criminal attempt
54-24 that the offense attempted was actually committed.
54-25 (d) An offense under this section is one category lower than
54-26 the offense attempted, and if the offense attempted is a felony of
54-27 the fourth <third> degree, the offense is a Class A misdemeanor.
55-1 Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits
55-2 criminal conspiracy if, with intent that a felony be committed:
55-3 (1) he agrees with one or more persons that they or
55-4 one or more of them engage in conduct that would constitute the
55-5 offense; and
55-6 (2) he or one or more of them performs an overt act in
55-7 pursuance of the agreement.
55-8 (b) An agreement constituting a conspiracy may be inferred
55-9 from acts of the parties.
55-10 (c) It is no defense to prosecution for criminal conspiracy
55-11 that:
55-12 (1) one or more of the coconspirators is not
55-13 criminally responsible for the object offense;
55-14 (2) one or more of the coconspirators has been
55-15 acquitted, so long as two or more coconspirators have not been
55-16 acquitted;
55-17 (3) one or more of the coconspirators has not been
55-18 prosecuted or convicted, has been convicted of a different offense,
55-19 or is immune from prosecution;
55-20 (4) the actor belongs to a class of persons that by
55-21 definition of the object offense is legally incapable of committing
55-22 the object offense in an individual capacity; or
55-23 (5) the object offense was actually committed.
55-24 (d) An offense under this section is one category lower than
55-25 the most serious felony that is the object of the conspiracy, and
55-26 if the most serious felony that is the object of the conspiracy is
55-27 a felony of the fourth <third> degree, the offense is a Class A
56-1 misdemeanor.
56-2 Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an
56-3 offense if, with intent that a capital felony or felony of the
56-4 first degree be committed, he requests, commands, or attempts to
56-5 induce another to engage in specific conduct that, under the
56-6 circumstances surrounding his conduct as the actor believes them to
56-7 be, would constitute the felony or make the other a party to its
56-8 commission.
56-9 (b) A person may not be convicted under this section on the
56-10 uncorroborated testimony of the person allegedly solicited and
56-11 unless the solicitation is made under circumstances strongly
56-12 corroborative of both the solicitation itself and the actor's
56-13 intent that the other person act on the solicitation.
56-14 (c) It is no defense to prosecution under this section that:
56-15 (1) the person solicited is not criminally responsible
56-16 for the felony solicited;
56-17 (2) the person solicited has been acquitted, has not
56-18 been prosecuted or convicted, has been convicted of a different
56-19 offense or of a different type or class of offense, or is immune
56-20 from prosecution;
56-21 (3) the actor belongs to a class of persons that by
56-22 definition of the felony solicited is legally incapable of
56-23 committing the offense in an individual capacity; or
56-24 (4) the felony solicited was actually committed.
56-25 (d) An offense under this section is:
56-26 (1) a felony of the first degree if the offense
56-27 solicited is a capital offense; or
57-1 (2) a felony of the second degree if the offense
57-2 solicited is a felony of the first degree.
57-3 Sec. 15.04. RENUNCIATION DEFENSE. (a) It is an affirmative
57-4 defense to prosecution under Section 15.01 <of this code> that
57-5 under circumstances manifesting a voluntary and complete
57-6 renunciation of his criminal objective the actor avoided commission
57-7 of the offense attempted by abandoning his criminal conduct or, if
57-8 abandonment was insufficient to avoid commission of the offense, by
57-9 taking further affirmative action that prevented the commission.
57-10 (b) It is an affirmative defense to prosecution under
57-11 Section 15.02 or 15.03 <of this code> that under circumstances
57-12 manifesting a voluntary and complete renunciation of his criminal
57-13 objective the actor countermanded his solicitation or withdrew from
57-14 the conspiracy before commission of the object offense and took
57-15 further affirmative action that prevented the commission of the
57-16 object offense.
57-17 (c) Renunciation is not voluntary if it is motivated in
57-18 whole or in part:
57-19 (1) by circumstances not present or apparent at the
57-20 inception of the actor's course of conduct that increase the
57-21 probability of detection or apprehension or that make more
57-22 difficult the accomplishment of the objective; or
57-23 (2) by a decision to postpone the criminal conduct
57-24 until another time or to transfer the criminal act to another but
57-25 similar objective or victim.
57-26 (d) Evidence that the defendant renounced his criminal
57-27 objective by abandoning his criminal conduct, countermanding his
58-1 solicitation, or withdrawing from the conspiracy before the
58-2 criminal offense was committed and made substantial effort to
58-3 prevent the commission of the object offense shall be admissible as
58-4 mitigation at the hearing on punishment if he has been found guilty
58-5 of criminal attempt, criminal solicitation, or criminal conspiracy;
58-6 and in the event of a finding of renunciation under this
58-7 subsection, the punishment shall be one grade lower than that
58-8 provided for the offense committed.
58-9 Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or
58-10 solicitation of, a preparatory offense defined in this chapter is
58-11 not an offense.
58-12 CHAPTER 16. CRIMINAL INSTRUMENTS AND INTERCEPTION OF WIRE
58-13 OR ORAL COMMUNICATION
58-14 Sec. 16.01. Unlawful Use of Criminal Instrument. (a) A
58-15 person commits an offense if:
58-16 (1) he possesses a criminal instrument with intent to
58-17 use it in the commission of an offense; or
58-18 (2) with knowledge of its character and with intent to
58-19 use or aid or permit another to use in the commission of an
58-20 offense, he manufactures, adapts, sells, installs, or sets up a
58-21 criminal instrument.
58-22 (b) For the purpose of this section, "criminal instrument"
58-23 means anything, the possession, manufacture, or sale of which is
58-24 not otherwise an offense, that is specially designed, made, or
58-25 adapted for use in the commission of an offense.
58-26 (c) An offense under Subsection (a)(1) <of this section> is
58-27 one category lower than the offense intended. An offense under
59-1 Subsection (a)(2) <of this section> is a felony of the fourth
59-2 <third> degree.
59-3 Sec. 16.02. Unlawful Interception, Use, or Disclosure of
59-4 Wire, Oral, or Electronic Communications. (a) In this section,
59-5 "covert entry," "communication common carrier," "contents,"
59-6 "electronic, mechanical, or other device," "intercept,"
59-7 "investigative or law enforcement officer," "oral communication,"
59-8 "electronic communication," "readily accessible to the general
59-9 public," and "wire communication" have the meanings given those
59-10 terms in Article 18.20, Code of Criminal Procedure.
59-11 (b) Except as specifically provided by Subsection (c) <of
59-12 this section>, a person commits an offense if he:
59-13 (1) intentionally intercepts, endeavors to intercept,
59-14 or procures another person to intercept or endeavor to intercept a
59-15 wire, oral, or electronic communication;
59-16 (2) intentionally discloses or endeavors to disclose
59-17 to another person the contents of a wire, oral, or electronic
59-18 communication if he knows or has reason to know the information was
59-19 obtained through the interception of a wire, oral, or electronic
59-20 communication in violation of this subsection;
59-21 (3) intentionally uses or endeavors to use the
59-22 contents of a wire, oral, or electronic communication if he knows
59-23 or is reckless about whether the information was obtained through
59-24 the interception of a wire, oral, or electronic communication in
59-25 violation of this subsection;
59-26 (4) knowingly or intentionally effects a covert entry
59-27 for the purpose of intercepting wire, oral, or electronic
60-1 communications without court order or authorization; or
60-2 (5) intentionally uses, endeavors to use, or procures
60-3 any other person to use or endeavor to use any electronic,
60-4 mechanical, or other device to intercept any oral communication
60-5 when the device:
60-6 (A) is affixed to, or otherwise transmits a
60-7 signal through a wire, cable, or other connection used in wire
60-8 communications; or
60-9 (B) transmits communications by radio or
60-10 interferes with the transmission of communications by radio.
60-11 (c) It is an exception to the application of Subsection (b)
60-12 <of this section> that:
60-13 (1) an operator of a switchboard or an officer,
60-14 employee, or agent of a communication common carrier whose
60-15 facilities are used in the transmission of a wire or electronic
60-16 communication intercepts a communication or discloses or uses an
60-17 intercepted communication in the normal course of employment while
60-18 engaged in an activity that is a necessary incident to the
60-19 rendition of service or to the protection of the rights or property
60-20 of the carrier of the communication, unless the interception
60-21 results from the communication common carrier's use of service
60-22 observing or random monitoring for purposes other than mechanical
60-23 or service quality control checks;
60-24 (2) an officer, employee, or agent of a communication
60-25 common carrier provides information, facilities, or technical
60-26 assistance to an investigative or law enforcement officer who is
60-27 authorized as provided by this article to intercept a wire, oral,
61-1 or electronic communication;
61-2 (3) a person acting under color of law intercepts a
61-3 wire, oral, or electronic communication if the person is a party to
61-4 the communication or if one of the parties to the communication has
61-5 given prior consent to the interception;
61-6 (4) a person not acting under color of law intercepts
61-7 a wire, oral, or electronic communication if the person is a party
61-8 to the communication or if one of the parties to the communication
61-9 has given prior consent to the interception unless the
61-10 communication is intercepted for the purpose of committing any
61-11 criminal or tortious act in violation of the constitution or laws
61-12 of the United States or of this state or for the purpose of
61-13 committing any other injurious act;
61-14 (5) a person acting under color of law intercepts a
61-15 wire, oral, or electronic communication if:
61-16 (A) prior consent for the interception has been
61-17 given by a magistrate;
61-18 (B) an immediate life-threatening situation
61-19 exists;
61-20 (C) the person is a member of a law enforcement
61-21 unit specially trained to:
61-22 (i) respond to and deal with
61-23 life-threatening situations; or
61-24 (ii) install electronic, mechanical, or
61-25 other devices; and
61-26 (D) the interception ceases immediately on
61-27 termination of the life-threatening situation;
62-1 (6) an officer, employee, or agent of the Federal
62-2 Communications Commission intercepts a communication transmitted by
62-3 radio or discloses or uses an intercepted communication in the
62-4 normal course of employment and in the discharge of the monitoring
62-5 responsibilities exercised by the Federal Communications Commission
62-6 in the enforcement of Chapter 5, Title 47, United States Code;
62-7 (7) a person intercepts or obtains access to an
62-8 electronic communication that was made through an electronic
62-9 communication system that is configured to permit the communication
62-10 to be readily accessible to the general public;
62-11 (8) a person intercepts radio communication that is
62-12 transmitted:
62-13 (A) by a station for the use of the general
62-14 public;
62-15 (B) to ships, aircraft, vehicles, or persons in
62-16 distress;
62-17 (C) by a governmental, law enforcement, civil
62-18 defense, private land mobile, or public safety communications
62-19 system that is readily accessible to the general public;
62-20 (D) by a station operating on an authorized
62-21 frequency within the bands allocated to the amateur, citizens band,
62-22 or general mobile radio services; or
62-23 (E) by a marine or aeronautical communications
62-24 system;
62-25 (9) a person intercepts a wire or electronic
62-26 communication the transmission of which causes harmful interference
62-27 to a lawfully operating station or consumer electronic equipment,
63-1 to the extent necessary to identify the source of the interference;
63-2 (10) a user of the same frequency intercepts a radio
63-3 communication made through a system that uses frequencies monitored
63-4 by individuals engaged in the provision or the use of the system,
63-5 if the communication is not scrambled or encrypted; or
63-6 (11) a provider of electronic communications service
63-7 records the fact that a wire or electronic communication was
63-8 initiated or completed in order to protect the provider, another
63-9 provider furnishing service towards the completion of the
63-10 communication, or a user of that service from fraudulent, unlawful,
63-11 or abusive use of the service.
63-12 (d)(1) Except as provided by Subsection (e) <of this
63-13 section>, a person commits an offense if he:
63-14 (A) intentionally manufactures, assembles,
63-15 possesses, or sells an electronic, mechanical, or other device
63-16 knowing or having reason to know that the device is designed
63-17 primarily for nonconsensual interception of wire, electronic, or
63-18 oral communications and that the device or a component of the
63-19 device has been or will be used for an unlawful purpose; or
63-20 (B) places in a newspaper, magazine, handbill,
63-21 or other publication an advertisement of an electronic, mechanical,
63-22 or other device:
63-23 (i) knowing or having reason to know that
63-24 the device is designed primarily for nonconsensual interception of
63-25 wire, electronic, or oral communications;
63-26 (ii) promoting the use of the device for
63-27 the purpose of nonconsensual interception of wire, electronic, or
64-1 oral communications; or
64-2 (iii) knowing or having reason to know
64-3 that the advertisement will promote the use of the device for the
64-4 purpose of nonconsensual interception of wire, electronic, or oral
64-5 communications.
64-6 (2) An offense under Subdivision (1) <of this
64-7 subsection> is a felony of the fourth degree <punishable by
64-8 confinement in the Texas Department of Corrections for a term of
64-9 not more than five years or a fine of not more than $10,000, or
64-10 both>.
64-11 (e) It is an exception to the application of Subsection (d)
64-12 <of this section> that the manufacture, assembly, possession, or
64-13 sale of an electronic, mechanical, or other device that is designed
64-14 primarily for the purpose of nonconsensual interception of wire,
64-15 electronic, or oral communication is by:
64-16 (1) a communication common carrier or a provider of
64-17 wire or electronic communications service or an officer, agent, or
64-18 employee of or a person under contract with a communication common
64-19 carrier or provider acting in the normal course of the provider's
64-20 or communication carrier's business;
64-21 (2) an officer, agent, or employee of a person under
64-22 contract with, bidding on contracts with, or doing business with
64-23 the United States or this state acting in the normal course of the
64-24 activities of the United States or this state; or
64-25 (3) a law enforcement agency that has an established
64-26 unit specifically designated to respond to and deal with
64-27 life-threatening situations or specifically trained to install
65-1 wire, oral, or electronic communications intercept equipment.
65-2 (f) Except as provided by Subsections (d) and (h) <(i) of
65-3 this section>, an offense under this section is a felony of the
65-4 second degree.
65-5 (g) <Property seized pursuant to this section may be
65-6 forfeited to the Department of Public Safety in the manner provided
65-7 by Article 18.18, Code of Criminal Procedure, for disposition of
65-8 seized property. The department may destroy the property or
65-9 maintain, repair, use, and operate the property in a manner
65-10 consistent with Article 18.20, Code of Criminal Procedure.>
65-11 <(h)> For purposes of this section:
65-12 (1) An immediate life-threatening situation exists
65-13 when human life is directly threatened in either a hostage or
65-14 barricade situation.
65-15 (2) "Member of a law enforcement unit specially
65-16 trained to respond to and deal with life-threatening situations"
65-17 means a peace officer who has received a minimum of 40 hours a year
65-18 of training in hostage and barricade suspect situations. This
65-19 training must be evidenced by the submission of appropriate
65-20 documentation to the Commission on Law Enforcement Officer
65-21 Standards and Education.
65-22 (h) <(i)>(1) A person commits an offense if, knowing that a
65-23 government attorney or an investigative or law enforcement officer
65-24 has been authorized or has applied for authorization to intercept
65-25 wire, electronic, or oral communications, the person obstructs,
65-26 impedes, prevents, gives notice to another of, or attempts to give
65-27 notice to another of the interception.
66-1 (2) An offense under this subsection is a Class A
66-2 misdemeanor <punishable by confinement in the Texas Department of
66-3 Corrections for a term of not more than five years or by a fine of
66-4 not more than $10,000, or both>.
66-5 <Sec. 16.021. ><Illegal Interception><. (a) In this section,
66-6 "communication" and "interception" have the same meanings as are
66-7 given those terms in Section 123.001, Civil Practice and Remedies
66-8 Code.>
66-9 <(b) A person, including a landlord, building operator, or
66-10 employee of a communication common carrier, commits an offense if
66-11 the person knowingly aids in or permits an interception or
66-12 attempted interception.>
66-13 <(c) It is a defense to prosecution under this section that
66-14 the interception is authorized by state or federal law.>
66-15 <(d) An offense under this section is a Class A misdemeanor,
66-16 unless the actor has been previously convicted under this section,
66-17 in which event the offense is a felony of the third degree.>
66-18 Sec. 16.03. Unlawful Use of Pen Register or Trap and Trace
66-19 Device. (a) Except as authorized by a court order obtained under
66-20 Article 18.21, Code of Criminal Procedure, or in an emergency under
66-21 the circumstances described and permitted under that article, a
66-22 person commits an offense if he knowingly installs or utilizes a
66-23 pen register or trap and trace device to record telephone numbers
66-24 dialed from or to a telephone instrument.
66-25 (b) In this section, "authorized peace officer,"
66-26 "communications common carrier," "pen register," and "trap and
66-27 trace device" have the meanings assigned by Article 18.21, Code of
67-1 Criminal Procedure.
67-2 (c) It is an exception to the application of Subsection (a)
67-3 <of this section> that an officer, employee, or agent of a
67-4 communications common carrier<, as defined by Article 18.21, Code
67-5 of Criminal Procedure> installs or utilizes a device or equipment
67-6 to record the numbers dialed from or to a telephone instrument in
67-7 the normal course of business of the carrier, for the protection of
67-8 property or services provided by the carrier, or assists an
67-9 authorized peace officer in executing an order issued under Article
67-10 18.21, Code of Criminal Procedure.
67-11 (d) It is an exception to the application of Subsection (a)
67-12 <of this section> that the installation or utilization of a pen
67-13 register or trap and trace device was made by an officer, agent, or
67-14 employee of a lawful enterprise while engaged in an activity that
67-15 is a necessary incident to the rendition of service or to the
67-16 protection of property of or services provided by the enterprise,
67-17 and was not made for the purpose of gathering information for a law
67-18 enforcement agency or private investigative agency, other than
67-19 information related to the theft of communication or information
67-20 services provided by the enterprise.
67-21 (e) An offense under this section is a felony of the fourth
67-22 <third> degree.
67-23 <(f) A pen register or trap and trace device used in
67-24 violation of this section is subject to seizure and may be
67-25 forfeited to the Department of Public Safety in the manner provided
67-26 for disposition of seized property by Article 18.18, Code of
67-27 Criminal Procedure.>
68-1 Sec. 16.04. Unlawful Access to Stored Communications. (a)
68-2 In this section, "electronic communication," "electronic storage,"
68-3 "user," and "wire communication" have the meanings assigned to
68-4 those terms in Article 18.21, Code of Criminal Procedure.
68-5 (b) A person commits an offense if the person obtains,
68-6 alters, or prevents authorized access to a wire or electronic
68-7 communication while the communication is in electronic storage by:
68-8 (1) intentionally obtaining access without
68-9 authorization to a facility through which a wire or electronic
68-10 communications service is provided; or
68-11 (2) intentionally exceeding an authorization for
68-12 access to a facility through which a wire or electronic
68-13 communications service is provided.
68-14 (c) Except as provided by Subsection (d) <of this section>,
68-15 an offense under Subsection (b) <of this section> is a Class A
68-16 misdemeanor.
68-17 (d) If committed to obtain a benefit or to harm another <for
68-18 purposes of commercial advantage, malicious destruction or damage,
68-19 or private commercial gain>, an offense is a felony of the fourth
68-20 <third> degree. <The amount of a fine that may be imposed for an
68-21 offense punished under this subsection, including an offense
68-22 punishable under this subsection but subject to enhanced penalties,
68-23 may be in any amount not to exceed $250,000.>
68-24 (e) It is an exception to the application of Subsection (b)
68-25 <of this section> that the conduct was authorized by:
68-26 (1) the provider of the wire or electronic
68-27 communications service;
69-1 (2) the user of the wire or electronic communications
69-2 service; or
69-3 (3) Article 18.21, Code of Criminal Procedure.
69-4 Sec. 16.05. Illegal Divulgence of Public Communications.
69-5 (a) In this section, "electronic communication," "electronic
69-6 communications service," and "electronic communications system"
69-7 have the meanings given those terms in Article 18.20, Code of
69-8 Criminal Procedure.
69-9 (b) Except as provided by Subsection (c) <of this section>,
69-10 a person who provides electronic communications service to the
69-11 public commits an offense if he intentionally divulges the contents
69-12 of a communication, other than a communication to that person or
69-13 that person's agent, while the communication is in transmission on
69-14 that service, to any person other than the addressee or the
69-15 intended recipient of the communication or the addressee's or
69-16 intended recipient's agent.
69-17 (c) A person who provides electronic communications service
69-18 to the public may divulge the contents of a communication:
69-19 (1) as authorized by federal or state law;
69-20 (2) to a person employed, authorized, or whose
69-21 facilities are used to forward the communication to the
69-22 communication's destination; or
69-23 (3) to a law enforcement agency if the contents were
69-24 obtained by the service provider and the contents appear to pertain
69-25 to the commission of a crime.
69-26 (d) Except as provided by Subsections (e) and (f) <of this
69-27 section>, an offense under Subsection (b) <of this section> is a
70-1 felony of the fourth degree <punishable by confinement in the Texas
70-2 Department of Corrections for a term of not more than five years or
70-3 a fine not to exceed $10,000, or both>.
70-4 (e) If committed for a tortious or illegal purpose or to
70-5 gain a benefit<, or for direct or indirect commercial advantage or
70-6 private commercial gain>, an offense under Subsection (b) <of this
70-7 section> that involves a radio communication that is not scrambled
70-8 or encrypted:
70-9 (1) is a Class A misdemeanor if the communication is
70-10 not the radio portion of a cellular telephone communication, a
70-11 public land mobile radio service communication, or a paging service
70-12 communication; or
70-13 (2) is a Class C misdemeanor <punishable by a fine of
70-14 not more than $500> if the communication is the radio portion of a
70-15 cellular telephone communication, a public and mobile radio service
70-16 or communication or a paging service communication.
70-17 (f)(1) A person who engages in conduct constituting an
70-18 offense under Subsection (b) <of this section> that is not for a
70-19 tortious or illegal purpose or for the purpose of direct or
70-20 indirect commercial advantage or private commercial gain and
70-21 involves a radio communication that is transmitted on frequencies
70-22 allocated under Subpart D or Part 74 of the rules of the Federal
70-23 Communications Commission and that is not scrambled or encrypted
70-24 shall be subject to suit by the federal or state government in a
70-25 court of competent jurisdiction for appropriate injunctive relief.
70-26 If it is shown on the trial of the civil suit that the defendant
70-27 has been convicted of an offense under Subsection (b) or that the
71-1 defendant has been found liable in a civil action under Article
71-2 18.20, Code of Criminal Procedure, in addition to granting
71-3 injunctive relief the court shall impose a civil penalty of $500 on
71-4 the defendant.
71-5 (2) A court may use any means within the court's
71-6 authority to enforce an injunction issued under Subdivision (1)
71-7 <(2) of this subsection> and shall impose a fine as for contempt of
71-8 court of not less than $500 for each violation of the injunction.
71-9 TITLE 5. OFFENSES AGAINST THE PERSON
71-10 CHAPTER 19. CRIMINAL HOMICIDE
71-11 Sec. 19.01. Types of Criminal Homicide. (a) A person
71-12 commits criminal homicide if he intentionally, knowingly,
71-13 recklessly, or with criminal negligence causes the death of an
71-14 individual.
71-15 (b) Criminal homicide is murder, capital murder, <voluntary
71-16 manslaughter, involuntary> manslaughter, or criminally negligent
71-17 homicide.
71-18 Sec. 19.02. Murder. (a) In this section:
71-19 (1) "Adequate cause" means cause that would commonly
71-20 produce a degree of anger, rage, resentment, or terror in a person
71-21 of ordinary temper, sufficient to render the mind incapable of cool
71-22 reflection.
71-23 (2) "Sudden passion" means passion directly caused by
71-24 and arising out of provocation by the individual killed or another
71-25 acting with the person killed which passion arises at the time of
71-26 the offense and is not solely the result of former provocation.
71-27 (b) A person commits an offense if he:
72-1 (1) intentionally or knowingly causes the death of an
72-2 individual;
72-3 (2) intends to cause serious bodily injury and commits
72-4 an act clearly dangerous to human life that causes the death of an
72-5 individual; or
72-6 (3) commits or attempts to commit a felony, other than
72-7 <voluntary or involuntary> manslaughter, and in the course of and
72-8 in furtherance of the commission or attempt, or in immediate flight
72-9 from the commission or attempt, he commits or attempts to commit an
72-10 act clearly dangerous to human life that causes the death of an
72-11 individual.
72-12 (c) Except as provided by Subsection (d), an <(b) An>
72-13 offense under this section is punishable as provided by Section
72-14 12.31(b) <a felony of the first degree>.
72-15 (d) At the punishment stage of a trial, the defendant may
72-16 raise the issue as to whether he caused the death under the
72-17 immediate influence of sudden passion arising from an adequate
72-18 cause. If the defendant proves the issue in the affirmative by a
72-19 preponderance of the evidence, the offense is a felony of the
72-20 second degree.
72-21 Sec. 19.03. Capital Murder. (a) A person commits an
72-22 offense if he commits murder as defined under Section 19.02(a)(1)
72-23 <of this code> and:
72-24 (1) the person murders a peace officer or fireman who
72-25 is acting in the lawful discharge of an official duty and who the
72-26 person knows is a peace officer or fireman;
72-27 (2) the person intentionally commits the murder in the
73-1 course of committing or attempting to commit kidnapping, burglary,
73-2 robbery, aggravated sexual assault, <or> arson, or obstruction or
73-3 retaliation;
73-4 (3) the person commits the murder for remuneration or
73-5 the promise of remuneration or employs another to commit the murder
73-6 for remuneration or the promise of remuneration;
73-7 (4) the person commits the murder while escaping or
73-8 attempting to escape from a penal institution;
73-9 (5) the person, while incarcerated in a penal
73-10 institution, murders another who is employed in the operation of
73-11 the penal institution; or
73-12 (6) the person murders more than one person:
73-13 (A) during the same criminal transaction; or
73-14 (B) during different criminal transactions but
73-15 the murders are committed pursuant to the same scheme or course of
73-16 conduct.
73-17 (b) An offense under this section is punishable as provided
73-18 by Section 12.31(a) <a capital felony>.
73-19 (c) If the jury or, when authorized by law, the judge does
73-20 not find beyond a reasonable doubt that the defendant is guilty of
73-21 an offense under this section, he may be convicted of murder or of
73-22 any other lesser included offense.
73-23 Sec. 19.04. <VOLUNTARY MANSLAUGHTER. (a) A person commits
73-24 an offense if he causes the death of an individual under
73-25 circumstances that would constitute murder under Section 19.02 of
73-26 this code, except that he caused the death under the immediate
73-27 influence of sudden passion arising from an adequate cause.>
74-1 <(b) "Sudden passion" means passion directly caused by and
74-2 arising out of provocation by the individual killed or another
74-3 acting with the person killed which passion arises at the time of
74-4 the offense and is not solely the result of former provocation.>
74-5 <(c) "Adequate cause" means cause that would commonly
74-6 produce a degree of anger, rage, resentment, or terror in a person
74-7 of ordinary temper, sufficient to render the mind incapable of cool
74-8 reflection.>
74-9 <(d) An offense under this section is a felony of the second
74-10 degree.>
74-11 <Sec. 19.05. INVOLUNTARY> MANSLAUGHTER. (a) A person
74-12 commits an offense if he<:>
74-13 <(1)> recklessly causes the death of an individual<;
74-14 or>
74-15 <(2) by accident or mistake when operating a motor
74-16 vehicle, airplane, helicopter, or boat while intoxicated and, by
74-17 reason of such intoxication, causes the death of an individual.>
74-18 <(b) For purposes of this section, "intoxicated" has the
74-19 meaning assigned that term by Subsection (a), Article 6701l-1,
74-20 Revised Statutes>.
74-21 (c) An offense under this section is a felony of the second
74-22 <third> degree.
74-23 <Sec. 19.06. EVIDENCE. (a) In all prosecutions for murder
74-24 or voluntary manslaughter, the state or the defendant shall be
74-25 permitted to offer testimony as to all relevant facts and
74-26 circumstances surrounding the killing and the previous relationship
74-27 existing between the accused and the deceased, together with all
75-1 relevant facts and circumstances going to show the condition of the
75-2 mind of the accused at the time of the offense.>
75-3 <(b) In a prosecution for murder or manslaughter, if a
75-4 defendant raises as a defense a justification provided by Section
75-5 9.31, 9.32, or 9.33 of this code, the defendant, in order to
75-6 establish the defendant's reasonable belief that use of force or
75-7 deadly force was immediately necessary, shall be permitted to
75-8 offer:>
75-9 <(1) relevant evidence that the defendant had been the
75-10 victim of acts of family violence committed by the deceased, as
75-11 family violence is defined by Section 71.01, Family Code; and>
75-12 <(2) relevant expert testimony regarding the condition
75-13 of the mind of the defendant at the time of the offense, including
75-14 those relevant facts and circumstances relating to family violence
75-15 that are the basis of the expert's opinion.>
75-16 Sec. 19.05 <19.07>. CRIMINALLY NEGLIGENT HOMICIDE. (a) A
75-17 person commits an offense if he causes the death of an individual
75-18 by criminal negligence.
75-19 (b) An offense under this section is a felony of the fourth
75-20 degree <Class A misdemeanor>.
75-21 CHAPTER 20. KIDNAPPING AND FALSE
75-22 IMPRISONMENT
75-23 Sec. 20.01. DEFINITIONS. In this chapter:
75-24 (1) "Restrain" means to restrict a person's movements
75-25 without consent, so as to interfere substantially with his liberty,
75-26 by moving him from one place to another or by confining him.
75-27 Restraint is "without consent" if it is accomplished by:
76-1 (A) force, intimidation, or deception; or
76-2 (B) any means, including acquiescence of the
76-3 victim, if he is a child less than 14 years of age or an
76-4 incompetent person and the parent, guardian, or person or
76-5 institution acting in loco parentis has not acquiesced in the
76-6 movement or confinement.
76-7 (2) "Abduct" means to restrain a person with intent to
76-8 prevent his liberation by:
76-9 (A) secreting or holding him in a place where he
76-10 is not likely to be found; or
76-11 (B) using or threatening to use deadly force.
76-12 (3) "Relative" means a parent or stepparent, ancestor,
76-13 sibling, or uncle or aunt, including an adoptive relative of the
76-14 same degree through marriage or adoption.
76-15 Sec. 20.02. FALSE IMPRISONMENT. (a) A person commits an
76-16 offense if he intentionally or knowingly restrains another person.
76-17 (b) It is an affirmative defense to prosecution under this
76-18 section that:
76-19 (1) the person restrained was a child younger <less>
76-20 than 14 years of age;
76-21 (2) the actor was a relative of the child; and
76-22 (3) the actor's sole intent was to assume lawful
76-23 control of the child.
76-24 (c) An offense under this section is a Class B misdemeanor
76-25 unless the actor recklessly exposes the victim to a substantial
76-26 risk of serious bodily injury, in which event it is a felony of the
76-27 third degree.
77-1 (d) It is no offense to detain or move another under this
77-2 section when it is for the purpose of effecting a lawful arrest or
77-3 detaining an individual lawfully arrested.
77-4 Sec. 20.03. KIDNAPPING. (a) A person commits an offense if
77-5 he intentionally or knowingly abducts another person.
77-6 (b) It is an affirmative defense to prosecution under this
77-7 section that:
77-8 (1) the abduction was not coupled with intent to use
77-9 or to threaten to use deadly force;
77-10 (2) the actor was a relative of the person abducted;
77-11 and
77-12 (3) the actor's sole intent was to assume lawful
77-13 control of the victim.
77-14 (c) An offense under this section is a felony of the third
77-15 degree.
77-16 Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an
77-17 offense if he intentionally or knowingly abducts another person
77-18 with the intent to:
77-19 (1) hold him for ransom or reward;
77-20 (2) use him as a shield or hostage;
77-21 (3) facilitate the commission of a felony or the
77-22 flight after the attempt or commission of a felony;
77-23 (4) inflict bodily injury on him or violate or abuse
77-24 him sexually;
77-25 (5) terrorize him or a third person; or
77-26 (6) interfere with the performance of any governmental
77-27 or political function.
78-1 (b) Except as provided by Subsection (c), an <An> offense
78-2 under this section is a felony of the first degree <unless the
78-3 actor voluntarily releases the victim alive and in a safe place, in
78-4 which event it is a felony of the second degree>.
78-5 (c) At the punishment stage of a trial, the defendant may
78-6 raise the issue as to whether he voluntarily released the victim in
78-7 a safe place. If the defendant proves the issue in the affirmative
78-8 by a preponderance of the evidence, the offense is a felony of the
78-9 second degree.
78-10 CHAPTER 21. SEXUAL OFFENSES
78-11 Sec. 21.01. DEFINITIONS. In this chapter:
78-12 (1) "Deviate sexual intercourse" means:
78-13 (A) any contact between any part of the genitals
78-14 of one person and the mouth or anus of another person; or
78-15 (B) the penetration of the genitals or the anus
78-16 of another person with an object.
78-17 (2) "Sexual contact" means any touching of the anus,
78-18 breast, or any part of the genitals of another person with intent
78-19 to arouse or gratify the sexual desire of any person.
78-20 (3) "Sexual intercourse" means any penetration of the
78-21 female sex organ by the male sex organ.
78-22 <Sec. 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an
78-23 offense if he engages in deviate sexual intercourse with another
78-24 individual of the same sex.>
78-25 <(b) An offense under this section is a Class C
78-26 misdemeanor.>
78-27 Sec. 21.02 <21.07>. PUBLIC LEWDNESS. (a) A person commits
79-1 an offense if he knowingly engages in any of the following acts in
79-2 a public place or, if not in a public place, he is reckless about
79-3 whether another is present who will be offended or alarmed by his
79-4 <act>:
79-5 (1) <an> act of sexual intercourse;
79-6 (2) <an> act of deviate sexual intercourse;
79-7 (3) <an> act of sexual contact; or
79-8 (4) <an> act involving contact between the person's
79-9 mouth or genitals and the anus or genitals of an animal or fowl.
79-10 (b) An offense under this section is a Class A misdemeanor.
79-11 Sec. 21.03 <21.08>. INDECENT EXPOSURE. (a) A person
79-12 commits an offense if he exposes his anus or any part of his
79-13 genitals with intent to arouse or gratify the sexual desire of any
79-14 person, and he is reckless about whether another is present who
79-15 will be offended or alarmed by his act.
79-16 (b) An offense under this section is a Class B misdemeanor.
79-17 Sec. 21.04 <21.11>. INDECENCY WITH A CHILD. (a) A person
79-18 commits an offense if, with a child younger than 17 years and not
79-19 his spouse, whether the child is of the same or opposite sex, he:
79-20 (1) engages in sexual contact with the child; or
79-21 (2) exposes his anus or any part of his genitals,
79-22 knowing the child is present, with intent to arouse or gratify the
79-23 sexual desire of any person.
79-24 (b) It is a defense to prosecution under this section that:
79-25 (1) the child was at the time of the alleged offense
79-26 14 years or older;
79-27 (2) the actor reasonably believed that the child was
80-1 17 years of age or older; and
80-2 (3) the actor did not use duress, force, or threat
80-3 against the child at the time of the commission of the offense <and
80-4 had, prior to the time of the alleged offense, engaged
80-5 promiscuously in:>
80-6 <(1) sexual intercourse;>
80-7 <(2) deviate sexual intercourse;>
80-8 <(3) sexual contact; or>
80-9 <(4) indecent exposure as defined in Subsection (a)(2)
80-10 of this section>.
80-11 (c) It is an affirmative defense to prosecution under this
80-12 section that the actor:
80-13 (1) was not more than three <two> years older than the
80-14 victim and of the opposite sex; and
80-15 (2) did not use duress, force, or a threat against the
80-16 victim at the time of the offense.
80-17 (d) An offense under Subsection (a)(1) <of this section> is
80-18 a felony of the second degree and an offense under Subsection
80-19 (a)(2) <of this section> is a felony of the third degree.
80-20 CHAPTER 22. ASSAULTIVE OFFENSES
80-21 Sec. 22.01. Assault. (a) A person commits an offense if
80-22 the person:
80-23 (1) intentionally, knowingly, or recklessly causes
80-24 bodily injury to another<, including the person's spouse>; <or>
80-25 (2) intentionally or knowingly threatens another with
80-26 imminent bodily injury<, including the person's spouse>; or
80-27 (3) intentionally or knowingly causes physical contact
81-1 with another when the person knows or should reasonably believe
81-2 that the other will regard the contact as offensive or provocative.
81-3 (b) An offense under Subsection (a)(1) <of this section> is
81-4 a Class A misdemeanor <unless:>
81-5 <(1) the offense is committed by the owner or an
81-6 employee of an institution described in Section 242.002(6), Health
81-7 and Safety Code, or a person providing medical or psychiatric
81-8 treatment at an institution described in that section, and the
81-9 offense is committed by causing bodily injury to a patient or
81-10 resident of an institution described in that section, in which
81-11 event the offense is a felony of the third degree;>
81-12 <(2) the offense is committed by the owner or an
81-13 employee of a facility, except a facility operated by the Texas
81-14 Youth Commission or the Texas Department of Corrections, described
81-15 in Section 242.003(a)(6), Health and Safety Code, or a person
81-16 providing medical or psychiatric treatment at a facility, except a
81-17 facility operated by the Texas Youth Commission or the Texas
81-18 Department of Corrections, described in that section, and the
81-19 offense is committed by causing bodily injury to a patient or
81-20 resident of a facility, except a facility operated by the Texas
81-21 Youth Commission or the Texas Department of Corrections, described
81-22 in that section, in which event the offense is a felony of the
81-23 third degree; or>
81-24 <(3) the offense is committed against a family member
81-25 and the actor has been previously convicted under this section for
81-26 an offense against a family member two or more times, in which
81-27 event the offense is a felony of the third degree>.
82-1 (c) An offense under Subsection (a)(2) <of this section> is
82-2 a Class B <C> misdemeanor <unless:>
82-3 <(1) the offense is committed by the owner or an
82-4 employee of an institution described in Section 242.002(6), Health
82-5 and Safety Code, or a person providing medical or psychiatric
82-6 treatment at an institution described in that section, and the
82-7 offense is committed by threatening a patient or resident of an
82-8 institution described in that section with bodily injury, in which
82-9 event the offense is a Class B misdemeanor; or>
82-10 <(2) the offense is committed by the owner or an
82-11 employee of a facility, except a facility operated by the Texas
82-12 Youth Commission or the Texas Department of Corrections, described
82-13 in Section 242.003(a)(6), Health and Safety Code, or a person
82-14 providing medical or psychiatric treatment at a facility, except a
82-15 facility operated by the Texas Youth Commission or the Texas
82-16 Department of Corrections, described in that section, and the
82-17 offense is committed by threatening a patient or resident of a
82-18 facility, except a facility operated by the Texas Youth Commission
82-19 or the Texas Department of Corrections, described in that section
82-20 with bodily injury, in which event the offense is a Class B
82-21 misdemeanor; or>
82-22 <(2) the offense is committed by the owner or an
82-23 employee of a facility, except a facility operated by the Texas
82-24 Youth Commission or the institutional division of the Texas
82-25 Department of Criminal Justice, described in Section 242.002,
82-26 Health and Safety Code, or a person providing medical or
82-27 psychiatric treatment at a facility, except a facility operated by
83-1 the Texas Youth Commission or the institutional division, described
83-2 in that section, and the offense is committed by threatening a
83-3 patient or resident of a facility, except a facility operated by
83-4 the Texas Youth Commission or the institutional division, described
83-5 in that section with bodily injury, in which event the offense is a
83-6 Class B misdemeanor;>
83-7 <(3) the offense is committed against a classroom
83-8 teacher, counselor, principal, or other similar instructional or
83-9 administrative employee of a primary or secondary school accredited
83-10 by the Texas Education Agency, other than the Windham Schools,
83-11 while engaged in performing his educational duties, in which event
83-12 the offense is a Class B misdemeanor; or>
83-13 <(4) the offense is committed against a family member
83-14 and the actor has been previously convicted under this section for
83-15 an offense against a family member:>
83-16 <(A) one time, in which event the offense is a
83-17 Class B misdemeanor;>
83-18 <(B) two times, in which event the offense is a
83-19 Class A misdemeanor; or>
83-20 <(C) more than two times, in which event the
83-21 offense is a felony of the third degree>.
83-22 (d) An offense under Subsection (a)(3) <of this section> is
83-23 a Class C misdemeanor <unless:>
83-24 <(1) the offense is committed against a classroom
83-25 teacher, counselor, principal, or other similar instructional or
83-26 administrative employee of a primary or secondary school accredited
83-27 by the Texas Education Agency while engaged in performing his
84-1 educational duties, in which event the offense is a Class B
84-2 misdemeanor; or>
84-3 <(2) the offense is committed against a family member
84-4 and the actor has been previously convicted under this section for
84-5 an offense against a family member:>
84-6 <(A) one time, in which event the offense is a
84-7 Class B misdemeanor;>
84-8 <(B) two times, in which event the offense is a
84-9 Class A misdemeanor; or>
84-10 <(C) more than two times, in which event the
84-11 offense is a felony of the third degree.>
84-12 <(e) In this section, "family" has the meaning assigned by
84-13 Section 71.01, Family Code>.
84-14 Sec. 22.011. Sexual Assault. (a) A person commits an
84-15 offense if the person:
84-16 (1) intentionally or knowingly:
84-17 (A) causes the penetration of the anus or female
84-18 sexual organ of another person by any means, without that person's
84-19 consent;
84-20 (B) causes the penetration of the mouth of
84-21 another person by the sexual organ of the actor, without that
84-22 person's consent; or
84-23 (C) causes the sexual organ of another person,
84-24 without that person's consent, to contact or penetrate the mouth,
84-25 anus, or sexual organ of another person, including the actor; or
84-26 (2) intentionally or knowingly:
84-27 (A) causes the penetration of the anus or female
85-1 sexual organ of a child by any means;
85-2 (B) causes the penetration of the mouth of a
85-3 child by the sexual organ of the actor;
85-4 (C) causes the sexual organ of a child to
85-5 contact or penetrate the mouth, anus, or sexual organ of another
85-6 person, including the actor; or
85-7 (D) causes the anus of a child to contact the
85-8 mouth, anus, or sexual organ of another person, including the
85-9 actor.
85-10 (b) A sexual assault under Subsection (a)(1) <of this
85-11 section> is without the consent of the other person if:
85-12 (1) the actor compels the other person to submit or
85-13 participate by the use of physical force or violence;
85-14 (2) the actor compels the other person to submit or
85-15 participate by threatening to use force or violence against the
85-16 other person, and the other person believes that the actor has the
85-17 present ability to execute the threat;
85-18 (3) the other person has not consented and the actor
85-19 knows the other person is unconscious or physically unable to
85-20 resist;
85-21 (4) the actor knows that as a result of mental disease
85-22 or defect the other person is at the time of the sexual assault
85-23 incapable either of appraising the nature of the act or of
85-24 resisting it;
85-25 (5) the other person has not consented and the actor
85-26 knows the other person is unaware that the sexual assault is
85-27 occurring;
86-1 (6) the actor has intentionally impaired the other
86-2 person's power to appraise or control the other person's conduct by
86-3 administering any substance without the other person's knowledge;
86-4 <or>
86-5 (7) the actor compels the other person to submit or
86-6 participate by threatening to use force or violence against any
86-7 person, and the other person believes that the actor has the
86-8 ability to execute the threat; or
86-9 (8) the actor is a public servant who coerces the
86-10 other person to submit or participate.
86-11 (c) In this section:
86-12 (1) "Child" means a person younger than 17 years of
86-13 age who is not the spouse of the actor.
86-14 (2) "Coercion" means:
86-15 (A) unlawfully taking or withholding, or
86-16 threatening to unlawfully take or withhold, action as a public
86-17 servant; or
86-18 (B) threatening or causing a public servant to
86-19 unlawfully take or withhold action.
86-20 (3) "Spouse" means a person who is legally married to
86-21 another, except that persons married to each other are not treated
86-22 as spouses if they do not reside together or if there is an action
86-23 pending between them for dissolution of the marriage or for
86-24 separate maintenance.
86-25 (d) It is a defense to prosecution under Subsection (a)(2)
86-26 <of this section> that<:>
86-27 <(1) the child was at the time of the offense 14 years
87-1 of age or older and had prior to the time of the offense engaged
87-2 promiscuously in conduct described in that subsection; or>
87-3 <(2)> the conduct consisted of medical care for the
87-4 child and did not include any contact between the anus or sexual
87-5 organ of the child and the mouth, anus, or sexual organ of the
87-6 actor or a third party.
87-7 (e) It is an affirmative defense to prosecution under
87-8 Subsection (a)(2) <of this section> that the actor was not more
87-9 than three <two> years older than the victim, and the victim was a
87-10 child of 14 years of age or older.
87-11 (f) An offense under this section is a felony of the second
87-12 degree.
87-13 <(g) A prosecution against a spouse under this section
87-14 requires a showing of bodily injury or the threat of bodily injury.>
87-15 <Sec. 22.012. INTENTIONALLY EXPOSING ANOTHER TO AIDS OR HIV.
87-16 (a) A person commits an offense if the person, knowing that he or
87-17 she has AIDS or is a carrier of HIV and with intent to cause
87-18 serious bodily injury or death, intentionally engages in conduct
87-19 reasonably likely to result in the transfer of the actor's own
87-20 blood, bodily fluids containing visible blood, semen, or vaginal
87-21 secretions into the bloodstream of another, or through the other
87-22 person's skin or other membrane, except during in utero
87-23 transmission of blood or bodily fluids, and:>
87-24 <(1) the other person did not consent to the transfer
87-25 of blood, bodily fluids containing blood, semen, or vaginal
87-26 secretions; or>
87-27 <(2) the other person consented to the transfer but at
88-1 the time of giving consent had not been informed by the actor that
88-2 the actor had AIDS or was a carrier of HIV.>
88-3 <(b) In this section, "AIDS" and "HIV" have the meanings
88-4 assigned by Section 81.101, Health and Safety Code.>
88-5 <(c) An offense under this section is a felony of the third
88-6 degree.>
88-7 Sec. 22.02. Aggravated Assault. (a) A person commits an
88-8 offense if the person commits assault as defined in Section 22.01
88-9 <of this code> and the person:
88-10 (1) causes serious bodily injury to another<,
88-11 including the person's spouse>; or
88-12 (2) <threatens with a deadly weapon or threatens to
88-13 cause bodily injury or causes bodily injury to a member of the
88-14 Board of Pardons and Paroles or the Texas Board of Criminal
88-15 Justice, an employee of the pardons and paroles division of the
88-16 Texas Department of Criminal Justice, an employee of the Windham
88-17 Schools, a peace officer, or a jailer, guard, or other employee of
88-18 a municipal or county jail, the institutional division of the Texas
88-19 Department of Criminal Justice, or a correctional facility
88-20 authorized by Subchapter F, Chapter 351, Local Government Code or
88-21 Chapter 495, Government Code, when the person knows or has been
88-22 informed the person assaulted is a member of the Board of Pardons
88-23 and Paroles or the Texas Board of Criminal Justice, an employee of
88-24 the pardons and paroles division, an employee of the Windham
88-25 Schools, a peace officer, or a jailer, guard, or other employee:>
88-26 <(A) while the member of the Board of Pardons
88-27 and Paroles or Texas Board of Criminal Justice, employee of the
89-1 pardons and paroles division, employee of the Windham Schools,
89-2 peace officer, jailer, guard, or other employee is lawfully
89-3 discharging an official duty; or>
89-4 <(B) in retaliation for or on account of an
89-5 exercise of official power or performance of an official duty as a
89-6 member of the Board of Pardons and Paroles or Texas Board of
89-7 Criminal Justice, an employee of the pardons and paroles division,
89-8 an employee of the Windham Schools, a peace officer, or a jailer,
89-9 guard, or other employee; or>
89-10 <(3) causes bodily injury to a participant in a court
89-11 proceeding when the person knows or has been informed the person
89-12 assaulted is a participant in a court proceeding:>
89-13 <(A) while the injured person is lawfully
89-14 discharging an official duty; or>
89-15 <(B) in retaliation for or on account of the
89-16 injured person's having exercised an official power or performed an
89-17 official duty as a participant in a court proceeding; or>
89-18 <(4)> uses or exhibits a deadly weapon during the
89-19 commission of the assault.
89-20 (b) <The actor is presumed to have known the person
89-21 assaulted was a peace officer if he was wearing a distinctive
89-22 uniform indicating his employment as a peace officer.>
89-23 <(c)> An offense under this section is a felony of the
89-24 second <third> degree, except that <unless the offense is committed
89-25 under Subdivision (2) of Subsection (a) of this section and the
89-26 person uses a deadly weapon, in which event> the offense is a
89-27 felony of the first degree if the offense is committed:
90-1 (1) by a public servant acting under color of the
90-2 servant's office or employment;
90-3 (2) against a person the actor knows is a public
90-4 servant while the public servant is lawfully discharging an
90-5 official duty, or in retaliation or on account of an exercise of
90-6 official power or performance of an official duty as a public
90-7 servant; or
90-8 (3) in retaliation against or on account of the
90-9 service of another as a witness, prospective witness, informant, or
90-10 person who has reported the occurrence of a crime.
90-11 (c) The actor is presumed to have known the person assaulted
90-12 was a public servant if the person was wearing a distinctive
90-13 uniform or badge indicating the person's employment as a public
90-14 servant.
90-15 <(d) A person commits an offense if the person commits
90-16 assault as defined in Section 22.01 of this code and the person
90-17 threatens with a deadly weapon or causes serious bodily injury to
90-18 an officer employed by a community supervision and corrections
90-19 department, an employee of a community corrections facility
90-20 operated by or for a community supervision and corrections
90-21 department and listed in Section 6, Article 42.13, Code of Criminal
90-22 Procedure, a juvenile probation officer, or an employee of a
90-23 juvenile probation department or a juvenile detention center:>
90-24 <(1) while the officer or employee is acting in the
90-25 lawful discharge of an official duty; or>
90-26 <(2) in retaliation for or on account of an exercise
90-27 of official power or performance of an official duty by the officer
91-1 or employee.>
91-2 Sec. 22.021. Aggravated Sexual Assault. (a) A person
91-3 commits an offense:
91-4 (1) if the person:
91-5 (A) intentionally or knowingly:
91-6 (i) causes the penetration of the anus or
91-7 female sexual organ of another person by any means, without that
91-8 person's consent;
91-9 (ii) causes the penetration of the mouth
91-10 of another person by the sexual organ of the actor, without that
91-11 person's consent; or
91-12 (iii) causes the sexual organ of another
91-13 person, without that person's consent, to contact or penetrate the
91-14 mouth, anus, or sexual organ of another person, including the
91-15 actor; or
91-16 (B) intentionally or knowingly:
91-17 (i) causes the penetration of the anus or
91-18 female sexual organ of a child by any means;
91-19 (ii) causes the penetration of the mouth
91-20 of a child by the sexual organ of the actor;
91-21 (iii) causes the sexual organ of a child
91-22 to contact or penetrate the mouth, anus, or sexual organ of another
91-23 person, including the actor; or
91-24 (iv) causes the anus of a child to contact
91-25 the mouth, anus, or sexual organ of another person, including the
91-26 actor; and
91-27 (2) if:
92-1 (A) the person:
92-2 (i) causes serious bodily injury or
92-3 attempts to cause the death of the victim or another person in the
92-4 course of the same criminal episode;
92-5 (ii) by acts or words places the victim in
92-6 fear that death, serious bodily injury, or kidnapping will be
92-7 imminently inflicted on any person;
92-8 (iii) by acts or words occurring in the
92-9 presence of the victim threatens to cause the death, serious bodily
92-10 injury, or kidnapping of any person; or
92-11 (iv) uses or exhibits a deadly weapon in
92-12 the course of the same criminal episode; or
92-13 (B) the victim is younger than 14 years of age.
92-14 (b) In this section, "child" has the meaning assigned that
92-15 term by Section 22.011(c) <of this code>.
92-16 (c) An aggravated sexual assault under this section is
92-17 without the consent of the other person if the aggravated sexual
92-18 assault occurs under the same circumstances listed in Section
92-19 22.011(b) <of this code>.
92-20 (d) <The defense provided by Section 22.011(d)(1) of this
92-21 code and the affirmative defense provided by Section 22.011(e) of
92-22 this code do not apply to this section.> The defense provided by
92-23 Section 22.011(d) applies <(d)(2) of this section does apply> to
92-24 this section.
92-25 (e) An offense under this section is a felony of the first
92-26 degree.
92-27 <Sec. 22.03. DEADLY ASSAULT ON LAW ENFORCEMENT OR
93-1 CORRECTIONS OFFICER, MEMBER OR EMPLOYEE OF BOARD OF PARDONS AND
93-2 PAROLES, COURT PARTICIPANT, PROBATION PERSONNEL, OR EMPLOYEE OF
93-3 TEXAS YOUTH COMMISSION. (a) A person commits an offense if, with
93-4 a deadly weapon, he intentionally or knowingly causes serious
93-5 bodily injury:>
93-6 <(1) to a peace officer, a jailer, a guard, or other
93-7 employee of a municipal or county jail, the institutional division
93-8 of the Texas Department of Criminal Justice, or a correctional
93-9 facility authorized by Subchapter F, Chapter 351, Local Government
93-10 Code, or Chapter 495, Government Code, a member of the Board of
93-11 Pardons and Paroles or the Texas Board of Criminal Justice, an
93-12 employee of the Windham Schools, or an employee of the pardons and
93-13 paroles division of the Texas Department of Criminal Justice, where
93-14 he knows or has been informed the person assaulted is a peace
93-15 officer, jailer, guard, other employee, member of the Board of
93-16 Pardons and Paroles or the Texas Board of Criminal Justice,
93-17 employee of the Windham Schools, or employee of the pardons and
93-18 paroles division:>
93-19 <(A) while the peace officer, jailer, guard,
93-20 other employee, member of the Board of Pardons and Paroles or the
93-21 Texas Board of Criminal Justice, or employee of the pardons and
93-22 paroles division is acting in the lawful discharge of an official
93-23 duty; or>
93-24 <(B) in retaliation for or on account of an
93-25 exercise of official power or performance of an official duty as a
93-26 peace officer, jailer, guard, other employee, member of the Board
93-27 of Pardons and Paroles or the Texas Board of Criminal Justice,
94-1 employee of the Windham Schools, or employee of the pardons and
94-2 paroles division; or>
94-3 <(2) to a participant in a court proceeding when he
94-4 knows or has been informed that the person assaulted is a
94-5 participant in a court proceeding:>
94-6 <(A) while the injured person is in the lawful
94-7 discharge of official duty; or>
94-8 <(B) in retaliation for or on account of the
94-9 injured person's having exercised an official power or performed an
94-10 official duty as a participant in a court proceeding.>
94-11 <(b) The actor is presumed to have known the person
94-12 assaulted was a peace officer if he was wearing a distinctive
94-13 uniform indicating his employment as a peace officer.>
94-14 <(c) An offense under this section is a felony of the first
94-15 degree.>
94-16 <(d) A person commits an offense if, with a deadly weapon,
94-17 the person intentionally or knowingly causes serious bodily injury
94-18 to an officer employed by a community supervision and corrections
94-19 department, an employee of a community corrections facility
94-20 operated by or for a community supervision and corrections
94-21 department and listed in Section 6, Article 42.13, Code of Criminal
94-22 Procedure, a juvenile probation officer, or an employee of a
94-23 juvenile probation department or a juvenile detention center:>
94-24 <(1) while the officer or employee is acting in the
94-25 lawful discharge of an official duty; or>
94-26 <(2) in retaliation for or on account of an exercise
94-27 of official power or performance of an official duty by the officer
95-1 or employee.>
95-2 <(e) A person commits an offense if, with a deadly weapon,
95-3 the person intentionally or knowingly causes serious bodily injury
95-4 to an employee of the Texas Youth Commission:>
95-5 <(1) while the employee is acting in the lawful
95-6 discharge of an official duty; or>
95-7 <(2) in retaliation for or on account of an exercise
95-8 of official power or performance of an official duty by the
95-9 employee.>
95-10 Sec. 22.04. Injury to a Child, Elderly Individual, or
95-11 Invalid. (a) A person commits an offense if he intentionally,
95-12 knowingly, recklessly, or with criminal negligence, by act or
95-13 intentionally, knowingly, or recklessly by omission, causes to a
95-14 child, elderly individual, or invalid individual:
95-15 (1) serious bodily injury;
95-16 (2) serious <physical or> mental deficiency, <or>
95-17 impairment, or injury; or
95-18 (3) <disfigurement or deformity; or>
95-19 <(4)> bodily injury.
95-20 (b) An omission that causes a condition described by
95-21 Subsections (a)(1) through (a)(3) <(a)(4) of this section> is
95-22 conduct constituting an offense under this section if:
95-23 (1) the actor has a legal or statutory duty to act; or
95-24 (2) the actor has assumed care, custody, or control of
95-25 a child, elderly individual, or invalid individual.
95-26 (c) In this section:
95-27 (1) "Child" means a person 14 years of age or younger.
96-1 (2) "Elderly individual" means a person 65 years of
96-2 age or older.
96-3 (3) "Invalid individual" means a person older than 14
96-4 years of age who by reason of age or physical or mental disease,
96-5 defect, or injury is substantially unable to protect himself from
96-6 harm or to provide food, shelter, or medical care for himself.
96-7 (d) The actor has assumed care, custody, or control if he
96-8 has by act, words, or course of conduct acted so as to cause a
96-9 reasonable person to conclude that he has accepted responsibility
96-10 for protection, food, shelter, and medical care for a child,
96-11 elderly individual, or invalid individual.
96-12 (e) An offense under Subsection (a)(1) or<,> (2)<, or (3) of
96-13 this section> is a felony of the first degree when the conduct is
96-14 committed intentionally or knowingly. When the conduct is engaged
96-15 in recklessly it shall be a felony of the second <third> degree.
96-16 (f) An offense under Subsection (a)(3) <(a)(4) of this
96-17 section> is a felony of the third degree when the conduct is
96-18 committed intentionally or knowingly. When the conduct is engaged
96-19 in recklessly it shall be a felony of the fourth degree <Class A
96-20 misdemeanor>.
96-21 (g) An offense under Subsection (a) <of this section> when
96-22 the person acts with criminal negligence shall be a felony of the
96-23 fourth degree <Class A misdemeanor>.
96-24 (h) A person who is subject to prosecution under both this
96-25 section and another section of this code may be prosecuted under
96-26 either or both sections. Section 3.04 <of this code> does not
96-27 apply to criminal episodes prosecuted under both this section and
97-1 another section of this code. If a criminal episode is prosecuted
97-2 under both this section and another section of this code and
97-3 sentences are assessed for convictions under both sections, the
97-4 sentences shall run concurrently.
97-5 (i) It is an affirmative defense to prosecution under
97-6 Subsection (b)(2) <of this section> that before the offense the
97-7 actor:
97-8 (1) notified in person the child, elderly individual,
97-9 or invalid individual that he would no longer provide any of the
97-10 care described by Subsection (d) <of this section>; and
97-11 (2) notified in writing the parents or person other
97-12 than himself acting in loco parentis to the child, elderly
97-13 individual, or invalid individual that he would no longer provide
97-14 any of the care described by Subsection (d) <of this section>; or
97-15 (3) notified in writing the Texas Department of Human
97-16 Services that he would no longer provide any of the care set forth
97-17 in Subsection (d) <of this section>.
97-18 (j) Written notification under Subsection (i)(2) or (i)(3)
97-19 <of this section> is not effective unless it contains the name and
97-20 address of the actor, the name and address of the child, elderly
97-21 individual, or invalid individual, the type of care provided by the
97-22 actor, and the date the care was discontinued.
97-23 (k)(1) It is a defense to prosecution under this section
97-24 that the act or omission consisted of:
97-25 (A) reasonable medical care occurring under the
97-26 direction of or by a licensed physician; or
97-27 (B) emergency medical care administered in good
98-1 faith and with reasonable care by a person not licensed in the
98-2 healing arts.
98-3 (2) It is an affirmative defense to prosecution under
98-4 this section that the act or omission was based on treatment in
98-5 accordance with the tenets and practices of a recognized religious
98-6 method of healing with a generally accepted record of efficacy.
98-7 Sec. 22.041. Abandoning or Endangering Child. (a) In this
98-8 section, "abandon" means to leave a child in any place without
98-9 providing reasonable and necessary care for the child, under
98-10 circumstances under which no reasonable, similarly situated adult
98-11 would leave a child of that age and ability.
98-12 (b) A person commits an offense if, having custody, care, or
98-13 control of a child younger than 15 years, he intentionally abandons
98-14 the child in any place under circumstances that expose the child to
98-15 an unreasonable risk of harm.
98-16 (c) A person commits an offense if he intentionally,
98-17 knowingly, recklessly, or with criminal negligence, by act or
98-18 omission, engages in conduct that places a child younger than 15
98-19 years in imminent danger of death, bodily injury, or physical or
98-20 mental impairment.
98-21 (d) Except as provided by Subsection (e) <of this section>,
98-22 an offense under Subsection (b) <of this section> is:
98-23 (1) a felony of the fourth degree <Class A
98-24 misdemeanor> if the actor abandoned the child with intent to return
98-25 for the child; or
98-26 (2) a felony of the third degree if the actor
98-27 abandoned the child without intent to return for the child.
99-1 (e) An offense under Subsection (b) <of this section> is a
99-2 felony of the second degree if the actor abandons the child under
99-3 circumstances that a reasonable person would believe would place
99-4 the child in imminent danger of death, bodily injury, or physical
99-5 or mental impairment.
99-6 (f) An offense under Subsection (c) <of this section> is a
99-7 felony of the fourth degree <Class A misdemeanor>.
99-8 Sec. 22.05. Deadly <Reckless> Conduct. (a) A person
99-9 commits an offense if he recklessly engages in conduct that places
99-10 another in imminent danger of serious bodily injury.
99-11 (b) A person commits an offense if he knowingly discharges a
99-12 firearm at or in the direction of:
99-13 (1) one or more individuals; or
99-14 (2) a habitation, building, vehicle, or location in
99-15 which it is likely that an individual will be present.
99-16 (c) Recklessness and danger are presumed if the actor
99-17 knowingly pointed a firearm at or in the direction of another
99-18 whether or not the actor believed the firearm to be loaded.
99-19 (d) For purposes of this section, "building," "habitation,"
99-20 and "vehicle" have the meanings assigned those terms by Section
99-21 30.01.
99-22 (e) <(c)> An offense under Subsection (a) <this section> is
99-23 a Class A <B> misdemeanor. An offense under Subsection (b) is a
99-24 felony of the third degree.
99-25 Sec. 22.06. Consent as Defense to Assaultive Conduct. The
99-26 victim's effective consent or the actor's reasonable belief that
99-27 the victim consented to the actor's conduct is a defense to
100-1 prosecution under Section 22.01 (Assault), 22.02 (Aggravated
100-2 Assault), or 22.05 (Reckless Conduct) <of this code> if:
100-3 (1) the conduct did not threaten or inflict serious
100-4 bodily injury; or
100-5 (2) the victim knew the conduct was a risk of:
100-6 (A) his occupation;
100-7 (B) recognized medical treatment; or
100-8 (C) a scientific experiment conducted by
100-9 recognized methods.
100-10 Sec. 22.07. Terroristic Threat. (a) A person commits an
100-11 offense if he threatens to commit any offense involving violence to
100-12 any person or property with intent to:
100-13 (1) cause a reaction of any type to his threat by an
100-14 official or volunteer agency organized to deal with emergencies;
100-15 (2) place any person in fear of imminent serious
100-16 bodily injury; or
100-17 (3) prevent or interrupt the occupation or use of a
100-18 building; room; place of assembly; place to which the public has
100-19 access; place of employment or occupation; aircraft, automobile, or
100-20 other form of conveyance; or other public place; or
100-21 (4) cause impairment or interruption of public
100-22 communications, public transportation, public water, gas, or power
100-23 supply or other public service.
100-24 (b) An offense under Subdivision (1) or (2) of Subsection
100-25 (a) <of this section> is a Class B misdemeanor. An offense under
100-26 Subdivision (3) of Subsection (a) <of this section> is a Class A
100-27 misdemeanor. An offense under Subdivision (4) of Subsection (a)
101-1 <of this section> is a felony of the third degree.
101-2 Sec. 22.08. Aiding Suicide. (a) A person commits an
101-3 offense if, with intent to promote or assist the commission of
101-4 suicide by another, he aids or attempts to aid the other to commit
101-5 or attempt to commit suicide.
101-6 (b) An offense under this section is a Class C misdemeanor
101-7 unless the actor's conduct causes suicide or attempted suicide that
101-8 results in serious bodily injury, in which event the offense is a
101-9 felony of the fourth <third> degree.
101-10 Sec. 22.09. Tampering With Consumer Product. (a) In this
101-11 section:
101-12 (1) "Consumer Product" means any product offered for
101-13 sale to or for consumption by the public and includes "food" and
101-14 "drugs" as those terms are defined in Section 431.002, Health and
101-15 Safety Code.
101-16 (2) "Tamper" means to alter or add a foreign substance
101-17 to a consumer product to make it probable that the consumer product
101-18 will cause serious bodily injury.
101-19 (b) A person commits an offense if he knowingly or
101-20 intentionally tampers with a consumer product knowing that the
101-21 consumer product will be offered for sale to the public or as a
101-22 gift to another.
101-23 (c) A person commits an offense if he knowingly or
101-24 intentionally threatens to tamper with a consumer product with the
101-25 intent to cause fear, to affect the sale of the consumer product,
101-26 or to cause bodily injury to any person.
101-27 (d) An offense under Subsection (b) <of this section> is a
102-1 felony of the second degree unless a person suffers serious bodily
102-2 injury, in which event it is a felony of the first degree. An
102-3 offense under Subsection (c) <of this section> is a felony of the
102-4 third degree.
102-5 Sec. 22.10. Leaving a Child in a Vehicle. (a) A person
102-6 commits an offense if he intentionally or knowingly leaves a child
102-7 in a motor vehicle for longer than five minutes, knowing that the
102-8 child is:
102-9 (1) younger than seven years of age; and
102-10 (2) not attended by an individual in the vehicle who
102-11 is 14 years of age or older.
102-12 (b) An offense under this section is a Class C misdemeanor.
102-13 TITLE 6. OFFENSES AGAINST THE FAMILY
102-14 CHAPTER 25. OFFENSES AGAINST THE FAMILY
102-15 Sec. 25.01. Bigamy. (a) An individual commits an offense
102-16 if:
102-17 (1) he is legally married and he:
102-18 (A) purports to marry or does marry a person
102-19 other than his spouse in this state, or any other state or foreign
102-20 country, under circumstances that would, but for the actor's prior
102-21 marriage, constitute a marriage; or
102-22 (B) lives with a person other than his spouse in
102-23 this state under the appearance of being married; or
102-24 (2) he knows that a married person other than his
102-25 spouse is married and he:
102-26 (A) purports to marry or does marry that person
102-27 in this state, or any other state or foreign country, under
103-1 circumstances that would, but for the person's prior marriage,
103-2 constitute a marriage; or
103-3 (B) lives with that person in this state under
103-4 the appearance of being married.
103-5 (b) For purposes of this section, "under the appearance of
103-6 being married" means holding out that the parties are married with
103-7 cohabitation and an intent to be married by either party.
103-8 (c) It is a defense to prosecution under Subsection (a)(1)
103-9 <of this section> that the actor reasonably believed that his
103-10 marriage was void or had been dissolved by death, divorce, or
103-11 annulment.
103-12 (d) For the purposes of this section, the lawful wife or
103-13 husband of the actor may testify both for or against the actor
103-14 concerning proof of the original marriage.
103-15 (e) An offense under this section is a Class A misdemeanor
103-16 <felony of the third degree>.
103-17 Sec. 25.02. Prohibited Sexual Conduct <Incest>. (a) An
103-18 individual commits an offense if he engages in sexual intercourse
103-19 or deviate sexual intercourse with a person he knows to be, without
103-20 regard to legitimacy:
103-21 (1) his ancestor or descendant by blood or adoption;
103-22 (2) his stepchild or stepparent, while the marriage
103-23 creating that relationship exists;
103-24 (3) his parent's brother or sister of the whole or
103-25 half blood;
103-26 (4) his brother or sister of the whole or half blood
103-27 or by adoption; or
104-1 (5) the children of his brother or sister of the whole
104-2 or half blood or by adoption.
104-3 (b) For purposes of this section:
104-4 (1) "Deviate sexual intercourse" means any contact
104-5 between the genitals of one person and the mouth or anus of another
104-6 person with intent to arouse or gratify the sexual desire of any
104-7 person.
104-8 (2) "Sexual intercourse" means any penetration of the
104-9 female sex organ by the male sex organ.
104-10 (c) An offense under this section is a felony of the third
104-11 degree.
104-12 Sec. 25.03. Interference With Possession of or Access to a
104-13 Child <Custody>. (a) A person commits an offense if the person
104-14 <he> takes, entices away, or retains a child younger than 18 years
104-15 with intent to deprive another person of lawful possession of or
104-16 access to the child when the person <he>:
104-17 (1) knows that the <his> taking, enticement, or
104-18 retention violates the express terms of a judgment or order of a
104-19 court regarding the conservatorship or possession of or access to
104-20 the child <disposing of the child's custody>; or
104-21 (2) <has not been awarded custody of the child by a
104-22 court of competent jurisdiction,> knows that a suit regarding the
104-23 conservatorship or possession of or access to the child <for
104-24 divorce or a civil suit or application for habeas corpus to dispose
104-25 of the child's custody> has been filed, and takes the child out of
104-26 the geographic area of the counties composing the judicial district
104-27 if the court is a district court or the county if the court is a
105-1 statutory county court, without the permission of the court and
105-2 with the intent to deprive the court of authority over the child.
105-3 (b) It is not a defense to prosecution under Subsection (a)
105-4 that the actor is a joint managing conservator of the child <A
105-5 noncustodial parent commits an offense if, with the intent to
105-6 interfere with the lawful custody of a child younger than 18 years,
105-7 he knowingly entices or persuades the child to leave the custody of
105-8 the custodial parent, guardian, or person standing in the stead of
105-9 the custodial parent or guardian of the child>.
105-10 (c) It is a defense to prosecution under Subsection (a)(2)
105-11 <of this section> that the actor returned the child to the
105-12 geographic area of the counties composing the judicial district if
105-13 the court is a district court or the county if the court is a
105-14 statutory county court, within three days after the date of the
105-15 commission of the offense.
105-16 (d) An offense under this section is a felony of the fourth
105-17 <third> degree.
105-18 Sec. 25.031. Agreement to Abduct from Custody. (a) A
105-19 person commits an offense if the person agrees, for remuneration or
105-20 the promise of remuneration, to abduct a child younger than 18
105-21 years of age by force, threat of force, misrepresentation, stealth,
105-22 or unlawful entry, knowing that the child is under the care and
105-23 control of a person having custody or physical possession of the
105-24 child under a court order or under the care and control of another
105-25 person who is exercising care and control with the consent of a
105-26 person having custody or physical possession under a court order.
105-27 (b) An offense under this section is a felony of the fourth
106-1 <third> degree.
106-2 Sec. 25.04. Enticing a Child. (a) A person commits an
106-3 offense if, with the intent to interfere with the lawful custody of
106-4 a child younger than 18 years, he knowingly entices, persuades, or
106-5 takes the child from the custody of the parent or guardian or
106-6 person standing in the stead of the parent or guardian of such
106-7 child.
106-8 (b) An offense under this section is a Class B misdemeanor.
106-9 Sec. 25.05. Criminal Nonsupport. (a) An individual commits
106-10 an offense if he intentionally or knowingly fails to provide
106-11 support for his child younger than 18 years of age, or for his
106-12 child who is the subject of a court order requiring the individual
106-13 to support the child.
106-14 (b) For purposes of this section, "child" includes a child
106-15 born out of wedlock whose paternity has either been acknowledged by
106-16 the actor or has been established in a civil suit under the Family
106-17 Code or the law of another state.
106-18 (c) Under this section, a conviction may be had on the
106-19 uncorroborated testimony of a party to the offense.
106-20 (d) It is an affirmative defense to prosecution under this
106-21 section that the actor could not provide support for his child.
106-22 (e) The pendency of a prosecution under this section does
106-23 not affect the power of a court to enter an order for child support
106-24 under the Family Code.
106-25 (f) Except as provided in Subsection (g) <of this section>,
106-26 an offense under this section is a Class A misdemeanor.
106-27 (g) An offense under this section is a felony of the third
107-1 degree if the actor<:>
107-2 <(1) has been convicted one or more times under this
107-3 section; or>
107-4 <(2)> commits the offense and leaves the state to
107-5 reside <while residing> in another state.
107-6 Sec. 25.06. <Solicitation of a Child><. (a) A person commits
107-7 an offense if he entices, persuades, or invites a child younger
107-8 than 14 years to enter a vehicle, building, structure, or enclosed
107-9 area with intent to engage in or propose engaging in sexual
107-10 intercourse, deviate sexual intercourse, or sexual contact with the
107-11 child or with intent to expose his anus or any part of his genitals
107-12 to the child.>
107-13 <(b) The definitions of "sexual intercourse," "deviate
107-14 sexual intercourse," and "sexual contact" in Chapter 21 of this
107-15 code apply to this section.>
107-16 <(c) An offense under this section is a Class A misdemeanor
107-17 unless the actor takes the child out of the county of residence of
107-18 the parent, guardian, or person standing in the stead of the parent
107-19 or guardian of the child, in which event the offense is a felony of
107-20 the third degree.>
107-21 <Sec. 25.07.> Harboring Runaway Child. (a) A person
107-22 commits an offense if he knowingly harbors a child and he is
107-23 criminally negligent about whether the child:
107-24 (1) is younger than 18 years; and
107-25 (2) has escaped from the custody of a peace officer, a
107-26 probation officer, the Texas Youth Council, or a detention facility
107-27 for children, or is voluntarily absent from the child's home
108-1 without the consent of the child's parent or guardian for a
108-2 substantial length of time or without the intent to return.
108-3 (b) It is a defense to prosecution under this section that
108-4 the actor was related to the child within the second degree by
108-5 consanguinity or affinity, as determined under Article 5996h,
108-6 Revised Statutes.
108-7 (c) It is a defense to prosecution under this section that
108-8 the actor notified:
108-9 (1) the person or agency from which the child escaped
108-10 or a law enforcement agency of the presence of the child within 24
108-11 hours after discovering that the child had escaped from custody; or
108-12 (2) a law enforcement agency or a person at the
108-13 child's home of the presence of the child within 24 hours after
108-14 discovering that the child was voluntarily absent from home without
108-15 the consent of the child's parent or guardian.
108-16 (d) An offense under this section is a Class A misdemeanor.
108-17 (e) On the receipt of a report from a peace officer,
108-18 probation officer, the Texas Youth Council, a foster home, or a
108-19 detention facility for children that a child has escaped its
108-20 custody or upon receipt of a report from a parent, guardian,
108-21 conservator, or legal custodian that a child is missing, a law
108-22 enforcement agency shall immediately enter a record of the child
108-23 into the National Crime Information Center.
108-24 Sec. 25.07 <25.08>. Violation of a Protective Order. (a) A
108-25 person commits an offense if, in violation of an order issued under
108-26 Section 3.581, Section 71.11, or Section 71.12, Family Code, the
108-27 person knowingly or intentionally:
109-1 (1) commits family violence;
109-2 (2) directly communicates with a member of the family
109-3 or household in a threatening or harassing manner, communicates a
109-4 threat through any person to a member of the family or household,
109-5 and, if the order prohibits any communication with a member of the
109-6 family or household, communicates in any manner with the member of
109-7 the family or household except through the person's attorney or a
109-8 person appointed by the court; or
109-9 (3) goes to or near any of the following places as
109-10 specifically described in the protective order:
109-11 (A) the residence or place of employment or
109-12 business of a member of the family or household; or
109-13 (B) any child care facility, residence, or
109-14 school where a child protected by the protective order normally
109-15 resides or attends.
109-16 (b) For the purposes of this section, "family violence,"
109-17 "family," "household," and "member of a household" have the
109-18 meanings assigned by Section 71.01, Family Code.
109-19 (c) If conduct constituting an offense under this section
109-20 also constitutes an offense under another section of this code, the
109-21 actor may be prosecuted under either section or under both
109-22 sections.
109-23 (d) Reconciliatory actions or agreements made by persons
109-24 affected by a protective order do not affect the validity of the
109-25 order or the duty of a peace officer to enforce this section.
109-26 (e) A peace officer investigating conduct that may
109-27 constitute an offense under this section for a violation of a
110-1 protective order may not arrest a person protected by that order
110-2 for a violation of that order.
110-3 (f) It is not a defense to prosecution under this section
110-4 that certain information has been excluded, as provided by Section
110-5 71.111, Family Code, from an order to which this section applies.
110-6 (g) An offense under this section is a Class A misdemeanor.
110-7 <However, if it is shown at the trial for the offense that the
110-8 actor has been previously convicted under this section two or more
110-9 times, the offense is a felony of the third degree.>
110-10 Sec. 25.08 <25.11>. Sale or Purchase of Child. (a) A
110-11 person commits an offense if he:
110-12 (1) possesses a child younger than 18 years of age or
110-13 has the custody, conservatorship, or guardianship of a child
110-14 younger than 18 years of age, whether or not he has actual
110-15 possession of the child, and he offers to accept, agrees to accept,
110-16 or accepts a thing of value for the delivery of the child to
110-17 another or for the possession of the child by another for purposes
110-18 of adoption; or
110-19 (2) offers to give, agrees to give, or gives a thing
110-20 of value to another for acquiring or maintaining the possession of
110-21 a child for the purpose of adoption.
110-22 (b) It is an exception to the application of this section
110-23 that the thing of value is:
110-24 (1) a fee paid to a child-placing agency as authorized
110-25 by law;
110-26 (2) a fee paid to an attorney or physician for
110-27 services rendered in the usual course of legal or medical practice;
111-1 or
111-2 (3) a reimbursement of legal or medical expenses
111-3 incurred by a person for the benefit of the child.
111-4 (c) An offense under this section is a felony of the third
111-5 degree <unless the actor has been convicted previously under this
111-6 section, in which event the offense is a felony of the second
111-7 degree>.
111-8 TITLE 7. OFFENSES AGAINST PROPERTY
111-9 CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND
111-10 OTHER PROPERTY DAMAGE OR DESTRUCTION
111-11 Sec. 28.01. Definitions. In this chapter:
111-12 (1) "Habitation" means a structure or vehicle that is
111-13 adapted for the overnight accommodation of persons and includes:
111-14 (A) each separately secured or occupied portion
111-15 of the structure or vehicle; and
111-16 (B) each structure appurtenant to or connected
111-17 with the structure or vehicle.
111-18 (2) "Building" means any structure or enclosure
111-19 intended for use or occupation as a habitation or for some purpose
111-20 of trade, manufacture, ornament, or use.
111-21 (3) "Property" means:
111-22 (A) real property;
111-23 (B) tangible or intangible personal property,
111-24 including anything severed from land; or
111-25 (C) a document, including money, that represents
111-26 or embodies anything of value.
111-27 (4) "Vehicle" includes any device in, on, or by which
112-1 any person or property is or may be propelled, moved, or drawn in
112-2 the normal course of commerce or transportation.
112-3 (5) "Open-space land" means real property that is
112-4 undeveloped for the purpose of human habitation.
112-5 (6) "Controlled burning" means the burning of unwanted
112-6 vegetation with the consent of the owner of the property on which
112-7 the vegetation is located and in such a manner that the fire is
112-8 controlled and limited to a designated area.
112-9 Sec. 28.02. Arson. (a) A person commits an offense if he
112-10 starts a fire or causes an explosion with intent to destroy or
112-11 damage:
112-12 (1) any vegetation, fence, or structure on open-space
112-13 land; or
112-14 (2) any building, habitation, or vehicle:
112-15 (A) knowing that it is within the limits of an
112-16 incorporated city or town;
112-17 (B) knowing that it is insured against damage or
112-18 destruction;
112-19 (C) knowing that it is subject to a mortgage or
112-20 other security interest;
112-21 (D) knowing that it is located on property
112-22 belonging to another;
112-23 (E) knowing that it has located within it
112-24 property belonging to another; or
112-25 (F) when he is reckless about whether the
112-26 burning or explosion will endanger the life of some individual or
112-27 the safety of the property of another.
113-1 (b) It is an exception to the application of Subsection
113-2 (a)(1) <of this section> that the fire or explosion was a part of
113-3 the controlled burning of open-space land.
113-4 (c) It is a defense to prosecution under Subsection
113-5 (a)(2)(A) <of this section> that prior to starting the fire or
113-6 causing the explosion, the actor obtained a permit or other written
113-7 authorization granted in accordance with a city ordinance, if any,
113-8 regulating fires and explosions.
113-9 (d) An offense under this section is a felony of the second
113-10 degree, unless bodily injury or death is suffered by any person by
113-11 reason of the commission of the offense, in which event it is a
113-12 felony of the first degree.
113-13 Sec. 28.03. Criminal Mischief. (a) A person commits an
113-14 offense if, without the effective consent of the owner:
113-15 (1) he intentionally or knowingly damages or destroys
113-16 the tangible property of the owner;
113-17 (2) he intentionally or knowingly tampers with the
113-18 tangible property of the owner and causes pecuniary loss or
113-19 substantial inconvenience to the owner or a third person; or
113-20 (3) he intentionally or knowingly makes markings,
113-21 including inscriptions, slogans, drawings, or paintings, on the
113-22 tangible property of the owner.
113-23 (b) Except as provided by Subsection (f), an offense under
113-24 this section is:
113-25 (1) a Class C misdemeanor if:
113-26 (A) the amount of pecuniary loss is less than
113-27 $50 <$20>; or
114-1 (B) except as provided in Subdivision
114-2 (3)<(4)>(B) <of this subsection>, it causes substantial
114-3 inconvenience to others;
114-4 (2) a Class B misdemeanor if the amount of pecuniary
114-5 loss is $50 <$20> or more but less than $500 <$200>;
114-6 (3) a Class A misdemeanor if the amount of pecuniary
114-7 loss is:
114-8 (A) $500 <$200> or more but less than $1,500
114-9 <$750>; or
114-10 (B) less than $1,500 and the actor causes in
114-11 whole or in part impairment or interruption of public
114-12 communications, public transportation, public water, gas, or power
114-13 supply, or other public service, or causes to be diverted in whole,
114-14 in part, or in any manner, including installation or removal of any
114-15 device for any such purpose, any public communications, public
114-16 water, gas, or power supply;
114-17 (4) a felony of the fourth <third> degree if:
114-18 (A) the amount of pecuniary loss is $1,500
114-19 <$750> or more but less than $20,000;
114-20 (B) <regardless of the amount of pecuniary loss,
114-21 the actor causes in whole or in part impairment or interruption of
114-22 public communications, public transportation, public water, gas, or
114-23 power supply, or other public service, or diverts, or causes to be
114-24 diverted in whole, in part, or in any manner, including
114-25 installation or removal of any device for such purpose, any public
114-26 communications, public water, gas, or power supply;>
114-27 <(C)> regardless of the amount of pecuniary
115-1 loss, the property is one or more head of cattle, horses, sheep,
115-2 swine, or goats;
115-3 (C) <(D)> regardless of the amount of pecuniary
115-4 loss, the property was a fence used for the production of cattle,
115-5 horses, sheep, swine, or goats; or
115-6 (D) <(E)> regardless of the amount of pecuniary
115-7 loss, the damage or destruction was inflicted by branding one or
115-8 more head of cattle, horses, sheep, swine, or goats;<.>
115-9 (5) a felony of the third <second> degree if the
115-10 amount of the pecuniary loss is $20,000 or more but less than
115-11 $100,000; or
115-12 (6) a felony of the second degree if the amount of
115-13 pecuniary loss is $100,000 or more.
115-14 (c) For the purposes of this section, it shall be presumed
115-15 that a person <in whose name public communications, public water,
115-16 gas, or power supply is or was last billed and> who is receiving
115-17 the economic benefit of public communications, public water, gas,
115-18 or power <said communication or> supply, has knowingly tampered
115-19 with the tangible property of the owner if the communication or
115-20 supply has been:
115-21 (1) diverted from passing through a metering device;
115-22 or
115-23 (2) prevented from being correctly registered by a
115-24 metering device; or
115-25 (3) activated by any device installed to obtain public
115-26 communications, public water, gas, or power supply without a
115-27 metering device.
116-1 (d) The term "public communication, public transportation,
116-2 public water, gas, or power supply, or other public service" shall
116-3 mean, refer to, and include any such services subject to regulation
116-4 by the Public Utility Commission of Texas, the Railroad Commission
116-5 of Texas, or the Texas Water Commission or any such services
116-6 enfranchised by the State of Texas or any political subdivision
116-7 thereof.
116-8 (e) When more than one item of tangible property, belonging
116-9 to one or more owners, is damaged, destroyed, or tampered with in
116-10 violation of this section pursuant to one scheme or continuing
116-11 course of conduct, the conduct may be considered as one offense,
116-12 and the amounts of pecuniary loss to property resulting from the
116-13 damage to, destruction of, or tampering with the property may be
116-14 aggregated in determining the grade of the offense.
116-15 (f) An offense under this section is:
116-16 (1) a felony of the fourth <third> degree if the
116-17 damage or destruction is inflicted on a place of worship or burial,
116-18 a public monument, or a community center that provides medical,
116-19 social, or educational programs and the amount of the pecuniary
116-20 loss to real property or to tangible personal property is $20 or
116-21 more <but less than $20,000>; or
116-22 (2) a felony of the second degree if the damage or
116-23 destruction is inflicted on a place of worship or a community
116-24 center that provides medical, social, or educational programs and
116-25 the amount of the pecuniary loss to real property or to tangible
116-26 personal property is $20,000 or more.
116-27 Sec. 28.04. Reckless Damage or Destruction. (a) A person
117-1 commits an offense if, without the effective consent of the owner,
117-2 he recklessly damages or destroys property of the owner.
117-3 (b) An offense under this section is a Class C misdemeanor.
117-4 Sec. 28.05. Actor's Interest in Property. It is no defense
117-5 to prosecution under this chapter that the actor has an interest in
117-6 the property damaged or destroyed if another person also has an
117-7 interest that the actor is not entitled to infringe.
117-8 Sec. 28.06. Amount of Pecuniary Loss. (a) The amount of
117-9 pecuniary loss under this chapter, if the property is destroyed,
117-10 is:
117-11 (1) the fair market value of the property at the time
117-12 and place of the destruction; or
117-13 (2) if the fair market value of the property cannot be
117-14 ascertained, the cost of replacing the property within a reasonable
117-15 time after the destruction.
117-16 (b) The amount of pecuniary loss under this chapter, if the
117-17 property is damaged, is the cost of repairing or restoring the
117-18 damaged property within a reasonable time after the damage
117-19 occurred.
117-20 (c) The amount of pecuniary loss under this chapter for
117-21 documents, other than those having a readily ascertainable market
117-22 value, is:
117-23 (1) the amount due and collectible at maturity less
117-24 any part that has been satisfied, if the document constitutes
117-25 evidence of a debt; or
117-26 (2) the greatest amount of economic loss that the
117-27 owner might reasonably suffer by virtue of the destruction or
118-1 damage if the document is other than evidence of a debt.
118-2 (d) If the amount of pecuniary loss cannot be ascertained by
118-3 the criteria set forth in Subsections (a) through (c) <of this
118-4 section>, the amount of loss is deemed to be greater than $500
118-5 <$200> but less than $1,500 <$750>.
118-6 (e) If the actor proves by a preponderance of the evidence
118-7 that he gave consideration for or had a legal interest in the
118-8 property involved, the value of the interest so proven shall be
118-9 deducted from:
118-10 (1) the amount of pecuniary loss if the property is
118-11 destroyed; or
118-12 (2) the amount of pecuniary loss to the extent of an
118-13 amount equal to the ratio the value of the interest bears to the
118-14 total value of the property, if the property is damaged.
118-15 <Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY. (a) In
118-16 this section:>
118-17 <(1) "Railroad property" means:>
118-18 <(A) a train, locomotive, railroad car, caboose,
118-19 work equipment, rolling stock, safety device, switch, or connection
118-20 that is owned, leased, operated, or possessed by a railroad; or>
118-21 <(B) a railroad track, rail, bridge, trestle, or
118-22 right-of-way owned or used by a railroad.>
118-23 <(2) "Tamper" means to move, alter, or interfere with
118-24 railroad property.>
118-25 <(b) A person commits an offense if the person:>
118-26 <(1) throws an object or discharges a firearm or
118-27 weapon at a train or rail-mounted work equipment; or>
119-1 <(2) without the effective consent of the owner:>
119-2 <(A) enters or remains on railroad property,
119-3 knowing that it is railroad property;>
119-4 <(B) tampers with railroad property;>
119-5 <(C) places an obstruction on a railroad track
119-6 or right-of-way; or>
119-7 <(D) causes in any manner the derailment of a
119-8 train, railroad car, or other railroad property that moves on
119-9 tracks.>
119-10 <(c) An offense under Subsection (b)(1) of this section is a
119-11 Class B misdemeanor unless the person causes bodily injury to
119-12 another, in which event the offense is a felony of the third
119-13 degree.>
119-14 <(d) An offense under Subsection (b)(2)(A) of this section
119-15 is a Class C misdemeanor.>
119-16 <(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or
119-17 (b)(2)(D) of this section is a Class C misdemeanor unless the
119-18 person causes pecuniary loss, in which event the offense is:>
119-19 <(1) a Class B misdemeanor if the amount of pecuniary
119-20 loss is $20 or more but less than $200;>
119-21 <(2) a Class A misdemeanor if the amount of pecuniary
119-22 loss is $200 or more but less than $750;>
119-23 <(3) a felony of the third degree if the amount of
119-24 pecuniary loss is $750 or more but less than $20,000; or>
119-25 <(4) a felony of the second degree if the amount of
119-26 the pecuniary loss is $20,000 or more.>
119-27 <(f) The conduct described in Subsection (b)(2)(A) of this
120-1 section is not an offense under this section if it is undertaken by
120-2 an employee of the railroad or by a representative of a labor
120-3 organization which represents or is seeking to represent the
120-4 employees of the railroad as long as the employee or representative
120-5 has a right to engage in such conduct under the Railway Labor Act
120-6 (45 U.S.C. Section 151 et seq.).>
120-7 <Sec. 28.08. INTERFERENCE WITH ANIMALS OR ANIMAL FACILITIES.
120-8 (a) In this section:>
120-9 <(1) "Animal" means any nonhuman vertebrate animal
120-10 used in agriculture, research, testing and exhibition, education,
120-11 or food or fiber production, but does not include an animal held
120-12 primarily as a pet.>
120-13 <(2) "Animal facility" means any vehicle, building,
120-14 structure, or premises where an animal is bred or where animals or
120-15 records relating to animals are kept, handled, transported, housed,
120-16 or exhibited.>
120-17 <(3) "Tamper" means to move, alter, or interfere.>
120-18 <(4) "Notice" means:>
120-19 <(A) oral or written communication by the owner
120-20 or someone with apparent authority to act for the owner;>
120-21 <(B) fencing or other enclosure obviously
120-22 designed to exclude intruders or to contain livestock; or>
120-23 <(C) a sign or signs posted on the property or
120-24 at the entrance to the building, reasonably likely to come to the
120-25 attention of intruders, indicating that entry is forbidden.>
120-26 <(b) A person commits an offense if the person, after notice
120-27 is given and without the effective consent of the owner,
121-1 intentionally or knowingly:>
121-2 <(1) enters or remains in or on an animal facility;>
121-3 <(2) makes markings, including inscriptions, slogans,
121-4 drawings, or paintings, on an animal facility;>
121-5 <(3) tampers with an animal facility;>
121-6 <(4) damages or destroys an animal facility; or>
121-7 <(5) removes, carries away, releases, or exercises
121-8 control of an animal or property located in an animal facility.>
121-9 <(c) An offense under Subsection (b)(1) or (2) of this
121-10 section is a Class B misdemeanor unless the person causes bodily
121-11 injury to another or carries a deadly weapon on or about his person
121-12 during the commission of the offense, in which event the offense is
121-13 a Class A misdemeanor.>
121-14 <(d) An offense under Subsection (b)(3), (4), or (5) of this
121-15 section is a Class C misdemeanor unless the person causes pecuniary
121-16 loss, in which event the offense is:>
121-17 <(1) a Class B misdemeanor if the amount of pecuniary
121-18 loss is $20 or more but less than $200;>
121-19 <(2) a Class A misdemeanor if the amount of pecuniary
121-20 loss is $200 or more but less than $750;>
121-21 <(3) a felony of the third degree if the amount of
121-22 pecuniary loss is $750 or more but less than $20,000; or>
121-23 <(4) a felony of the second degree if the amount of
121-24 the pecuniary loss is $20,000 or more.>
121-25 CHAPTER 29. ROBBERY
121-26 Sec. 29.01. DEFINITIONS. In this chapter:
121-27 (1) "In the course of committing theft" means conduct
122-1 that occurs in an attempt to commit, during the commission, or in
122-2 immediate flight after the attempt or commission of theft.
122-3 (2) "Property" means:
122-4 (A) tangible or intangible personal property
122-5 including anything severed from land; or
122-6 (B) a document, including money, that represents
122-7 or embodies anything of value.
122-8 Sec. 29.02. ROBBERY. (a) A person commits an offense if,
122-9 in the course of committing theft as defined in Chapter 31 <of this
122-10 code> and with intent to obtain or maintain control of the
122-11 property, he:
122-12 (1) intentionally, knowingly, or recklessly causes
122-13 bodily injury to another; or
122-14 (2) intentionally or knowingly threatens or places
122-15 another in fear of imminent bodily injury or death.
122-16 (b) An offense under this section is a felony of the third
122-17 <second> degree.
122-18 Sec. 29.03. AGGRAVATED ROBBERY. (a) A person commits an
122-19 offense if he commits robbery as defined in Section 29.02 <of this
122-20 code>, and he:
122-21 (1) causes serious bodily injury to another; or
122-22 (2) uses or exhibits a deadly weapon <; or>
122-23 <(3) causes bodily injury to another person or
122-24 threatens or places another person in fear of imminent bodily
122-25 injury or death, if the other person is:>
122-26 <(A) 65 years of age or older; or>
122-27 <(B) a disabled person>.
123-1 (b) An offense under this section is a felony of the first
123-2 degree.
123-3 <(c) In this section, "disabled person" means an individual
123-4 with a mental, physical, or developmental disability who is
123-5 substantially unable to protect himself from harm.>
123-6 CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS
123-7 Sec. 30.01. Definitions. In this chapter:
123-8 (1) "Habitation" means a structure or vehicle that is
123-9 adapted for the overnight accommodation of persons, and includes:
123-10 (A) each separately secured or occupied portion
123-11 of the structure or vehicle; and
123-12 (B) each structure appurtenant to or connected
123-13 with the structure or vehicle.
123-14 (2) "Building" means any enclosed structure intended
123-15 for use or occupation as a habitation or for some purpose of trade,
123-16 manufacture, ornament, or use.
123-17 (3) "Vehicle" includes any device in, on, or by which
123-18 any person or property is or may be propelled, moved, or drawn in
123-19 the normal course of commerce or transportation, except such
123-20 devices as are classified as "habitation."
123-21 Sec. 30.02. Burglary. (a) A person commits an offense if,
123-22 without the effective consent of the owner, he:
123-23 (1) enters a habitation, or a building (or any portion
123-24 of a building) not then open to the public, with intent to commit a
123-25 felony or theft; or
123-26 (2) remains concealed, with intent to commit a felony
123-27 or theft, in a building or habitation; or
124-1 (3) enters a building or habitation and commits or
124-2 attempts to commit a felony or theft.
124-3 (b) For purposes of this section, "enter" means to intrude:
124-4 (1) any part of the body; or
124-5 (2) any physical object connected with the body.
124-6 (c) Except as provided in Subsection (d) <of this section>,
124-7 an offense under this section is a felony of the:
124-8 (1) fourth <second> degree if committed in a building
124-9 other than a habitation; or
124-10 (2) third degree if committed in a habitation.
124-11 (d) An offense <under this section> is a felony of the:
124-12 (1) second <first> degree if:
124-13 (A) <(1)> the building or <premises are a>
124-14 habitation is occupied at the time of the offense; or
124-15 (B) <(2)> any party to the offense is armed with
124-16 explosives or a deadly weapon; or
124-17 (2) first degree if <(3)> any party to the offense
124-18 injures or attempts to injure anyone in effecting entry or while in
124-19 the building or habitation or in immediate flight from the building
124-20 or habitation.
124-21 Sec. 30.03. Burglary of Coin-Operated Or Coin Collection
124-22 Machines. (a) A person commits an offense if, without the
124-23 effective consent of the owner, he breaks or enters into any
124-24 coin-operated machine, coin collection machine, or other
124-25 coin-operated or coin collection receptacle, contrivance,
124-26 apparatus, or equipment used for the purpose of providing lawful
124-27 amusement, sales of goods, services, or other valuable things, or
125-1 telecommunications with intent to obtain property or services.
125-2 (b) For purposes of this section, "entry" includes every
125-3 kind of entry except one made with the effective consent of the
125-4 owner.
125-5 (c) An offense under this section is a Class A misdemeanor.
125-6 Sec. 30.04. Burglary of Vehicles. (a) A person commits an
125-7 offense if, without the effective consent of the owner, he breaks
125-8 into or enters a vehicle or any part of a vehicle with intent to
125-9 commit any felony or theft.
125-10 (b) For purposes of this section, "enter" means to intrude:
125-11 (1) any part of the body; or
125-12 (2) any physical object connected with the body.
125-13 (c) An offense under this section is a Class A misdemeanor
125-14 <felony of the third degree>.
125-15 Sec. 30.05. Criminal Trespass. (a) A person commits an
125-16 offense if he enters or remains on property or in a building of
125-17 another without effective consent and he:
125-18 (1) had notice that the entry was forbidden; or
125-19 (2) received notice to depart but failed to do so.
125-20 (b) For purposes of this section:
125-21 (1) "Entry" means the intrusion of the entire body.
125-22 (2) "Notice" means:
125-23 (A) oral or written communication by the owner
125-24 or someone with apparent authority to act for the owner;
125-25 (B) fencing or other enclosure obviously
125-26 designed to exclude intruders or to contain livestock; or
125-27 (C) a sign or signs posted on the property or at
126-1 the entrance to the building, reasonably likely to come to the
126-2 attention of intruders, indicating that entry is forbidden.
126-3 (3) "Shelter center" has the meaning assigned by
126-4 Section 51.002(1), Human Resources Code.
126-5 (c) It is a defense to prosecution under this section that
126-6 the actor at the time of the offense was a fire fighter or
126-7 emergency medical services personnel, as that term is defined by
126-8 Section 773.003, Health and Safety Code, acting in the lawful
126-9 discharge of an official duty under exigent circumstances.
126-10 (d) An offense under this section is a Class C <B>
126-11 misdemeanor unless it is committed in a habitation or a shelter
126-12 center or unless the actor carries a deadly weapon on or about his
126-13 person during the commission of the offense, in which event it is a
126-14 Class A misdemeanor.
126-15 CHAPTER 31. THEFT
126-16 Sec. 31.01. Definitions. In this chapter:
126-17 (1) "Coercion" means a threat, however communicated:
126-18 (A) to commit an offense;
126-19 (B) to inflict bodily injury in the future on
126-20 the person threatened or another;
126-21 (C) to accuse a person of any offense; or
126-22 (D) to expose a person to hatred, contempt, or
126-23 ridicule;
126-24 (E) to harm the credit or business repute of any
126-25 person; or
126-26 (F) to take or withhold action as a public
126-27 servant, or to cause a public servant to take or withhold action.
127-1 (2) "Deception" means:
127-2 (A) creating or confirming by words or conduct a
127-3 false impression of law or fact that is likely to affect the
127-4 judgment of another in the transaction, and that the actor does not
127-5 believe to be true;
127-6 (B) failing to correct a false impression of law
127-7 or fact that is likely to affect the judgment of another in the
127-8 transaction, that the actor previously created or confirmed by
127-9 words or conduct, and that the actor does not now believe to be
127-10 true;
127-11 (C) preventing another from acquiring
127-12 information likely to affect his judgment in the transaction;
127-13 (D) selling or otherwise transferring or
127-14 encumbering property without disclosing a lien, security interest,
127-15 adverse claim, or other legal impediment to the enjoyment of the
127-16 property, whether the lien, security interest, claim, or impediment
127-17 is or is not valid, or is or is not a matter of official record; or
127-18 (E) promising performance that is likely to
127-19 affect the judgment of another in the transaction and that the
127-20 actor does not intend to perform or knows will not be performed,
127-21 except that failure to perform the promise in issue without other
127-22 evidence of intent or knowledge is not sufficient proof that the
127-23 actor did not intend to perform or knew the promise would not be
127-24 performed.
127-25 (3) "Deprive" means:
127-26 (A) to withhold property from the owner
127-27 permanently or for so extended a period of time that a major
128-1 portion of the value or enjoyment of the property is lost to the
128-2 owner;
128-3 (B) to restore property only upon payment of
128-4 reward or other compensation; or
128-5 (C) to dispose of property in a manner that
128-6 makes recovery of the property by the owner unlikely.
128-7 (4) "Effective consent" includes consent by a person
128-8 legally authorized to act for the owner. Consent is not effective
128-9 if:
128-10 (A) induced by deception or coercion;
128-11 (B) given by a person the actor knows is not
128-12 legally authorized to act for the owner;
128-13 (C) given by a person who by reason of youth,
128-14 mental disease or defect, or intoxication is known by the actor to
128-15 be unable to make reasonable property dispositions; or
128-16 (D) given solely to detect the commission of an
128-17 offense.
128-18 (5) "Appropriate" means:
128-19 (A) to bring about a transfer or purported
128-20 transfer of title to or other nonpossessory interest in property,
128-21 whether to the actor or another; or
128-22 (B) to acquire or otherwise exercise control
128-23 over property other than real property.
128-24 (6) "Property" means:
128-25 (A) real property;
128-26 (B) tangible or intangible personal property
128-27 including anything severed from land; or
129-1 (C) a document, including money, that represents
129-2 or embodies anything of value.
129-3 (7) "Service" includes:
129-4 (A) labor and professional service;
129-5 (B) telecommunication, cable television,
129-6 subscription television, public utility, or <and> transportation
129-7 service;
129-8 (C) lodging, restaurant service, and
129-9 entertainment; and
129-10 (D) the supply of a motor vehicle or other
129-11 property for use.
129-12 (8) "Steal" means to acquire property or service by
129-13 theft.
129-14 (9) "Certificate of title" has the meaning assigned by
129-15 Section 24, Certificate of Title Act (Article 6687-1, Vernon's
129-16 Texas Civil Statutes).
129-17 (10) "Used or secondhand motor vehicle" means a used
129-18 car, as that term is defined by Section 10, Certificate of Title
129-19 Act (Article 6687-1, Vernon's Texas Civil Statutes).
129-20 (11) "Cable television service" means a service
129-21 provided by or through a facility of a cable television system or a
129-22 closed circuit coaxial cable communication system or a microwave or
129-23 similar transmission service used in connection with a cable
129-24 television system.
129-25 (12) "Subscription television service" means a service
129-26 whereby television broadcast programs intended to be received in an
129-27 intelligible form by members of the public only for a fee or charge
130-1 are transmitted pursuant to the grant of subscription television
130-2 authority by the Federal Communications Commission. The term does
130-3 not include cable television service or community antenna
130-4 television service.
130-5 Sec. 31.02. Consolidation of Theft Offenses. Theft as
130-6 defined in Section 31.03 <of this code> constitutes a single
130-7 offense superseding the separate offenses previously known as
130-8 theft, theft by false pretext, conversion by a bailee, theft from
130-9 the person, shoplifting, acquisition of property by threat,
130-10 swindling, swindling by worthless check, embezzlement, extortion,
130-11 receiving or concealing embezzled property, and receiving or
130-12 concealing stolen property.
130-13 Sec. 31.03. Theft. (a) A person commits an offense if he
130-14 unlawfully appropriates property with intent to deprive the owner
130-15 of property.
130-16 (b) Appropriation of property is unlawful if:
130-17 (1) it is without the owner's effective consent;
130-18 (2) the property is stolen and the actor appropriates
130-19 the property knowing it was stolen by another; or
130-20 (3) property in the custody of any law enforcement
130-21 agency was explicitly represented by any law enforcement agent to
130-22 the actor as being stolen and the actor appropriates the property
130-23 believing it was stolen by another.
130-24 (c) For purposes of Subsection (b) <of this section>:
130-25 (1) evidence that the actor has previously
130-26 participated in recent transactions other than, but similar to,
130-27 that which the prosecution is based is admissible for the purpose
131-1 of showing knowledge or intent and the issues of knowledge or
131-2 intent are raised by the actor's plea of not guilty;
131-3 (2) the testimony of an accomplice shall be
131-4 corroborated by proof that tends to connect the actor to the crime,
131-5 but the actor's knowledge or intent may be established by the
131-6 uncorroborated testimony of the accomplice;
131-7 (3) an actor engaged in the business of buying and
131-8 selling used or secondhand personal property, or lending money on
131-9 the security of personal property deposited with him, is presumed
131-10 to know upon receipt by the actor of stolen property (other than a
131-11 motor vehicle subject to Article 6687-1, Vernon's Texas Civil
131-12 Statutes) that the property has been previously stolen from another
131-13 if the actor pays for or loans against the property $50 <$25> or
131-14 more (or consideration of equivalent value) and the actor knowingly
131-15 or recklessly:
131-16 (A) fails to record the name, address, and
131-17 physical description or identification number of the seller or
131-18 pledgor;
131-19 (B) fails to record a complete description of
131-20 the property, including the serial number, if reasonably available,
131-21 or other identifying characteristics; or
131-22 (C) fails to obtain a signed warranty from the
131-23 seller or pledgor that the seller or pledgor has the right to
131-24 possess the property. It is the express intent of this provision
131-25 that the presumption arises unless the actor complies with each of
131-26 the numbered requirements;
131-27 (4) for the purposes of Subdivision (3)(A) <of this
132-1 subsection>, "identification number" means driver's license number,
132-2 military identification number, identification certificate, or
132-3 other official number capable of identifying an individual;
132-4 (5) stolen property does not lose its character as
132-5 stolen when recovered by any law enforcement agency;
132-6 (6) an actor engaged in the business of obtaining
132-7 abandoned or wrecked motor vehicles or parts of an abandoned or
132-8 wrecked motor vehicle for resale, disposal, scrap, repair,
132-9 rebuilding, demolition, or other form of salvage is presumed to
132-10 know on receipt by the actor of stolen property that the property
132-11 has been previously stolen from another if the actor knowingly or
132-12 recklessly:
132-13 (A) fails to maintain an accurate and legible
132-14 inventory of each <major> motor vehicle component part purchased by
132-15 or delivered to the actor, including the date of purchase or
132-16 delivery, the name, age, address, sex, and driver's license number
132-17 of the seller or person making the delivery, the license plate
132-18 number of the motor vehicle in which the part was delivered, a
132-19 complete description of the part, and the vehicle identification
132-20 number of the motor vehicle from which the part was removed, or in
132-21 lieu of maintaining an inventory, fails to record the name and
132-22 certificate of inventory number of the person who dismantled the
132-23 motor vehicle from which the part was obtained;
132-24 (B) fails on receipt of a motor vehicle to
132-25 obtain a certificate of authority, sales receipt, or transfer
132-26 document as required by Article V, Section 1, Chapter 741, Acts of
132-27 the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
133-1 Vernon's Texas Civil Statutes), or a certificate of title showing
133-2 that the motor vehicle is not subject to a lien or that all
133-3 recorded liens on the motor vehicle have been released; or
133-4 (C) fails on receipt of a motor vehicle to
133-5 immediately remove an unexpired license plate from the motor
133-6 vehicle, to keep the plate in a secure and locked place, or to
133-7 maintain an inventory, on forms provided by the Texas <State>
133-8 Department of <Highways and Public> Transportation, of license
133-9 plates kept under this paragraph, including for each plate or set
133-10 of plates the license plate number and the make, motor number, and
133-11 vehicle identification number of the motor vehicle from which the
133-12 plate was removed; and
133-13 (7) an actor who purchases or receives a used or
133-14 secondhand motor vehicle is presumed to know on receipt by the
133-15 actor of the motor vehicle that the motor vehicle has been
133-16 previously stolen from another if the actor knowingly or
133-17 recklessly:
133-18 (A) fails to report to the Texas <State>
133-19 Department of <Highways and Public> Transportation the failure of
133-20 the person who sold or delivered the motor vehicle to the actor to
133-21 deliver to the actor a properly executed certificate of title to
133-22 the motor vehicle at the time the motor vehicle was delivered; or
133-23 (B) fails to file with the county tax
133-24 assessor-collector of the county in which the actor received the
133-25 motor vehicle, not later than the 20th day after the date the actor
133-26 received the motor vehicle, the registration license receipt and
133-27 certificate of title or evidence of title delivered to the actor in
134-1 accordance with Section 2, Chapter 364, Acts of the 50th
134-2 Legislature, Regular Session, 1947 (Article 6687-6, Vernon's Texas
134-3 Civil Statutes), at the time the motor vehicle was delivered<; and>
134-4 <(8) an actor who possesses a shopping cart, laundry
134-5 cart, or container that has a name or mark and is not on the
134-6 premises of the owner or an adjacent parking area is presumed to
134-7 have appropriated property without the owner's effective consent>.
134-8 (d) It is not a defense to prosecution under this section
134-9 that:
134-10 (1) the offense occurred as a result of a deception or
134-11 strategy on the part of a law enforcement agency, including the use
134-12 of an undercover operative or peace officer;
134-13 (2) the actor was provided by a law enforcement agency
134-14 with a facility in which to commit the offense or an opportunity to
134-15 engage in conduct constituting the offense; or
134-16 (3) the actor was solicited to commit the offense by a
134-17 peace officer, and the solicitation was of a type that would
134-18 encourage a person predisposed to commit the offense to actually
134-19 commit the offense, but would not encourage a person not
134-20 predisposed to commit the offense to actually commit the offense.
134-21 (e) Except as provided by Subsection (f) <of this section>,
134-22 an offense under this section is:
134-23 (1) a Class C misdemeanor if the value of the property
134-24 stolen is less than $50 <$20>;
134-25 (2) a Class B misdemeanor if:
134-26 (A) the value of the property stolen is $50
134-27 <$20> or more but less than $500 <$200>; or
135-1 (B) the value of the property stolen is less
135-2 than $20 and the defendant has previously been convicted of any
135-3 grade of theft;
135-4 (3) a Class A misdemeanor if<:>
135-5 <(A)> the value of the property stolen is $500
135-6 <$200> or more but less than $1,500 <$750; or>
135-7 <(B) the property stolen is one firearm, as
135-8 defined by Section 46.01 of this code, and is valued at less than
135-9 $400>;
135-10 (4) a felony of the fourth <third> degree if:
135-11 (A) the value of the property stolen is $1,500
135-12 <$750> or more but less than $20,000, or the property is one or
135-13 more head of cattle, horses, sheep, swine, or goats or any part
135-14 thereof under the value of $20,000;
135-15 (B) regardless of value, the property is stolen
135-16 from the person of another or from a human corpse or grave;
135-17 (C) the property stolen is a <one> firearm, as
135-18 defined by Section 46.01 <of this code, and is valued at more than
135-19 $400>; or
135-20 (D) <the property stolen is two or more
135-21 firearms, as defined by Section 46.01 of this code; or>
135-22 <(E)> the value of the property stolen is less
135-23 than $1,500 <$750> and the defendant has been previously convicted
135-24 two or more times of any grade of theft;
135-25 (5) a felony of the third <second> degree if<:>
135-26 <(A) the value of the property stolen is less
135-27 than $100,000 and the property is:>
136-1 <(i) combustible hydrocarbon natural or
136-2 synthetic natural gas, or crude petroleum oil;>
136-3 <(ii) equipment designed for use in
136-4 exploration for or production of natural gas or crude petroleum
136-5 oil; or>
136-6 <(iii) equipment designed for use in
136-7 remedial or diagnostic operations on gas or crude petroleum oil
136-8 wells;>
136-9 <(B)> the value of the property stolen is
136-10 $20,000 or more but less than $100,000; or
136-11 <(C) the value of the property is less than
136-12 $100,000 and the property was unlawfully appropriated or attempted
136-13 to be unlawfully appropriated by threat to commit a felony offense
136-14 against the person or property of the person threatened or another
136-15 or to withhold information about the location or purported location
136-16 of a bomb, poison, or other harmful object that threatens to harm
136-17 the person or property of the person threatened or another person;
136-18 or>
136-19 (6) a felony of the second <first> degree if<:>
136-20 <(A)> the value of the property stolen is
136-21 $100,000 or more<; or>
136-22 <(B) the value of the property is $100,000 or
136-23 more and the property was unlawfully appropriated or attempted to
136-24 be unlawfully appropriated in the manner described by Subdivision
136-25 (5)(C) of this subsection>.
136-26 (f) An offense described for purposes of punishment by
136-27 Subsection (e) <of this section> is increased to the next higher
137-1 category of offense if it is shown on the trial of the offense
137-2 that:
137-3 (1) the actor was a public servant at the time of the
137-4 offense; and
137-5 (2) the property appropriated came into the actor's
137-6 custody, possession, or control by virtue of his status as a public
137-7 servant.
137-8 <(g) For the purposes of Subsection (c)(8) of this section,
137-9 "shopping cart," "laundry cart," "container," and "name or mark"
137-10 have the respective meanings assigned by Section 17.31, Business &
137-11 Commerce Code.>
137-12 Sec. 31.04. Theft of Service. (a) A person commits theft
137-13 of service if, with intent to avoid payment for service that he
137-14 knows is provided only for compensation:
137-15 (1) he intentionally or knowingly secures performance
137-16 of the service by deception, threat, or false token;
137-17 (2) having control over the disposition of services of
137-18 another to which he is not entitled, he intentionally or knowingly
137-19 diverts the other's services to his own benefit or to the benefit
137-20 of another not entitled to them; or
137-21 (3) having control of personal property under a
137-22 written rental agreement, he holds the property beyond the
137-23 expiration of the rental period without the effective consent of
137-24 the owner of the property, thereby depriving the owner of the
137-25 property of its use in further rentals.
137-26 (b) For purposes of this section, intent to avoid payment is
137-27 presumed if:
138-1 (1) the actor absconded without paying for the service
138-2 in circumstances where payment is ordinarily made immediately upon
138-3 rendering of the service, as in hotels, restaurants, and comparable
138-4 establishments;
138-5 (2) the actor failed to return the property held under
138-6 a rental agreement within 10 days after receiving notice demanding
138-7 return; or
138-8 (3) the actor returns property held under a rental
138-9 agreement after the expiration of the rental agreement and fails to
138-10 pay the applicable rental charge for the property within 10 days
138-11 after the date on which the actor received notice demanding
138-12 payment.
138-13 (c) For purposes of Subsection (b)(2) <of this section>,
138-14 notice shall be notice in writing, sent by registered or certified
138-15 mail with return receipt requested or by telegram with report of
138-16 delivery requested, and addressed to the actor at his address shown
138-17 on the rental agreement.
138-18 (d) If written notice is given in accordance with Subsection
138-19 (c) <of this section>, it is presumed that the notice was received
138-20 no later than five days after it was sent.
138-21 (e) An offense under this section is:
138-22 (1) a Class C misdemeanor if the value of the service
138-23 stolen is less than $50 <$20>;
138-24 (2) a Class B misdemeanor if the value of the service
138-25 stolen is $50 <$20> or more but less than $500 <$200>;
138-26 (3) a Class A misdemeanor if the value of the service
138-27 stolen is $500 <$200> or more but less than $1,500 <$750>;
139-1 (4) a felony of the fourth <third> degree if the value
139-2 of the service stolen is $1,500 <$750> or more but less than
139-3 $20,000;
139-4 (5) a felony of the third <second> degree if the value
139-5 of the service stolen is $20,000 or more but less than $100,000; or
139-6 (6) a felony of the second degree if the value of the
139-7 service stolen is $100,000 or more.
139-8 Sec. 31.05. Theft of Trade Secrets. (a) For purposes of
139-9 this section:
139-10 (1) "Article" means any object, material, device, or
139-11 substance or any copy thereof, including a writing, recording,
139-12 drawing, sample, specimen, prototype, model, photograph,
139-13 microorganism, blueprint, or map.
139-14 (2) "Copy" means a facsimile, replica, photograph, or
139-15 other reproduction of an article or a note, drawing, or sketch made
139-16 of or from an article.
139-17 (3) "Representing" means describing, depicting,
139-18 containing, constituting, reflecting, or recording.
139-19 (4) "Trade secret" means the whole or any part of any
139-20 scientific or technical information, design, process, procedure,
139-21 formula, or improvement that has value and that the owner has taken
139-22 measures to prevent from becoming available to persons other than
139-23 those selected by the owner to have access for limited purposes.
139-24 (b) A person commits an offense if, without the owner's
139-25 effective consent, he knowingly:
139-26 (1) steals a trade secret;
139-27 (2) makes a copy of an article representing a trade
140-1 secret; or
140-2 (3) communicates or transmits a trade secret.
140-3 (c) An offense under this section is a felony of the third
140-4 degree.
140-5 Sec. 31.06. Presumption for Theft by Check. (a) If the
140-6 actor obtained property or secured performance of service by
140-7 issuing or passing a check or similar sight order for the payment
140-8 of money, when the issuer did not have sufficient funds in or on
140-9 deposit with the bank or other drawee for the payment in full of
140-10 the check or order as well as all other checks or orders then
140-11 outstanding, his intent to deprive the owner of property under
140-12 Section 31.03 <of this code> (Theft) or to avoid payment for
140-13 service under Section 31.04 <of this code> (Theft of Service) is
140-14 presumed (except in the case of a postdated check or order) if:
140-15 (1) he had no account with the bank or other drawee at
140-16 the time he issued the check or order; or
140-17 (2) payment was refused by the bank or other drawee
140-18 for lack of funds or insufficient funds, on presentation within 30
140-19 days after issue, and the issuer failed to pay the holder in full
140-20 within 10 days after receiving notice of that refusal.
140-21 (b) For purposes of Subsection (a)(2) <of this section>,
140-22 notice may be actual notice or notice in writing, sent by
140-23 registered or certified mail with return receipt requested or by
140-24 telegram with report of delivery requested, and addressed to the
140-25 issuer at his address shown on:
140-26 (1) the check or order;
140-27 (2) the records of the bank or other drawee; or
141-1 (3) the records of the person to whom the check or
141-2 order has been issued or passed.
141-3 (c) If written notice is given in accordance with Subsection
141-4 (b) <of this section>, it is presumed that the notice was received
141-5 no later than five days after it was sent.
141-6 (d) Nothing in this section prevents the prosecution from
141-7 establishing the requisite intent by direct evidence.
141-8 (e) Partial restitution does not preclude the presumption of
141-9 the requisite intent under this section.
141-10 Sec. 31.07. Unauthorized Use of a Vehicle. (a) A person
141-11 commits an offense if he intentionally or knowingly operates
141-12 another's boat, airplane, or motor-propelled vehicle without the
141-13 effective consent of the owner.
141-14 (b) An offense under this section is a felony of the fourth
141-15 <third> degree.
141-16 Sec. 31.08. Value. (a) Subject to the additional criteria
141-17 of Subsections (b) and (c) <of this section>, value under this
141-18 chapter is:
141-19 (1) the fair market value of the property or service
141-20 at the time and place of the offense; or
141-21 (2) if the fair market value of the property cannot be
141-22 ascertained, the cost of replacing the property within a reasonable
141-23 time after the theft.
141-24 (b) The value of documents, other than those having a
141-25 readily ascertainable market value, is:
141-26 (1) the amount due and collectible at maturity less
141-27 that part which has been satisfied, if the document constitutes
142-1 evidence of a debt; or
142-2 (2) the greatest amount of economic loss that the
142-3 owner might reasonably suffer by virtue of loss of the document, if
142-4 the document is other than evidence of a debt.
142-5 (c) Except as otherwise provided by this subsection, if <If>
142-6 property or service has value that cannot be reasonably ascertained
142-7 by the criteria set forth in Subsections (a) and (b) <of this
142-8 section>, the property or service is deemed to have a value of $500
142-9 or more <than $200> but less than $1,500. If the service is cable
142-10 television service or subscription television service, the service
142-11 is deemed to have a value of $50 or more but less than $500, unless
142-12 proof exists of a greater value <$750>.
142-13 (d) If the actor proves by a preponderance of the evidence
142-14 that he gave consideration for or had a legal interest in the
142-15 property or service stolen, the amount of the consideration or the
142-16 value of the interest so proven shall be deducted from the value of
142-17 the property or service ascertained under Subsection (a), (b), or
142-18 (c) <of this section> to determine value for purposes of this
142-19 chapter.
142-20 Sec. 31.09. Aggregation of Amounts Involved in Theft. When
142-21 amounts are obtained in violation of this chapter pursuant to one
142-22 scheme or continuing course of conduct, whether from the same or
142-23 several sources, the conduct may be considered as one offense and
142-24 the amounts aggregated in determining the grade of the offense.
142-25 Sec. 31.10. Actor's Interest in Property. It is no defense
142-26 to prosecution under this chapter that the actor has an interest in
142-27 the property or service stolen if another person has the right of
143-1 exclusive possession of the property.
143-2 Sec. 31.11. Tampering With Identification Numbers. (a) A
143-3 person commits an offense if the person:
143-4 (1) knowingly or intentionally removes, alters, or
143-5 obliterates the serial number or other permanent identification
143-6 marking on tangible personal property; or
143-7 (2) possesses, sells, or offers for sale tangible
143-8 personal property and:
143-9 (A) the actor knows that the serial number or
143-10 other permanent identification marking has been removed, altered,
143-11 or obliterated; or
143-12 (B) a reasonable person in the position of the
143-13 actor would have known that the serial number or other permanent
143-14 identification marking has been removed, altered, or obliterated.
143-15 (b) It is an affirmative defense to prosecution under this
143-16 section that the person was:
143-17 (1) the owner or acting with the effective consent of
143-18 the owner of the property involved <and the item of property is not
143-19 property listed in Subsection (e) of this section>;
143-20 (2) a peace officer acting in the actual discharge of
143-21 official duties; or
143-22 (3) acting with respect to a number assigned to a
143-23 vehicle by the Texas <State> Department of <Highways and Public>
143-24 Transportation and the person was:
143-25 (A) in the actual discharge of official duties
143-26 as an employee or agent of the department; or
143-27 (B) in full compliance with the rules of the
144-1 department as an applicant for an assigned number approved by the
144-2 department.
144-3 (c) Property involved in a violation of this section may be
144-4 treated as stolen for purposes of custody and disposition of the
144-5 property.
144-6 (d) An <Except as provided by Subsection (e) of this
144-7 section, an> offense under this section is a Class A misdemeanor.
144-8 (e) <An offense under this section is a felony of the third
144-9 degree if the property involved is:>
144-10 <(1) equipment designed for exploration or production
144-11 of natural gas or crude oil;>
144-12 <(2) equipment designed for remedial or diagnostic
144-13 operations on gas or crude oil wells;>
144-14 <(3) a vehicle or part of a vehicle;>
144-15 <(4) a tractor, farm implement, unit of special mobile
144-16 equipment, or a unit of off-road construction equipment not subject
144-17 to the Certificate of Title Act (Article 6687-1, Vernon's Texas
144-18 Civil Statutes);>
144-19 <(5) an aircraft, boat, or part of an aircraft or
144-20 boat; or>
144-21 <(6) a firearm or part of a firearm.>
144-22 <(f)> In this section, "vehicle" has the meaning given by
144-23 Section 2, Uniform Act Regulating Traffic on Highways (Article
144-24 6701d, Vernon's Texas Civil Statutes).
144-25 <Sec. 31.12. UNAUTHORIZED USE OF TELEVISION DECODING AND
144-26 INTERCEPTION DEVICE OR CABLE DESCRAMBLING, DECODING, OR
144-27 INTERCEPTION DEVICE. (a) A person commits an offense if, with the
145-1 intent to intercept and decode a transmission by a subscription
145-2 television service without the authorization of the provider of the
145-3 service, the person intentionally or knowingly attaches to, causes
145-4 to be attached to, or incorporates in a television set, video tape
145-5 recorder, or other equipment designed to receive a television
145-6 transmission a device that intercepts and decodes the transmission.>
145-7 <(b) A person commits an offense if, with the intent to
145-8 intercept, descramble, or decode a cable television service and
145-9 without the authorization of the provider of the service, the
145-10 person intentionally or knowingly:>
145-11 <(1) physically, electrically, electronically,
145-12 acoustically, or inductively makes or maintains an unauthorized
145-13 cable connection or otherwise intercepts cable television service;>
145-14 <(2) attaches to, causes to be attached to, maintains
145-15 an attachment to, or incorporates in a television set, video tape
145-16 recorder, other equipment designed to receive a television
145-17 transmission, or equipment of a cable television company a device
145-18 that intercepts, descrambles, or decodes the service; or>
145-19 <(3) tampers with, changes, or modifies the equipment
145-20 of a cable television company.>
145-21 <(c) In this section:>
145-22 <(1) "Cable television service" means a service
145-23 provided by or through a facility of a cable television system,
145-24 closed circuit coaxial cable communication system, or microwave or
145-25 similar transmission service used in connection with a cable
145-26 television system.>
145-27 <(2) "Device" means a device other than a nondecoding
146-1 or nondescrambling channel frequency converter or television
146-2 receiver type-accepted by the Federal Communications Commission.>
146-3 <(3) "Subscription television service" means a service
146-4 whereby television broadcast programs intended to be received in an
146-5 intelligible form by members of the public only for a fee or charge
146-6 are transmitted pursuant to the grant of subscription television
146-7 authority by the Federal Communications Commission. The term shall
146-8 not include cable television service or community antenna
146-9 television service.>
146-10 <(d) If an unauthorized device designed to intercept,
146-11 descramble, or decode a subscription television transmission or if
146-12 an unauthorized device designed to intercept, descramble, or decode
146-13 a cable television service is present on the premises or property
146-14 occupied and used by a person, it is presumed that the person
146-15 intentionally or knowingly used the device to intercept,
146-16 descramble, or decode a transmission or a service. If an
146-17 unauthorized cable connection is present on the premises or
146-18 property occupied and used by a person, it is presumed that the
146-19 person intentionally or knowingly used the connection to intercept
146-20 cable television service. If equipment of a cable television
146-21 company that has been tampered with, changed, or modified is
146-22 present on the premises or property occupied and used by a person,
146-23 it is presumed that the person intentionally or knowingly used the
146-24 equipment to intercept, descramble, or decode a cable television
146-25 service.>
146-26 <(e) The presumptions created by Subsection (d) of this
146-27 section do not apply if the person accused shows by a preponderance
147-1 of the evidence that the presence of the unauthorized device or
147-2 connection, or the tampering, change, or modification of the
147-3 equipment of the cable television company, may be attributed to the
147-4 conduct of another.>
147-5 <(f) The presumptions created by Subsection (d) of this
147-6 section do not apply to a telecommunications company that provides
147-7 local or long distance communications services and uses equipment
147-8 described by that subsection in the normal course of its business.>
147-9 <(g) This section does not prohibit the manufacture,
147-10 distribution, sale, or use of satellite receiving antennas that are
147-11 otherwise permitted by state or federal law.>
147-12 <(h) An offense under this section is a Class B misdemeanor
147-13 unless the actor committed the offense for remuneration, in which
147-14 event it is a Class A misdemeanor.>
147-15 <Sec. 31.13. MANUFACTURE, SALE, OR DISTRIBUTION OF
147-16 TELEVISION DECODING AND INTERCEPTION DEVICE OR CABLE DESCRAMBLING,
147-17 DECODING, OR INTERCEPTION DEVICE. (a) A person commits an offense
147-18 if the person for remuneration intentionally or knowingly
147-19 manufactures, distributes, or sells, with an intent to aid an
147-20 offense under Section 31.12 of this code, a device or a plan or
147-21 part for a device that intercepts and decodes a transmission by a
147-22 subscription television service or that intercepts, descrambles, or
147-23 decodes a cable television service.>
147-24 <(b) In this section, "cable television service," "device,"
147-25 and "subscription television service" have the meanings assigned by
147-26 Section 31.12 of this code.>
147-27 <(c) This section does not prohibit the manufacture,
148-1 distribution, sale, or use of satellite receiving antennas that are
148-2 otherwise permitted by state or federal law.>
148-3 <(d) An offense under this section is a Class A
148-4 misdemeanor.>
148-5 CHAPTER 32. FRAUD
148-6 SUBCHAPTER A. GENERAL PROVISIONS
148-7 Sec. 32.01. Definitions. In this chapter:
148-8 (1) "Financial institution" means a bank, trust
148-9 company, insurance company, credit union, building and loan
148-10 association, savings and loan association, investment trust,
148-11 investment company, or any other organization held out to the
148-12 public as a place for deposit of funds or medium of savings or
148-13 collective investment.
148-14 (2) "Property" means:
148-15 (A) real property;
148-16 (B) tangible or intangible personal property
148-17 including anything severed from land; or
148-18 (C) a document, including money, that represents
148-19 or embodies anything of value.
148-20 (3) "Service" includes:
148-21 (A) labor and professional service;
148-22 (B) telecommunication, public utility, and
148-23 transportation service;
148-24 (C) lodging, restaurant service, and
148-25 entertainment; and
148-26 (D) the supply of a motor vehicle or other
148-27 property for use.
149-1 (4) "Steal" means to acquire property or service by
149-2 theft.
149-3 Sec. 32.02. Value. (a) Subject to the additional criteria
149-4 of Subsections (b) and (c) <of this section>, value under this
149-5 chapter is:
149-6 (1) the fair market value of the property or service
149-7 at the time and place of the offense; or
149-8 (2) if the fair market value of the property cannot be
149-9 ascertained, the cost of replacing the property within a reasonable
149-10 time after the offense.
149-11 (b) The value of documents, other than those having a
149-12 readily ascertainable market value, is:
149-13 (1) the amount due and collectible at maturity less
149-14 any part that has been satisfied, if the document constitutes
149-15 evidence of a debt; or
149-16 (2) the greatest amount of economic loss that the
149-17 owner might reasonably suffer by virtue of loss of the document, if
149-18 the document is other than evidence of a debt.
149-19 (c) If property or service has value that cannot be
149-20 reasonably ascertained by the criteria set forth in Subsections (a)
149-21 and (b) <of this section>, the property or service is deemed to
149-22 have a value of $500 or more <than $20> but less than $1,500
149-23 <$200>.
149-24 (d) If the actor proves by a preponderance of the evidence
149-25 that he gave consideration for or had a legal interest in the
149-26 property or service stolen, the amount of the consideration or the
149-27 value of the interest so proven shall be deducted from the value of
150-1 the property or service ascertained under Subsection (a), (b), or
150-2 (c) <of this section> to determine value for purposes of this
150-3 chapter.
150-4 Sec. 32.03. Aggregation of Amounts Involved in Fraud. When
150-5 amounts are obtained in violation of this chapter pursuant to one
150-6 scheme or continuing course of conduct, whether from the same or
150-7 several sources, the conduct may be considered as one offense and
150-8 the amounts aggregated in determining the grade of offense.
150-9 (Sections 32.04-32.20 reserved for expansion)
150-10 SUBCHAPTER B. FORGERY
150-11 Sec. 32.21. Forgery. (a) For purposes of this section:
150-12 (1) "Forge" means:
150-13 (A) to alter, make, complete, execute, or
150-14 authenticate any writing so that it purports:
150-15 (i) to be the act of another who did not
150-16 authorize that act;
150-17 (ii) to have been executed at a time or
150-18 place or in a numbered sequence other than was in fact the case; or
150-19 (iii) to be a copy of an original when no
150-20 such original existed;
150-21 (B) to issue, transfer, register the transfer
150-22 of, pass, publish, or otherwise utter a writing that is forged
150-23 within the meaning of Paragraph (A) <of this subdivision>; or
150-24 (C) to possess a writing that is forged within
150-25 the meaning of Paragraph (A) with intent to utter it in a manner
150-26 specified in Paragraph (B) <of this subdivision>.
150-27 (2) "Writing" includes:
151-1 (A) printing or any other method of recording
151-2 information;
151-3 (B) money, coins, tokens, stamps, seals, credit
151-4 cards, badges, and trademarks; and
151-5 (C) symbols of value, right, privilege, or
151-6 identification.
151-7 (b) A person commits an offense if he forges a writing with
151-8 intent to defraud or harm another.
151-9 (c) Except as provided in Subsections (d) and (e) <of this
151-10 section> an offense under this section is a Class A misdemeanor.
151-11 (d) An offense under this section is a felony of the fourth
151-12 <third> degree if the writing is or purports to be a will, codicil,
151-13 deed, deed of trust, mortgage, security instrument, security
151-14 agreement, credit card, check or similar sight order for payment of
151-15 money, contract, release, or other commercial instrument.
151-16 (e) An offense under this section is a felony of the third
151-17 <second> degree if the writing is or purports to be:
151-18 (1) part of an issue of money, securities, postage or
151-19 revenue stamps;
151-20 (2) a government record listed in Section 37.01(1)(C)
151-21 <of this code>; or
151-22 (3) other instruments issued by a state or national
151-23 government or by a subdivision of either, or part of an issue of
151-24 stock, bonds, or other instruments representing interests in or
151-25 claims against another person.
151-26 (f) A person is presumed to intend to defraud or harm
151-27 another if the person acts with respect to two or more writings of
152-1 the same type and if each writing is a government record listed in
152-2 Section 37.01(1)(C) <of this code>.
152-3 Sec. 32.22. CRIMINAL SIMULATION. (a) A person commits an
152-4 offense if, with intent to defraud or harm another:
152-5 (1) he makes or alters an object, in whole or in part,
152-6 so that it appears to have value because of age, antiquity, rarity,
152-7 source, or authorship that it does not have;
152-8 (2) <he sells, passes, or otherwise utters an object
152-9 so made or altered;>
152-10 <(3)> he possesses an object so made or altered, with
152-11 intent to sell, pass, or otherwise utter it; or
152-12 (3) <(4)> he authenticates or certifies an object so
152-13 made or altered as genuine or as different from what it is.
152-14 (b) An offense under this section is a Class A misdemeanor.
152-15 (Sections 32.23-32.30 reserved for expansion)
152-16 SUBCHAPTER C. CREDIT
152-17 Sec. 32.31. CREDIT CARD OR DEBIT CARD ABUSE. (a) For
152-18 purposes of this section:
152-19 (1) "Cardholder" means the person named on the face of
152-20 a credit card or debit card to whom or for whose benefit the
152-21 <credit> card is issued.
152-22 (2) "Credit card" means an identification card, plate,
152-23 coupon, book, number, or any other device authorizing a designated
152-24 person or bearer to obtain property or services on credit. The
152-25 term <It> includes the number or description of the device if the
152-26 device itself is not produced at the time of ordering or obtaining
152-27 the property or service.
153-1 (3) "Expired credit card" means a credit card bearing
153-2 an expiration date after that date has passed.
153-3 (4) "Debit card" means an identification card, plate,
153-4 coupon, book, number, or any other device authorizing a designated
153-5 person or bearer to communicate a request to an unmanned teller
153-6 machine or a customer convenience terminal. The term includes the
153-7 number or description of the device if the device itself is not
153-8 produced at the time of ordering or obtaining the benefit.
153-9 (5) "Expired debit card" means a debit card bearing as
153-10 its expiration date a date that has passed.
153-11 (6) "Unmanned teller machine" means a machine, other
153-12 than a telephone, capable of being operated solely by a customer,
153-13 by which a customer may communicate to a financial institution a
153-14 request to withdraw a benefit for himself or for another directly
153-15 from the customer's account or from the customer's account under a
153-16 line of credit previously authorized by the institution for the
153-17 customer.
153-18 (7) "Customer convenience terminal" means an unmanned
153-19 teller machine the use of which does not involve personnel of a
153-20 financial institution.
153-21 (b) A person commits an offense if:
153-22 (1) with intent to obtain a benefit <property or
153-23 service> fraudulently, he presents or uses a credit card or debit
153-24 card with knowledge that:
153-25 (A) the card, whether or not expired, has not
153-26 been issued to him and is not used with the effective consent of
153-27 the cardholder; or
154-1 (B) the card has expired or has been revoked or
154-2 cancelled;
154-3 (2) with intent to obtain a benefit <property or
154-4 service>, he uses a fictitious credit card or debit card or the
154-5 pretended number or description of a fictitious <credit> card;
154-6 (3) he receives a benefit <property or service> that
154-7 he knows has been obtained in violation of this section;
154-8 (4) he steals a credit card or debit card or, with
154-9 knowledge that it has been stolen, receives a credit card or debit
154-10 card with intent to use it, to sell it, or to transfer it to a
154-11 person other than the issuer or the cardholder;
154-12 (5) he buys a credit card or debit card from a person
154-13 who he knows is not the issuer;
154-14 (6) not being the issuer, he sells a credit card or
154-15 debit card;
154-16 (7) he uses or induces the cardholder to use the
154-17 cardholder's credit card to obtain property or service for the
154-18 actor's benefit for which the cardholder is financially unable to
154-19 pay;
154-20 (8) not being the cardholder, and without the
154-21 effective consent of the cardholder, he signs or writes his name or
154-22 the name of another on a credit card or debit card with intent to
154-23 use it;
154-24 (9) he possesses two or more incomplete credit cards
154-25 or debit cards that have not been issued to him with intent to
154-26 complete them without the effective consent of the issuer. For
154-27 purposes of this subdivision, a <credit> card is incomplete if part
155-1 of the matter that an issuer requires to appear on the <credit>
155-2 card before it can be used, <(>other than the signature of the
155-3 cardholder,<)> has not yet been stamped, embossed, imprinted, or
155-4 written on it;
155-5 (10) being authorized by an issuer to furnish goods or
155-6 services on presentation of a credit card, he, with intent to
155-7 defraud the issuer or the cardholder, furnishes goods or services
155-8 on presentation of a credit card obtained or retained in violation
155-9 of this section or a credit card that is forged, expired, or
155-10 revoked; or
155-11 (11) being authorized by an issuer to furnish goods or
155-12 services on presentation of a credit card, he, with intent to
155-13 defraud the issuer or a cardholder, fails to furnish goods or
155-14 services that he represents in writing to the issuer that he has
155-15 furnished.
155-16 (c) It is presumed that a person who used a revoked,
155-17 cancelled, or expired credit card or debit card had knowledge that
155-18 the card had been revoked, cancelled, or expired if he had received
155-19 notice of revocation, cancellation, or expiration from the issuer.
155-20 For purposes of this section, notice may be either notice given
155-21 orally in person or by telephone, or in writing by mail or by
155-22 telegram. If written notice was sent by registered or certified
155-23 mail with return receipt requested, or by telegram with report of
155-24 delivery requested, addressed to the cardholder at the last address
155-25 shown by the records of the issuer, it is presumed that the notice
155-26 was received by the cardholder no later than five days after sent.
155-27 (d) An offense under this section is a felony of the fourth
156-1 <third> degree.
156-2 Sec. 32.32. FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT.
156-3 (a) For purposes of this section, "credit" includes:
156-4 (1) a loan of money;
156-5 (2) furnishing property or service on credit;
156-6 (3) extending the due date of an obligation;
156-7 (4) comaking, endorsing, or guaranteeing a note or
156-8 other instrument for obtaining credit;
156-9 (5) a line or letter of credit; and
156-10 (6) a credit card, as defined in Section 32.31 <of
156-11 this code> (Credit Card Abuse).
156-12 (b) A person commits an offense if he intentionally or
156-13 knowingly makes a materially false or misleading written statement
156-14 to obtain property or credit for himself or another.
156-15 (c) An offense under this section is a Class A misdemeanor.
156-16 Sec. 32.33. Hindering Secured Creditors. (a) For purposes
156-17 of this section:
156-18 (1) "Remove" means transport, without the effective
156-19 consent of the secured party, from the state in which the property
156-20 was located when the security interest or lien attached.
156-21 (2) "Security interest" means an interest in personal
156-22 property or fixtures that secures payment or performance of an
156-23 obligation.
156-24 (b) A person who has signed a security agreement creating a
156-25 security interest in property or a mortgage or deed of trust
156-26 creating a lien on property commits an offense if, with intent to
156-27 hinder enforcement of that interest or lien, he destroys, removes,
157-1 conceals, encumbers, or otherwise harms or reduces the value of the
157-2 property.
157-3 (c) For purposes of this section, a person is presumed to
157-4 have intended to hinder enforcement of the security interest or
157-5 lien if, when any part of the debt secured by the security interest
157-6 or lien was due, he failed:
157-7 (1) to pay the part then due; and
157-8 (2) if the secured party had made demand, to deliver
157-9 possession of the secured property to the secured party.
157-10 (d) An <Except as provided in Subsections (e) and (f) of
157-11 this section, an> offense under Subsection (b) <this section> is a:
157-12 (1) Class C misdemeanor if the value of the property
157-13 harmed or reduced in value is less than $50;
157-14 (2) Class B misdemeanor if the value of the property
157-15 harmed or reduced in value is $50 or more but less than $500;
157-16 (3) Class A misdemeanor if the value of the property
157-17 harmed or reduced in value is $500 or more but less than $1,500;
157-18 (4) felony of the fourth degree if the value of the
157-19 property harmed or reduced in value is $1,500 or more but less than
157-20 $20,000;
157-21 (5) felony of the third degree if the value of the
157-22 property harmed or reduced in value is $20,000 or more but less
157-23 than $100,000; or
157-24 (6) felony of the second degree if the value of the
157-25 property harmed or reduced in value is $100,000 or more <Class A
157-26 misdemeanor>.
157-27 (e) <If the actor removes the property, the offense is a
158-1 felony of the third degree.>
158-2 <(f)> A person who is a debtor under a security agreement,
158-3 and who does not have a right to sell or dispose of the secured
158-4 property or is required to account to the secured party for the
158-5 proceeds of a permitted sale or disposition, commits an offense if
158-6 the person sells or otherwise disposes of the secured property, or
158-7 does not account to the secured party for the proceeds of a sale or
158-8 other disposition as required, with intent to appropriate (as
158-9 defined in Chapter 31 <of this code>) the proceeds or value of the
158-10 secured property. A person is presumed to have intended to
158-11 appropriate proceeds if the person does not deliver the proceeds to
158-12 the secured party or account to the secured party for the proceeds
158-13 before the 11th day after the day that the secured party makes a
158-14 lawful demand for the proceeds or account. An offense under this
158-15 subsection is:
158-16 (1) a Class C <A> misdemeanor if the proceeds obtained
158-17 from the sale or other disposition are money or goods having a
158-18 value of less than $50 <$10,000>;
158-19 (2) a Class B misdemeanor if the proceeds obtained
158-20 from the sale or other disposition are money or goods having a
158-21 value of $50 or more but less than $500;
158-22 (3) a Class A misdemeanor if the proceeds obtained
158-23 from the sale or other disposition are money or goods having a
158-24 value of $500 or more but less than $1,500;
158-25 (4) a felony of the fourth degree if the proceeds
158-26 obtained from the sale or other disposition are money or goods
158-27 having a value of $1,500 or more but less than $20,000;
159-1 (5) a felony of the third degree if the proceeds
159-2 obtained from the sale or other disposition are money or goods
159-3 having a value of $20,000 or more but less than $100,000; or
159-4 (6) a felony of the second degree if the proceeds
159-5 obtained from the sale or other disposition are money or goods
159-6 having a value of $100,000 or more <a felony of the third degree if
159-7 the proceeds obtained from the sale or other disposition are money
159-8 or goods having a value of $10,000 or more>.
159-9 <Sec. 32.34. FRAUD IN INSOLVENCY. (a) A person commits an
159-10 offense if, when proceedings have been or are about to be
159-11 instituted for the appointment of a trustee, receiver, or other
159-12 person entitled to administer property for the benefit of
159-13 creditors, or when any other assignment, composition, or
159-14 liquidation for the benefit of creditors has been or is about to be
159-15 made:>
159-16 <(1) he destroys, removes, conceals, encumbers,
159-17 transfers, or otherwise harms or reduces the value of the property
159-18 with intent to defeat or obstruct the operation of a law relating
159-19 to administration of property for the benefit of creditors;>
159-20 <(2) he intentionally falsifies any writing or record
159-21 relating to the property or any claim against the debtor; or>
159-22 <(3) he intentionally misrepresents or refuses to
159-23 disclose to a trustee or receiver, or other person entitled to
159-24 administer property for the benefit of creditors, the existence,
159-25 amount, or location of the property, or any other information that
159-26 the actor could legally be required to furnish in relation to the
159-27 administration.>
160-1 <(b) An offense under this section is a Class A misdemeanor.>
160-2 <Sec. 32.35. RECEIVING DEPOSIT, PREMIUM, OR INVESTMENT IN
160-3 FAILING FINANCIAL INSTITUTION. (a) A person directing or
160-4 participating in the direction of a financial institution commits
160-5 an offense if he receives or permits the receipt of a deposit,
160-6 premium payment, or investment in the institution knowing that, due
160-7 to the financial condition of the institution:>
160-8 <(1) it is unable to make payment of the deposit on
160-9 demand, if it is a deposit ordinarily payable on demand; or>
160-10 <(2) it is about to suspend operations or go into
160-11 receivership.>
160-12 <(b) It is a defense to prosecution under this section that:>
160-13 <(1) the person making the deposit, premium payment,
160-14 or investment was adequately informed of the financial condition of
160-15 the institution; or>
160-16 <(2) the accounts of the institution are insured or
160-17 guaranteed by an agency or instrumentality of the United States
160-18 government or in accordance with the Texas Credit Union Act
160-19 (Article 2461-1.01 et seq., Vernon's Texas Civil Statutes).>
160-20 <(c) An offense under this section is a Class A
160-21 misdemeanor.>
160-22 Sec. 32.34 <32.36>. FRAUDULENT TRANSFER OF A MOTOR VEHICLE.
160-23 (a) In this section:
160-24 (1) "Lease" means the grant of use and possession of a
160-25 motor vehicle for consideration, whether or not the grant includes
160-26 an option to buy the vehicle.
160-27 (2) "Motor vehicle" means a device in, on, or by which
161-1 a person or property is or may be transported or drawn on a
161-2 highway, except a device used exclusively on stationary rails or
161-3 tracks.
161-4 (3) "Security interest" means an interest in personal
161-5 property or fixtures that secures payment or performance of an
161-6 obligation.
161-7 (4) "Third party" means a person other than the actor
161-8 or the owner of the vehicle.
161-9 (5) "Transfer" means to transfer possession, whether
161-10 or not another right is also transferred, by means of a sale,
161-11 lease, sublease, lease assignment, or other property transfer.
161-12 (b) A person commits an offense if the person acquires,
161-13 accepts possession of, or exercises control over the motor vehicle
161-14 of another under a written or oral agreement to arrange for the
161-15 transfer of the vehicle to a third party and:
161-16 (1) knowing the vehicle is subject to a security
161-17 interest, lease, or lien, the person transfers the vehicle to a
161-18 third party without first obtaining written authorization from the
161-19 vehicle's secured creditor, lessor, or lienholder;
161-20 (2) intending to defraud or harm the vehicle's owner,
161-21 the person transfers the vehicle to a third party;
161-22 (3) intending to defraud or harm the vehicle's owner,
161-23 the person disposes of the vehicle in a manner other than by
161-24 transfer to a third party; or
161-25 (4) the person does not disclose the location of the
161-26 vehicle on the request of the vehicle's owner, secured creditor,
161-27 lessor, or lienholder.
162-1 (c) For the purposes of Subsection (b)(2) <of this section>,
162-2 the actor is presumed to have intended to defraud or harm the motor
162-3 vehicle's owner if the actor does not take reasonable steps to
162-4 determine whether or not the third party is financially able to pay
162-5 for the vehicle.
162-6 (d) It is a defense to prosecution under Subsection (b)(1)
162-7 <of this section> that the entire indebtedness secured by or owed
162-8 under the security interest, lease, or lien is paid or satisfied in
162-9 full not later than the 30th day after the date that the transfer
162-10 was made.
162-11 (e) It is not a defense to prosecution under Subsection
162-12 (b)(1) <of this section> that the motor vehicle's owner has
162-13 violated a contract creating a security interest, lease, or lien in
162-14 the motor vehicle.
162-15 (f) An offense under Subsection (b)(1), (b)(2), or (b)(3)
162-16 <of this section> is:
162-17 (1) a felony of the fourth <third> degree if the value
162-18 of the motor vehicle is less than $20,000; or
162-19 (2) a felony of the third <second> degree if the value
162-20 of the motor vehicle is $20,000 or more.
162-21 (g) An offense under Subsection (b)(4) <of this section> is
162-22 a Class A misdemeanor.
162-23 Sec. 32.35 <32.37>. CREDIT CARD TRANSACTION RECORD
162-24 LAUNDERING. (a) In this section:
162-25 (1) "Agent" means a person authorized to act on behalf
162-26 of another and includes an employee.
162-27 (2) "Authorized vendor" means a person authorized by a
163-1 creditor to furnish property, service, or anything else of value
163-2 upon presentation of a credit card by a cardholder.
163-3 (3) "Cardholder" means the person named on the face of
163-4 a credit card to whom or for whose benefit the credit card is
163-5 issued, and includes the named person's agents.
163-6 (4) "Credit card" means an identification card, plate,
163-7 coupon, book, number, or any other device authorizing a designated
163-8 person or bearer to obtain property or services on credit. It
163-9 includes the number or description on the device if the device
163-10 itself is not produced at the time of ordering or obtaining the
163-11 property or service.
163-12 (5) "Creditor" means a person licensed under Chapter
163-13 3, Subtitle 2, Title 79, Revised Statutes (Article 5069-3.01 et
163-14 seq., Vernon's Texas Civil Statutes), a bank, savings and loan
163-15 association, credit union, or other regulated financial institution
163-16 that lends money or otherwise extends credit to a cardholder
163-17 through a credit card and that authorizes other persons to honor
163-18 the credit card.
163-19 (b) A person commits an offense if the person is an
163-20 authorized vendor who, with intent to defraud the creditor or
163-21 cardholder, presents to a creditor, for payment, a credit card
163-22 transaction record of a sale that was not made by the authorized
163-23 vendor or the vendor's agent.
163-24 (c) A person commits an offense if, without the creditor's
163-25 authorization, the person employs, solicits, or otherwise causes an
163-26 authorized vendor or the vendor's agent to present to a creditor,
163-27 for payment, a credit card transaction record of a sale that was
164-1 not made by the authorized vendor or the vendor's agent.
164-2 (d) It is presumed that a person is not the agent of an
164-3 authorized vendor if a fee is paid or offered to be paid by the
164-4 person to the authorized vendor in connection with the vendor's
164-5 presentment to a creditor of a credit card transaction record.
164-6 (e) An offense under this section is a:
164-7 (1) Class C misdemeanor if the amount of the record of
164-8 a sale is less than $50;
164-9 (2) Class B misdemeanor if the amount of the record of
164-10 a sale is $50 or more but less than $500;
164-11 (3) Class A misdemeanor if the amount of the record of
164-12 a sale is $500 or more but less than $1,500;
164-13 (4) felony of the fourth degree if the amount of the
164-14 record of a sale is $1,500 or more but less than $20,000;
164-15 (5) felony of the third degree if the amount of the
164-16 record of a sale is $20,000 or more but less than $100,000; or
164-17 (6) felony of the second degree if the amount of the
164-18 record of a sale is $100,000 or more <Class A misdemeanor>.
164-19 (Sections 32.36 <32.38>-32.40 reserved for expansion)
164-20 SUBCHAPTER D. OTHER DECEPTIVE PRACTICES
164-21 Sec. 32.41. Issuance of Bad Check. (a) A person commits an
164-22 offense if he issues or passes a check or similar sight order for
164-23 the payment of money knowing that the issuer does not have
164-24 sufficient funds in or on deposit with the bank or other drawee for
164-25 the payment in full of the check or order as well as all other
164-26 checks or orders outstanding at the time of issuance.
164-27 (b) This section does not prevent the prosecution from
165-1 establishing the required knowledge by direct evidence; however,
165-2 for purposes of this section, the issuer's knowledge of
165-3 insufficient funds is presumed (except in the case of a postdated
165-4 check or order) if:
165-5 (1) he had no account with the bank or other drawee at
165-6 the time he issued the check or order; or
165-7 (2) payment was refused by the bank or other drawee
165-8 for lack of funds or insufficient funds on presentation within 30
165-9 days after issue and the issuer failed to pay the holder in full
165-10 within 10 days after receiving notice of that refusal.
165-11 (c) Notice for purposes of Subsection (b)(2) <of this
165-12 section> may be notice in writing, sent by registered or certified
165-13 mail with return receipt requested or by telegram with report of
165-14 delivery requested, and addressed to the issuer at his address
165-15 shown on:
165-16 (1) the check or order;
165-17 (2) the records of the bank or other drawee; or
165-18 (3) the records of the person to whom the check or
165-19 order has been issued or passed.
165-20 (d) If notice is given in accordance with Subsection (c) <of
165-21 this section>, it is presumed that the notice was received no later
165-22 than five days after it was sent.
165-23 (e) A person charged with an offense under this section may
165-24 make restitution for the bad checks. Restitution shall be made
165-25 through the prosecutor's office if collection and processing were
165-26 initiated through that office. In other cases restitution may,
165-27 with the approval of the court in which the offense is filed, be
166-1 made through the court.
166-2 (f) An offense under this section is a Class C misdemeanor.
166-3 (g) An offense under this section is not a lesser included
166-4 offense of an offense under Section 31.03 or 31.04 <of this code>.
166-5 Sec. 32.42. Deceptive Business Practices. (a) For purposes
166-6 of this section:
166-7 (1) "Adulterated" means varying from the standard of
166-8 composition or quality prescribed by law or set by established
166-9 commercial usage.
166-10 (2) "Business" includes trade and commerce and
166-11 advertising, selling, and buying service or property.
166-12 (3) "Commodity" means any tangible or intangible
166-13 personal property.
166-14 (4) "Contest" includes sweepstake, puzzle, and game of
166-15 chance.
166-16 (5) "Deceptive sales contest" means a sales contest:
166-17 (A) that misrepresents the participant's chance
166-18 of winning a prize;
166-19 (B) that fails to disclose to participants on a
166-20 conspicuously displayed permanent poster (if the contest is
166-21 conducted by or through a retail outlet) or on each card game
166-22 piece, entry blank, or other paraphernalia required for
166-23 participation in the contest (if the contest is not conducted by or
166-24 through a retail outlet):
166-25 (i) the geographical area or number of
166-26 outlets in which the contest is to be conducted;
166-27 (ii) an accurate description of each type
167-1 of prize;
167-2 (iii) the minimum number and minimum
167-3 amount of cash prizes; and
167-4 (iv) the minimum number of each other type
167-5 of prize; or
167-6 (C) that is manipulated or rigged so that prizes
167-7 are given to predetermined persons or retail establishments. A
167-8 sales contest is not deceptive if the total value of prizes to each
167-9 retail outlet is in a uniform ratio to the number of game pieces
167-10 distributed to that outlet.
167-11 (6) "Mislabeled" means varying from the standard of
167-12 truth or disclosure in labeling prescribed by law or set by
167-13 established commercial usage.
167-14 (7) "Prize" includes gift, discount, coupon,
167-15 certificate, gratuity, and any other thing of value awarded in a
167-16 sales contest.
167-17 (8) "Sales contest" means a contest in connection with
167-18 the sale of a commodity or service by which a person may, as
167-19 determined by drawing, guessing, matching, or chance, receive a
167-20 prize and which is not regulated by the rules of a federal
167-21 regulatory agency.
167-22 (9) "Sell" and "sale" include offer for sale,
167-23 advertise for sale, expose for sale, keep for the purpose of sale,
167-24 deliver for or after sale, solicit and offer to buy, and every
167-25 disposition for value.
167-26 (b) A person commits an offense if in the course of business
167-27 he intentionally, knowingly, recklessly, or with criminal
168-1 negligence commits one or more of the following deceptive business
168-2 practices:
168-3 (1) using, selling, or possessing for use or sale a
168-4 false weight or measure, or any other device for falsely
168-5 determining or recording any quality or quantity;
168-6 (2) selling less than the represented quantity of a
168-7 property or service;
168-8 (3) taking more than the represented quantity of
168-9 property or service when as a buyer the actor furnishes the weight
168-10 or measure;
168-11 (4) selling an adulterated or mislabeled commodity;
168-12 (5) passing off property or service as that of
168-13 another;
168-14 (6) representing that a commodity is original or new
168-15 if it is deteriorated, altered, rebuilt, reconditioned, reclaimed,
168-16 used, or secondhand;
168-17 (7) representing that a commodity or service is of a
168-18 particular style, grade, or model if it is of another;
168-19 (8) advertising property or service with intent:
168-20 (A) not to sell it as advertised, or
168-21 (B) not to supply reasonably expectable public
168-22 demand, unless the advertising adequately discloses a time or
168-23 quantity limit;
168-24 (9) representing the price of property or service
168-25 falsely or in a way tending to mislead;
168-26 (10) making a materially false or misleading statement
168-27 of fact concerning the reason for, existence of, or amount of a
169-1 price or price reduction;
169-2 (11) conducting a deceptive sales contest; or
169-3 (12) making a materially false or misleading
169-4 statement:
169-5 (A) in an advertisement for the purchase or sale
169-6 of property or service; or
169-7 (B) otherwise in connection with the purchase or
169-8 sale of property or service.
169-9 (c) An offense under Subsections (b)(1), (b)(2), (b)(3),
169-10 (b)(4), (b)(5), and (b)(6) <of this section> is:
169-11 (1) a Class C misdemeanor if the actor commits an
169-12 offense with criminal negligence and if he has not previously been
169-13 convicted of a deceptive business practice; or
169-14 (2) a Class A misdemeanor if the actor commits an
169-15 offense intentionally, knowingly, recklessly or if he has been
169-16 previously convicted of a Class B or C misdemeanor under this
169-17 section.
169-18 (d) An offense under Subsections (b)(7), (b)(8), (b)(9),
169-19 (b)(10), (b)(11), and (b)(12) is a Class A misdemeanor.
169-20 Sec. 32.43. Commercial Bribery. (a) For purposes of this
169-21 section:
169-22 (1) "Beneficiary" means a person for whom a fiduciary
169-23 is acting.
169-24 (2) "Fiduciary" means:
169-25 (A) an agent or employee;
169-26 (B) a trustee, guardian, custodian,
169-27 administrator, executor, conservator, receiver, or similar
170-1 fiduciary;
170-2 (C) a lawyer, physician, accountant, appraiser,
170-3 or other professional advisor; or
170-4 (D) an officer, director, partner, manager, or
170-5 other participant in the direction of the affairs of a corporation
170-6 or association.
170-7 (b) A person who is a fiduciary commits an offense if,
170-8 without the consent of his beneficiary, he intentionally or
170-9 knowingly solicits, accepts, or agrees to accept any benefit from
170-10 another person on agreement or understanding that the benefit will
170-11 influence the conduct of the fiduciary in relation to the affairs
170-12 of his beneficiary.
170-13 (c) A person commits an offense if he offers, confers, or
170-14 agrees to confer any benefit the acceptance of which is an offense
170-15 under Subsection (b) <of this section>.
170-16 (d) An offense under this section is a felony of the fourth
170-17 <third> degree.
170-18 (e) In lieu of a fine that is authorized by Subsection (d)
170-19 <of this section>, and in addition to the imprisonment that is
170-20 authorized by that subsection, if the court finds that an
170-21 individual who is a fiduciary gained a benefit through the
170-22 commission of an offense under Subsection (b) <of this section>,
170-23 the court may sentence the individual to pay a fine in an amount
170-24 fixed by the court, not to exceed double the value of the benefit
170-25 gained. This subsection does not affect the application of Section
170-26 12.51(c) <of this code> to an offense under this section committed
170-27 by a corporation or association.
171-1 Sec. 32.44. Rigging Publicly Exhibited Contest. (a) A
171-2 person commits an offense if, with intent to affect the outcome
171-3 (including the score) of a publicly exhibited contest:
171-4 (1) he offers, confers, or agrees to confer any
171-5 benefit on, or threatens harm to:
171-6 (A) a participant in the contest to induce him
171-7 not to use his best efforts; or
171-8 (B) an official or other person associated with
171-9 the contest; or
171-10 (2) he tampers with a person, animal, or thing in a
171-11 manner contrary to the rules of the contest.
171-12 (b) A person commits an offense if he intentionally or
171-13 knowingly solicits, accepts, or agrees to accept any benefit the
171-14 conferring of which is an offense under Subsection (a) <of this
171-15 section>.
171-16 (c) An <Except as provided in Subsection (d) of this
171-17 section, an> offense under this section is a Class A misdemeanor.
171-18 <(d) An offense under this section is a felony of the third
171-19 degree if the actor's conduct is in connection with betting or
171-20 wagering on the contest.>
171-21 Sec. 32.441. Illegal Recruitment of an Athlete. (a) A
171-22 person commits an offense if, without the consent of the governing
171-23 body or a designee of the governing body of an institution of
171-24 higher education, the person intentionally or knowingly solicits,
171-25 accepts, or agrees to accept any benefit from another on an
171-26 agreement or understanding that the benefit will influence the
171-27 conduct of the person in enrolling in the institution and
172-1 participating in intercollegiate athletics.
172-2 (b) A person commits an offense if he offers, confers, or
172-3 agrees to confer any benefit the acceptance of which is an offense
172-4 under Subsection (a) <of this section>.
172-5 (c) It is an exception to prosecution under this section
172-6 that the person offering, conferring, or agreeing to confer a
172-7 benefit and the person soliciting, accepting, or agreeing to accept
172-8 a benefit are related within the second degree of consanguinity or
172-9 affinity, as determined under Article 5996h, Revised Statutes.
172-10 (d) It is an exception to prosecution under Subsection (a)
172-11 <of this section> that, not later than the 60th day after the date
172-12 the person accepted or agreed to accept a benefit, the person
172-13 contacted a law enforcement agency and furnished testimony or
172-14 evidence about the offense.
172-15 (e) An offense under <Subsection (a) of> this section is a:
172-16 (1) Class C misdemeanor if the value of the benefit is
172-17 less than $50;
172-18 (2) Class B misdemeanor if the value of the benefit is
172-19 $50 or more but less than $500;
172-20 (3) Class A misdemeanor if the value of the benefit is
172-21 $500 or more but less than $1,500;
172-22 (4) felony of the fourth degree if the value of the
172-23 benefit is $1,500 or more but less than $20,000;
172-24 (5) felony of the third degree if the value of the
172-25 benefit is $20,000 or more but less than $100,000; or
172-26 (6) felony of the second degree if the value of the
172-27 benefit is $100,000 or more <Class A misdemeanor. An offense under
173-1 Subsection (b) of this section is a felony of the third degree>.
173-2 Sec. 32.45. Misapplication of Fiduciary Property or Property
173-3 of Financial Institution. (a) For purposes of this section:
173-4 (1) "Fiduciary" includes:
173-5 (A) trustee, guardian, administrator, executor,
173-6 conservator, and receiver;
173-7 (B) any other person acting in a fiduciary
173-8 capacity, but not a commercial bailee; and
173-9 (C) an officer, manager, employee, or agent
173-10 carrying on fiduciary functions on behalf of a fiduciary.
173-11 (2) "Misapply" means deal with property contrary to:
173-12 (A) an agreement under which the fiduciary holds
173-13 the property; or
173-14 (B) a law prescribing the custody or disposition
173-15 of the property.
173-16 (b) A person commits an offense if he intentionally,
173-17 knowingly, or recklessly misapplies property he holds as a
173-18 fiduciary or property of a financial institution in a manner that
173-19 involves substantial risk of loss to the owner of the property or
173-20 to a person for whose benefit the property is held.
173-21 (c) An offense under this section is:
173-22 (1) a Class C misdemeanor if the value of the property
173-23 misapplied is less than $50;
173-24 (2) a Class B misdemeanor if the value of the property
173-25 misapplied is $50 or more but less than $500;
173-26 (3) a Class A misdemeanor if the value of the property
173-27 misapplied is $500 or more but less than $1,500 <$200>;
174-1 (4) <(2)> a felony of the fourth <third> degree if the
174-2 value of the property misapplied is $1,500 <$200> or more but less
174-3 than $20,000 <$10,000>;
174-4 (5) <(3)> a felony of the third <second> degree if the
174-5 value of the property misapplied is $20,000 <$10,000> or more but
174-6 less than $100,000; or
174-7 (6) <(4)> a felony of the second <first> degree if the
174-8 value of the property misapplied is $100,000 or more.
174-9 Sec. 32.46. Securing Execution of Document by Deception.
174-10 (a) A person commits an offense if, with intent to defraud or harm
174-11 any person, he, by deception, causes another to sign or execute any
174-12 document affecting property or service or the pecuniary interest of
174-13 any person.
174-14 (b) An offense under this section is a felony of the fourth
174-15 <third> degree.
174-16 Sec. 32.47. Fraudulent Destruction, Removal, or Concealment
174-17 of Writing. (a) A person commits an offense if, with intent to
174-18 defraud or harm another, he destroys, removes, conceals, alters,
174-19 substitutes, or otherwise impairs the verity, legibility, or
174-20 availability of a writing, other than a governmental record.
174-21 (b) For purposes of this section, "writing" includes:
174-22 (1) printing or any other method of recording
174-23 information;
174-24 (2) money, coins, tokens, stamps, seals, credit cards,
174-25 badges, trademarks;
174-26 (3) symbols of value, right, privilege, or
174-27 identification; and
175-1 (4) labels, price tags, or markings on goods.
175-2 (c) Except as provided in Subsection (d) <of this section>,
175-3 an offense under this section is a Class A misdemeanor.
175-4 (d) An offense under this section is a felony of the fourth
175-5 <third> degree if the writing:
175-6 (1) is a will or codicil of another, whether or not
175-7 the maker is alive or dead and whether or not it has been admitted
175-8 to probate; or
175-9 (2) is a deed, mortgage, deed of trust, security
175-10 instrument, security agreement, or other writing for which the law
175-11 provides public recording or filing, whether or not the writing has
175-12 been acknowledged.
175-13 Sec. 32.48. Endless Chain Scheme. (a) For the purposes of
175-14 this section:
175-15 (1) "Endless chain" means any scheme for the disposal
175-16 or distribution of property whereby a participant pays a valuable
175-17 consideration for the chance to receive compensation for
175-18 introducing one or more additional persons into participation in
175-19 the scheme or for the chance to receive compensation when a person
175-20 introduced by the participant introduces a new participant.
175-21 (2) "Compensation" does not mean or include payment
175-22 based on sales made to persons who are not participants in the
175-23 scheme and who are not purchasing in order to participate in the
175-24 scheme.
175-25 (b) A person commits an offense if he contrives, prepares,
175-26 sets up, proposes, operates, promotes, or participates in an
175-27 endless chain.
176-1 (c) An offense under this section is a Class B misdemeanor.
176-2 <Sec. 32.49. ISSUANCE OF CHECKS PRINTED ON RED PAPER. (a)
176-3 A person commits an offense if he issues a check or similar sight
176-4 order for payment of money printed on dark red or other colored
176-5 paper that prevents reproduction of an image of the order by
176-6 microfilming or other similar reproduction equipment, knowing that
176-7 the colored paper prevents reproduction.>
176-8 <(b) An offense under this section is a Class A misdemeanor.>
176-9 <Sec. 32.50. ><Debit Card Abuse><. (a) For purposes of this
176-10 section:>
176-11 <(1) "Cardholder" means the person named on the face
176-12 of a debit card to whom or for whose benefit the card is issued.>
176-13 <(2) "Debit card" means an identification card, plate,
176-14 coupon, book, number, or any other device authorizing a designated
176-15 person or bearer to communicate a request to an unmanned teller
176-16 machine or a customer convenience terminal. It includes the number
176-17 or description of the device if the device itself is not produced
176-18 at the time of ordering or obtaining the benefit.>
176-19 <(3) "Expired debit card" means a card bearing as its
176-20 expiration date a date that has passed.>
176-21 <(4) "Unmanned teller machine" means a machine, other
176-22 than a telephone, capable of being operated solely by a customer,
176-23 by which a customer may communicate to a financial institution a
176-24 request to withdraw a benefit for himself or for another directly
176-25 from the customer's account or from the customer's account pursuant
176-26 to a line of credit previously authorized by the institution for
176-27 the customer.>
177-1 <(5) "Customer convenience terminal" means a device
177-2 which is a particular kind of unmanned teller machine (i.e., the
177-3 use of which does not involve personnel of a financial
177-4 institution).>
177-5 <(b) A person commits an offense if:>
177-6 <(1) with intent to obtain a benefit for himself or
177-7 for another fraudulently, he intentionally or knowingly presents or
177-8 uses a debit card with knowledge that:>
177-9 <(A) the card, whether or not expired, has not
177-10 been issued to him and is not used with the effective consent of
177-11 the cardholder; or>
177-12 <(B) the card has expired or has been revoked or
177-13 canceled;>
177-14 <(2) with intent to obtain a benefit for himself or
177-15 for another, he intentionally or knowingly uses a fictitious debit
177-16 card or the pretended number or description of a fictitious card;>
177-17 <(3) he intentionally or knowingly receives a benefit
177-18 for himself or for another that he knows has been obtained in
177-19 violation of this section;>
177-20 <(4) he steals a debit card or, with knowledge that it
177-21 has been stolen, receives a card with intent to use it, to sell it,
177-22 or to transfer it to a person other than the issuer or the
177-23 cardholder;>
177-24 <(5) he buys a debit card from a person who he knows
177-25 is not the issuer;>
177-26 <(6) not being the issuer, he sells a debit card;>
177-27 <(7) not being the cardholder, and without the
178-1 effective consent of the cardholder, he signs or writes his name or
178-2 the name of another on a debit card with intent to use it; or>
178-3 <(8) he possesses two or more incomplete debit cards
178-4 that have not been issued to him with intent to complete them
178-5 without the effective consent of the issuer. For purposes of this
178-6 subdivision, a card is incomplete if part of the matter that an
178-7 issuer requires to appear on the card before it can be used (other
178-8 than the signature of the cardholder) has not yet been stamped,
178-9 embossed, imprinted, or written on it.>
178-10 <(c) It is presumed that a person who used a revoked,
178-11 canceled, or expired debit card had knowledge that the card had
178-12 been revoked, canceled, or expired if he had received notice of
178-13 revocation, cancellation, or expiration from the issuer. For
178-14 purposes of this section, notice may be either notice given orally
178-15 in person or by telephone, or in writing by mail or by telegram.
178-16 If written notice was sent by registered or certified mail with
178-17 return receipt requested, or by telegram with report of delivery
178-18 requested, addressed to the cardholder at the last address shown by
178-19 the records of the issuer, it is presumed that the notice was
178-20 received by the cardholder no later than five days after sent.>
178-21 <(d) An offense under this section is a felony of the third
178-22 degree.>
178-23 <Sec. 32.51. ><Penalty for Fraudulently Obtaining or Denying
178-24 Workers' Compensation Benefits><. (a) A person commits an offense
178-25 if the person, with intent to obtain or deny payments of workers'
178-26 compensation benefits under the workers' compensation laws of this
178-27 state for himself or another, knowingly or intentionally:>
179-1 <(1) makes a false or misleading statement;>
179-2 <(2) misrepresents or conceals a material fact; or>
179-3 <(3) fabricates, alters, conceals, or destroys a
179-4 document other than a governmental record.>
179-5 <(b) A person commits an offense if the person receives
179-6 workers' compensation benefits that the person knows he is not
179-7 legally entitled to receive.>
179-8 <(c) An offense under Subsection (a) of this section is a
179-9 Class A misdemeanor. An offense under Subsection (b) of this
179-10 section is:>
179-11 <(1) a Class A misdemeanor if the value of the
179-12 benefits received is less than $750;>
179-13 <(2) a felony of the third degree if the value of the
179-14 benefits received is $750 or more but less than $10,000; and>
179-15 <(3) a felony of the second degree if the value of the
179-16 benefits received is $10,000 or more.>
179-17 <Sec. 32.52. ><Fraudulent Statement to Financial Institution><.
179-18 (a) A person commits an offense if, with intent to defraud or harm
179-19 a financial institution, he knowingly makes a materially false or
179-20 misleading written statement to obtain or in an attempt to obtain
179-21 moneys, accounts, funds, credits, assets, securities, or other
179-22 property owned by, or under the custody or control of, a financial
179-23 institution.>
179-24 <(b) An offense under this section is a Class A misdemeanor.>
179-25 <Sec. 32.53. TAXICAB FARES. (a) A person who operates a
179-26 taxicab commits an offense if the person intentionally extends the
179-27 distance or time for a trip beyond the distance or time necessary
180-1 for the trip for the purpose of increasing the fare for the trip.>
180-2 <(b) An offense under this section is a Class B misdemeanor.>
180-3 <Sec. 32.54. PENALTY FOR FRAUDULENTLY OBTAINING WORKERS'
180-4 COMPENSATION INSURANCE COVERAGE. (a) A person commits an offense
180-5 if the person, with intent to obtain workers' compensation
180-6 insurance coverage for himself or another under the workers'
180-7 compensation insurance laws of this state, knowingly or
180-8 intentionally:>
180-9 <(1) makes a false statement;>
180-10 <(2) misrepresents or conceals a material fact; or>
180-11 <(3) makes a false entry in, fabricates, alters,
180-12 conceals, or destroys a document other than a governmental record.>
180-13 <(b) An offense under Subsection (a) of this section is a
180-14 felony of the third degree.>
180-15 <(c) The court may order a person to pay restitution to an
180-16 insurance company, the Texas workers' compensation insurance
180-17 facility, or the Texas Workers' Compensation Insurance Fund if the
180-18 person commits an offense under this section.>
180-19 <SUBCHAPTER E. SAVINGS AND LOAN ASSOCIATIONS>
180-20 <Sec. 32.71. EMBEZZLEMENT; UNAUTHORIZED ISSUANCE; FALSE
180-21 ENTRY. (a) An officer, director, member of any committee, clerk,
180-22 or agent of any savings and loan association in this state commits
180-23 an offense if the person embezzles, abstracts, or misapplies money,
180-24 funds, or credits of the association, issues or puts into
180-25 circulation any warrant or other order without proper authority,
180-26 issues, assigns, transfers, cancels, or delivers up any note, bond,
180-27 draft, mortgage, judgment, decree, or other written instrument
181-1 belonging to the association, certifies to or makes a false entry
181-2 in any book, report, or statement of or to the association, with
181-3 intent to deceive, injure, or defraud the association or a member
181-4 of the association for the purpose of inducing any person to become
181-5 a member of the association or to deceive anyone appointed to
181-6 examine the affairs of the association.>
181-7 <(b) A person commits an offense if the person, with intent
181-8 to deceive, injure, or defraud, aids or abets any officer, member
181-9 of any committee, or other person in committing any of the acts
181-10 prohibited under Subsection (a).>
181-11 <(c) An offense under this section is a felony punishable by
181-12 imprisonment for not less than one year or more than 10 years.>
181-13 <Sec. 32.72. FALSE INFORMATION; SUPPRESSING EVIDENCE. (a)
181-14 Any person commits an offense if the person for the purpose of
181-15 influencing the actions of an association or its employees, agents,
181-16 or representatives or for the purpose of influencing the actions of
181-17 The Finance Commission of Texas, the savings and loan commissioner,
181-18 or employees, agents, or representatives of the Savings and Loan
181-19 Department of Texas, knowingly:>
181-20 <(1) removes, mutilates, destroys, or conceals a
181-21 paper, book, or record of a savings and loan association or of the
181-22 savings and loan commissioner or the Savings and Loan Department of
181-23 Texas for the purpose of concealing a fact or suppressing evidence;>
181-24 <(2) makes, passes, alters, or publishes a false,
181-25 counterfeit, or forged instrument, paper, document, statement, or
181-26 report to a savings and loan association or to the savings and loan
181-27 commissioner or the Savings and Loan Department of Texas; or>
182-1 <(3) substantially overvalues land, property,
182-2 security, an asset, or income in connection with a transaction with
182-3 a savings and loan association without substantiation,
182-4 justification, or supporting documentation generally accepted by
182-5 appraisal standards.>
182-6 <(b) An offense under this section is a felony punishable by
182-7 a fine of not more than $100,000, imprisonment for not more than 10
182-8 years, or both.>
182-9 CHAPTER 33. COMPUTER CRIMES
182-10 Sec. 33.01. Definitions. In this chapter:
182-11 (1) "Access" means to approach, instruct, communicate
182-12 with, store data in, retrieve or intercept data from, alter data or
182-13 computer software in, or otherwise make use of any resource of a
182-14 computer, computer system, or computer network.
182-15 (2) "Communications common carrier" means a person who
182-16 owns or operates a telephone system in this state that includes
182-17 equipment or facilities for the conveyance, transmission, or
182-18 reception of communications and who receives compensation from
182-19 persons who use that system.
182-20 (3) <(2)> "Computer" means an electronic, magnetic,
182-21 optical, electrochemical, or other high-speed data processing
182-22 device that performs logical, arithmetic, or memory functions by
182-23 the manipulations of electronic or magnetic impulses and includes
182-24 all input, output, processing, storage, or communication facilities
182-25 that are connected or related to the device.
182-26 (4) <(3)> "Computer network" means the interconnection
182-27 of two or more computers or computer systems by satellite,
183-1 microwave, line, or other communication medium with the capability
183-2 to transmit information among the computers.
183-3 (5) <(4)> "Computer program" means an ordered set of
183-4 data representing coded instructions or statements that when
183-5 executed by a computer cause the computer to process data or
183-6 perform specific functions.
183-7 (6) <(5)> "Computer security system" means the design,
183-8 procedures, or other measures that the person responsible for the
183-9 operation and use of a computer employs to restrict the use of the
183-10 computer to particular persons or uses or that the owner or
183-11 licensee of data stored or maintained by a computer in which the
183-12 owner or licensee is entitled to store or maintain the data employs
183-13 to restrict access to the data.
183-14 (7) <(6)> "Computer services" means the product of the
183-15 use of a computer, the information stored in the computer, or the
183-16 personnel supporting the computer, including computer time, data
183-17 processing, and storage functions.
183-18 (8) <(7)> "Computer system" means any combination of a
183-19 computer or computer network <computers> with the documentation,
183-20 computer software, or physical facilities supporting the computer
183-21 or computer network.
183-22 (9) <(8)> "Computer software" means a set of computer
183-23 programs, procedures, and associated documentation related to the
183-24 operation of a computer, computer system, or computer network.
183-25 (10) <(9)> "Computer virus" means an unwanted computer
183-26 program or other set of instructions inserted into a computer's
183-27 memory, operating system, or program that is specifically
184-1 constructed with the ability to replicate itself and to affect the
184-2 other programs or files in the computer by attaching a copy of the
184-3 unwanted program or other set of instructions to one or more
184-4 computer programs or files.
184-5 <(10) "Damage" includes partial or total alteration,
184-6 damage, or erasure of stored data, or interruption of computer
184-7 services.>
184-8 (11) "Data" means a representation of information,
184-9 knowledge, facts, concepts, or instructions that is being prepared
184-10 or has been prepared in a formalized manner and is intended to be
184-11 stored or processed, is being stored or processed, or has been
184-12 stored or processed in a computer. Data may be embodied in any
184-13 form, including but not limited to computer printouts, magnetic
184-14 storage media, laser storage media, and punchcards, or may be
184-15 stored internally in the memory of the computer.
184-16 (12) "Effective consent" includes consent by a person
184-17 legally authorized to act for the owner. Consent is not effective
184-18 if:
184-19 (A) induced by deception, as defined by Section
184-20 31.01;
184-21 (B) given by a person the actor knows is not
184-22 legally authorized to act for the owner;
184-23 (C) given by a person who by reason of youth,
184-24 mental disease or defect, or intoxication is known by the actor to
184-25 be unable to make reasonable property dispositions;
184-26 (D) given solely to detect the commission of an
184-27 offense; or
185-1 (E) used for a purpose other than that for which
185-2 the consent was given.
185-3 (13) <(12)> "Electric utility" has the meaning
185-4 assigned by Subsection (c), Section 3, Public Utility Regulatory
185-5 Act (Article 1446c, Vernon's Texas Civil Statutes).
185-6 (14) "Harm" includes partial or total alteration,
185-7 damage, or erasure of stored data, interruption of computer
185-8 services, introduction of a computer virus, or any other loss,
185-9 disadvantage, or injury that might reasonably be suffered as a
185-10 result of the actor's conduct.
185-11 (15) "Owner" means a person who:
185-12 (A) has title to the property, possession of the
185-13 property, whether lawful or not, or a greater right to possession
185-14 of the property than the actor;
185-15 (B) has the right to restrict access to the
185-16 property; or
185-17 (C) is the licensee of data or computer
185-18 software.
185-19 (16) "Property" means:
185-20 (A) tangible or intangible personal property
185-21 including a computer, computer system, computer network, computer
185-22 software, or data; or
185-23 (B) the use of a computer, computer system,
185-24 computer network, computer software, or data.
185-25 Sec. 33.02. Breach of Computer Security. (a) A person
185-26 commits an offense if the person knowingly accesses a computer,
185-27 computer network, or computer system<:>
186-1 <(1) uses a computer without the effective consent of
186-2 the owner of the computer or a person authorized to license access
186-3 to the computer and the actor knows that there exists a computer
186-4 security system intended to prevent him from making that use of the
186-5 computer; or>
186-6 <(2) gains access to data stored or maintained by a
186-7 computer> without the effective consent of the owner <or licensee
186-8 of the data and the actor knows that there exists a computer
186-9 security system intended to prevent him from gaining access to that
186-10 data>.
186-11 (b) A person commits an offense if the person intentionally
186-12 or knowingly gives a password, identifying code, personal
186-13 identification number, debit card number, bank account number, or
186-14 other confidential information about a computer security system to
186-15 another person without the effective consent of the person
186-16 employing the computer security system to restrict <the use of a
186-17 computer or to restrict> access to a computer, computer network,
186-18 computer system, or data <stored or maintained by a computer>.
186-19 (c) An offense under this section is a Class A misdemeanor
186-20 unless the actor's intent is to obtain a benefit or defraud or harm
186-21 another, in which event the offense is:
186-22 (1) a felony of the fourth degree if the value of the
186-23 benefit or the amount of the loss or harm is less than $20,000; or
186-24 (2) a felony of the third degree if the value of the
186-25 benefit or the amount of the loss or harm is $20,000 or more.
186-26 (d) A person who is subject to prosecution under this
186-27 section and any other section of this code may be prosecuted under
187-1 either or both sections.
187-2 Sec. 33.03. <HARMFUL ACCESS. (a) A person commits an
187-3 offense if the person intentionally or knowingly and without
187-4 authorization from the owner of the computer or a person authorized
187-5 to license access to the computer:>
187-6 <(1) damages, alters, or destroys a computer, computer
187-7 program or software, computer system, data, or computer network;>
187-8 <(2) causes a computer to interrupt or impair a
187-9 government operation, public communication, public transportation,
187-10 or public service providing water or gas;>
187-11 <(3) uses a computer to:>
187-12 <(A) tamper with government, medical, or
187-13 educational records; or>
187-14 <(B) receive or use records that were not
187-15 intended for public dissemination to gain an advantage over
187-16 business competitors;>
187-17 <(4) obtains information from or introduces false
187-18 information into a computer system to damage or enhance the data or
187-19 credit records of a person;>
187-20 <(5) causes a computer to remove, alter, erase, or
187-21 copy a negotiable instrument; or>
187-22 <(6) inserts or introduces a computer virus into a
187-23 computer program, computer network, or computer system.>
187-24 <(b) An offense under this section is a:>
187-25 <(1) felony of the second degree if the value of the
187-26 loss or damage caused by the conduct is $20,000 or more;>
187-27 <(2) felony of the third degree if the value of the
188-1 loss or damage caused by the conduct is $750 or more but less than
188-2 $20,000; or>
188-3 <(3) Class A misdemeanor if the value of the loss or
188-4 damage caused by the conduct is $200 or more but less than $750.>
188-5 <Sec. 33.04.> Defenses. It is an affirmative defense to
188-6 prosecution under Section <Sections> 33.02 <and 33.03 of this code>
188-7 that the actor was an officer, employee, or agent of a
188-8 communications common carrier or electric utility and committed the
188-9 proscribed act or acts in the course of employment while engaged in
188-10 an activity that is a necessary incident to the rendition of
188-11 service or to the protection of the rights or property of the
188-12 communications common carrier or electric utility.
188-13 Sec. 33.04 <33.05>. Assistance by Attorney General. The
188-14 attorney general, if requested to do so by a prosecuting attorney,
188-15 may assist the prosecuting attorney in the investigation or
188-16 prosecution of an offense under this chapter or of any other
188-17 offense involving the use of a computer.
188-18 TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
188-19 CHAPTER 36. BRIBERY AND CORRUPT INFLUENCE
188-20 Sec. 36.01. Definitions. In this chapter:
188-21 (1) "Coercion" means a threat, however communicated:
188-22 (A) to commit any offense;
188-23 (B) to inflict bodily injury on the person
188-24 threatened or another;
188-25 (C) to accuse any person of any offense;
188-26 (D) to expose any person to hatred, contempt, or
188-27 ridicule;
189-1 (E) to harm the credit, business repute, or
189-2 pecuniary interest of any person; or
189-3 (F) to unlawfully take or withhold action as a
189-4 public servant, or to cause a public servant to unlawfully take or
189-5 withhold action.
189-6 (2) <"Custody" means:>
189-7 <(A) detained or under arrest by a peace
189-8 officer; or>
189-9 <(B) under restraint by a public servant
189-10 pursuant to an order of a court.>
189-11 <(3)> "Official proceeding" means any type of
189-12 administrative, executive, legislative, or judicial proceeding that
189-13 may be conducted before a public servant authorized by law to take
189-14 statements under oath.
189-15 (3) <(4)> "Party official" means a person who holds
189-16 any position or office in a political party, whether by election,
189-17 appointment, or employment.
189-18 (4) <(5)> "Benefit" means anything reasonably regarded
189-19 as economic <pecuniary> gain or <pecuniary> advantage, including
189-20 benefit to any other person in whose welfare the beneficiary is
189-21 interested <has a direct and substantial interest>.
189-22 (5) <(6)> "Vote" means to cast a ballot in an election
189-23 regulated by law.
189-24 Sec. 36.02. Bribery. (a) A person commits an offense if he
189-25 intentionally or knowingly offers, confers, or agrees to confer on
189-26 another, or solicits, accepts, or agrees to accept from another:
189-27 (1) any benefit as consideration for the recipient's
190-1 decision, opinion, recommendation, vote, or other exercise of
190-2 discretion as a public servant, party official, or voter;
190-3 (2) any benefit as consideration for the recipient's
190-4 decision, vote, recommendation, or other exercise of official
190-5 discretion in a judicial or administrative proceeding;
190-6 (3) any benefit as consideration for a violation of a
190-7 duty imposed by law on a public servant or party official; or
190-8 (4) any benefit that is a political contribution as
190-9 defined by Title 15, Election Code, if the benefit was offered,
190-10 conferred, solicited, accepted, or agreed to pursuant to an express
190-11 agreement to take or withhold a specific exercise of official
190-12 discretion.
190-13 (b) Notwithstanding <if such exercise of official discretion
190-14 would not have been taken or withheld but for the benefit;
190-15 notwithstanding> any rule of evidence or jury instruction allowing
190-16 factual inferences in the absence of certain evidence, direct
190-17 evidence of the express agreement shall be required in any
190-18 prosecution under Subsection (a)(4) <this subdivision>.
190-19 (c) <(b)> It is no defense to prosecution under this section
190-20 that a person whom the actor sought to influence was not qualified
190-21 to act in the desired way whether because he had not yet assumed
190-22 office or he lacked jurisdiction or for any other reason.
190-23 (d) <(c)> It is no defense to prosecution under this section
190-24 that the benefit is not offered or conferred or that the benefit is
190-25 not solicited or accepted until after:
190-26 (1) the decision, opinion, recommendation, vote, or
190-27 other exercise of discretion has occurred; or
191-1 (2) the public servant ceases to be a public servant.
191-2 (e) <(d)> It is an exception to the application of
191-3 Subdivisions (1), (2), and (3) of Subsection (a) <of this section>
191-4 that the benefit is a political contribution accepted and reported
191-5 in accordance with <as defined by> Title 15, Election Code.
191-6 (f) <(e)> An offense under this section is a felony of the
191-7 second degree.
191-8 Sec. 36.03. Coercion of Public Servant or Voter. (a) A
191-9 person commits an offense if by means of coercion he:
191-10 (1) influences or attempts to influence a public
191-11 servant in a specific exercise of his official power or a specific
191-12 performance of his official duty or influences or attempts to
191-13 influence a public servant to violate the public servant's known
191-14 legal duty; or
191-15 (2) influences or attempts to influence a voter not to
191-16 vote or to vote in a particular manner.
191-17 (b) An offense under this section is a Class A misdemeanor
191-18 unless the coercion is a threat to commit a felony, in which event
191-19 it is a felony of the third degree.
191-20 (c) It is an exception to the application of Subsection
191-21 (a)(1) of this section that the person who influences or attempts
191-22 to influence the public servant is a member of the governing body
191-23 of a governmental entity, and that the action that influences or
191-24 attempts to influence the public servant is an official action
191-25 taken by the member of the governing body. For the purposes of
191-26 this subsection, the term "official action" includes deliberations
191-27 by the governing body of a governmental entity.
192-1 Sec. 36.04. Improper Influence. (a) A person commits an
192-2 offense if he privately addresses a representation, entreaty,
192-3 argument, or other communication to any public servant who
192-4 exercises or will exercise official discretion in an adjudicatory
192-5 proceeding with an intent to influence the outcome of the
192-6 proceeding on the basis of considerations other than those
192-7 authorized by law.
192-8 (b) For purposes of this section, "adjudicatory proceeding"
192-9 means any proceeding before a court or any other agency of
192-10 government in which the legal rights, powers, duties, or privileges
192-11 of specified parties are determined.
192-12 (c) An offense under this section is a Class A misdemeanor.
192-13 Sec. 36.05. Tampering with Witness. (a) A person commits
192-14 an offense if, with intent to influence the witness, he offers,
192-15 confers, or agrees to confer any benefit on a witness or
192-16 prospective witness in an official proceeding or coerces a witness
192-17 or prospective witness in an official proceeding:
192-18 (1) to testify falsely;
192-19 (2) to withhold any testimony, information, document,
192-20 or thing;
192-21 (3) to elude legal process summoning him to testify or
192-22 supply evidence; <or>
192-23 (4) to absent himself from an official proceeding to
192-24 which he has been legally summoned; or
192-25 (5) to abstain from, discontinue, or delay the
192-26 prosecution of another for an offense.
192-27 (b) A witness or prospective witness in an official
193-1 proceeding commits an offense if he knowingly solicits, accepts, or
193-2 agrees to accept any benefit on the representation or understanding
193-3 that he will do any of the things specified in Subsection (a) <of
193-4 this section>.
193-5 (c) It is a defense to prosecution under Subsection (a)(5)
193-6 that the benefit received was:
193-7 (1) reasonable restitution for damages suffered by the
193-8 complaining witness as a result of the offense; and
193-9 (2) the result of an agreement negotiated with the
193-10 assistance or acquiescence of an attorney for the state who
193-11 represented the state in the case.
193-12 (d) An offense under Subsection (a) <this section> is a
193-13 felony of the third degree. An offense under Subsection (b) is a
193-14 felony of the third degree, unless the witness or prospective
193-15 witness acts on the representation that he will abstain from,
193-16 discontinue, or delay the prosecution of another, in which event
193-17 the offense is a Class A misdemeanor.
193-18 Sec. 36.06. OBSTRUCTION OR Retaliation. (a) A person
193-19 commits an offense if he intentionally or knowingly harms or
193-20 threatens to harm another by an unlawful act:
193-21 (1) in retaliation for or on account of the service of
193-22 another as a public servant, witness, prospective witness,
193-23 informant, or a person who has reported or who the actor knows
193-24 intends to report the occurrence of a crime; or
193-25 (2) to prevent or delay the service of another as a
193-26 public servant, witness, prospective witness, informant, or a
193-27 person who has reported or who the actor knows intends to report
194-1 the occurrence of a crime.
194-2 (b) For purposes of this section, "informant" means a person
194-3 who has communicated or intends to communicate information to the
194-4 government in connection with any governmental function.
194-5 (c) An offense under this section is a felony of the third
194-6 degree.
194-7 Sec. 36.07. ACCEPTANCE OF HONORARIUM. (a) A public servant
194-8 commits an offense if the public servant solicits, accepts, or
194-9 agrees to accept an honorarium in consideration for services that
194-10 the public servant would not have been requested to provide but for
194-11 the public servant's official position or duties.
194-12 (b) This section does not prohibit a public servant from
194-13 accepting transportation and lodging expenses permitted under
194-14 Section 305.025(b)(2), Government Code, in connection with a
194-15 conference or similar event or from accepting meals in connection
194-16 with such an event.
194-17 (c) An offense under this section is a Class A misdemeanor.
194-18 Sec. 36.08. Gift to Public Servant <BY PERSON SUBJECT TO HIS
194-19 JURISDICTION>. (a) A public servant <in an agency performing
194-20 regulatory functions or conducting inspections or investigations>
194-21 commits an offense if he solicits, accepts, or agrees to accept any
194-22 benefit from any person <a person the public servant knows to be
194-23 subject to regulation, inspection, or investigation by the public
194-24 servant or his agency>.
194-25 (b) <A public servant in an agency having custody of
194-26 prisoners commits an offense if he solicits, accepts, or agrees to
194-27 accept any benefit from a person the public servant knows to be in
195-1 his custody or the custody of his agency.>
195-2 <(c) A public servant in an agency carrying on civil or
195-3 criminal litigation on behalf of government commits an offense if
195-4 he solicits, accepts, or agrees to accept any benefit from a person
195-5 against whom the public servant knows litigation is pending or
195-6 contemplated by the public servant or his agency.>
195-7 <(d) A public servant who exercises discretion in connection
195-8 with contracts, purchases, payments, claims, or other pecuniary
195-9 transactions of government commits an offense if he solicits,
195-10 accepts, or agrees to accept any benefit from a person the public
195-11 servant knows is interested in or likely to become interested in
195-12 any contract, purchase, payment, claim, or transaction involving
195-13 the exercise of his discretion.>
195-14 <(e) A public servant who has judicial or administrative
195-15 authority, who is employed by or in a tribunal having judicial or
195-16 administrative authority, or who participates in the enforcement of
195-17 the tribunal's decision, commits an offense if he solicits,
195-18 accepts, or agrees to accept any benefit from a person the public
195-19 servant knows is interested in or likely to become interested in
195-20 any matter before the public servant or tribunal.>
195-21 <(f) A member of the legislature, the governor, the
195-22 lieutenant governor, or a person employed by a member of the
195-23 legislature, the governor, the lieutenant governor, or an agency of
195-24 the legislature commits an offense if he solicits, accepts, or
195-25 agrees to accept any benefit from any person.>
195-26 <(g) A public servant who is a hearing examiner employed by
195-27 an agency performing regulatory functions and who conducts hearings
196-1 in contested cases commits an offense if the public servant
196-2 solicits, accepts, or agrees to accept any benefit from any person
196-3 who is appearing before the agency in a contested case, who is
196-4 doing business with the agency, or who the public servant knows is
196-5 interested in any matter before the public servant. The exception
196-6 provided by Section 36.10(b) of this code does not apply to a
196-7 benefit under this subsection.>
196-8 <(h) An offense under this section is a Class A misdemeanor.>
196-9 <Sec. 36.09. OFFERING GIFT TO PUBLIC SERVANT. (a)> A
196-10 person commits an offense if he offers, confers, or agrees to
196-11 confer any benefit on a public servant that he knows the public
196-12 servant is prohibited by law from accepting.
196-13 (c) It is an affirmative defense to prosecution under this
196-14 section that the benefit is <(b) An offense under this section is
196-15 a Class A misdemeanor.>
196-16 <Sec. 36.10. NON-APPLICABLE. (a) Sections 36.08 (Gift to
196-17 Public Servant) and 36.09 (Offering Gift to Public Servant) of this
196-18 code do not apply to>:
196-19 (1) a fee prescribed by law to be received by a public
196-20 servant or any other benefit to which the public servant is
196-21 lawfully entitled or for which he gives legitimate consideration in
196-22 a capacity other than as a public servant;
196-23 (2) a gift or other benefit conferred on account of
196-24 kinship or a personal, professional, or business relationship
196-25 independent of the official status of the recipient; or
196-26 (3) a benefit to a public servant required to file a
196-27 statement under Chapter 421, Acts of the 63rd Legislature, Regular
197-1 Session, 1973 (Article 6252-9b, Vernon's Texas Civil Statutes), or
197-2 a report under Title 15, Election Code, that is derived from a
197-3 function in honor or appreciation of the recipient if:
197-4 (A) the benefit and the source of any benefit in
197-5 excess of $50 is reported in the statement; and
197-6 (B) the benefit is used solely to defray the
197-7 expenses that accrue in the performance of duties or activities in
197-8 connection with the office which are nonreimbursable by the state
197-9 or political subdivision;
197-10 (4) a political contribution as defined by Title 15,
197-11 Election Code; or
197-12 (5) a gift, award, or memento to a member of the
197-13 legislative or executive branch that is required to be reported
197-14 under Chapter 305, Government Code.
197-15 (d) This section <(b) Section 36.08 (Gift to Public
197-16 Servant) of this code> does not apply to food, lodging,
197-17 transportation, or entertainment accepted as a guest and, if the
197-18 donor or donee is required by law to report those items, reported
197-19 by the donor or donee in accordance with that law.
197-20 (e) In this section, "accepted as a guest" refers to food,
197-21 lodging, transportation, or entertainment accepted from a donor who
197-22 is physically present at the time of consumption or use.
197-23 (f) An offense under this section is a Class A
197-24 misdemeanor. <(c) Section 36.09 (Offering Gift to Public Servant)
197-25 of this code does not apply to food, lodging, transportation, or
197-26 entertainment accepted as a guest and, if the donor is required by
197-27 law to report those items, reported by the donor in accordance with
198-1 that law.>
198-2 CHAPTER 37. PERJURY AND OTHER FALSIFICATION
198-3 Sec. 37.01. DEFINITIONS. In this chapter:
198-4 (1) "Governmental record" means:
198-5 (A) anything belonging to, received by, or kept
198-6 by government for information;
198-7 (B) anything required by law to be kept by
198-8 others for information of government; or
198-9 (C) a license, certificate, permit, seal, title,
198-10 or similar document issued by government.
198-11 (2) "Official proceeding" means any type of
198-12 administrative, executive, legislative, or judicial proceeding that
198-13 may be conducted before a public servant authorized by law to take
198-14 statements under oath.
198-15 (3) "Statement" means any representation of fact.
198-16 Sec. 37.02. PERJURY. (a) A person commits an offense if,
198-17 with intent to deceive and with knowledge of the statement's
198-18 meaning:
198-19 (1) he makes a false statement under oath or swears to
198-20 the truth of a false statement previously made<;> and
198-21 <(2)> the statement is required or authorized by law
198-22 to be made under oath; or
198-23 (2) he makes a false unsworn declaration under Chapter
198-24 132, Civil Practice and Remedies Code.
198-25 (b) An offense under this section is a Class A misdemeanor.
198-26 Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an
198-27 offense if he commits perjury as defined in Section 37.02 <of this
199-1 code>, and the false statement:
199-2 (1) is made during or in connection with an official
199-3 proceeding; and
199-4 (2) is material.
199-5 (b) An offense under this section is a felony of the third
199-6 degree.
199-7 Sec. 37.04. MATERIALITY. (a) A statement is material,
199-8 regardless of the admissibility of the statement under the rules of
199-9 evidence, if it could have affected the course or outcome of the
199-10 official proceeding.
199-11 (b) It is no defense to prosecution under Section 37.03 <of
199-12 this code> (Aggravated Perjury) that the declarant mistakenly
199-13 believed the statement to be immaterial.
199-14 (c) Whether a statement is material in a given factual
199-15 situation is a question of law.
199-16 Sec. 37.05. RETRACTION. It is a defense to prosecution
199-17 under Section 37.03 <of this code> (Aggravated Perjury) that the
199-18 actor retracted his false statement:
199-19 (1) before completion of the testimony at the official
199-20 proceeding; and
199-21 (2) before it became manifest that the falsity of the
199-22 statement would be exposed.
199-23 Sec. 37.06. INCONSISTENT STATEMENTS. An information or
199-24 indictment for perjury under Section 37.02 <of this code> or
199-25 aggravated perjury under Section 37.03 <of this code> that alleges
199-26 that the declarant has made statements under oath, both of which
199-27 cannot be true, need not allege which statement is false. At the
200-1 trial the prosecution need not prove which statement is false.
200-2 Sec. 37.07. IRREGULARITIES NO DEFENSE. (a) It is no
200-3 defense to prosecution under Section 37.02 (Perjury) or 37.03
200-4 (Aggravated Perjury) <of this code> that the oath was administered
200-5 or taken in an irregular manner, or that there was some
200-6 irregularity in the appointment or qualification of the person who
200-7 administered the oath.
200-8 (b) It is no defense to prosecution under Section 37.02
200-9 (Perjury) or 37.03 (Aggravated Perjury) <of this code> that a
200-10 document was not sworn to if the document contains a recital that
200-11 it was made under oath, the declarant was aware of the recital when
200-12 he signed the document, and the document contains the signed jurat
200-13 of a public servant authorized to administer oaths.
200-14 Sec. 37.08. FALSE REPORT TO PEACE OFFICER. (a) A person
200-15 commits an offense if, with intent to deceive, he knowingly makes a
200-16 false statement to a peace officer conducting a criminal
200-17 investigation and the statement is material to the investigation
200-18 <he:>
200-19 <(1) reports to a peace officer an offense or incident
200-20 within the officer's concern, knowing that the offense or incident
200-21 did not occur; or>
200-22 <(2) makes a report to a peace officer relating to an
200-23 offense or incident within the officer's concern knowing that he
200-24 has no information relating to the offense or incident>.
200-25 (b) An offense under this section is a Class B misdemeanor.
200-26 Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.
200-27 (a) A person commits an offense if, knowing that an investigation
201-1 or official proceeding is pending or in progress, he:
201-2 (1) alters, destroys, or conceals any record,
201-3 document, or thing with intent to impair its verity, legibility, or
201-4 availability as evidence in the investigation or official
201-5 proceeding; or
201-6 (2) makes, presents, or uses any record, document, or
201-7 thing with knowledge of its falsity and with intent to affect the
201-8 course or outcome of the investigation or official proceeding.
201-9 (b) This section shall not apply if the record, document, or
201-10 thing concealed is privileged or is the work product of the parties
201-11 to the investigation or official proceeding.
201-12 (c) An offense under this section is a felony of the third
201-13 degree.
201-14 Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A
201-15 person commits an offense if he:
201-16 (1) knowingly makes a false entry in, or false
201-17 alteration of, a governmental record;
201-18 (2) makes, presents, or uses any record, document, or
201-19 thing with knowledge of its falsity and with intent that it be
201-20 taken as a genuine governmental record;
201-21 (3) intentionally destroys, conceals, removes, or
201-22 otherwise impairs the verity, legibility, or availability of a
201-23 governmental record; <or>
201-24 (4) possesses, sells, or offers to sell a governmental
201-25 record or a blank governmental record form with intent that it be
201-26 used unlawfully; <or>
201-27 (5) <(4)> makes, presents, or uses a governmental
202-1 record with knowledge of its falsity;
202-2 (6) presents or submits a record, document, or thing
202-3 to the government with knowledge of its falsity; or<.>
202-4 (7) <(5)> possesses, sells, or offers to sell a
202-5 governmental record or a blank governmental record form with
202-6 knowledge that it was obtained unlawfully.
202-7 (b) It is an exception to the application of Subsection
202-8 (a)(3) of this section that the governmental record is destroyed
202-9 pursuant to legal authorization. With regard to the destruction of
202-10 a local government record, legal authorization includes compliance
202-11 with the provisions of Subtitle C, Title 6, Local Government Code.
202-12 (c) Except as provided in Subsection (d) <of this section>,
202-13 an offense under this section is a Class A misdemeanor unless the
202-14 actor's intent is to defraud or harm another, in which event the
202-15 offense is a felony of the fourth <third> degree.
202-16 (d) An offense under this section is a felony of the third
202-17 degree if it is shown on the trial of the offense that the
202-18 governmental record was a license, certificate, permit, seal,
202-19 title, or similar document issued by government, unless the actor's
202-20 intent is to defraud or harm another, in which event the offense is
202-21 a felony of the second degree.
202-22 (e) It is an affirmative defense to prosecution for
202-23 possession under Subsection (a)(7) <(a)(5) of this section> that
202-24 the possession occurred in the actual discharge of official duties
202-25 as a public servant.
202-26 (f) It is a defense to prosecution under Subsection (a)(1),
202-27 (a)(2), (a)(5), or (a)(6) that the false entry or false information
203-1 could have no effect on the government's purpose for requiring the
203-2 governmental record.
203-3 (g) A person is presumed to intend to defraud or harm
203-4 another if the person acts with respect to two or more of the same
203-5 type of governmental records or blank governmental record forms and
203-6 if each governmental record or blank governmental record form is a
203-7 license, certificate, permit, seal, title, or similar document
203-8 issued by government.
203-9 Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person
203-10 commits an offense if he impersonates a public servant with intent
203-11 to induce another to submit to his pretended official authority or
203-12 to rely on his pretended official acts.
203-13 (b) An offense under this section is a Class A misdemeanor
203-14 unless the person impersonated a peace officer, in which event it
203-15 is a felony of the third degree.
203-16 Sec. 37.12. False Identification As Peace Officer;
203-17 Misrepresentation Of Property. (a) A person commits an offense
203-18 if:
203-19 (1) the person makes, provides to another person, or
203-20 possesses a card, document, badge, insignia, shoulder emblem, or
203-21 other item bearing an insignia of a law enforcement agency that
203-22 identifies a person as a peace officer or a reserve law enforcement
203-23 officer; and
203-24 (2) the person who makes, provides, or possesses the
203-25 item bearing the insignia knows that the person so identified by
203-26 the item is not commissioned as a <certified or licensed by the
203-27 Commission on Law Enforcement Officer Standards and Education in
204-1 the capacity of> peace officer or reserve law enforcement officer
204-2 as indicated on the item.
204-3 (b) It is a defense to prosecution under this section that:
204-4 (1) the card, document, badge, insignia, shoulder
204-5 emblem, or other item bearing an insignia of a law enforcement
204-6 agency clearly identifies the person as an honorary or junior peace
204-7 officer or reserve law enforcement officer, or as a member of a
204-8 junior posse;
204-9 (2) the person identified as a peace officer or
204-10 reserve law enforcement officer by the item bearing the insignia
204-11 was commissioned <certified or licensed> in that capacity when the
204-12 item was made; or
204-13 (3) the item was used or intended for use exclusively
204-14 for decorative purposes or in an artistic or dramatic presentation.
204-15 (c) In this section, "reserve law enforcement officer" has
204-16 the same meaning as is given that term in Section 6, Chapter 546,
204-17 Acts of the 59th Legislature, Regular Session, 1965 (Article
204-18 4413(29aa), Vernon's Texas Civil Statutes).
204-19 (d) A person commits an offense if the person intentionally
204-20 or knowingly misrepresents an object as property belonging to a law
204-21 enforcement agency.
204-22 (e) An offense under this section is a Class B misdemeanor.
204-23 CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
204-24 Sec. 38.01. Definitions. In this chapter:
204-25 (1) <"Complaining witness" means the victim of a crime
204-26 or a person who signs a criminal complaint.>
204-27 <(2)> "Custody" means <detained or> under arrest by a
205-1 peace officer or under restraint by a public servant pursuant to an
205-2 order of a court.
205-3 (2) <(3)> "Escape" means unauthorized departure from
205-4 custody or failure to return to custody following temporary leave
205-5 for a specific purpose or limited period or following leave that is
205-6 part of an intermittent sentence, but does not include a violation
205-7 of conditions of community supervision <probation> or parole.
205-8 (3) <(4)> "Fugitive from justice" means a person for
205-9 whom a valid arrest warrant has been issued. <"Economic benefit"
205-10 means anything reasonably regarded as an economic gain or
205-11 advantage.>
205-12 (4) <(5)> "Funeral establishment" means an
205-13 establishment licensed under Section 4, Chapter 251, Acts of the
205-14 53rd Legislature, Regular Session, 1953 (Article 4582b, Vernon's
205-15 Texas Civil Statutes).
205-16 (5) <(6)> "Governmental function" includes any
205-17 activity that a public servant is lawfully authorized to undertake
205-18 on behalf of government.
205-19 (6) <(7)> "Hospital" means a general hospital or
205-20 special hospital as defined by Chapter 241, Health and Safety Code.
205-21 (7) <(8)> "Member of the family" means anyone related
205-22 within the third degree of consanguinity or affinity, as determined
205-23 under Article 5996h, Revised Statutes.
205-24 (8) <(9)> "Official proceeding" means:
205-25 (A) a proceeding before a magistrate, court, or
205-26 grand jury of this state;
205-27 (B) a proceeding before the legislature or an
206-1 inquiry authorized by either house or any joint committee
206-2 established by a joint or concurrent resolution of the two houses
206-3 of the legislature or any committee or subcommittee of either house
206-4 of the legislature;
206-5 (C) a proceeding in which pursuant to lawful
206-6 authority a court orders attendance or the production of evidence;
206-7 or
206-8 (D) a proceeding that otherwise is made
206-9 expressly subject to this chapter.
206-10 (9) <(10)> "Qualified nonprofit organization" means a
206-11 nonprofit organization that meets the following conditions:
206-12 (A) the primary purposes of the organization do
206-13 not include the rendition of legal services or education regarding
206-14 legal services;
206-15 (B) the recommending, furnishing, paying for, or
206-16 educating persons regarding legal services is incidental and
206-17 reasonably related to the primary purposes of the organization;
206-18 (C) the organization does not derive a financial
206-19 benefit from the rendition of legal services by a lawyer; and
206-20 (D) the person for whom the legal services are
206-21 rendered, and not the organization, is recognized as the client of
206-22 a lawyer.
206-23 (10) <(11)> "Solicit" means to communicate in person
206-24 or by telephone with a claimant or defendant or with a member of
206-25 the claimant's or defendant's family when neither the person
206-26 receiving the communication nor anyone acting on that person's
206-27 behalf has requested the communication. The term does not include
207-1 communicating by a family member of the person receiving a
207-2 communication, communicating by an attorney who has a prior
207-3 attorney-client relationship with the person receiving the
207-4 communication, or communicating with a qualified nonprofit
207-5 organization for the purpose of educating laymen to recognize legal
207-6 problems, to make intelligent selection of legal counsel, or to use
207-7 available legal services.
207-8 Sec. 38.02. Failure to Identify. (a) A person commits an
207-9 offense if he intentionally refuses to <report or> give his name,
207-10 residence address, or date of birth to a peace officer who has
207-11 lawfully arrested the person and requested the information.
207-12 (b) A person commits an offense if he intentionally <reports
207-13 or> gives a false or fictitious name, residence address, or date of
207-14 birth to a peace officer who has:
207-15 (1) lawfully arrested the person;
207-16 (2) lawfully detained the person; or
207-17 (3) requested the information from a person that the
207-18 peace officer has good cause to believe is a witness to a criminal
207-19 offense.
207-20 (c) <In this section, "fugitive from justice" means a person
207-21 for whom a valid arrest warrant has been issued by a magistrate of
207-22 this state, if the warrant has not been executed.>
207-23 <(d)> Except as provided by Subsection (d) <(e) of this
207-24 section>, an offense under this section is a Class C misdemeanor.
207-25 (d) <(e)> If it is shown on the trial of an offense under
207-26 this section that the defendant was a fugitive from justice at the
207-27 time of the offense <or that the defendant has been previously
208-1 convicted of an offense under this section>, the offense is a Class
208-2 B misdemeanor.
208-3 Sec. 38.03. Resisting Arrest, Search, or Transportation.
208-4 (a) A person commits an offense if he intentionally prevents or
208-5 obstructs a person he knows is a peace officer or a person acting
208-6 in a peace officer's presence and at his direction from effecting
208-7 an arrest, search, or transportation of the actor or another by
208-8 using force against the peace officer or another.
208-9 (b) It is no defense to prosecution under this section that
208-10 the arrest or search was unlawful.
208-11 (c) Except as provided in Subsection (d) <of this section>,
208-12 an offense under this section is a Class A misdemeanor.
208-13 (d) An offense under this section is a felony of the third
208-14 degree if the actor uses a deadly weapon to resist the arrest or
208-15 search.
208-16 Sec. 38.04. Evading Arrest or Detention. (a) A person
208-17 commits an offense if he intentionally flees from a person he knows
208-18 is a peace officer attempting to arrest him or lawfully detain him
208-19 <for the purpose of questioning or investigating possible criminal
208-20 activity>.
208-21 (b) It is an exception to the application of this section
208-22 that the attempted arrest or detention is unlawful <or the
208-23 detention is without reasonable suspicion to investigate>.
208-24 (c) <It is presumed that the actor recklessly engaged in
208-25 conduct placing another in imminent danger of serious bodily injury
208-26 under Subsection (d) of this section if the actor operated a motor
208-27 vehicle while intoxicated during the commission of the offense. In
209-1 this subsection, "intoxicated" has the meaning assigned that term
209-2 by Article 6701l-1, Revised Statutes.>
209-3 <(d)> An offense under this section is a Class B
209-4 misdemeanor, except that the offense is<:>
209-5 <(1) a Class A misdemeanor if the actor, during the
209-6 commission of the offense, recklessly engaged in conduct that
209-7 placed another in imminent danger of serious bodily injury; or>
209-8 <(2)> a felony of the third degree if a peace officer
209-9 suffers serious bodily injury or death from any cause other than an
209-10 assault or homicide by the actor as a direct result of an attempt
209-11 by the officer to apprehend the actor while the actor is in flight.
209-12 Sec. 38.05. Hindering Apprehension or Prosecution. (a) A
209-13 person commits an offense if, with intent to hinder the arrest,
209-14 prosecution, conviction, or punishment of another for an offense,
209-15 he:
209-16 (1) harbors or conceals the other;
209-17 (2) provides or aids in providing the other with any
209-18 means of avoiding arrest or effecting escape; or
209-19 (3) warns the other of impending discovery or
209-20 apprehension.
209-21 (b) It is a defense to prosecution under Subsection (a)(3)
209-22 <of this section> that the warning was given in connection with an
209-23 effort to bring another into compliance with the law.
209-24 (c) An offense under this section is a Class A misdemeanor,
209-25 except that the offense is a felony of the third degree if the
209-26 person who is harbored, concealed, provided with a means of
209-27 avoiding arrest or effecting escape, or warned of discovery or
210-1 apprehension is under arrest for, charged with, or convicted of a
210-2 felony and the person charged under this section knew that the
210-3 person they harbored, concealed, provided with a means of avoiding
210-4 arrest or effecting escape, or warned of discovery or apprehension
210-5 is under arrest for, charged with, or convicted of a felony.
210-6 Sec. 38.06. <COMPOUNDING. (a) A complaining witness
210-7 commits an offense if, after criminal proceedings have been
210-8 instituted, he solicits, accepts, or agrees to accept any benefit
210-9 in consideration of abstaining from, discontinuing, or delaying the
210-10 prosecution of another for an offense.>
210-11 <(b) It is a defense to prosecution under this section that
210-12 the benefit received was:>
210-13 <(1) reasonable restitution for damages suffered by
210-14 the complaining witness as a result of the offense; and>
210-15 <(2) the result of an agreement negotiated with the
210-16 assistance or acquiescence of an attorney for the state who
210-17 represented the state in the case.>
210-18 <(c) An offense under this section is a Class A misdemeanor.>
210-19 <Sec. 38.07.> Escape. (a) A person commits an offense if
210-20 he escapes from custody when he is:
210-21 (1) under arrest for, charged with, or convicted of an
210-22 offense; or
210-23 (2) in custody pursuant to a lawful order of a court.
210-24 (b) Except as provided in Subsections (c), <and> (d), and
210-25 (e) <of this section>, an offense under this section is a Class A
210-26 misdemeanor.
210-27 (c) An offense under this section is a felony of the fourth
211-1 <third> degree if the actor:
211-2 (1) is under arrest for, charged with, or convicted of
211-3 a felony; and <or>
211-4 (2) is not confined before effecting the escape <in a
211-5 penal institution>.
211-6 (d) An offense under this section is a felony of the third
211-7 <second> degree if the actor <used or threatened to use a deadly
211-8 weapon> to effect his escape:
211-9 (1) causes bodily injury; or
211-10 (2) damages or destroys tangible property.
211-11 (e) An offense under this section is a felony of the second
211-12 degree if to effect his escape the actor:
211-13 (1) causes serious bodily injury; or
211-14 (2) uses or threatens to use a deadly weapon.
211-15 (f) In this section, "confined" means to be within the
211-16 secured perimeter of a secure correctional facility.
211-17 Sec. 38.07 <38.08>. Permitting or Facilitating Escape. (a)
211-18 An official or employee of a correctional facility <an institution
211-19 that is responsible for maintaining persons in custody> commits an
211-20 offense if he <intentionally,> knowingly<, or recklessly> permits
211-21 or facilitates the escape of a person in custody.
211-22 (b) A person commits an offense if he <intentionally or>
211-23 knowingly causes or facilitates the escape of one who is in custody
211-24 pursuant to:
211-25 (1) an allegation or adjudication of delinquency; or
211-26 (2) <a statutory procedure authorizing> involuntary
211-27 commitment for mental illness under Subtitle C, Title 7, Health and
212-1 Safety Code, or for chemical dependency under Chapter 462, Health
212-2 and Safety Code<, alcoholism, or drug addiction>.
212-3 (c) Except as provided in Subsections <Subsection> (d) and
212-4 (e) <of this section>, an offense under this section is a Class A
212-5 misdemeanor.
212-6 (d) An offense under this section is a felony of the fourth
212-7 <third> degree if<:>
212-8 <(1)> the person in custody:
212-9 (1) was under arrest for, charged with, or convicted
212-10 of a felony; or
212-11 (2) <the person in custody> was confined in a
212-12 correctional facility other than a secure correctional facility
212-13 after conviction of a felony.
212-14 (e) An offense under this section is a felony of the second
212-15 degree if:
212-16 (1) <penal institution;>
212-17 <(3)> the actor or the person in custody used or
212-18 threatened to use a deadly weapon to effect the escape; or
212-19 (2) <(4)> the person in custody was confined in a
212-20 secure correctional facility after conviction of a felony <offense
212-21 under Subsection (a) of this section was committed intentionally>.
212-22 Sec. 38.08 <38.09>. Effect of Unlawful Custody. It is no
212-23 defense to prosecution under Section 38.06 <38.07 (Escape)> or
212-24 38.07 <38.08 (Facilitating Escape) of this code> that the custody
212-25 was unlawful.
212-26 Sec. 38.09 <38.10>. Implements for Escape. (a) A person
212-27 commits an offense if, with intent to facilitate escape, he
213-1 introduces into a correctional facility <penal institution>, or
213-2 provides a person in custody or an inmate with, a deadly weapon or
213-3 anything that may be useful for escape.
213-4 (b) An offense under this section is a felony of the fourth
213-5 <third> degree unless the actor introduced or provided a deadly
213-6 weapon, in which event the offense is a felony of the second
213-7 degree.
213-8 Sec. 38.10 <38.11>. Bail Jumping and Failure to Appear. (a)
213-9 A person lawfully released from custody, with or without bail, on
213-10 condition that he subsequently appear commits an offense if he
213-11 intentionally or knowingly fails to appear in accordance with the
213-12 terms of his release.
213-13 (b) It is a defense to prosecution under this section that
213-14 the appearance was <This section does not apply to appearances>
213-15 incident to community supervision, <probation or> parole, or an
213-16 intermittent sentence.
213-17 (c) It is a defense to prosecution under this section that
213-18 the actor had a reasonable excuse for his failure to appear in
213-19 accordance with the terms of his release.
213-20 (d) Except as provided in Subsections (e) and (f) <of this
213-21 section>, an offense under this section is a Class A misdemeanor.
213-22 (e) An offense under this section is a Class C misdemeanor
213-23 if the offense for which the actor's appearance was required is
213-24 punishable by fine only.
213-25 (f) An offense under this section is a felony of the fourth
213-26 <third> degree if the offense for which the actor's appearance was
213-27 required is classified as a felony.
214-1 Sec. 38.11 <38.111. FAILURE TO RETURN TO CUSTODY FOLLOWING
214-2 WORK RELEASE. (a) A person serving a sentence under Section 5 or
214-3 6, Article 42.03, Code of Criminal Procedure, commits an offense
214-4 if, having been released from custody as provided by either of
214-5 those sections, he fails to return to custody as required under the
214-6 terms of his sentence.>
214-7 <(b) An offense under this section is a Class A misdemeanor.>
214-8 <Sec. 38.112>. PROHIBITED SUBSTANCES IN CORRECTIONAL
214-9 FACILITIES. (a) A person commits an offense if the person
214-10 provides an alcoholic beverage, controlled substance, or dangerous
214-11 drug to an inmate or a defendant confined in <of> a correctional
214-12 facility <municipal or county jail, except on the prescription of a
214-13 physician>.
214-14 (b) A person commits an offense if the person, for purposes
214-15 other than delivery to a correctional facility warehouse, pharmacy,
214-16 or physician, takes an alcoholic beverage, <a> controlled
214-17 substance, or dangerous drug into:
214-18 (1) a <municipal or county jail or a> correctional
214-19 facility; or
214-20 (2) a <authorized by Subchapter F, Chapter 351, Local
214-21 Government Code except for delivery to a jail or> correctional
214-22 facility warehouse or<,> pharmacy<,> or that part of <physician.>
214-23 <(c) A person commits an offense if the person provides an
214-24 alcoholic beverage, controlled substance, or dangerous drug to an
214-25 inmate of the institutional division, except on the prescription of
214-26 a physician.>
214-27 <(d) A person commits an offense if the person takes a
215-1 controlled substance or dangerous drug into> a correctional
215-2 facility <authorized by Chapter 495, Government Code, or into the
215-3 confines of property owned by the institutional division and> used
215-4 or occupied by inmates or defendants<, except for delivery to an
215-5 institutional division or correctional facility warehouse,
215-6 pharmacy, or physician>.
215-7 (c) <(e)> A person commits an offense if the person
215-8 possesses an alcoholic beverage, <a> controlled substance, or
215-9 dangerous drug while in the confines of correctional facility
215-10 property <belonging to the institutional division>.
215-11 (d) <(f)> It is an affirmative defense to prosecution under
215-12 Subsection (c) <(e) of this section> that the person possessed the
215-13 alcoholic beverage, controlled substance, or dangerous drug
215-14 pursuant to a prescription issued by a practitioner or while
215-15 delivering the beverage, substance, or drug to a correctional
215-16 facility <an institutional division> warehouse, pharmacy, or
215-17 physician.
215-18 (e) A person who is subject to prosecution under this
215-19 section and either Chapter 481 or 483, Health and Safety Code, may
215-20 be prosecuted under this section or the appropriate chapter of the
215-21 Health and Safety Code.
215-22 (f) <(g)> In this section:
215-23 (1) <"Alcoholic beverage" has the meaning assigned by
215-24 Section 1.04(1), Alcoholic Beverage Code.>
215-25 <(2) "Controlled substance" has the meaning assigned
215-26 by Section 481.002, Health and Safety Code.>
215-27 <(3) "Dangerous drug" has the meaning assigned by
216-1 Section 483.001, Health and Safety Code.>
216-2 <(4) "Institutional division" means the institutional
216-3 division of the Texas Department of Criminal Justice.>
216-4 <(5)> "Practitioner" has the meaning assigned by
216-5 Section 481.002, Health and Safety Code.
216-6 (2) <(6)> "Prescription" has the meaning assigned by
216-7 Section 481.002, Health and Safety Code.
216-8 (g) <(h)> An offense under this section is a felony of the
216-9 third degree.
216-10 Sec. 38.12. Barratry. (a) A person commits an offense if,
216-11 with intent to obtain a <an economic> benefit or to harm another
216-12 <for himself>, he:
216-13 (1) institutes any suit or claim in which he knows he
216-14 has no interest;
216-15 (2) institutes any suit or claim that he knows is
216-16 false;
216-17 (3) solicits employment for himself or another to
216-18 prosecute or defend a suit or to collect a claim; or
216-19 (4) procures another to solicit for him or another
216-20 employment to prosecute or defend a suit or to collect a claim.
216-21 (b) <Intent to obtain an economic benefit is presumed if the
216-22 person accepts employment for a fee, accepts a fee, or accepts or
216-23 agrees to accept money or any economic benefit.>
216-24 <(c)> Except as provided by Subsection (c) <(d) of this
216-25 section>, an offense under Subsection (a) <of this section> is a
216-26 Class A misdemeanor.
216-27 (c) <(d)> An offense under Subsection (a)(3) or (a)(4) <of
217-1 this section> is a felony of the fourth <third> degree if it is
217-2 shown on the trial of the offense that<:>
217-3 <(1) the defendant has previously been convicted under
217-4 Subsection (a)(3) or (a)(4) of this section; and>
217-5 <(2)> the solicitation is performed in whole or in
217-6 part:
217-7 (1) <(A)> in a hospital, funeral establishment, or
217-8 public or private cemetery or at the scene of an accident;
217-9 (2) <(B)> by using a person who is an employee of:
217-10 (A) <(i)> this state;
217-11 (B) <(ii)> a political subdivision of this
217-12 state, including a county, municipality, or special purpose
217-13 district or authority; or
217-14 (C) <(iii)> a hospital or funeral establishment;
217-15 or
217-16 (3) <(C)> by impersonating a clergyman, public
217-17 employee, or emergency assistance worker or volunteer.
217-18 <(e) Final conviction of felony barratry is a serious crime
217-19 for all purposes and acts, specifically including the State Bar
217-20 Rules.>
217-21 Sec. 38.13. Hindering Proceedings by Disorderly Conduct.
217-22 (a) A person commits an offense if he intentionally hinders an
217-23 official proceeding by noise or violent or tumultuous behavior or
217-24 disturbance.
217-25 (b) A person commits an offense if he recklessly hinders an
217-26 official proceeding by noise or violent or tumultuous behavior or
217-27 disturbance and continues after explicit official request to
218-1 desist.
218-2 (c) An offense under this section is a Class A misdemeanor.
218-3 Sec. 38.14. <PREVENTING EXECUTION OF CIVIL PROCESS. (a) A
218-4 person commits an offense if he intentionally or knowingly prevents
218-5 the execution of any process in a civil cause.>
218-6 <(b) It is an exception to the application of this section
218-7 that the actor evaded service of process by avoiding detection.>
218-8 <(c) An offense under this section is a Class C misdemeanor.>
218-9 <Sec. 38.15. ><Tampering with Devices Designed to Prevent
218-10 Driving While Intoxicated><. (a) In this section, "device" means a
218-11 device approved by the Department of Public Safety under Section
218-12 23A(f), Chapter 173, Acts of the 47th Legislature, Regular Session,
218-13 1941 (Article 6687b, Vernon's Texas Civil Statutes), that makes
218-14 impractical the operation of a motor vehicle if ethyl alcohol is
218-15 detected in the breath of the operator.>
218-16 <(b) A person commits an offense if the person intentionally
218-17 or knowingly, for the purpose of allowing a person who is subject
218-18 to a condition of probation under Section 6f(b), Article 42.12,
218-19 Code of Criminal Procedure, or who is subject to driver's license
218-20 restrictions under Section 23A(f) or 25(a), Chapter 173, Acts of
218-21 the 47th Legislature, Regular Session, 1941 (Article 6687b,
218-22 Vernon's Texas Civil Statutes), to operate a motor vehicle whether
218-23 or not the person is intoxicated:>
218-24 <(1) tampers with a device; or>
218-25 <(2) introduces or allows to be introduced into the
218-26 device any substance other than the deep-lung air of the
218-27 probationer or restricted operator.>
219-1 <(c) An offense under this section is a Class B misdemeanor.>
219-2 <Sec. 38.16. ><Injury to or Interference With Animal Under
219-3 Supervision of Peace Officer or Department of Corrections Employee><.
219-4 (a) A person commits an offense if, knowing that a dog, horse, or
219-5 other animal is under the supervision of a peace officer,
219-6 corrections officer, or jailer and is being used for law
219-7 enforcement, corrections, prison or jail security, or investigative
219-8 purposes, the person knowingly, intentionally, or recklessly:>
219-9 <(1) interferes with the animal; or>
219-10 <(2) injures the animal.>
219-11 <(b) An offense under this section is a Class A misdemeanor.>
219-12 <Sec. 38.17.> TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
219-13 OFFICER. (a) In this section, "firearm" has the meanings assigned
219-14 by Section 46.01 <of this code>.
219-15 (b) A person commits an offense if the person intentionally
219-16 or knowingly and with force takes or attempts to take from a peace
219-17 officer the officer's firearm with the intention of harming the
219-18 officer or a third person.
219-19 (c) The actor is presumed to have known that the peace
219-20 officer was a peace officer if the officer was wearing a
219-21 distinctive uniform or badge indicating his employment, or if the
219-22 officer identified himself as a peace officer.
219-23 (d) It is a defense to prosecution under this section that
219-24 the defendant took or attempted to take the weapon from a peace
219-25 officer who was using force against the defendant or another in
219-26 excess of the amount of force permitted by law.
219-27 (e) An offense under this section is a felony of the fourth
220-1 <third> degree.
220-2 Sec. 38.15 <38.18>. Interference With Public Duties <of
220-3 Public Servants>. (a) A person commits an offense if the person
220-4 <intentionally, knowingly, recklessly, or> with criminal negligence
220-5 interrupts, disrupts, impedes, or otherwise interferes with:
220-6 (1) a peace officer while the peace officer is
220-7 performing a duty or exercising authority imposed or granted by
220-8 law;
220-9 (2) a person who is employed to provide emergency
220-10 medical services including the transportation of ill or injured
220-11 persons while the person is performing that duty; <or>
220-12 (3) a fire fighter, while the fire fighter is fighting
220-13 a fire or investigating the cause of a fire;
220-14 (4) an animal under the supervision of a peace
220-15 officer, corrections officer, or jailer, if the person knows the
220-16 animal is being used for law enforcement, corrections, prison or
220-17 jail security, or investigative purposes; or
220-18 (5) the transmission of a communication over a
220-19 citizen's band radio channel, the purpose of which communication is
220-20 to inform or inquire about an emergency.
220-21 (b) An offense under this section is a Class B misdemeanor.
220-22 (c) It is a defense to prosecution under Subsection (a)(1)
220-23 <of this section> that the conduct engaged in by the defendant was
220-24 intended to warn a person operating a motor vehicle of the presence
220-25 of a peace officer who was enforcing the provisions of the Uniform
220-26 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
220-27 Civil Statutes).
221-1 (d) It is a defense to prosecution under this section that
221-2 the interruption, disruption, impediment, or interference alleged
221-3 consisted of speech only.
221-4 (e) In this section, "emergency" means a condition or
221-5 circumstance in which an individual is or is reasonably believed by
221-6 the person transmitting the communication to be in imminent danger
221-7 of serious bodily injury or in which property is or is reasonably
221-8 believed by the person transmitting the communication to be in
221-9 imminent danger of damage or destruction.
221-10 CHAPTER 39. ABUSE OF OFFICE
221-11 Sec. 39.01. DEFINITIONS. In this chapter:
221-12 (1) "Law relating to a public servant's office or
221-13 employment" means a law that specifically applies to a person
221-14 acting in the capacity of a public servant and that directly or
221-15 indirectly:
221-16 (A) imposes a duty on the public servant; or
221-17 (B) governs the conduct of the public servant.
221-18 (2) "Misuse" means to deal with property contrary to:
221-19 (A) an agreement under which the public servant
221-20 holds the property;
221-21 (B) a contract of employment or oath of office
221-22 of a public servant;
221-23 (C) a law, including provisions of the General
221-24 Appropriations Act specifically relating to government property,
221-25 that prescribes the manner of custody or disposition of the
221-26 property; or
221-27 (D) a limited purpose for which the property is
222-1 delivered or received.
222-2 Sec. 39.02. ABUSE OF OFFICIAL CAPACITY <MISCONDUCT>. (a) A
222-3 public servant commits an offense if, with intent to obtain a
222-4 benefit or with intent to harm or defraud another, he intentionally
222-5 or knowingly:
222-6 (1) violates a law relating to the public servant's
222-7 <his> office or employment; or
222-8 (2) misuses government property, services, personnel,
222-9 or <misapplies> any other thing of value belonging to the
222-10 government that has come into the public servant's <his> custody or
222-11 possession by virtue of the public servant's <his> office or
222-12 employment.
222-13 (b) An offense under Subsection (a)(1) <of this section> is
222-14 a Class A misdemeanor.
222-15 (c) An offense under Subsection (a)(2) <of this section> is:
222-16 (1) <a Class C misdemeanor if the value of the use of
222-17 the thing misapplied is less than $20;>
222-18 <(2)> a Class B misdemeanor if the value of the use of
222-19 the thing misused <misapplied> is <$20 or more but> less than $500
222-20 <$200>;
222-21 (2) <(3)> a Class A misdemeanor if the value of the
222-22 use of the thing misused <misapplied> is $500 <$200> or more but
222-23 less than $1,500 <$750>;
222-24 (3) <(4)> a felony of the fourth <third> degree if the
222-25 value of the use of the thing misused <misapplied> is $1,500 <$750>
222-26 or more but less than $20,000;
222-27 (4) a felony of the third degree if the value of the
223-1 use of the thing misused is $20,000 or more but less than $100,000;
223-2 and
223-3 (5) a felony of the second degree if the value of the
223-4 use of the thing misused <misapplied> is $100,000 <$20,000> or
223-5 more.
223-6 Sec. 39.03 <39.02>. Official Oppression. (a) A public
223-7 servant acting under color of his office or employment commits an
223-8 offense if he:
223-9 (1) intentionally subjects another to mistreatment or
223-10 to arrest, detention, search, seizure, dispossession, assessment,
223-11 or lien that he knows is unlawful;
223-12 (2) intentionally denies or impedes another in the
223-13 exercise or enjoyment of any right, privilege, power, or immunity,
223-14 knowing his conduct is unlawful; or
223-15 (3) intentionally subjects another to sexual
223-16 harassment.
223-17 (b) For purposes of this section, a public servant acts
223-18 under color of his office or employment if he acts or purports to
223-19 act in an official capacity or takes advantage of such actual or
223-20 purported capacity.
223-21 (c) In this section, "sexual harassment" means unwelcome
223-22 sexual advances, requests for sexual favors, or other verbal or
223-23 physical conduct of a sexual nature, submission to which is made a
223-24 term or condition of a person's exercise or enjoyment of any right,
223-25 privilege, power, or immunity, either explicitly or implicitly.
223-26 (d) An offense under this section is a Class A misdemeanor.
223-27 Sec. 39.04 <39.021>. VIOLATIONS OF THE CIVIL RIGHTS OF
224-1 PERSON IN CUSTODY <A PRISONER>. (a) An official or employee of <A
224-2 jailer or guard employed at a municipal or county jail, by the
224-3 Texas Department of Corrections, or by> a correctional facility
224-4 <authorized by Article 5115d, Revised Statutes, or Article 6166g-2,
224-5 Revised Statutes,> or a peace officer commits an offense if he<:>
224-6 <(1)> intentionally <subjects a person in custody to
224-7 bodily injury knowing his conduct is unlawful;>
224-8 <(2) willfully> denies or impedes a person in custody
224-9 in the exercise or enjoyment of any right, privilege, or immunity
224-10 knowing his conduct is unlawful.
224-11 (b) An offense under this section is a Class A misdemeanor
224-12 <felony of the third degree. An offense under this section is a
224-13 felony of the second degree if serious bodily injury occurs or a
224-14 felony of the first degree if death occurs>.
224-15 (c) This section shall not preclude prosecution for any
224-16 other offense set out in this code.
224-17 (d) The Attorney General of Texas shall have concurrent
224-18 jurisdiction with law enforcement agencies to investigate
224-19 violations of this statute involving serious bodily injury or
224-20 death.
224-21 (e) In this section, "custody" means the detention, arrest,
224-22 or confinement of a person.
224-23 Sec. 39.05 <39.022>. Failure to Report Death of Prisoner.
224-24 (a) A person commits an offense if the person is required to
224-25 conduct an investigation and file a report by Article 49.18
224-26 <49.08(b)>, Code of Criminal Procedure, <1965,> and the person
224-27 fails to investigate the death, fails to file the report as
225-1 required, or fails to include in a filed report facts known or
225-2 discovered in the investigation.
225-3 (b) An offense under this section is a Class B misdemeanor.
225-4 Sec. 39.06 <39.03>. Misuse of Official Information. (a) A
225-5 public servant commits an offense if, in reliance on information to
225-6 which he has access by virtue of his office or employment <in his
225-7 official capacity> and that <which> has not been made public, he:
225-8 (1) acquires or aids another to acquire a pecuniary
225-9 interest in any property, transaction, or enterprise that may be
225-10 affected by the information; or
225-11 (2) speculates or aids another to speculate on the
225-12 basis of the information.
225-13 (b) A public servant <who is a judge, justice, intern,
225-14 participant in a court-approved history project, or employee of an
225-15 appellate court> commits an offense if with intent to obtain a
225-16 benefit or with intent to harm or defraud another, he discloses or
225-17 uses information for a non-governmental purpose that:
225-18 (1) he has access to by means of his office or
225-19 employment; and
225-20 (2) has not been made public <he intentionally or
225-21 knowingly reveals the result or content of a proposed or actual
225-22 appellate judicial decision or opinion to any person other than a
225-23 judge, justice, or employee, intern, or participant in a
225-24 court-approved history project under suitable supervision of the
225-25 same appellate court prior to its release as a public record or
225-26 announcement to all parties of interest on an equal basis>.
225-27 (c) A person commits an offense if, with intent to obtain a
226-1 benefit or with intent to harm or defraud another, he
226-2 <intentionally or knowingly> solicits or receives from a public
226-3 servant information that:
226-4 (1) the public servant has access to by means of his
226-5 office or employment; and
226-6 (2) has not been made public <the result or content of
226-7 a proposed or actual appellate judicial decision or opinion prior
226-8 to the rendition of judgment, when the person knows that the
226-9 content or result of such order or opinion has not been disclosed
226-10 to the opposing party or parties>.
226-11 (d) In this section, "information that has not been made
226-12 public" means any information to which the public does not
226-13 generally have access, and that is prohibited from disclosure under
226-14 Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
226-15 (Article 6252-17a, Vernon's Texas Civil Statutes).
226-16 (e) An offense under this section is a felony of the third
226-17 degree.
226-18 TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
226-19 CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
226-20 Sec. 42.01. Disorderly Conduct. (a) A person commits an
226-21 offense if he intentionally or knowingly:
226-22 (1) uses abusive, indecent, profane, or vulgar
226-23 language in a public place, and the language by its very utterance
226-24 tends to incite an immediate breach of the peace;
226-25 (2) makes an offensive gesture or display in a public
226-26 place, and the gesture or display tends to incite an immediate
226-27 breach of the peace;
227-1 (3) creates, by chemical means, a noxious and
227-2 unreasonable odor in a public place;
227-3 (4) abuses or threatens a person in a public place in
227-4 an obviously offensive manner;
227-5 (5) makes unreasonable noise in a public place other
227-6 than a sport shooting range, as defined by Section 250.001, Local
227-7 Government Code, or in or near a private residence that he has no
227-8 right to occupy;
227-9 (6) fights with another in a public place;
227-10 (7) enters on the property of another and for a lewd
227-11 or unlawful purpose looks into a dwelling on the property through
227-12 any window or other opening in the dwelling;
227-13 (8) while on the premises of a hotel or comparable
227-14 establishment, for a lewd or unlawful purpose looks into a guest
227-15 room not his own through a window or other opening in the room;
227-16 (9) discharges a firearm in a public place other than
227-17 a public road or a sport shooting range, as defined by Section
227-18 250.001, Local Government Code;
227-19 (10) displays a firearm or other deadly weapon in a
227-20 public place in a manner calculated to alarm;
227-21 (11) discharges a firearm on or across a public road;
227-22 or
227-23 (12) exposes his anus or genitals in a public place
227-24 and is reckless about whether another may be present who will be
227-25 offended or alarmed by his act.
227-26 (b) It is a defense to prosecution under Subsection (a)(4)
227-27 <of this section> that the actor had significant provocation for
228-1 his abusive or threatening conduct.
228-2 (c) For purposes of this section, an act is deemed to occur
228-3 in a public place or near a private residence if it produces its
228-4 offensive or proscribed consequences in the public place or near a
228-5 private residence.
228-6 (d) An offense under this section is a Class C misdemeanor
228-7 unless committed under Subsection (a)(9) or (a)(10) <of this
228-8 section>, in which event it is a Class B misdemeanor; and further
228-9 provide that a person who violates Subsection (a)(11) is guilty of
228-10 a misdemeanor and on a first conviction is punishable by a fine of
228-11 not less than $25 nor more than $200, on a second conviction is
228-12 punishable by a fine of not less than $200 nor more than $500, and
228-13 on a third or subsequent conviction is punishable by a fine of
228-14 $500.
228-15 Sec. 42.02. Riot. (a) For the purpose of this section,
228-16 "riot" means the assemblage of seven or more persons resulting in
228-17 conduct which:
228-18 (1) creates an immediate danger of damage to property
228-19 or injury to persons;
228-20 (2) substantially obstructs law enforcement or other
228-21 governmental functions or services; or
228-22 (3) by force, threat of force, or physical action
228-23 deprives any person of a legal right or disturbs any person in the
228-24 enjoyment of a legal right.
228-25 (b) A person commits an offense if he knowingly participates
228-26 in a riot.
228-27 (c) It is a defense to prosecution under this section that
229-1 the assembly was at first lawful and when one of those assembled
229-2 manifested an intent to engage in conduct enumerated in Subsection
229-3 (a) <of this section>, the actor retired from the assembly.
229-4 (d) It is no defense to prosecution under this section that
229-5 another who was a party to the riot has been acquitted, has not
229-6 been arrested, prosecuted, or convicted, has been convicted of a
229-7 different offense or of a different type or class of offense, or is
229-8 immune from prosecution.
229-9 (e) Except as provided in Subsection (f) <of this section>,
229-10 an offense under this section is a Class B misdemeanor.
229-11 (f) An offense under this section is an offense of the same
229-12 classification as any offense of a higher grade committed by anyone
229-13 engaged in the riot if the offense was:
229-14 (1) in the furtherance of the purpose of the assembly;
229-15 or
229-16 (2) an offense which should have been anticipated as a
229-17 result of the assembly.
229-18 Sec. 42.03. Obstructing Highway or Other Passageway. (a) A
229-19 person commits an offense if, without legal privilege or authority,
229-20 he intentionally, knowingly, or recklessly:
229-21 (1) obstructs a highway, street, sidewalk, railway,
229-22 waterway, elevator, aisle, hallway, entrance, or exit to which the
229-23 public or a substantial group of the public has access, or any
229-24 other place used for the passage of persons, vehicles, or
229-25 conveyances, regardless of the means of creating the obstruction
229-26 and whether the obstruction arises from his acts alone or from his
229-27 acts and the acts of others; or
230-1 (2) disobeys a reasonable request or order to move
230-2 issued by a person the actor knows to be or is informed is a peace
230-3 officer, a fireman, or a person with authority to control the use
230-4 of the premises:
230-5 (A) to prevent obstruction of a highway or any
230-6 of those areas mentioned in Subdivision (1) <of this subsection>;
230-7 or
230-8 (B) to maintain public safety by dispersing
230-9 those gathered in dangerous proximity to a fire, riot, or other
230-10 hazard.
230-11 (b) For purposes of this section, "obstruct" means to render
230-12 impassable or to render passage unreasonably inconvenient or
230-13 hazardous.
230-14 (c) An offense under this section is a Class B misdemeanor.
230-15 Sec. 42.04. Defense When Conduct Consists of Speech or Other
230-16 Expression. (a) If conduct that would otherwise violate Section
230-17 42.01(a)(5) (Unreasonable Noise) or 42.03 (Obstructing Passageway)
230-18 <of this code> consists of speech or other communication, of
230-19 gathering with others to hear or observe such speech or
230-20 communication, or of gathering with others to picket or otherwise
230-21 express in a nonviolent manner a position on social, economic,
230-22 political, or religious questions, the actor must be ordered to
230-23 move, disperse, or otherwise remedy the violation prior to his
230-24 arrest if he has not yet intentionally harmed the interests of
230-25 others which those sections seek to protect.
230-26 (b) The order required by this section may be given by a
230-27 peace officer, a fireman, a person with authority to control the
231-1 use of the premises, or any person directly affected by the
231-2 violation.
231-3 (c) It is a defense to prosecution under Section 42.01(a)(5)
231-4 or 42.03 <of this code>:
231-5 (1) that in circumstances in which this section
231-6 requires an order no order was given;
231-7 (2) that an order, if given, was manifestly
231-8 unreasonable in scope; or
231-9 (3) that an order, if given, was promptly obeyed.
231-10 Sec. 42.05. Disrupting Meeting or Procession. (a) A person
231-11 commits an offense if, with intent to prevent or disrupt a lawful
231-12 meeting, procession, or gathering, he obstructs or interferes with
231-13 the meeting, procession, or gathering by physical action or verbal
231-14 utterance.
231-15 (b) An offense under this section is a Class B misdemeanor.
231-16 Sec. 42.06. False Alarm or Report. (a) A person commits an
231-17 offense if he knowingly initiates, communicates or circulates a
231-18 report of a present, past, or future bombing, fire, offense, or
231-19 other emergency that he knows is false or baseless and that would
231-20 ordinarily:
231-21 (1) cause action by an official or volunteer agency
231-22 organized to deal with emergencies;
231-23 (2) place a person in fear of imminent serious bodily
231-24 injury; or
231-25 (3) prevent or interrupt the occupation of a building,
231-26 room, place of assembly, place to which the public has access, or
231-27 aircraft, automobile, or other mode of conveyance.
232-1 (b) An offense under this section is a Class A misdemeanor
232-2 unless the false report is of an emergency involving public
232-3 communications, public transportation, public water, gas, or power
232-4 supply or other public service, in which event the offense is a
232-5 felony of the fourth <third> degree.
232-6 Sec. 42.061. Silent or Abusive Calls to 9-1-1 Service. (a)
232-7 In this section "9-1-1 service" and "public safety answering point"
232-8 or "PSAP" have the meanings assigned by Section 772.001, Health and
232-9 Safety Code.
232-10 (b) A person commits an offense if the person makes a
232-11 telephone call to 9-1-1 when there is not an emergency and
232-12 knowingly or intentionally:
232-13 (1) remains silent; or
232-14 (2) makes abusive or harassing statements to a PSAP
232-15 employee.
232-16 (c) A person commits an offense if the person knowingly
232-17 permits a telephone under the person's control to be used by
232-18 another person in a manner described in Subsection (b) <of this
232-19 section>.
232-20 (d) An offense under this section is a Class B misdemeanor<,
232-21 unless it is shown on the trial of a defendant that the defendant
232-22 has been previously convicted under this section, in which event
232-23 the offense is a Class A misdemeanor>.
232-24 Sec. 42.07. Harassment. (a) A person commits an offense
232-25 if, with intent to harass, annoy, alarm, abuse, torment, or
232-26 embarrass another, he:
232-27 (1) initiates communication by telephone or in writing
233-1 and in the course of the communication makes a comment, request,
233-2 suggestion, or proposal that is obscene;
233-3 (2) threatens, by telephone or in writing, in a manner
233-4 reasonably likely to alarm the person receiving the threat, to
233-5 inflict serious bodily injury on the person or to commit a felony
233-6 against the person, a member of his family, or his property;
233-7 (3) conveys, in a manner reasonably likely to alarm
233-8 the person receiving the report, a false report, which is known by
233-9 the conveyer to be false, that another person has suffered death or
233-10 serious bodily injury;
233-11 (4) causes the telephone of another to ring repeatedly
233-12 or makes repeated telephone communications anonymously or in a
233-13 manner reasonably likely to harass, annoy, alarm, abuse, torment,
233-14 embarrass, or offend another;
233-15 (5) makes a telephone call and intentionally fails to
233-16 hang up or disengage the connection; or
233-17 (6) knowingly permits a telephone under his control to
233-18 be used by a person to commit an offense under this section.
233-19 (b) For purposes of Subsection (a)(1) <of this section>,
233-20 "obscene" means containing a patently offensive description of or a
233-21 solicitation to commit an ultimate sex act, including sexual
233-22 intercourse, masturbation, cunnilingus, fellatio, or anilingus, or
233-23 a description of an excretory function.
233-24 (c) An offense under this section is a Class B misdemeanor.
233-25 Sec. 42.08. <PUBLIC INTOXICATION. (a) An individual
233-26 commits an offense if the individual appears in a public place
233-27 under the influence of alcohol or any other substance, to the
234-1 degree that the individual may endanger himself or another.>
234-2 <(b) In lieu of arresting an individual who commits an
234-3 offense under Subsection (a) of this section, a peace officer may
234-4 release an individual if:>
234-5 <(1) the officer believes detention in a penal
234-6 facility is unnecessary for the protection of the individual or
234-7 others; and>
234-8 <(2) the individual:>
234-9 <(A) is released to the care of an adult who
234-10 agrees to assume responsibility for the individual; or>
234-11 <(B) verbally consents to voluntary treatment
234-12 for chemical dependency in a program in a treatment facility
234-13 licensed and approved by the Texas Commission on Alcohol and Drug
234-14 Abuse, and the program admits the individual for treatment.>
234-15 <(c) A magistrate may release from custody an individual
234-16 arrested under this section if the magistrate determines the
234-17 individual meets the conditions required for release in lieu of
234-18 arrest under Subsection (b) of this section.>
234-19 <(d) The release of an individual under Subsection (b) or
234-20 (c) of this section to an alcohol or drug treatment program may not
234-21 be considered by a peace officer or magistrate in determining
234-22 whether the individual should be released to such a program for a
234-23 subsequent incident or arrest under this section.>
234-24 <(e) A peace officer and the agency or political subdivision
234-25 that employs the peace officer may not be held liable for damage to
234-26 persons or property that results from the actions of an individual
234-27 released under Subsection (b) or (c) of this section.>
235-1 <(f) It is a defense to prosecution under this section that
235-2 the alcohol or other substance was administered for therapeutic
235-3 purposes and as a part of the individual's professional medical
235-4 treatment by a licensed physician.>
235-5 <(g) An offense under this section is not a lesser included
235-6 offense of an offense under Article 6701l-1, Revised Statutes.>
235-7 <(h) An offense under this section is a Class C misdemeanor.>
235-8 <Sec. 42.09. DESECRATION OF VENERATED OBJECT. (a) A person
235-9 commits an offense if he intentionally or knowingly desecrates:>
235-10 <(1) a public monument; or>
235-11 <(2) a place of worship or burial.>
235-12 <(b) For purposes of this section, "desecrate" means deface,
235-13 damage, or otherwise physically mistreat in a way that the actor
235-14 knows will seriously offend one or more persons likely to observe
235-15 or discover his action.>
235-16 <(c) Except as provided by Subsection (d) of this section,
235-17 an offense under this section is a Class A misdemeanor.>
235-18 <(d) An offense under this section is a felony of the third
235-19 degree if a place of worship or burial is desecrated.>
235-20 <Sec. 42.10.> Abuse of Corpse. (a) A person commits an
235-21 offense if, not authorized by law, he intentionally or knowingly:
235-22 (1) disinters, disturbs, removes, dissects, in whole
235-23 or in part, carries away, or treats in a seriously offensive manner
235-24 a human corpse;
235-25 (2) conceals a human corpse knowing it to be illegally
235-26 disinterred;
235-27 (3) sells or buys a human corpse or in any way
236-1 traffics in a human corpse; or
236-2 (4) transmits or conveys, or procures to be
236-3 transmitted or conveyed, a human corpse to a place outside the
236-4 state.
236-5 (b) An offense under this section is a Class A misdemeanor.
236-6 Sec. 42.09 <42.11>. Cruelty to Animals. (a) A person
236-7 commits an offense if he intentionally or knowingly:
236-8 (1) tortures or seriously overworks an animal;
236-9 (2) fails unreasonably to provide necessary food,
236-10 care, or shelter for an animal in his custody;
236-11 (3) abandons unreasonably an animal in his custody;
236-12 (4) transports or confines an animal in a cruel
236-13 manner;
236-14 (5) kills, injures, or administers poison to an
236-15 animal, other than cattle, horses, sheep, swine, or goats,
236-16 belonging to another without legal authority or the owner's
236-17 effective consent;
236-18 (6) causes one animal to fight with another; or
236-19 (7) uses a live animal as a lure in dog race training
236-20 or in dog coursing on a racetrack.
236-21 (b) It is a defense to prosecution under this section that
236-22 the actor was engaged in bona fide experimentation for scientific
236-23 research.
236-24 (c) For purposes of this section, "animal" means a
236-25 domesticated living creature and wild living creature previously
236-26 captured. "Animal" does not include an uncaptured wild creature or
236-27 a wild creature whose capture was accomplished by conduct at issue
237-1 under this section.
237-2 (d) An offense under this section is a Class A misdemeanor.
237-3 (e) It is a defense to prosecution under Subsection (a)(5)
237-4 <of this section> that the animal was discovered on the person's
237-5 property in the act of or immediately after injuring or killing the
237-6 person's goats, sheep, cattle, horses, swine, or poultry and that
237-7 the person killed or injured the animal at the time of this
237-8 discovery.
237-9 Sec. 42.10 <42.111>. Dog Fighting. (a) A person commits an
237-10 offense if he intentionally or knowingly:
237-11 (1) causes a dog to fight with another dog;
237-12 (2) for a pecuniary benefit causes a dog to fight with
237-13 another dog;
237-14 (3) participates in the earnings of or operates a
237-15 facility used for dog fighting;
237-16 (4) uses or permits another to use any real estate,
237-17 building, room, tent, arena, or other property for dog fighting;
237-18 (5) owns or trains a dog with the intent that the dog
237-19 be used in an exhibition of dog fighting; or
237-20 (6) attends as a spectator an exhibition of dog
237-21 fighting.
237-22 (b) In this section, "dog fighting" means any situation in
237-23 which one dog attacks or fights with another dog.
237-24 (c) A party to an offense under Subdivision (2), (3), or (4)
237-25 of Subsection (a) <of this section> may be required to furnish
237-26 evidence or testify about the offense but may not be prosecuted for
237-27 the offense about which he is required to furnish evidence or
238-1 testify.
238-2 (d) A conviction under Subdivision (2), (3), or (4) of
238-3 Subsection (a) <of this section> may be had upon the uncorroborated
238-4 testimony of a party to the offense.
238-5 (e) It is a defense to prosecution under Subdivision (1) or
238-6 (2) of Subsection (a) <of this section> that the actor caused a dog
238-7 to fight with another dog to protect livestock, other property, or
238-8 a person from the other dog, and for no other purpose.
238-9 (f) An offense under Subdivision (1) or (5) of Subsection
238-10 (a) <of this section> is a Class A misdemeanor. An offense under
238-11 Subdivision (2), (3), or (4) of Subsection (a) <of this section> is
238-12 a felony of the fourth <third> degree. An offense under
238-13 Subdivision (6) of Subsection (a) <of this section> is a Class C
238-14 misdemeanor.
238-15 <Sec. 42.13. ><Interference with Emergency Communication><. (a)
238-16 A person commits an offense if the person intentionally, knowingly,
238-17 recklessly, or with criminal negligence interrupts, disrupts,
238-18 impedes, or otherwise interferes with the transmission of a
238-19 communication over a citizen's band radio channel, the purpose of
238-20 which communication is to inform or inquire about an emergency.>
238-21 <(b) In this section, "emergency" means a condition or
238-22 circumstance in which an individual is or is reasonably believed
238-23 by the person transmitting the communication to be in imminent
238-24 danger of serious bodily injury or in which property is or is
238-25 reasonably believed by the person transmitting the communication to
238-26 be in imminent danger of damage or destruction.>
238-27 <(c) An offense under this section is a Class B misdemeanor
239-1 unless, as a result of the commission of the offense, serious
239-2 bodily injury or property loss in excess of $1,000 occurs, in which
239-3 event the offense is a felony of the third degree.>
239-4 Sec. 42.11 <42.14>. Destruction of Flag. (a) A person
239-5 commits an offense if the person intentionally or knowingly
239-6 damages, defaces, mutilates, or burns the flag of the United States
239-7 or the State of Texas.
239-8 (b) In this section, "flag" means an emblem, banner, or
239-9 other standard or a copy of an emblem, standard, or banner that is
239-10 an official or commonly recognized depiction of the flag of the
239-11 United States or of this state and is capable of being flown from a
239-12 staff of any character or size. The term does not include a
239-13 representation of a flag on a written or printed document, a
239-14 periodical, stationery, a painting or photograph, or an article of
239-15 clothing or jewelry.
239-16 (c) It is an exception to the application of this section
239-17 that the act that would otherwise constitute an offense is done in
239-18 conformity with statutes of the United States or of this state
239-19 relating to the proper disposal of damaged flags.
239-20 (d) An offense under this section is a Class A misdemeanor.
239-21 CHAPTER 43. PUBLIC INDECENCY
239-22 SUBCHAPTER A. PROSTITUTION
239-23 Sec. 43.01. DEFINITIONS. In this subchapter:
239-24 (1) "Deviate sexual intercourse" means any contact
239-25 between the genitals of one person and the mouth or anus of another
239-26 person.
239-27 (2) "Prostitution" means the offense defined in
240-1 Section 43.02 <of this code>.
240-2 (3) "Sexual contact" means any touching of the anus,
240-3 breast, or any part of the genitals of another person with intent
240-4 to arouse or gratify the sexual desire of any person.
240-5 (4) "Sexual conduct" includes deviate sexual
240-6 intercourse, sexual contact, and sexual intercourse.
240-7 (5) "Sexual intercourse" means any penetration of the
240-8 female sex organ by the male sex organ.
240-9 Sec. 43.02. PROSTITUTION. (a) A person commits an offense
240-10 if he knowingly:
240-11 (1) offers to engage, agrees to engage, or engages in
240-12 sexual conduct for a fee; or
240-13 (2) solicits another in a public place to engage with
240-14 him in sexual conduct for hire.
240-15 (b) An offense is established under Subsection (a)(1) <of
240-16 this section> whether the actor is to receive or pay a fee. An
240-17 offense is established under Subsection (a)(2) <of this section>
240-18 whether the actor solicits a person to hire him or offers to hire
240-19 the person solicited.
240-20 (c) An offense under this section is a Class B misdemeanor,
240-21 unless the actor has been convicted previously under this section,
240-22 in which event it is a Class A misdemeanor.
240-23 Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person
240-24 commits an offense if, acting other than as a prostitute receiving
240-25 compensation for personally rendered prostitution services, he or
240-26 she knowingly:
240-27 (1) receives money or other property pursuant to an
241-1 agreement to participate in the proceeds of prostitution; or
241-2 (2) solicits another to engage in sexual conduct with
241-3 another person for compensation.
241-4 (b) An offense under this section is a Class A misdemeanor.
241-5 Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A
241-6 person commits an offense if he knowingly owns, invests in,
241-7 finances, controls, supervises, or manages a prostitution
241-8 enterprise that uses two or more prostitutes.
241-9 (b) An offense under this section is a felony of the third
241-10 degree.
241-11 Sec. 43.05. COMPELLING PROSTITUTION. (a) A person commits
241-12 an offense if he knowingly:
241-13 (1) causes another by force, threat, or fraud to
241-14 commit prostitution; or
241-15 (2) causes by any means a person younger than 17 years
241-16 to commit prostitution.
241-17 (b) An offense under this section is a felony of the second
241-18 degree.
241-19 Sec. 43.06. ACCOMPLICE WITNESS: TESTIMONY AND IMMUNITY.
241-20 (a) A party to an offense under this subchapter may be required to
241-21 furnish evidence or testify about the offense.
241-22 (b) A party to an offense under this subchapter may not be
241-23 prosecuted for any offense about which he is required to furnish
241-24 evidence or testify, and the evidence and testimony may not be used
241-25 against the party in any adjudicatory proceeding except a
241-26 prosecution for aggravated perjury.
241-27 (c) For purposes of this section, "adjudicatory proceeding"
242-1 means a proceeding before a court or any other agency of government
242-2 in which the legal rights, powers, duties, or privileges of
242-3 specified parties are determined.
242-4 (d) A conviction under this subchapter may be had upon the
242-5 uncorroborated testimony of a party to the offense.
242-6 (Sections 43.07-43.20 reserved for expansion)
242-7 SUBCHAPTER B. OBSCENITY
242-8 Sec. 43.21. DEFINITIONS. (a) In this subchapter:
242-9 (1) "Obscene" means material or a performance that:
242-10 (A) the average person, applying contemporary
242-11 community standards, would find that taken as a whole appeals to
242-12 the prurient interest in sex;
242-13 (B) depicts or describes:
242-14 (i) patently offensive representations or
242-15 descriptions of ultimate sexual acts, normal or perverted, actual
242-16 or simulated, including sexual intercourse, sodomy, and sexual
242-17 bestiality; or
242-18 (ii) patently offensive representations or
242-19 descriptions of masturbation, excretory functions, sadism,
242-20 masochism, lewd exhibition of the genitals, the male or female
242-21 genitals in a state of sexual stimulation or arousal, covered male
242-22 genitals in a discernibly turgid state or a device designed and
242-23 marketed as useful primarily for stimulation of the human genital
242-24 organs; and
242-25 (C) taken as a whole, lacks serious literary,
242-26 artistic, political, and scientific value.
242-27 (2) "Material" means anything tangible that is capable
243-1 of being used or adapted to arouse interest, whether through the
243-2 medium of reading, observation, sound, or in any other manner, but
243-3 does not include an actual three dimensional obscene device.
243-4 (3) "Performance" means a play, motion picture, dance,
243-5 or other exhibition performed before an audience.
243-6 (4) "Patently offensive" means so offensive on its
243-7 face as to affront current community standards of decency.
243-8 (5) "Promote" means to manufacture, issue, sell, give,
243-9 provide, lend, mail, deliver, transfer, transmit, publish,
243-10 distribute, circulate, disseminate, present, exhibit, or advertise,
243-11 or to offer or agree to do the same.
243-12 (6) "Wholesale promote" means to manufacture, issue,
243-13 sell, provide, mail, deliver, transfer, transmit, publish,
243-14 distribute, circulate, disseminate, or to offer or agree to do the
243-15 same for purpose of resale.
243-16 (7) "Obscene device" means a device including a dildo
243-17 or artificial vagina, designed or marketed as useful primarily for
243-18 the stimulation of human genital organs.
243-19 (b) If any of the depictions or descriptions of sexual
243-20 conduct described in this section are declared by a court of
243-21 competent jurisdiction to be unlawfully included herein, this
243-22 declaration shall not invalidate this section as to other patently
243-23 offensive sexual conduct included herein.
243-24 Sec. 43.22. OBSCENE DISPLAY OR DISTRIBUTION. (a) A person
243-25 commits an offense if he intentionally or knowingly displays or
243-26 distributes an obscene photograph, drawing, or similar visual
243-27 representation or other obscene material and is reckless about
244-1 whether a person is present who will be offended or alarmed by the
244-2 display or distribution.
244-3 (b) An offense under this section is a Class C misdemeanor.
244-4 Sec. 43.23. OBSCENITY. (a) A person commits an offense if,
244-5 knowing its content and character, he wholesale promotes or
244-6 possesses with intent to wholesale promote any obscene material or
244-7 obscene device.
244-8 (b) An offense under Subsection (a) <of this section> is a
244-9 felony of the fourth <third> degree.
244-10 (c) A person commits an offense if, knowing its content and
244-11 character, he:
244-12 (1) promotes or possesses with intent to promote any
244-13 obscene material or obscene device; or
244-14 (2) produces, presents, or directs an obscene
244-15 performance or participates in a portion thereof that is obscene or
244-16 that contributes to its obscenity.
244-17 (d) An offense under Subsection (c) <of this section> is a
244-18 Class A misdemeanor.
244-19 (e) A person who promotes or wholesale promotes obscene
244-20 material or an obscene device or possesses the same with intent to
244-21 promote or wholesale promote it in the course of his business is
244-22 presumed to do so with knowledge of its content and character.
244-23 (f) A person who possesses six or more obscene devices or
244-24 identical or similar obscene articles is presumed to possess them
244-25 with intent to promote the same.
244-26 (g) It is an affirmative defense to prosecution under this
244-27 section that the <This section does not apply to a> person who
245-1 possesses or promotes <distributes obscene> material or a device
245-2 proscribed <obscene devices or participates in conduct otherwise
245-3 prescribed> by this section does so for a bona fide educational,
245-4 medical, psychological, psychiatric, judicial, legislative, <when
245-5 the possession, participation,> or <conduct occurs in the course
245-6 of> law enforcement purpose <activities>.
245-7 Sec. 43.24. Sale, Distribution, or Display of Harmful
245-8 Material to Minor. (a) For purposes of this section:
245-9 (1) "Minor" means an individual younger than 17 years.
245-10 (2) "Harmful material" means material whose dominant
245-11 theme taken as a whole:
245-12 (A) appeals to the prurient interest of a minor,
245-13 in sex, nudity, or excretion;
245-14 (B) is patently offensive to prevailing
245-15 standards in the adult community as a whole with respect to what is
245-16 suitable for minors; and
245-17 (C) is utterly without redeeming social value
245-18 for minors.
245-19 (b) A person commits an offense if, knowing that the
245-20 material is harmful:
245-21 (1) and knowing the person is a minor, he sells,
245-22 distributes, exhibits, or possesses for sale, distribution, or
245-23 exhibition to a minor harmful material;
245-24 (2) he displays harmful material and is reckless about
245-25 whether a minor is present who will be offended or alarmed by the
245-26 display; or
245-27 (3) he hires, employs, or uses a minor to do or
246-1 accomplish or assist in doing or accomplishing any of the acts
246-2 prohibited in Subsection (b)(1) or (b)(2) <of this section>.
246-3 (c) It is a defense to prosecution under this section that:
246-4 (1) the sale, distribution, or exhibition was by a
246-5 person having scientific, educational, governmental, or other
246-6 similar justification; or
246-7 (2) the sale, distribution, or exhibition was to a
246-8 minor who was accompanied by a consenting parent, guardian, or
246-9 spouse.
246-10 (d) An offense under this section is a Class A misdemeanor
246-11 unless it is committed under Subsection (b)(3) <of this section> in
246-12 which event it is a felony of the third degree.
246-13 Sec. 43.25. Sexual Performance by a Child. (a) In this
246-14 section:
246-15 (1) "Sexual performance" means any performance or part
246-16 thereof that includes sexual conduct by a child younger than 17
246-17 years of age.
246-18 (2) "Sexual conduct" means actual or simulated sexual
246-19 intercourse, deviate sexual intercourse, sexual bestiality,
246-20 masturbation, sado-masochistic abuse, or lewd exhibition of the
246-21 genitals.
246-22 (3) "Performance" means any play, motion picture,
246-23 photograph, dance, or other visual representation that can be
246-24 exhibited before an audience of one or more persons.
246-25 (4) "Produce" with respect to a sexual performance
246-26 includes any conduct that directly contributes to the creation or
246-27 manufacture of the sexual performance.
247-1 (5) "Promote" means to procure, manufacture, issue,
247-2 sell, give, provide, lend, mail, deliver, transfer, transmit,
247-3 publish, distribute, circulate, disseminate, present, exhibit, or
247-4 advertise or to offer or agree to do any of the above.
247-5 (6) "Simulated" means the explicit depiction of sexual
247-6 conduct that creates the appearance of actual sexual conduct and
247-7 during which a person engaging in the conduct exhibits any
247-8 uncovered portion of the breasts, genitals, or buttocks.
247-9 (7) "Deviate sexual intercourse" has the meaning
247-10 defined by Section 43.01 <of this code>.
247-11 (8) "Sado-masochistic abuse" has the meaning defined
247-12 by Section 43.24 <of this code>.
247-13 (b) A person commits an offense if, knowing the character
247-14 and content thereof, he employs, authorizes, or induces a child
247-15 younger than 17 years of age to engage in sexual conduct or a
247-16 sexual performance. A parent or legal guardian or custodian of a
247-17 child younger than 17 years of age commits an offense if he
247-18 consents to the participation by the child in a sexual performance.
247-19 (c) An offense under Subsection (b) <of this section> is a
247-20 felony of the second degree.
247-21 (d) A person commits an offense if, knowing the character
247-22 and content of the material, he produces, directs, or promotes a
247-23 performance that includes sexual conduct by a child younger than 17
247-24 years of age.
247-25 (e) An offense under Subsection (d) <of this section> is a
247-26 felony of the third degree.
247-27 (f) It is an affirmative defense to a prosecution under this
248-1 section that:
248-2 (1) the defendant, in good faith, reasonably believed
248-3 that the child who engaged in the sexual conduct was 17 years of
248-4 age or older;
248-5 (2) the defendant was the spouse of the child at the
248-6 time of the offense;
248-7 (3) the conduct was for a bona fide educational,
248-8 medical, psychological, psychiatric, judicial, law enforcement, or
248-9 legislative purpose; or
248-10 (4) the defendant is not more than two years older
248-11 than the child.
248-12 (g) When it becomes necessary for the purposes of this
248-13 section or Section 43.26 <of this code> to determine whether a
248-14 child who participated in sexual conduct was younger than 17 years
248-15 of age, the court or jury may make this determination by any of the
248-16 following methods:
248-17 (1) personal inspection of the child;
248-18 (2) inspection of the photograph or motion picture
248-19 that shows the child engaging in the sexual performance;
248-20 (3) oral testimony by a witness to the sexual
248-21 performance as to the age of the child based on the child's
248-22 appearance at the time;
248-23 (4) expert medical testimony based on the appearance
248-24 of the child engaging in the sexual performance; or
248-25 (5) any other method authorized by law or by the rules
248-26 of evidence at common law.
248-27 Sec. 43.251. EMPLOYMENT HARMFUL TO CHILDREN <MINORS>. (a)
249-1 In this section:
249-2 (1) "Child" means a person younger than 17 years of
249-3 age.
249-4 (2) "Massage" means the rubbing, kneading, tapping,
249-5 compression, vibration, application of friction, or percussion of
249-6 the human body or parts of it by hand or with an instrument or
249-7 apparatus.
249-8 (3) "Massage establishment" means a commercial
249-9 activity the primary business of which is the rendering of massage.
249-10 The term does not include the businesses of licensed physical
249-11 therapists, licensed athletic trainers, licensed cosmetologists, or
249-12 licensed barbers engaged in performing functions authorized by the
249-13 license held.
249-14 (4) "Nude" means a child who is:
249-15 (A) entirely unclothed; or
249-16 (B) clothed in a manner that leaves uncovered or
249-17 visible through less than fully opaque clothing any portion of the
249-18 breasts below the top of the areola of the breasts, if the child is
249-19 female, or any portion of the genitals or buttocks.
249-20 (5) "Sexually oriented commercial activity" means a
249-21 massage establishment, nude studio, modeling studio, love parlor,
249-22 or other similar commercial enterprise the primary business of
249-23 which is the offering of a service that is intended to provide
249-24 sexual stimulation or sexual gratification to the customer.
249-25 (6) "Topless" means a female child clothed in a manner
249-26 that leaves uncovered or visible through less than fully opaque
249-27 clothing any portion of her breasts below the top of the areola.
250-1 (b) A person commits an offense if the person employs,
250-2 authorizes, or induces a child to work:
250-3 (1) in a sexually oriented commercial activity; or
250-4 (2) in any place of business permitting, requesting,
250-5 or requiring a child to work nude or topless.
250-6 (c) An offense under this section is a Class A misdemeanor.
250-7 Sec. 43.26. Possession or Promotion of Child Pornography.
250-8 (a) A person commits an offense if:
250-9 (1) the person knowingly or intentionally possesses
250-10 material containing a film image that visually depicts a child
250-11 younger than 17 years of age at the time the film image of the
250-12 child was made who is engaging in sexual conduct; and
250-13 (2) the person knows that the material depicts the
250-14 child as described by Subdivision (1) <of this subsection>.
250-15 (b) In this section:
250-16 (1) "Film image" includes a photograph, slide,
250-17 negative, film, or videotape, or a reproduction of any of these.
250-18 (2) "Sexual conduct" has the meaning assigned by
250-19 Section 43.25 <of this code>.
250-20 (3) "Promote" has the meaning assigned by Section
250-21 43.25 <of this code>.
250-22 (c) The affirmative defenses provided by Section 43.25(f)
250-23 <of this code> also apply to a prosecution under this section.
250-24 (d) An offense under this section is a felony of the third
250-25 degree.
250-26 (e) A person commits an offense if:
250-27 (1) the person knowingly or intentionally promotes or
251-1 possesses with intent to promote material described by Subsection
251-2 (a)(1) <of this section>; and
251-3 (2) the person knows that the material depicts the
251-4 child as described by Subsection (a)(1) <of this section>.
251-5 (f) A person who possesses six or more identical film images
251-6 depicting a child as described by Subsection (a)(1) <of this
251-7 section> is presumed to possess the film images with the intent to
251-8 promote the material.
251-9 (g) An offense under Subsection (e) <of this section> is a
251-10 felony of the third degree.
251-11 TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
251-12 CHAPTER 46. WEAPONS
251-13 Sec. 46.01. <CHAPTER> DEFINITIONS. In this chapter:
251-14 (1) "Club" means an instrument that is specially
251-15 designed, made, or adapted for the purpose of inflicting serious
251-16 bodily injury or death by striking a person with the instrument,
251-17 and includes but is not limited to the following:
251-18 (A) blackjack;
251-19 (B) nightstick;
251-20 (C) mace;
251-21 (D) tomahawk.
251-22 (2) "Explosive weapon" means any explosive or
251-23 incendiary bomb, grenade, rocket, or mine, that is designed, made,
251-24 or adapted for the purpose of inflicting serious bodily injury,
251-25 death, or substantial property damage, or for the principal purpose
251-26 of causing such a loud report as to cause undue public alarm or
251-27 terror, and includes a device designed, made, or adapted for
252-1 delivery or shooting an explosive weapon.
252-2 (3) "Firearm" means any device designed, made, or
252-3 adapted to expel a projectile through a barrel by using the energy
252-4 generated by an explosion or burning substance or any device
252-5 readily convertible to that use. Firearm does not include antique
252-6 or curio firearms that were manufactured prior to 1899 and that may
252-7 have, as an integral part, a folding knife blade or other
252-8 characteristics of weapons made illegal by this chapter.
252-9 (4) "Firearm silencer" means any device designed,
252-10 made, or adapted to muffle the report of a firearm.
252-11 (5) "Handgun" means any firearm that is designed,
252-12 made, or adapted to be fired with one hand.
252-13 (6) "Illegal knife" means a:
252-14 (A) knife with a blade over five and one-half
252-15 inches;
252-16 (B) <a> hand instrument designed to cut or stab
252-17 another by being thrown;
252-18 (C) dagger, including but not limited to a dirk,
252-19 stilletto, and poniard;
252-20 (D) bowie knife;
252-21 (E) sword; or
252-22 (F) spear.
252-23 (7) "Knife" means any bladed hand instrument that is
252-24 capable of inflicting serious bodily injury or death by cutting or
252-25 stabbing a person with the instrument.
252-26 (8) "Knuckles" means any instrument that consists of
252-27 finger rings or guards made of a hard substance and that is
253-1 designed, made, or adapted for the purpose of inflicting serious
253-2 bodily injury or death by striking a person with a fist enclosed in
253-3 the knuckles.
253-4 (9) "Machine gun" means any firearm that is capable of
253-5 shooting more than two shots automatically, without manual
253-6 reloading, by a single function of the trigger.
253-7 (10) "Short-barrel firearm" means a rifle with a
253-8 barrel length of less than 16 inches or a shotgun with a barrel
253-9 length of less than 18 inches, or any weapon made from a shotgun or
253-10 rifle if, as altered, it has an overall length of less than 26
253-11 inches.
253-12 (11) "Switchblade knife" means any knife that has a
253-13 blade that folds, closes, or retracts into the handle or sheath,
253-14 and that:
253-15 (A) opens automatically by pressure applied to a
253-16 button or other device located on the handle; or
253-17 (B) opens or releases a blade from the handle or
253-18 sheath by the force of gravity or by the application of centrifugal
253-19 force.
253-20 (12) "Armor-piercing ammunition" means handgun
253-21 ammunition that is designed primarily for the purpose of
253-22 penetrating metal or body armor and to be used principally in
253-23 pistols and revolvers.
253-24 (13) "Hoax bomb" means a device that:
253-25 (A) reasonably appears to be an explosive or
253-26 incendiary device; or
253-27 (B) by its design causes alarm or reaction of
254-1 any type by an official of a public safety agency or a volunteer
254-2 agency organized to deal with emergencies.
254-3 (14) "Chemical dispensing device" means a device,
254-4 other than a small chemical dispenser sold commercially for
254-5 personal protection, that is designed, made, or adapted for the
254-6 purpose of dispensing a substance capable of causing an adverse
254-7 psychological or physiological effect on a human being.
254-8 (15) "Racetrack" has the meaning assigned that term by
254-9 the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
254-10 (16) "Zip gun" means a device or combination of
254-11 devices that was not originally a firearm and is adapted to expel a
254-12 projectile through a smooth-bore or rifled-bore barrel by using the
254-13 energy generated by an explosion or burning substance.
254-14 Sec. 46.02. Unlawful Carrying Weapons. (a) A person
254-15 commits an offense if he intentionally, knowingly, or recklessly
254-16 carries on or about his person a handgun, illegal knife, or club.
254-17 (b) It is a defense to prosecution under this section that
254-18 the actor was, at the time of the commission of the offense <Except
254-19 as provided in Subsection (c), an offense under this section is a
254-20 Class A misdemeanor.>
254-21 <(c) An offense under this section is a felony of the third
254-22 degree if it occurs on any premises licensed or issued a permit by
254-23 this state for the sale or service of alcoholic beverages.>
254-24 <Sec. 46.03. NON-APPLICABLE. (a) The provisions of Section
254-25 46.02 of this code do not apply to a person>:
254-26 (1) in the actual discharge of his official duties as
254-27 a member of the armed forces or state military forces as defined by
255-1 Section 431.001, Government Code, or as a guard employed by a penal
255-2 institution;
255-3 (2) on his own premises or premises under his control
255-4 unless he is an employee or agent of the owner of the premises and
255-5 his primary responsibility is to act in the capacity of a security
255-6 guard to protect persons or property, in which event he must comply
255-7 with Subdivision (5) <of this subsection>;
255-8 (3) traveling;
255-9 (4) engaging in lawful hunting, fishing, or other
255-10 sporting activity on the immediate premises where the activity is
255-11 conducted, or was directly en route between the premises and the
255-12 actor's residence, if the weapon is a type commonly used in the
255-13 activity;
255-14 (5) a person who holds a security officer commission
255-15 issued by the Texas Board of Private Investigators and Private
255-16 Security Agencies, if:
255-17 (A) he is engaged in the performance of his
255-18 duties as a security officer or traveling to and from his place of
255-19 assignment;
255-20 (B) he is wearing a distinctive uniform; and
255-21 (C) the weapon is in plain view; or
255-22 (6) <who is> a peace officer, other than a person
255-23 commissioned by the Texas State Board of Pharmacy.
255-24 (c) It is a defense to prosecution under this section for
255-25 the offense of carrying a club that the actor was, at the time of
255-26 the commission of the offense, <(b) The provision of Section 46.02
255-27 of this code prohibiting the carrying of a club does not apply to>
256-1 a noncommissioned security guard at an institution of higher
256-2 education who carried <carries> a nightstick or similar club, and
256-3 who had <has> undergone 15 hours of training in the proper use of
256-4 the club, including at least seven hours of training in the use of
256-5 the club for nonviolent restraint. For the purposes of this
256-6 section, "nonviolent restraint" means the use of reasonable force,
256-7 not intended and not likely to inflict bodily injury.
256-8 (d) It is a defense to prosecution under this section for
256-9 the offense of carrying a firearm or carrying a club that the actor
256-10 was, at the time of the commission of the offense, <(c) The
256-11 prohibition of carrying a handgun or club in Section 46.02 of this
256-12 code does not apply to> a public security officer employed by the
256-13 adjutant general under Section 431.029, Government Code, and was
256-14 performing <in performance of> official duties or <while> traveling
256-15 to or from a place of duty.
256-16 (e) Except as provided by Subsection (f), an offense under
256-17 this section is a Class A misdemeanor.
256-18 (f) An offense under this section is a felony of the third
256-19 degree if the offense is committed on any premises licensed or
256-20 issued a permit by this state for the sale of alcoholic beverages.
256-21 Sec. 46.03 <46.04>. Places Weapons Prohibited. (a) A
256-22 person commits an offense if, with a firearm, illegal knife, club,
256-23 or prohibited weapon listed in Section 46.05(a) <46.06(a) of this
256-24 code>, he intentionally, knowingly, or recklessly goes:
256-25 (1) on the premises of a school or an educational
256-26 institution, whether public or private, unless pursuant to written
256-27 regulations or written authorization of the institution;
257-1 (2) on the premises of a polling place on the day of
257-2 an election or while early voting is in progress;
257-3 (3) in any government court or offices utilized by the
257-4 court, unless pursuant to written regulations or written
257-5 authorization of the court; <or>
257-6 (4) on the premises of a racetrack; or
257-7 (5) into a secured area of an airport.
257-8 (b) It is a defense to prosecution under Subsections
257-9 (a)(1)-(4) that the actor possessed a firearm <under Subsection (a)
257-10 of this section> while in the actual discharge of his official
257-11 duties as a peace officer or a member of the armed forces or
257-12 national guard or a guard employed by a penal institution, or an
257-13 officer of the court.
257-14 (c) In this section "secured area" means an area of an
257-15 airport terminal building to which access is controlled by the
257-16 inspection of persons and property under federal law.
257-17 (d) It is a defense to prosecution under Subsection (a)(5)
257-18 that the actor possessed a firearm or club while traveling to or
257-19 from the actor's place of assignment or in the actual discharge of
257-20 duties as:
257-21 (1) a peace officer;
257-22 (2) a member of the armed forces or national guard;
257-23 (3) a guard employed by a penal institution; or
257-24 (4) a security officer commissioned by the Texas Board
257-25 of Private Investigators and Private Security Agencies if:
257-26 (A) the actor is wearing a distinctive uniform;
257-27 and
258-1 (B) the firearm or club is in plain view.
258-2 (e) It is a defense to prosecution under Subsection (a)(5)
258-3 that the actor checked all firearms as baggage in accordance with
258-4 federal or state law or regulations before entering a secured area.
258-5 (f) An offense under this section is a third degree felony.
258-6 Sec. 46.04 <46.05>. Unlawful Possession of Firearm by Felon.
258-7 (a) A person who has been convicted of a felony <involving an act
258-8 of violence or threatened violence to a person or property> commits
258-9 an offense if he possesses a firearm:
258-10 (1) after conviction and before the fifth anniversary
258-11 of the person's release from confinement following conviction of
258-12 the felony or the person's release from supervision under
258-13 probation, parole, or mandatory supervision, whichever date is
258-14 later; or
258-15 (2) after the period described by Subdivision (1), at
258-16 any location other than the premises at which the person lives
258-17 <away from the premises where he lives>.
258-18 (b) An offense under this section is a felony of the third
258-19 degree.
258-20 Sec. 46.05 <46.06>. Prohibited Weapons. (a) A person
258-21 commits an offense if he intentionally or knowingly possesses,
258-22 manufactures, transports, repairs, or sells:
258-23 (1) an explosive weapon;
258-24 (2) a machine gun;
258-25 (3) a short-barrel firearm;
258-26 (4) a firearm silencer;
258-27 (5) a switchblade knife;
259-1 (6) knuckles;
259-2 (7) armor-piercing ammunition;
259-3 (8) a chemical dispensing device; <or>
259-4 (9) a zip gun; or
259-5 (10) an illegal knife described by Section 46.01(6)(B)
259-6 or (C).
259-7 (b) It is a defense to prosecution under this section that
259-8 the actor's conduct was incidental to the performance of official
259-9 duty by the armed forces or national guard, a governmental law
259-10 enforcement agency, or a correctional facility <penal institution>.
259-11 (c) It is a defense to prosecution under this section that
259-12 the actor's possession was pursuant to registration pursuant to the
259-13 National Firearms Act, as amended.
259-14 (d) It is an affirmative defense to prosecution under this
259-15 section that the actor's conduct:
259-16 (1) was incidental to dealing with a switchblade
259-17 knife, springblade knife, or short-barrel firearm solely as an
259-18 antique or curio; or
259-19 (2) was incidental to dealing with armor-piercing
259-20 ammunition solely for the purpose of making the ammunition
259-21 available to an organization, agency, or institution listed in
259-22 Subsection (b) <of this section>.
259-23 (e) An offense under this section is a felony of the fourth
259-24 <second> degree unless it is committed under Subsection (a)(5) or
259-25 (a)(6) <of this section>, in which event, it is a Class A
259-26 misdemeanor.
259-27 Sec. 46.06 <46.07>. Unlawful Transfer of Certain Weapons.
260-1 (a) A person commits an offense if he:
260-2 (1) sells, rents, leases, loans, or gives a handgun to
260-3 any person knowing that the person to whom the handgun is to be
260-4 delivered intends to use it unlawfully or in the commission of an
260-5 unlawful act;
260-6 (2) intentionally or knowingly sells, rents, leases,
260-7 or gives or offers to sell, rent, lease, or give to any child
260-8 younger than 18 years any firearm, club, or illegal knife <or any
260-9 martial arts throwing stars>; <or>
260-10 (3) intentionally, knowingly, or recklessly sells a
260-11 firearm or ammunition for a firearm to any person who is
260-12 intoxicated; or
260-13 (4) knowingly sells a firearm or ammunition for a
260-14 firearm to any person who has been convicted of a felony before the
260-15 fifth anniversary of the later of the following dates:
260-16 (A) the person's release from confinement
260-17 following conviction of the felony; or
260-18 (B) the person's release from supervision under
260-19 community supervision, parole, or mandatory supervision following
260-20 conviction of the felony.
260-21 (b) For purposes of this section, "intoxicated" means
260-22 substantial impairment of mental or physical capacity resulting
260-23 from introduction of any substance into the body.
260-24 (c) It is an affirmative defense to prosecution under
260-25 Subsection (a)(2) <of this section> that the transfer was to a
260-26 minor whose parent or the person having legal custody of the minor
260-27 had given written permission for the sale or, if the transfer was
261-1 other than a sale, the parent or person having legal custody had
261-2 given effective consent.
261-3 (d) An offense under this section is a Class A misdemeanor.
261-4 Sec. 46.07 <46.08>. Interstate Purchase. A resident of this
261-5 state may, if not otherwise precluded by law, purchase firearms,
261-6 ammunition, reloading components, or firearm accessories in
261-7 contiguous states. This authorization is enacted in conformance
261-8 with Section 922(b)(3)(A), Public Law 90-618, 90th Congress.
261-9 Sec. 46.08 <46.09>. Hoax Bombs. (a) A person commits an
261-10 offense if the person knowingly manufactures, sells, purchases,
261-11 transports, or possesses a hoax bomb with intent to use the hoax
261-12 bomb to:
261-13 (1) make another believe that the hoax bomb is an
261-14 explosive or incendiary device; or
261-15 (2) cause alarm or reaction of any type by an official
261-16 of a public safety agency or volunteer agency organized to deal
261-17 with emergencies.
261-18 (b) An offense under this section is a Class A misdemeanor.
261-19 Sec. 46.09 <46.10>. Components of Explosives. (a) A person
261-20 commits an offense if the person knowingly possesses components of
261-21 an explosive weapon with the intent to combine the components into
261-22 an explosive weapon for use in a criminal endeavor.
261-23 (b) An offense under this section is a felony of the fourth
261-24 <third> degree.
261-25 Sec. 46.10 <46.11>. Deadly Weapon in Penal Institution. (a)
261-26 A person commits an offense if, while confined in a penal
261-27 institution, he intentionally, knowingly, or recklessly:
262-1 (1) carries on or about his person a deadly weapon; or
262-2 (2) possesses or conceals a deadly weapon in the penal
262-3 institution.
262-4 (b) It is an affirmative defense to prosecution under this
262-5 section that at the time of the offense the actor was engaged in
262-6 conduct authorized by an employee of the penal institution.
262-7 (c) A person who is subject to prosecution under both this
262-8 section and another section under this chapter may be prosecuted
262-9 under either section.
262-10 (d) An offense under this section is a felony of the third
262-11 degree.
262-12 <Sec. 46.12. UNLAWFUL CARRYING OF WEAPONS AT AIRPORT.
262-13 (a) A person commits an offense if the person intentionally,
262-14 knowingly, or recklessly enters a secured area of an airport with a
262-15 handgun or other firearm capable of being concealed on the person,
262-16 illegal knife, or club.>
262-17 <(b) In this section "secured area" means an area of an
262-18 airport terminal building to which access is controlled by the
262-19 inspection of persons and property under federal law.>
262-20 <(c) It is a defense to prosecution that the actor possessed
262-21 a firearm or club while traveling to or from the actor's place of
262-22 assignment or in the actual discharge of duties as:>
262-23 <(1) a peace officer;>
262-24 <(2) a member of the armed forces or national guard;>
262-25 <(3) a guard employed by a penal institution; or>
262-26 <(4) a security officer commissioned by the Texas
262-27 Board of Private Investigators and Private Security Agencies if:>
263-1 <(A) the actor is wearing a distinctive uniform;
263-2 and>
263-3 <(B) the firearm or club is in plain view.>
263-4 <(d) It is a defense to prosecution that the actor checked
263-5 all firearms as baggage in accordance with federal or state law or
263-6 regulations before entering a secured area.>
263-7 <(e) An offense under this section is a Class A
263-8 misdemeanor.>
263-9 CHAPTER 47. GAMBLING
263-10 Sec. 47.01. Definitions. In this chapter:
263-11 (1) "Bet" means an agreement <that, dependent on
263-12 chance even though accompanied by some skill, one stands> to win or
263-13 lose something of value solely or partially by chance. A bet does
263-14 not include:
263-15 (A) contracts of indemnity or guaranty, or life,
263-16 health, property, or accident insurance;
263-17 (B) an offer of a prize, award, or compensation
263-18 to the actual contestants in a bona fide contest for the
263-19 determination of skill, speed, strength, or endurance or to the
263-20 owners of animals, vehicles, watercraft, or aircraft entered in a
263-21 contest; or
263-22 (C) an offer of merchandise, with a value not
263-23 greater than $25, made by the proprietor of a bona fide carnival
263-24 contest conducted at a carnival sponsored by a nonprofit religious,
263-25 fraternal, school, law enforcement, youth, agricultural, or civic
263-26 group, including any nonprofit agricultural or civic group
263-27 incorporated by the state before 1955, if the person to receive the
264-1 merchandise from the proprietor is the person who performs the
264-2 carnival contest<; or>
264-3 <(D) an offer of merchandise, with a value not
264-4 greater than $25, made by the proprietor of a bona fide carnival
264-5 contest conducted at a carnival sponsored by a nonprofit
264-6 agricultural or civic group incorporated by the State of Texas
264-7 prior to 1955>.
264-8 (2) "Bookmaking" means:
264-9 (A) to receive and record or to forward more
264-10 than five bets or offers to bet in a period of 24 hours;
264-11 (B) to receive and record or to forward bets or
264-12 offers to bet totaling more than $1,000 in a period of 24 hours; or
264-13 (C) a scheme by three or more persons to
264-14 receive, record, or forward a bet or an offer to bet.
264-15 (3) "Gambling place" means any real estate, building,
264-16 room, tent, vehicle, boat, or other property whatsoever, one of the
264-17 uses of which is the making or settling of bets, bookmaking <the
264-18 receiving, holding, recording, or forwarding of bets or offers to
264-19 bet>, or the conducting of a lottery or the playing of gambling
264-20 devices.
264-21 (4) <(3)> "Gambling device" means any contrivance that
264-22 for a consideration affords the player an opportunity to obtain
264-23 anything of value, the award of which is determined solely or
264-24 partially by chance, <even though accompanied by some skill,>
264-25 whether or not the prize is automatically paid by the contrivance.
264-26 (5) <(4)> "Altered gambling equipment" means any
264-27 contrivance that has been altered in some manner, including, but
265-1 not limited to, shaved dice, loaded dice, magnetic dice, mirror
265-2 rings, electronic sensors, shaved cards, marked cards, and any
265-3 other equipment altered or <and> designed to enhance the actor's
265-4 chances of winning.
265-5 (6) <(5)> "Gambling paraphernalia" means any book,
265-6 instrument, or apparatus by means of which bets have been or may be
265-7 recorded or registered; any record, ticket, certificate, bill,
265-8 slip, token, writing, scratch sheet, or other means of carrying on
265-9 bookmaking, wagering pools, lotteries, numbers, policy, or similar
265-10 games.
265-11 (7) <(6)> "Lottery" means any scheme or procedure
265-12 whereby one or more prizes are distributed by chance among persons
265-13 who have paid or promised consideration for a chance to win
265-14 anything of value, whether such scheme or procedure is called a
265-15 pool, lottery, raffle, gift, gift enterprise, sale, policy game, or
265-16 some other name.
265-17 (8) <(7)> "Private place" means a place to which the
265-18 public does not have access, and excludes, among other places,
265-19 streets, highways, restaurants, taverns, nightclubs, schools,
265-20 hospitals, and the common areas of apartment houses, hotels,
265-21 motels, office buildings, transportation facilities, and shops.
265-22 (9) <(8)> "Thing of value" means any benefit, but does
265-23 not include an unrecorded and immediate right of replay not
265-24 exchangeable for value.
265-25 Sec. 47.02. Gambling. (a) A person commits an offense if
265-26 he:
265-27 (1) makes a bet on the partial or final result of a
266-1 game or contest or on the performance of a participant in a game or
266-2 contest;
266-3 (2) makes a bet on the result of any political
266-4 nomination, appointment, or election or on the degree of success of
266-5 any nominee, appointee, or candidate; or
266-6 (3) plays and bets for money or other thing of value
266-7 at any game played with cards, dice, <or> balls, or any other
266-8 gambling device.
266-9 (b) It is a defense to prosecution under this section that:
266-10 (1) the actor engaged in gambling in a private place;
266-11 (2) no person received any economic benefit other than
266-12 personal winnings; and
266-13 (3) except for the advantage of skill or luck, the
266-14 risks of losing and the chances of winning were the same for all
266-15 participants.
266-16 (c) It is a defense to prosecution under this section that
266-17 the actor reasonably believed that the conduct:
266-18 (1) was permitted under the Bingo Enabling Act
266-19 (Article 179d, Vernon's Texas Civil Statutes);
266-20 (2) was permitted under the Charitable Raffle Enabling
266-21 Act (Article 179f, Revised Statutes); <or>
266-22 (3) consisted entirely of participation in the state
266-23 lottery authorized by the State Lottery Act (Article 179g, Vernon's
266-24 Texas Civil Statutes); or
266-25 (4) was permitted under the Texas Racing Act (Article
266-26 179e, Vernon's Texas Civil Statutes).
266-27 (d) An offense under this section is a Class C misdemeanor.
267-1 Sec. 47.03. Gambling Promotion. (a) A person commits an
267-2 offense if he intentionally or knowingly does any of the following
267-3 acts:
267-4 (1) operates or participates in the earnings of a
267-5 gambling place;
267-6 (2) engages in bookmaking;
267-7 (3) for gain, becomes a custodian of anything of value
267-8 bet or offered to be bet;
267-9 (4) sells chances on the partial or final result of or
267-10 on the margin of victory in any game or contest or on the
267-11 performance of any participant in any game or contest or on the
267-12 result of any political nomination, appointment, or election or on
267-13 the degree of success of any nominee, appointee, or candidate; or
267-14 (5) for gain, sets up or promotes any lottery or sells
267-15 or offers to sell or knowingly possesses for transfer, or transfers
267-16 any card, stub, ticket, check, or other device designed to serve as
267-17 evidence of participation in any lottery.
267-18 (b) <In this section "bookmaking" means:>
267-19 <(1) the receiving and recording of or the forwarding
267-20 of more than five bets or offers to bet in one 24-hour period;>
267-21 <(2) the receiving and recording of or the forwarding
267-22 of bets or offers to bet totalling more than $1,000 in one 24-hour
267-23 period; or>
267-24 <(3) a scheme by three or more persons to receive,
267-25 record, or forward bets or offers to bet.>
267-26 <(c)> An offense under this section is a Class A misdemeanor
267-27 <felony of the third degree>.
268-1 Sec. 47.04. Keeping a Gambling Place. (a) A person commits
268-2 an offense if he knowingly uses or permits another to use as a
268-3 gambling place any real estate, building, room, tent, vehicle,
268-4 boat, or other property whatsoever owned by him or under his
268-5 control, or rents or lets any such property with a view or
268-6 expectation that it be so used.
268-7 (b) It is an affirmative defense to prosecution under this
268-8 section that:
268-9 (1) the <actor engaged in> gambling occurred in a
268-10 private place;
268-11 (2) no person received any economic benefit other than
268-12 personal winnings; and
268-13 (3) except for the advantage of skill or luck, the
268-14 risks of losing and the chances of winning were the same for all
268-15 participants.
268-16 (c) <It is an affirmative defense to prosecution under this
268-17 section that the gambling place is aboard an ocean-going vessel
268-18 that enters the territorial waters of this state to call at a port
268-19 in this state if:>
268-20 <(1) before the vessel enters the territorial waters
268-21 of this state, the district attorney or, if there is no district
268-22 attorney, the county attorney for the county in which the port is
268-23 located receives notice of the existence of the gambling place on
268-24 board the vessel and of the anticipated dates on which the vessel
268-25 will enter and leave the territorial waters of this state;>
268-26 <(2) the portion of the vessel that is used as a
268-27 gambling place is locked or otherwise physically secured in a
269-1 manner that makes the area inaccessible to anyone other than the
269-2 master and crew of the vessel at all times while the vessel is in
269-3 the territorial waters of this state;>
269-4 <(3) no person other than the master and crew of the
269-5 vessel is permitted to enter or view the gambling place while the
269-6 vessel is in the territorial waters of this state; and>
269-7 <(4) the gambling place is not used for gambling or
269-8 other gaming purposes while the vessel is in the territorial waters
269-9 of this state.>
269-10 <(d)> An offense under this section is a Class A misdemeanor
269-11 <felony of the third degree>.
269-12 Sec. 47.05. Communicating Gambling Information. (a) A
269-13 person commits an offense if, with the intent to further gambling,
269-14 he knowingly communicates information as to bets, betting odds, or
269-15 changes in betting odds or he knowingly provides, installs, or
269-16 maintains equipment for the transmission or receipt of such
269-17 information.
269-18 (b) It is an exception to the application of Subsection (a)
269-19 that the information communicated is intended for use in placing a
269-20 lawful wager under Article 11, Texas Racing Act (Article 179e,
269-21 Vernon's Texas Civil Statutes), and is not communicated in
269-22 violation of Section 14.01 of that Act.
269-23 (c) An offense under this section is a Class A misdemeanor
269-24 <felony of the third degree>.
269-25 Sec. 47.06. POSSESSION OF GAMBLING DEVICE, <OR> EQUIPMENT,
269-26 OR PARAPHERNALIA. (a) A person commits an offense if, with the
269-27 intent to further gambling, he knowingly owns, manufactures,
270-1 transfers, or possesses any gambling device that he knows is
270-2 designed for gambling purposes or any equipment that he knows is
270-3 designed as a subassembly or essential part of a gambling device.
270-4 (b) A person commits an offense if, with the intent to
270-5 further gambling, he knowingly owns, manufactures, transfers
270-6 commercially, or possesses any altered gambling equipment that he
270-7 knows is designed for gambling purposes or any equipment that he
270-8 knows is designed as a subassembly or essential part of such
270-9 device.
270-10 (c) A person commits an offense if, with the intent to
270-11 further gambling, the person knowingly owns, manufactures,
270-12 transfers commercially, or possesses gambling paraphernalia.
270-13 (d) It is a defense to prosecution under Subsections (a) and
270-14 (c) that:
270-15 (1) the device, equipment, or paraphernalia is used
270-16 for or is intended for use in gambling that is to occur entirely in
270-17 a private place;
270-18 (2) a person involved in the gambling does not receive
270-19 any economic benefit other than personal winnings; and
270-20 (3) except for the advantage of skill or luck, the
270-21 chance of winning is the same for all participants. <It is an
270-22 affirmative defense to prosecution under this section that the
270-23 device or equipment is aboard an ocean-going vessel that enters the
270-24 territorial waters of this state to call at a port in this state
270-25 if:>
270-26 <(1) before the vessel enters the territorial waters
270-27 of this state, the district attorney or, if there is no district
271-1 attorney, the county attorney for the county in which the port is
271-2 located receives notice of the existence of the device or equipment
271-3 on board the vessel and of the anticipated dates on which the
271-4 vessel will enter and leave the territorial waters of this state;>
271-5 <(2) the portion of the vessel in which the device or
271-6 equipment is located is locked or otherwise physically secured in a
271-7 manner that makes the area inaccessible to anyone other than the
271-8 master and crew of the vessel at all times while the vessel is in
271-9 the territorial waters of this state;>
271-10 <(3) no person other than the master and crew of the
271-11 vessel is permitted to enter or view the portion of the vessel in
271-12 which the device or equipment is located while the vessel is in the
271-13 territorial waters of this state; and>
271-14 <(4) the device or equipment is not used for gambling
271-15 or other gaming purposes while the vessel is in the territorial
271-16 waters of this state.>
271-17 <(d) It is a defense to prosecution under this section that
271-18 the gambling device is 15 years old or older and not used for
271-19 gambling, gambling promotion, or keeping a gambling place under
271-20 Sections 47.02, 47.03, and 47.04, respectively, of this code, and
271-21 that the party possessing same:>
271-22 <(1) within 30 days after coming into possession of
271-23 same or the effective date of this amendment, whichever last
271-24 occurs, furnished the following information to the sheriff of the
271-25 county wherein such device is to be maintained:>
271-26 <(A) the name and address of the party
271-27 possessing same;>
272-1 <(B) the name of the manufacturer, date of
272-2 manufacture, and serial number of the device, if available; and>
272-3 <(2) within 30 days of the transfer of such device
272-4 advises the sheriff of the county to whom the information provided
272-5 for in item (1) above was furnished of the name and address of the
272-6 transferee.>
272-7 (e) An offense under this section is a Class A misdemeanor
272-8 <felony of the third degree>.
272-9 (f) It is a defense to prosecution under Subsection (a) or
272-10 (c) <of this section> that the person owned, manufactured,
272-11 transferred, or possessed the gambling device, <or> equipment, or
272-12 paraphernalia for the sole purpose of shipping it to another
272-13 jurisdiction where the possession or use of the device, <or>
272-14 equipment, or paraphernalia was legal.
272-15 (g) A district or county attorney is not required to have a
272-16 search warrant or subpoena to inspect a gambling device or gambling
272-17 equipment or paraphernalia on an ocean-going vessel that enters the
272-18 territorial waters of this state to call at a port in this state
272-19 <It is a defense to prosecution for an offense under this chapter
272-20 that the conduct was authorized, directly or indirectly, by the
272-21 State Lottery Act, the lottery division in the office of the
272-22 comptroller, the comptroller, or the director of the lottery
272-23 division>.
272-24 Sec. 47.07. <POSSESSION OF GAMBLING PARAPHERNALIA. (a) A
272-25 person commits an offense if, with the intent to further gambling,
272-26 he knowingly owns, manufactures, transfers commercially, or
272-27 possesses gambling paraphernalia.>
273-1 <(b) It is an affirmative defense to prosecution under this
273-2 section that the gambling paraphernalia is aboard an ocean-going
273-3 vessel that enters the territorial waters of this state to call at
273-4 a port in this state if:>
273-5 <(1) before the vessel enters the territorial waters
273-6 of this state, the district attorney or, if there is no district
273-7 attorney, the county attorney for the county in which the port is
273-8 located receives notice of the existence of the gambling
273-9 paraphernalia on board the vessel and of the anticipated dates on
273-10 which the vessel will enter and leave the territorial waters of
273-11 this state;>
273-12 <(2) the portion of the vessel in which the gambling
273-13 paraphernalia is located is locked or otherwise physically secured
273-14 in a manner that makes the area inaccessible to anyone other than
273-15 the master and crew of the vessel at all times while the vessel is
273-16 in the territorial waters of this state;>
273-17 <(3) no person other than the master and crew of the
273-18 vessel is permitted to enter or view the portion of the vessel in
273-19 which the gambling paraphernalia is located while the vessel is in
273-20 the territorial waters of this state; and>
273-21 <(4) the gambling paraphernalia is not used for
273-22 gambling or other gaming purposes while the vessel is in the
273-23 territorial waters of this state.>
273-24 <(c) An offense under this section is a Class A misdemeanor.>
273-25 <(d) The district or county attorney shall not be required
273-26 to have a search warrant or subpoena to enter the vessel to inspect
273-27 the gambling paraphernalia.>
274-1 <(e) It is a defense to prosecution under this section that
274-2 the person owned, manufactured, transferred commercially, or
274-3 possessed the gambling paraphernalia for the sole purpose of
274-4 shipping it to another jurisdiction where the possession or use of
274-5 the paraphernalia was legal.>
274-6 <Sec. 47.08.> Evidence. <(a) Proof that an actor
274-7 communicated gambling information or possessed a gambling device,
274-8 equipment, or paraphernalia is prima facie evidence that the actor
274-9 did so knowingly and with the intent to further gambling.>
274-10 <(b)> In any prosecution under this chapter in which it is
274-11 relevant to prove the occurrence of a sporting event, a published
274-12 report of its occurrence in a daily newspaper, magazine, or other
274-13 periodically printed publication of general circulation shall be
274-14 admissible in evidence and is prima facie evidence that the event
274-15 occurred.
274-16 Sec. 47.08 <47.09>. Testimonial Immunity. (a) A party to
274-17 an offense under this chapter may be required to furnish evidence
274-18 or testify about the offense.
274-19 (b) A party to an offense under this chapter may not be
274-20 prosecuted for any offense about which he is required to furnish
274-21 evidence or testify, and the evidence and testimony may not be used
274-22 against the party in any adjudicatory proceeding except a
274-23 prosecution for aggravated perjury.
274-24 (c) For purposes of this section, "adjudicatory proceeding"
274-25 means a proceeding before a court or any other agency of government
274-26 in which the legal rights, powers, duties, or privileges of
274-27 specified parties are determined.
275-1 (d) A conviction under this chapter may be had upon the
275-2 uncorroborated testimony of a party to the offense.
275-3 Sec. 47.09. OTHER DEFENSES. (a) It is a defense to
275-4 prosecution under this chapter that the conduct:
275-5 (1) was authorized under:
275-6 (A) the Bingo Enabling Act (Article 179d,
275-7 Vernon's Texas Civil Statutes);
275-8 (B) the Texas Racing Act (Article 179e, Vernon's
275-9 Texas Civil Statutes); or
275-10 (C) the Charitable Raffle Enabling Act (Article
275-11 179f, Revised Statutes);
275-12 (2) consisted entirely of participation in the state
275-13 lottery authorized by the State Lottery Act (Article 179g, Vernon's
275-14 Texas Civil Statutes); or
275-15 (3) was a necessary incident to the operation of the
275-16 state lottery and was directly or indirectly authorized by the:
275-17 (A) State Lottery Act;
275-18 (B) lottery division of the comptroller's
275-19 office;
275-20 (C) comptroller; or
275-21 (D) director of the lottery division.
275-22 (b) It is an affirmative defense to prosecution under
275-23 Sections 47.04, 47.06(a), and 47.06(c) that the gambling device,
275-24 equipment, or paraphernalia is aboard an ocean-going vessel that
275-25 enters the territorial waters of this state to call at a port in
275-26 this state if:
275-27 (1) before the vessel enters the territorial waters of
276-1 this state, the district attorney or, if there is no district
276-2 attorney, the county attorney for the county in which the port is
276-3 located receives notice of the existence of the device, equipment,
276-4 or paraphernalia on board the vessel and of the anticipated dates
276-5 on which the vessel will enter and leave the territorial waters of
276-6 this state;
276-7 (2) the portion of the vessel in which the device,
276-8 equipment, or paraphernalia is located is locked or otherwise
276-9 physically secured in a manner that makes the area inaccessible to
276-10 anyone other than the master and crew of the vessel at all times
276-11 while the vessel is in the territorial waters of this state;
276-12 (3) no person other than the master and crew of the
276-13 vessel is permitted to enter or view the portion of the vessel in
276-14 which the device, equipment, or paraphernalia is located while the
276-15 vessel is in the territorial waters of this state; and
276-16 (4) the device, equipment, or paraphernalia is not
276-17 used for gambling or other gaming purposes while the vessel is in
276-18 the territorial waters of this state.
276-19 Sec. 47.10. <BINGO. It is a defense to prosecution for an
276-20 offense under this chapter that the conduct was authorized under
276-21 the Bingo Enabling Act.>
276-22 <Sec. 47.11. PARI-MUTUEL WAGERING ON CERTAIN RACES. It is a
276-23 defense to prosecution for an offense under this chapter that the
276-24 conduct was authorized under the Texas Racing Act.>
276-25 <Sec. 47.12. RAFFLE BY NONPROFIT ORGANIZATION. It is a
276-26 defense to prosecution under this chapter that the conduct was
276-27 authorized by the Charitable Raffle Enabling Act (Article 179f,
277-1 Revised Statutes).>
277-2 <Sec. 47.13.> American Documentation of Vessel Required. If
277-3 18 U.S.C. Section 1082 is repealed, the affirmative defenses
277-4 provided by Section 47.09(b) <Sections 47.04(c), 47.06(c), and
277-5 47.07(b) of this code> apply only if the vessel is documented under
277-6 the laws of the United States.
277-7 <Sec. 47.14. STATE LOTTERY. It is a defense to prosecution
277-8 for an offense under this chapter that the conduct:>
277-9 <(1) consisted entirely of participation in the state
277-10 lottery authorized by the State Lottery Act; or>
277-11 <(2) was a necessary incident to the operation of the
277-12 state lottery and was authorized, directly or indirectly, by the
277-13 State Lottery Act, the lottery division in the office of the
277-14 comptroller, the comptroller, or the director of the lottery
277-15 division.>
277-16 CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH
277-17 Sec. 48.01. Smoking Tobacco. (a) A person commits an
277-18 offense if he is in possession of a burning tobacco product or
277-19 smokes tobacco in a facility of a public primary or secondary
277-20 school or an elevator, enclosed theater or movie house, library,
277-21 museum, hospital, transit system bus, or intrastate bus, as defined
277-22 by Section 4(b) of the Uniform Act Regulating Traffic on Highways
277-23 (Article 6701d, Vernon's Texas Civil Statutes), plane, or train
277-24 which is a public place.
277-25 (b) It is a defense to prosecution under this section that
277-26 the conveyance or public place in which the offense takes place
277-27 does not have prominently displayed a reasonably sized notice that
278-1 smoking is prohibited by state law in such conveyance or public
278-2 place and that an offense is punishable by a fine not to exceed
278-3 $500.
278-4 (c) All conveyances and public places set out in Subsection
278-5 (a) of Section 48.01 shall be equipped with facilities for
278-6 extinguishment of smoking materials and it shall be a defense to
278-7 prosecution under this section if the conveyance or public place
278-8 within which the offense takes place is not so equipped.
278-9 (d) It is an exception to the application of Subsection (a)
278-10 if the person is in possession of the burning tobacco product or
278-11 smokes tobacco exclusively within an area designated for smoking
278-12 tobacco or as a participant in an authorized theatrical
278-13 performance.
278-14 (e) An area designated for smoking tobacco on a transit
278-15 system bus or intrastate plane or train must also include the area
278-16 occupied by the operator of the transit system bus, plane, or
278-17 train.
278-18 (f) An offense under this section is punishable as a Class C
278-19 misdemeanor.
278-20 Sec. 48.02. Prohibition of the Purchase and Sale of Human
278-21 Organs. (a) "Human organ" means the human kidney, liver, heart,
278-22 lung, pancreas, eye, bone, skin, fetal tissue, or any other human
278-23 organ or tissue, but does not include hair or blood, blood
278-24 components (including plasma), blood derivatives, or blood
278-25 reagents.
278-26 (b) A person commits an offense if he or she knowingly or
278-27 intentionally offers to buy, offers to sell, acquires, receives,
279-1 sells, or otherwise transfers any human organ for valuable
279-2 consideration.
279-3 (c) It is an exception to the application of this section
279-4 that the valuable consideration is: (1) a fee paid to a physician
279-5 or to other medical personnel for services rendered in the usual
279-6 course of medical practice or a fee paid for hospital or other
279-7 clinical services; (2) reimbursement of legal or medical expenses
279-8 incurred for the benefit of the ultimate receiver of the organ; or
279-9 (3) reimbursement of expenses of travel, housing, and lost wages
279-10 incurred by the donor of a human organ in connection with the
279-11 donation of the organ.
279-12 (d) A violation of this section is a Class A misdemeanor
279-13 <felony of the third degree>.
279-14 CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
279-15 Sec. 49.01. DEFINITIONS. In this chapter:
279-16 (1) "Alcohol concentration" means the number of grams
279-17 of alcohol per:
279-18 (A) 210 liters of breath;
279-19 (B) 100 milliliters of blood; or
279-20 (C) 67 milliliters of urine.
279-21 (2) "Intoxicated" means:
279-22 (A) not having the normal use of mental or
279-23 physical faculties by reason of the introduction of alcohol, a
279-24 controlled substance, a drug, a dangerous drug, a combination of
279-25 two or more of those substances, or any other substance into the
279-26 body; or
279-27 (B) having an alcohol concentration of 0.10 or
280-1 more.
280-2 (3) "Motor vehicle" has the meaning assigned by
280-3 Section 32.34(a).
280-4 (4) "Watercraft" means a vessel, one or more water
280-5 skis, an aquaplane, or another device used for transporting or
280-6 carrying a person on water, other than a device propelled only by
280-7 the current of water.
280-8 Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an
280-9 offense if the person appears in a public place while intoxicated
280-10 to the degree that the person may endanger the person or another.
280-11 (b) It is a defense to prosecution under this section that
280-12 the alcohol or other substance was administered for therapeutic
280-13 purposes and as a part of the person's professional medical
280-14 treatment by a licensed physician.
280-15 (c) An offense under this section is a Class C misdemeanor.
280-16 (d) An offense under this section is not a lesser included
280-17 offense under Section 49.04.
280-18 Sec. 49.03. CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
280-19 IN MOTOR VEHICLE. (a) A person commits an offense if the person
280-20 consumes an alcoholic beverage while operating a motor vehicle in a
280-21 public place.
280-22 (b) A person commits an offense if the person operates or
280-23 travels in a motor vehicle in a public place and the motor vehicle
280-24 has, present in the passenger portion of the vehicle, a bottle,
280-25 can, or other receptacle that contains an alcoholic beverage that
280-26 is open.
280-27 (c) Subsection (b) does not apply if the alcoholic beverage
281-1 is in the possession:
281-2 (1) of a passenger in the living quarters of a house
281-3 trailer; or
281-4 (2) of a passenger, other than the owner, who has
281-5 hired the vehicle and the vehicle is owned or operated by a person
281-6 engaged in the business of transporting passengers for
281-7 compensation.
281-8 (d) Subsection (b) does not apply if the alcoholic beverage
281-9 is in the possession of a doctor or patient carrying alcoholic
281-10 beverages for therapeutic purposes.
281-11 (e) Subsection (b) does not apply if the alcoholic beverage
281-12 is in the possession of a minister, priest, rabbi, accredited
281-13 Christian Science practitioner, or other similar functionary of a
281-14 religious organization who is carrying it for religious purposes.
281-15 (f) It is an affirmative defense to prosecution under
281-16 Subsection (b) that the defendant did not know that the motor
281-17 vehicle had, present in the passenger portion of the vehicle, the
281-18 bottle, can, or other receptacle that contained the alcoholic
281-19 beverage.
281-20 (g) An offense under this section is a Class C misdemeanor.
281-21 Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person
281-22 commits an offense if the person is intoxicated while driving or
281-23 operating a motor vehicle in a public place.
281-24 (b) Except as provided by Section 49.09, an offense under
281-25 this section is a Class B misdemeanor, with a minimum term of
281-26 confinement of 72 hours.
281-27 Sec. 49.05. FLYING WHILE INTOXICATED. (a) A person commits
282-1 an offense if the person is intoxicated while operating an
282-2 aircraft.
282-3 (b) Except as provided by Section 49.09, an offense under
282-4 this section is a Class B misdemeanor, with a minimum term of
282-5 confinement of 72 hours.
282-6 Sec. 49.06. BOATING WHILE INTOXICATED. (a) A person
282-7 commits an offense if the person is intoxicated while operating a
282-8 watercraft.
282-9 (b) Except as provided by Section 49.09, an offense under
282-10 this section is a Class B misdemeanor, with a minimum term of
282-11 confinement of 72 hours.
282-12 Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an
282-13 offense if the person, by accident or mistake, while operating an
282-14 aircraft, watercraft, or motor vehicle in a public place while
282-15 intoxicated, by reason of that intoxication causes serious bodily
282-16 injury to another.
282-17 (b) In this section, "serious bodily injury" means injury
282-18 that creates a substantial risk of death or that causes serious
282-19 permanent disfigurement or protracted loss or impairment of the
282-20 function of any bodily member or organ.
282-21 (c) An offense under this section is a felony of the third
282-22 degree.
282-23 Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) A person
282-24 commits an offense if the person:
282-25 (1) operates a motor vehicle in a public place, an
282-26 aircraft, or a watercraft; and
282-27 (2) is intoxicated and by reason of that intoxication
283-1 causes the death of another by accident or mistake.
283-2 (b) An offense under this section is a felony of the second
283-3 degree.
283-4 Sec. 49.09. ENHANCED OFFENSES AND PENALTIES. (a) If it is
283-5 shown on the trial of an offense under Section 49.04, 49.05, or
283-6 49.06 that the person has previously been convicted one time of an
283-7 offense relating to the driving or operating of a motor vehicle
283-8 while intoxicated, an offense of operating an aircraft while
283-9 intoxicated, or an offense of operating a watercraft while
283-10 intoxicated, the offense is a Class A misdemeanor, with a minimum
283-11 term of confinement of 15 days.
283-12 (b) If it is shown on the trial of an offense under Section
283-13 49.04, 49.05, or 49.06 that the person has previously been
283-14 convicted two times of an offense relating to the driving or
283-15 operating of a motor vehicle while intoxicated, an offense of
283-16 operating an aircraft while intoxicated, or an offense of operating
283-17 a watercraft while intoxicated, the offense is a felony of the
283-18 third degree.
283-19 (c) For the purposes of this section:
283-20 (1) "Offense relating to the driving or operating of a
283-21 motor vehicle while intoxicated" means:
283-22 (A) an offense under Section 49.04;
283-23 (B) an offense under Article 6701l-1, Revised
283-24 Statutes, as that law existed before __________;
283-25 (C) an offense under Article 6701l-2, Revised
283-26 Statutes, as that law existed before January 1, 1984; or
283-27 (D) an offense under the laws of another state
284-1 that prohibit the operation of a motor vehicle while intoxicated.
284-2 (2) "Offense of operating an aircraft while
284-3 intoxicated" means:
284-4 (A) an offense under Section 49.05;
284-5 (B) an offense under Section 1, Chapter 46, Acts
284-6 of the 58th Legislature, Regular Session, 1963 (Article 46f-3,
284-7 Vernon's Texas Civil Statutes), as that law existed before
284-8 __________; or
284-9 (C) an offense under the laws of another state
284-10 that prohibit the operation of an aircraft while intoxicated.
284-11 (3) "Offense of operating a watercraft while
284-12 intoxicated" means:
284-13 (A) an offense under Section 49.06;
284-14 (B) an offense under Section 31.097, Parks and
284-15 Wildlife Code, as that law existed before __________; or
284-16 (C) an offense under the laws of another state
284-17 that prohibit the operation of a watercraft while intoxicated.
284-18 (d) For the purposes of this section, a conviction for an
284-19 offense under Section 49.04, 49.05, or 49.06 that occurs on or
284-20 after __________ is a final conviction, whether the sentence for
284-21 the conviction is imposed or probated.
284-22 (e) A conviction may not be used for purposes of enhancement
284-23 under this section if:
284-24 (1) the conviction was a final conviction under
284-25 Subsection (e) of this section and was for an offense committed
284-26 more than 10 years before the offense for which the person is being
284-27 tried was committed; and
285-1 (2) the person has not been convicted of an offense
285-2 under Section 49.04, 49.05, or 49.06 committed within 10 years
285-3 before the date on which the offense for which the person is being
285-4 tried was committed.
285-5 Sec. 49.10. NO DEFENSE. In a prosecution under Section
285-6 49.03, 49.04, 49.05, 49.06, 49.07, or 49.08, the fact that the
285-7 defendant is or has been entitled to use the alcohol, controlled
285-8 substance, drug, dangerous drug, or other substance is not a
285-9 defense.
285-10 TITLE 11. ORGANIZED CRIME
285-11 <AND CRIMINAL STREET GANGS>
285-12 CHAPTER 71. ORGANIZED CRIME <AND CRIMINAL STREET GANGS>
285-13 Sec. 71.01. DEFINITIONS. In this chapter,
285-14 (a) "Combination" means three or more persons who
285-15 collaborate in carrying on criminal activities, although:
285-16 (1) participants may not know each other's identity;
285-17 (2) membership in the combination may change from time
285-18 to time; and
285-19 (3) participants may stand in a wholesaler-retailer or
285-20 other arm's-length relationship in illicit distribution operations.
285-21 (b) "Conspires to commit" means that a person agrees with
285-22 one or more persons that they or one or more of them engage in
285-23 conduct that would constitute the offense and that person and one
285-24 or more of them perform an overt act in pursuance of the agreement.
285-25 An agreement constituting conspiring to commit may be inferred from
285-26 the acts of the parties.
285-27 (c) "Profits" means property constituting or derived from
286-1 any proceeds obtained, directly or indirectly, from an offense
286-2 listed in Section 71.02 <of this code>.
286-3 <(d) "Criminal street gang" means three or more persons
286-4 having a common identifying sign or symbol or an identifiable
286-5 leadership who continuously or regularly associate in the
286-6 commission of criminal activities.>
286-7 Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (a) A
286-8 person commits an offense if, with the intent to establish,
286-9 maintain, or participate in a combination or in the profits of a
286-10 combination <or as a member of a criminal street gang>, he commits
286-11 or conspires to commit one or more of the following:
286-12 (1) murder, capital murder, arson, aggravated robbery,
286-13 robbery, burglary, theft, aggravated kidnapping, kidnapping,
286-14 aggravated assault, aggravated sexual assault, sexual assault, or
286-15 forgery;
286-16 (2) any <felony> gambling offense punishable as a
286-17 Class A misdemeanor;
286-18 (3) promotion of prostitution, aggravated promotion of
286-19 prostitution, or compelling prostitution;
286-20 (4) unlawful manufacture, transportation, repair, or
286-21 sale of firearms or prohibited weapons;
286-22 (5) unlawful manufacture, delivery, dispensation, or
286-23 distribution of a controlled substance or dangerous drug, or
286-24 unlawful possession of a controlled substance or dangerous drug
286-25 through forgery, fraud, misrepresentation, or deception;
286-26 (6) any unlawful wholesale promotion or possession of
286-27 any obscene material or obscene device with the intent to wholesale
287-1 promote the same;
287-2 (7) any unlawful employment, authorization, or
287-3 inducing of a child younger than 17 years of age in an obscene
287-4 sexual performance;
287-5 (8) any felony offense under Chapter 32, Penal Code;
287-6 or
287-7 (9) any offense under Chapter 36, Penal Code.
287-8 (b) Except as provided in Subsections <Subsection> (c) and
287-9 (d) <of this section>, an offense under this section is one
287-10 category higher than the most serious offense listed in
287-11 <Subdivisions (1) through (9) of> Subsection (a) <of this section>
287-12 that was committed, and if the most serious offense is a Class A
287-13 misdemeanor, the offense is a felony of the fourth <third> degree,
287-14 except that if the most serious offense is a felony of the first
287-15 degree, the offense is a felony of the first degree.
287-16 (c) Conspiring to commit an offense under this section is of
287-17 the same degree as the most serious offense listed in <Subdivisions
287-18 (1) through (9) of> Subsection (a) <of this section> that the
287-19 person conspired to commit.
287-20 (d) At the punishment stage of a trial, the defendant may
287-21 raise the issue as to whether in voluntary and complete
287-22 renunciation of the offense he withdrew from the combination before
287-23 commission of an offense listed in Subsection (a) and made
287-24 substantial effort to prevent the commission of the offense. If
287-25 the defendant proves the issue in the affirmative by a
287-26 preponderance of the evidence the offense is the same category of
287-27 offense as the most serious offense committed, unless the defendant
288-1 is convicted of conspiring to commit the offense, in which event
288-2 the offense is one category lower than the most serious offense
288-3 that the defendant conspired to commit.
288-4 Sec. 71.03. Defenses Excluded. It is no defense to
288-5 prosecution under Section 71.02 <of this code> that:
288-6 (1) one or more members of the combination are not
288-7 criminally responsible for the object offense;
288-8 (2) one or more members of the combination have been
288-9 acquitted, have not been prosecuted or convicted, have been
288-10 convicted of a different offense, or are immune from prosecution;
288-11 (3) a person has been charged with, acquitted, or
288-12 convicted of any offense listed in Subsection (a) of Section 71.02
288-13 <of this code>; or
288-14 (4) once the initial combination of three <five> or
288-15 more persons is formed there is a change in the number or identity
288-16 of persons in the combination as long as two or more persons remain
288-17 in the combination and are involved in a continuing course of
288-18 conduct constituting an offense under this chapter.
288-19 Sec. 71.04. Testimonial Immunity. (a) A party to an
288-20 offense under this chapter may be required to furnish evidence or
288-21 testify about the offense.
288-22 (b) No evidence or testimony required to be furnished under
288-23 the provisions of this section nor any information directly or
288-24 indirectly derived from such evidence or testimony may be used
288-25 against the witness in any criminal case, except a prosecution for
288-26 aggravated perjury or contempt.
288-27 Sec. 71.05. Renunciation Defense. (a) It is an affirmative
289-1 defense to prosecution under Section 71.02 <of this code> that
289-2 under circumstances manifesting a voluntary and complete
289-3 renunciation of his criminal objective the actor withdrew from the
289-4 combination before commission of an offense listed in <Subdivisions
289-5 (1) through (7) of> Subsection (a) of Section 71.02 <of this code>
289-6 and took further affirmative action that prevented the commission
289-7 of the offense.
289-8 (b) For the purposes of this section and Section 71.02(d),
289-9 renunciation <Renunciation> is not voluntary if it is motivated in
289-10 whole or in part:
289-11 (1) by circumstances not present or apparent at the
289-12 inception of the actor's course of conduct that increase the
289-13 probability of detection or apprehension or that make more
289-14 difficult the accomplishment of the objective; or
289-15 (2) by a decision to postpone the criminal conduct
289-16 until another time or to transfer the criminal act to another but
289-17 similar objective or victim.
289-18 <(c) Evidence that the defendant withdrew from the
289-19 combination before commission of an offense listed in Subdivisions
289-20 (1) through (7) of Subsection (a) of Section 71.02 of this code and
289-21 made substantial effort to prevent the commission of an offense
289-22 listed in Subdivisions (1) through (7) of Subsection (a) of Section
289-23 71.02 of this code shall be admissible as mitigation at the hearing
289-24 on punishment if he has been found guilty under Section 71.02 of
289-25 this code, and in the event of a finding of renunciation under this
289-26 subsection, the punishment shall be one grade lower than that
289-27 provided under Section 71.02 of this code.>
290-1 SECTION 1.02. (a) Section 5, Chapter 275, Acts of the 67th
290-2 Legislature, Regular Session, 1981, and Section 1, Chapter 587,
290-3 Acts of the 69th Legislature, Regular Session, 1985, are repealed.
290-4 (b) Section 16.02, Penal Code, as amended by this Act, and
290-5 Article 18.20, Code of Criminal Procedure, are repealed effective
290-6 September 1, 2001.
290-7 SECTION 1.03. Chapter 3, Code of Criminal Procedure, is
290-8 amended by adding Article 3.04 to read as follows:
290-9 Art. 3.04. OFFICIAL MISCONDUCT. In this code:
290-10 (1) "Official misconduct" means an offense that is an
290-11 intentional or knowing violation of a law committed by a public
290-12 servant while acting in an official capacity as a public servant.
290-13 (2) "Public servant" has the meaning assigned by
290-14 Section 1.07, Penal Code.
290-15 SECTION 1.04. Chapter 14, Code of Criminal Procedure, is
290-16 amended by adding Article 14.031 to read as follows:
290-17 Art. 14.031. PUBLIC INTOXICATION. (a) In lieu of arresting
290-18 an individual who commits an offense under Section 49.02, Penal
290-19 Code, a peace officer may release an individual if:
290-20 (1) the officer believes detention in a penal facility
290-21 is unnecessary for the protection of the individual or others; and
290-22 (2) the individual:
290-23 (A) is released to the care of an adult who
290-24 agrees to assume responsibility for the individual; or
290-25 (B) verbally consents to voluntary treatment for
290-26 chemical dependency in a program in a treatment facility licensed
290-27 and approved by the Texas Commission on Alcohol and Drug Abuse, and
291-1 the program admits the individual for treatment.
291-2 (b) A magistrate may release from custody an individual
291-3 arrested under Section 49.02, Penal Code, if the magistrate
291-4 determines the individual meets the conditions required for release
291-5 in lieu of arrest under Subsection (a) of this article.
291-6 (c) The release of an individual under Subsection (a) or (b)
291-7 of this article to an alcohol or drug treatment program may not be
291-8 considered by a peace officer or magistrate in determining whether
291-9 the individual should be released to such a program for a
291-10 subsequent incident or arrest under Section 49.02, Penal Code.
291-11 (d) A peace officer and the agency or political subdivision
291-12 that employs the peace officer may not be held liable for damage to
291-13 persons or property that results from the actions of an individual
291-14 released under Subsection (a) or (b) of this article.
291-15 SECTION 1.05. Article 14.06(b), Code of Criminal Procedure,
291-16 is amended to read as follows:
291-17 (b) A peace officer who is charging a person with committing
291-18 an offense that is a Class C misdemeanor, other than an offense
291-19 under Section 49.02 <42.08>, Penal Code, may, instead of taking the
291-20 person before a magistrate, issue a citation to the person that
291-21 contains written notice of the time and place the person must
291-22 appear before a magistrate, the name and address of the person
291-23 charged, and the offense charged.
291-24 SECTION 1.06. Subchapter A, Chapter 102, Code of Criminal
291-25 Procedure, is amended by adding Article 102.017 to read as follows:
291-26 Art. 102.017. COSTS ATTENDANT TO INTOXICATION CONVICTIONS.
291-27 (a) Except as provided by Subsection (d) of this article, on
292-1 conviction of an offense relating to the driving or operating of a
292-2 motor vehicle under Section 49.04, Penal Code, the court shall
292-3 impose a cost of $15 on a defendant if, subsequent to the arrest of
292-4 the defendant, a law enforcement agency visually recorded the
292-5 defendant with an electronic device. Costs imposed under this
292-6 subsection are in addition to other court costs and are due whether
292-7 or not the defendant is granted probation in the case. The court
292-8 shall collect the costs in the same manner as other costs are
292-9 collected in the case.
292-10 (b) Except as provided by Subsection (d) of this article, on
292-11 conviction of an offense relating to the driving or operating of a
292-12 motor vehicle punishable under Section 49.04(b), Penal Code, the
292-13 court shall impose as a cost of court on the defendant an amount
292-14 that is equal to the cost of an evaluation of the defendant
292-15 performed under Section 13(a), Article 42.12, of this code. Costs
292-16 imposed under this subsection are in addition to other court costs
292-17 and are due whether or not the defendant is granted probation in
292-18 the case, except that if the court determines that the defendant is
292-19 indigent and unable to pay the cost, the court may waive the
292-20 imposition of the cost.
292-21 (c)(1) Except as provided by Subsection (d) of this article,
292-22 if a person commits an offense under Chapter 49, Penal Code, and as
292-23 a direct result of the offense the person causes an incident
292-24 resulting in an accident response by a public agency, the person is
292-25 liable on conviction for the offense for the reasonable expense to
292-26 the agency of the accident response. In this article, a person is
292-27 considered to have been convicted in a case if:
293-1 (A) sentence is imposed;
293-2 (B) the defendant receives probation or deferred
293-3 adjudication; or
293-4 (C) the court defers final disposition of the
293-5 case.
293-6 (2) The liability authorized by this subsection may be
293-7 established by civil suit; however, if a determination is made
293-8 during a criminal trial that a person committed an offense under
293-9 Chapter 49, Penal Code, and as a direct result of the offense the
293-10 person caused an incident resulting in an accident response by a
293-11 public agency, the court may include the obligation for the
293-12 liability as part of the judgment. A judgment that includes such
293-13 an obligation is enforceable as any other judgment.
293-14 (3) The liability is a debt of the person to the
293-15 public agency, and the public agency may collect the debt in the
293-16 same manner as the public agency collects an express or implied
293-17 contractual obligation to the agency.
293-18 (4) A person's liability under this subsection for the
293-19 reasonable expense of an accident response may not exceed $1,000
293-20 for a particular incident. For the purposes of this subdivision, a
293-21 reasonable expense for an accident response includes only those
293-22 costs to the public agency arising directly from an accident
293-23 response to a particular incident, such as the cost of providing
293-24 police, fire-fighting, rescue, ambulance, and emergency medical
293-25 services at the scene of the incident and the salaries of the
293-26 personnel of the public agency responding to the incident.
293-27 (5) A bill for the expense of an accident response
294-1 sent to a person by a public agency under this subsection must
294-2 contain an itemized accounting of the components of the total
294-3 charge. A bill that complies with this subdivision is prima facie
294-4 evidence of the reasonableness of the costs incurred in the
294-5 accident response to which the bill applies.
294-6 (6) A policy of motor vehicle insurance delivered,
294-7 issued for delivery, or renewed in this state may not cover payment
294-8 of expenses charged to a person under this subsection.
294-9 (7) In this subsection, "public agency" means the
294-10 state, a county, a municipality district, or a public authority
294-11 located in whole or in part in this state that provides police,
294-12 fire-fighting, rescue, ambulance, or emergency medical services.
294-13 (d) Subsections (a), (b), and (c) of this article do not
294-14 apply to an offense under Section 49.02 or 49.03, Penal Code.
294-15 SECTION 1.07. Subsection (g), Section 24, Chapter 173, Acts
294-16 of the 47th Legislature, Regular Session, 1941 (Article 6687b,
294-17 Vernon's Texas Civil Statutes), is amended by amending Subdivision
294-18 (2) and adding Subdivision (5) to read as follows:
294-19 (2)(A) After the date has passed, according to records
294-20 of the Department, for successful completion of an educational
294-21 program designed to rehabilitate persons who have driven while
294-22 intoxicated, if the records do not indicate successful completion
294-23 of the program, the Director shall suspend the person's driver's
294-24 license, permit, or nonresident operating privilege or, if the
294-25 person is a resident without a license or permit to operate a motor
294-26 vehicle in this state, shall issue an order prohibiting the person
294-27 from obtaining a license or permit. A suspension or prohibition
295-1 order under this subsection is effective for a period of twelve
295-2 (12) months.
295-3 (B) After the date has passed, according to
295-4 records of the Department, for successful completion of an
295-5 educational program for repeat offenders as required by Section
295-6 13, Article 42.12, Code of Criminal Procedure, if the records do
295-7 not indicate successful completion of the program, the Director
295-8 shall suspend the person's driver's license, permit, or nonresident
295-9 operating privilege or, if the person is a resident without a
295-10 license or permit to operate a motor vehicle in this state, shall
295-11 issue an order prohibiting the person from obtaining a license or
295-12 permit. A suspension or prohibition order under this subsection is
295-13 continued until the person successfully completes that program.
295-14 (5) On the date that a suspension under Subsection (c)
295-15 of this section is to expire, the period of suspension or the
295-16 corresponding period in which the Department is prohibited from
295-17 issuing a license to a person is automatically increased for a
295-18 period of 24 months unless the Department has received notice that
295-19 the person has successfully completed an educational program under
295-20 Section 13, Article 42.12, Code of Criminal Procedure. At the time
295-21 a person is convicted of an offense under Section 49.04, Penal
295-22 Code, the court shall warn the person of the effect of this
295-23 subdivision. On successful completion of the program, a person
295-24 shall present proof of the completion to the clerk of the court in
295-25 which the person was convicted. The clerk shall report the date of
295-26 completion to the Department in the same manner as required by
295-27 Section 13, Article 42.12, Code of Criminal Procedure. If the
296-1 Department receives proof of completion after a period of
296-2 suspension or prohibition has been extended under this subdivision,
296-3 the Department shall immediately end the suspension or prohibition.
296-4 This subdivision does not apply to a person whose license the
296-5 Department is prohibited from suspending under Subdivision (1) of
296-6 this subsection.
296-7 SECTION 1.08. Section 1, Chapter 434, Acts of the 61st
296-8 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
296-9 Civil Statutes), is amended to read as follows:
296-10 Sec. 1. Any person who operates a motor vehicle in <upon the
296-11 public highways or upon> a public place, or a watercraft, <beach>
296-12 in this state shall be deemed to have given consent, subject to the
296-13 provisions of this Act, to submit to the taking of one or more
296-14 specimens of his breath or blood for the purpose of analysis to
296-15 determine the alcohol concentration or the presence in his body of
296-16 a controlled substance, <or> drug, dangerous drug, or other
296-17 substance, if arrested for any offense arising out of acts alleged
296-18 to have been committed while a person was driving or in actual
296-19 physical control of a motor vehicle or a watercraft while
296-20 intoxicated. Any person so arrested may consent to the giving of
296-21 any other type of specimen to determine his alcohol concentration,
296-22 but he shall not be deemed, solely on the basis of his operation of
296-23 a motor vehicle in <upon the public highways or upon> a public
296-24 place, or a watercraft, <beach> in this state, to have given
296-25 consent to give any type of specimen other than a specimen of his
296-26 breath or blood. The specimen, or specimens, shall be taken at the
296-27 request of a peace officer having reasonable grounds to believe the
297-1 person to have been driving or in actual physical control of a
297-2 motor vehicle in <upon the public highways or upon> a public place,
297-3 or a watercraft, <beach> in this state while intoxicated.
297-4 SECTION 1.09. Section 2, Chapter 434, Acts of the 61st
297-5 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
297-6 Civil Statutes), is amended by amending Subsection (f) and adding
297-7 Subsections (j) and (k) to read as follows:
297-8 (f) When the director receives the report, the director
297-9 shall suspend the person's license, permit, or nonresident
297-10 operating privilege, or shall issue an order prohibiting the person
297-11 from obtaining a license or permit, for 90 days effective 28 days
297-12 after the date the person receives notice by certified mail or 31
297-13 days after the date the director sends notice by certified mail, if
297-14 the person has not accepted delivery of the notice. If, not later
297-15 than the 20th day after the date on which the person receives
297-16 notice by certified mail or the 23rd day after the date the
297-17 director sent notice by certified mail, if the person has not
297-18 accepted delivery of the notice, the department receives a written
297-19 demand that a hearing be held, the department shall, not later than
297-20 the 10th day after the day of receipt of the demand, request a
297-21 court to set the hearing for the earliest possible date. The
297-22 hearing shall be set in the same manner as a hearing under Section
297-23 22(a), Chapter 173, Acts of the 47th Legislature, Regular Session,
297-24 1941, as amended (Article 6687b, Vernon's Texas Civil Statutes).
297-25 If, upon such hearing the court finds (1) that probable cause
297-26 existed that such person was driving or in actual physical control
297-27 of a motor vehicle in <on the highway or upon> a public place
298-1 <beach> while intoxicated, (2) that the person was placed under
298-2 arrest by the officer and was offered an opportunity to give a
298-3 specimen under the provisions of this Act, and (3) that such person
298-4 refused to give a specimen upon request of the officer, then the
298-5 Director of the <Texas> Department of Public Safety shall suspend
298-6 the person's license or permit to drive, or any nonresident
298-7 operating privilege for a period of 90 days, as ordered by the
298-8 court. If the person is a resident without a license or permit to
298-9 operate a motor vehicle in this State, the <Texas> Department of
298-10 Public Safety shall deny to the person the issuance of a license or
298-11 permit for 90 days.
298-12 (j) This section applies only to a person arrested for an
298-13 offense involving the operation of a motor vehicle.
298-14 (k) A suspension under this Act may not be probated.
298-15 SECTION 1.10. Sections 3(a), (c), (h), (i), and (j), Chapter
298-16 434, Acts of the 61st Legislature, Regular Session, 1969 (Article
298-17 6701l-5, Vernon's Texas Civil Statutes), are amended to read as
298-18 follows:
298-19 (a) Upon the trial of any criminal action or proceeding
298-20 arising out of an offense involving the operation of a motor
298-21 vehicle or a watercraft under Chapter 49 <Subdivision (2),
298-22 Subsection (a), Section 19.05>, Penal Code, <or an offense under
298-23 Article 6701l-1, Revised Statutes,> evidence of the alcohol
298-24 concentration or presence of a controlled substance, <or> drug,
298-25 dangerous drug, or other substance as shown by analysis of a
298-26 specimen of the person's blood, breath, urine, or any other bodily
298-27 substances taken at the request or order of a peace officer, shall
299-1 be admissible.
299-2 (c) When a person gives a specimen of blood at the request
299-3 or order of a peace officer under the provisions of this Act, only
299-4 a physician, qualified technician, chemist, registered professional
299-5 nurse, or licensed vocational nurse may withdraw a blood specimen
299-6 for the purpose of determining the alcohol concentration or
299-7 presence of a controlled substance, <or> drug, dangerous drug, or
299-8 other substance therein. For purposes of this subsection,
299-9 "qualified technician" does not include emergency medical services
299-10 personnel. The sample must be taken in a sanitary place. The
299-11 person drawing the blood specimen at the request or order of a
299-12 peace officer under the provisions of this Act, or the hospital
299-13 where that person is taken for the purpose of securing the blood
299-14 specimen, shall not be held liable for damages arising from the
299-15 request or order of the peace officer to take the blood specimen as
299-16 provided herein, provided the blood specimen was withdrawn
299-17 according to recognized medical procedures, and provided further
299-18 that the foregoing shall not relieve any such person from liability
299-19 for negligence in the withdrawing of any blood specimen. Breath
299-20 specimens taken at the request or order of a peace officer must be
299-21 taken and analysis made under such conditions as may be prescribed
299-22 by the <Texas> Department of Public Safety, and by such persons as
299-23 the <Texas> Department of Public Safety has certified to be
299-24 qualified.
299-25 (h) Any person who is dead, unconscious, or otherwise in a
299-26 condition rendering the person incapable of refusal, whether the
299-27 person was arrested or not, shall be deemed not to have withdrawn
300-1 the consent provided by Section 1 of this Act. If the person is
300-2 dead, a specimen may be withdrawn by the county medical examiner or
300-3 the examiner's designated agent or, if there is no county medical
300-4 examiner for the county, by a licensed mortician or a person
300-5 authorized as provided by Subsection (c) of this section. If the
300-6 person is not dead but is incapable of refusal, a specimen may be
300-7 withdrawn by a person authorized as provided by Subsection (c) of
300-8 this section. Evidence of alcohol concentration or the presence of
300-9 a controlled substance, <or> drug, dangerous drug, or other
300-10 substance obtained by an analysis authorized by this subsection is
300-11 admissible in a civil or criminal action.
300-12 (i) A peace officer shall require a person to give a
300-13 specimen under Section 2 of this Act if:
300-14 (1) the officer arrests the person for an offense
300-15 involving the operation of a motor vehicle or a watercraft under
300-16 Chapter 49 <Subdivision (2), Subsection (a), Section 19.05>, Penal
300-17 Code<, or an offense under Article 6701l-1, Revised Statutes, as
300-18 amended>;
300-19 (2) the person was the operator of a motor vehicle or
300-20 a watercraft involved in an accident that the officer reasonably
300-21 believes occurred as a result of the offense;
300-22 (3) at the time of the arrest the officer reasonably
300-23 believes that a person has died or will die as a direct result of
300-24 the accident; and
300-25 (4) the person refuses the officer's request to
300-26 voluntarily give a specimen.
300-27 (j) In this Act:
301-1 (1) "Alcohol concentration" has the meaning assigned
301-2 by Section 49.01, Penal Code <means:>
301-3 <(A) the number of grams of alcohol per 100
301-4 milliliters of blood;>
301-5 <(B) the number of grams of alcohol per 210
301-6 liters of breath; or>
301-7 <(C) the number of grams of alcohol per 67
301-8 milliliters of urine>.
301-9 (2) "Controlled substance" has the <same> meaning
301-10 assigned by <as is given that term in> Section 481.002, Health and
301-11 Safety Code.
301-12 (3) "Dangerous drug" has the meaning assigned by
301-13 Section 483.001, Health and Safety Code.
301-14 (4) "Drug" has the <same> meaning assigned by <as is
301-15 given that term in> Section 481.002, Health and Safety Code.
301-16 (5) <(4)> "Intoxicated" has the meaning assigned by
301-17 Section 49.01, Penal Code <means:>
301-18 <(A) not having the normal use of mental or
301-19 physical faculties by reason of the introduction of alcohol, a
301-20 controlled substance, a drug, or a combination of two or more of
301-21 those substances into the body; or>
301-22 <(B) having an alcohol concentration of 0.10 or
301-23 more>.
301-24 <(5) "Public beach" has the same meaning as is given
301-25 that term in the Uniform Act Regulating Traffic on Highways
301-26 (Article 6701d, Vernon's Texas Civil Statutes).>
301-27 (6) <"Public highway" has the same meaning as is given
302-1 the term "highway" in the Uniform Act Regulating Traffic on
302-2 Highways (Article 6701d, Vernon's Texas Civil Statutes).>
302-3 <(7)> "Public place" has the meaning assigned by
302-4 <Subdivision (29), Subsection (a),> Section 1.07, Penal Code.
302-5 SECTION 1.11. Section 31.097, Parks and Wildlife Code, is
302-6 repealed.
302-7 SECTION 1.12. Section 1, Chapter 46, Acts of the 58th
302-8 Legislature, Regular Session, 1963 (Article 46f-3, Vernon's Texas
302-9 Civil Statutes), is repealed.
302-10 SECTION 1.13. Section 107E, Uniform Act Regulating Traffic
302-11 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
302-12 repealed.
302-13 SECTION 1.14. Article 6701l-1, Revised Statutes, is
302-14 repealed.
302-15 SECTION 1.15. Section 11.17, Chapter 10, Acts of the 72nd
302-16 Legislature, 2nd Called Session, 1991, is repealed.
302-17 ARTICLE 2
302-18 SECTION 2.01. Section 481.002, Health and Safety Code, is
302-19 amended by adding Subdivision (49) to read as follows:
302-20 (49) "Adulterant or dilutant" means any material that
302-21 increases the bulk or quantity of a controlled substance,
302-22 regardless of its effect on the chemical activity of the controlled
302-23 substance.
302-24 SECTION 2.02. Sections 481.108, 481.112, 481.113, 481.114,
302-25 481.115, 481.116, 481.117, 481.118, 481.119, 481.120, 481.121,
302-26 481.122, 481.125, 481.126, 481.127, 481.128, 481.129, and 481.131,
302-27 Health and Safety Code, are amended to read as follows:
303-1 Sec. 481.108. Preparatory Offenses. Title 4, Penal Code,
303-2 applies to <Section 481.126 and offenses designated as aggravated>
303-3 offenses under this subchapter<, except that the punishment for a
303-4 preparatory offense is the same as the punishment prescribed for
303-5 the offense that was the object of the preparatory offense>.
303-6 Sec. 481.112. Offense: Manufacture or Delivery of Substance
303-7 in Penalty Group 1. (a) Except as authorized by this chapter, a
303-8 person commits an offense if the person knowingly or intentionally
303-9 manufactures, delivers, or possesses with intent to manufacture or
303-10 deliver a controlled substance listed in Penalty Group 1.
303-11 (b) An offense under Subsection (a) is a felony of the
303-12 fourth <first> degree if the amount of the controlled substance to
303-13 which the offense applies is, by aggregate weight, including
303-14 adulterants or dilutants, less than one gram <28 grams>.
303-15 (c) An <A person commits an aggravated offense if the person
303-16 commits an> offense under Subsection (a) is a felony of the third
303-17 degree if <and> the amount of the controlled substance to which the
303-18 offense applies is, by aggregate weight, including adulterants or
303-19 dilutants, one gram <28 grams> or more but less than 4 grams.
303-20 (d) An offense under Subsection (a) <(c)> is a felony of the
303-21 second degree<:>
303-22 <(1) punishable by confinement in the Texas Department
303-23 of Corrections for life or for a term of not more than 99 years or
303-24 less than 5 years, and a fine not to exceed $50,000,> if the amount
303-25 of the controlled substance to which the offense applies is, by
303-26 aggregate weight, including adulterants or dilutants, 4 <28> grams
303-27 or more but less than 400 <200> grams.
304-1 (e) An offense under Subsection (a) is a felony of the first
304-2 degree<;>
304-3 <(2) punishable by confinement in the Texas Department
304-4 of Corrections for life or for a term of not more than 99 years or
304-5 less than 10 years, and a fine not to exceed $100,000, if the
304-6 amount of the controlled substance to which the offense applies is,
304-7 by aggregate weight, including adulterants or dilutants, 200 grams
304-8 or more but less than 400 grams; and>
304-9 <(3) punishable by confinement in the Texas Department
304-10 of Corrections for life or for a term of not more than 99 years or
304-11 less than 15 years, and a fine not to exceed $250,000,> if the
304-12 amount of the controlled substance to which the offense applies is,
304-13 by aggregate weight, including adulterants or dilutants, 400 grams
304-14 or more.
304-15 Sec. 481.113. Offense: Manufacture or Delivery of Substance
304-16 in Penalty Group 2. (a) Except as authorized by this chapter, a
304-17 person commits an offense if the person knowingly or intentionally
304-18 manufactures, delivers, or possesses with intent to manufacture or
304-19 deliver a controlled substance listed in Penalty Group 2.
304-20 (b) An offense under Subsection (a) is a felony of the
304-21 fourth <second> degree if the amount of the controlled substance to
304-22 which the offense applies is, by aggregate weight, including
304-23 adulterants or dilutants, less than one gram <28 grams>.
304-24 (c) An <A person commits an aggravated offense if the person
304-25 commits an> offense under Subsection (a) is a felony of the third
304-26 degree if <and> the amount of the controlled substance to which the
304-27 offense applies is, by aggregate weight, including adulterants or
305-1 dilutants, one gram <28 grams> or more but less than 4 grams.
305-2 (d) An offense under Subsection (a) <(c)> is a felony of the
305-3 second degree<:>
305-4 <(1) punishable by confinement in the Texas Department
305-5 of Corrections for life or for a term of not more than 99 years or
305-6 less than 5 years, and a fine not to exceed $50,000,> if the amount
305-7 of the controlled substance to which the offense applies is, by
305-8 aggregate weight, including adulterants or dilutants, 4 <28> grams
305-9 or more <but less than 400 grams; and>
305-10 <(2) punishable by confinement in the Texas Department
305-11 of Corrections for life or for a term of not more than 99 years or
305-12 less than 10 years, and a fine not to exceed $100,000, if the
305-13 amount of the controlled substance to which the offense applies is,
305-14 by aggregate weight, including adulterants or dilutants, 400 grams
305-15 or more>.
305-16 Sec. 481.114. Offense: Manufacture or Delivery of Substance
305-17 in Penalty Group 3 or 4. (a) Except as authorized by this
305-18 chapter, a person commits an offense if the person knowingly or
305-19 intentionally manufactures, delivers, or possesses with intent to
305-20 manufacture or deliver a controlled substance listed in Penalty
305-21 Group 3 or 4.
305-22 (b) An offense under Subsection (a) is a felony of the
305-23 fourth <third> degree if the amount of the controlled substance to
305-24 which the offense applies is, by aggregate weight, including
305-25 adulterants or dilutants, less than 28 <200> grams.
305-26 (c) An <A person commits an aggravated offense if the person
305-27 commits an> offense under Subsection (a) is a felony of the second
306-1 degree if <and> the amount of the controlled substance to which the
306-2 offense applies is, by aggregate weight, including adulterants or
306-3 dilutants, 28 <200> grams or more.
306-4 <(d) An offense under Subsection (c) is:>
306-5 <(1) punishable by confinement in the Texas Department
306-6 of Corrections for life or for a term of not more than 99 years or
306-7 less than 5 years, and a fine not to exceed $50,000, if the amount
306-8 of the controlled substance to which the offense applies is, by
306-9 aggregate weight, including adulterants or dilutants, 200 grams or
306-10 more but less than 400 grams; and>
306-11 <(2) punishable by confinement in the Texas Department
306-12 of Corrections for life or for a term of not more than 99 years or
306-13 less than 10 years, and a fine not to exceed $100,000, if the
306-14 amount of the controlled substance to which the offense applies is,
306-15 by aggregate weight, including any adulterants or dilutants, 400
306-16 grams or more.>
306-17 Sec. 481.115. Offense: Possession of Substance in Penalty
306-18 Group 1. (a) Except as authorized by this chapter, a person
306-19 commits an offense if the person knowingly or intentionally
306-20 possesses a controlled substance listed in Penalty Group 1, unless
306-21 the person obtained the substance directly from or under a valid
306-22 prescription or order of a practitioner acting in the course of
306-23 professional practice.
306-24 (b) An offense under Subsection (a) is a felony of the
306-25 fourth <second> degree if the amount of the controlled substance
306-26 possessed is, by aggregate weight, including adulterants or
306-27 dilutants, less than one gram <28 grams>.
307-1 (c) An <A person commits an aggravated offense if the person
307-2 commits an> offense under Subsection (a) is a felony of the third
307-3 degree if <and> the amount of the controlled substance possessed
307-4 is, by aggregate weight, including adulterants or dilutants, one
307-5 gram <28 grams> or more but less than 4 grams.
307-6 (d) An offense under Subsection (a) <(c)> is a felony of the
307-7 second degree<:>
307-8 <(1) punishable by confinement in the Texas Department
307-9 of Corrections for life or for a term of not more than 99 years or
307-10 less than 5 years, and a fine not to exceed $50,000,> if the amount
307-11 of the controlled substance possessed is, by aggregate weight,
307-12 including adulterants or dilutants, 4 <28> grams or more <but less
307-13 than 400 grams; and>
307-14 <(2) punishable by confinement in the Texas Department
307-15 of Corrections for life or for a term of not more than 99 years or
307-16 less than 10 years, and a fine not to exceed $100,000, if the
307-17 amount of the controlled substance possessed is, by aggregate
307-18 weight, including adulterants or dilutants, 400 grams or more>.
307-19 Sec. 481.116. Offense: Possession of Substance in Penalty
307-20 Group 2. (a) Except as authorized by this chapter, a person
307-21 commits an offense if the person knowingly or intentionally
307-22 possesses a controlled substance listed in Penalty Group 2, unless
307-23 the person obtained the substance directly from or under a valid
307-24 prescription or order of a practitioner acting in the course of
307-25 professional practice.
307-26 (b) An offense under Subsection (a) is a felony of the
307-27 fourth <third> degree if the amount of the controlled substance
308-1 possessed is, by aggregate weight, including adulterants or
308-2 dilutants, less than one gram <28 grams>.
308-3 (c) An <A person commits an aggravated offense if the person
308-4 commits an> offense under Subsection (a) is a felony of the third
308-5 degree if <and> the amount of the controlled substance possessed
308-6 is, by aggregate weight, including adulterants or dilutants, one
308-7 gram <28 grams> or more but less than 4 grams.
308-8 (d) An offense under Subsection (a) <(c)> is a felony of the
308-9 second degree<:>
308-10 <(1) punishable by confinement in the Texas Department
308-11 of Corrections for life or for a term of not more than 99 years or
308-12 less than 5 years, and a fine not to exceed $50,000,> if the amount
308-13 of the controlled substance possessed is, by aggregate weight,
308-14 including adulterants or dilutants, 4 <28> grams or more <but less
308-15 than 400 grams; and>
308-16 <(2) punishable by confinement in the Texas Department
308-17 of Corrections for life or for a term of not more than 99 years or
308-18 less than 10 years, and a fine not to exceed $100,000, if the
308-19 amount of the controlled substance possessed is, by aggregate
308-20 weight, including adulterants or dilutants, 400 grams or more>.
308-21 Sec. 481.117. Offense: Possession of Substance in Penalty
308-22 Group 3. (a) Except as authorized by this chapter, a person
308-23 commits an offense if the person knowingly or intentionally
308-24 possesses a controlled substance listed in Penalty Group 3, unless
308-25 the person obtains the substance directly from or under a valid
308-26 prescription or order of a practitioner acting in the course of
308-27 professional practice.
309-1 (b) An offense under Subsection (a) is a Class A misdemeanor
309-2 if the amount of the controlled substance possessed is, by
309-3 aggregate weight, including adulterants or dilutants, less than 28
309-4 <200> grams.
309-5 (c) An <A person commits an aggravated offense if the person
309-6 commits an> offense under Subsection (a) is a felony of the second
309-7 degree if <and> the amount of the controlled substance possessed
309-8 is, by aggregate weight, including adulterants or dilutants, 28
309-9 <200> grams or more.
309-10 <(d) An offense under Subsection (c) is:>
309-11 <(1) punishable by confinement in the Texas Department
309-12 of Corrections for life or for a term of not more than 99 years or
309-13 less than 5 years, and a fine not to exceed $50,000, if the amount
309-14 of the controlled substance possessed is, by aggregate weight,
309-15 including adulterants or dilutants, 200 grams or more but less than
309-16 400 grams; and>
309-17 <(2) punishable by confinement in the Texas Department
309-18 of Corrections for life or for a term of not more than 99 years or
309-19 less than 10 years, and a fine not to exceed $100,000, if the
309-20 amount of the controlled substance possessed is, by aggregate
309-21 weight, including adulterants or dilutants, 400 grams or more.>
309-22 Sec. 481.118. Offense: Possession Of Substance In Penalty
309-23 Group 4. (a) Except as authorized by this chapter, a person
309-24 commits an offense if the person knowingly or intentionally
309-25 possesses a controlled substance listed in Penalty Group 4, unless
309-26 the person obtained the substance directly from or under a valid
309-27 prescription or order of a practitioner acting in the course of
310-1 practice.
310-2 (b) An offense under Subsection (a) is a Class B misdemeanor
310-3 if the amount of the controlled substance possessed is, by
310-4 aggregate weight, including adulterants or dilutants, less than 28
310-5 <200> grams.
310-6 (c) An <A person commits an aggravated offense if the person
310-7 commits an> offense under Subsection (a) is a felony of the second
310-8 degree if <and> the amount of the controlled substance possessed
310-9 is, by aggregate weight, including adulterants or dilutants, 28
310-10 <200> grams or more.
310-11 <(d) An offense under Subsection (c) is:>
310-12 <(1) punishable by confinement in the Texas Department
310-13 of Corrections for life or a term of not more than 99 years or less
310-14 than 5 years, and a fine not to exceed $50,000, if the amount of
310-15 the controlled substance possessed is, by aggregate weight,
310-16 including adulterants or dilutants, 200 grams or more but less than
310-17 400 grams; and>
310-18 <(2) punishable by confinement in the Texas Department
310-19 of Corrections for life or for a term of not more than 99 years or
310-20 less than 10 years, and a fine not to exceed $100,000, if the
310-21 amount of the controlled substance possessed is, by aggregate
310-22 weight, including adulterants or dilutants, 400 grams or more.>
310-23 Sec. 481.119. Offense: Manufacture, Delivery, or Possession
310-24 of Miscellaneous Substances. (a) A person commits an offense if
310-25 the person knowingly or intentionally manufactures, delivers, or
310-26 possesses with intent to manufacture or deliver a controlled
310-27 substance listed in a schedule by an action of the commissioner
311-1 under this chapter but not listed in a penalty group. An offense
311-2 under this subsection is a Class A misdemeanor.
311-3 (b) A person commits an offense if the person knowingly or
311-4 intentionally possesses a controlled substance listed in a schedule
311-5 by an action of the commissioner under this chapter but not listed
311-6 in a penalty group. An offense under this subsection is a Class B
311-7 misdemeanor.
311-8 Sec. 481.120. Offense: Delivery of Marihuana. (a) Except
311-9 as authorized by this chapter, a person commits an offense if the
311-10 person knowingly or intentionally delivers marihuana.
311-11 (b) An offense under Subsection (a) is:
311-12 (1) a Class B misdemeanor if the amount of marihuana
311-13 delivered is one-fourth ounce or less and the person committing the
311-14 offense does not receive remuneration for the marihuana;
311-15 (2) a Class A misdemeanor if the amount of marihuana
311-16 delivered is one-fourth ounce or less and the person committing the
311-17 offense receives remuneration for the marihuana;
311-18 (3) a felony of the fourth <third> degree if the
311-19 amount of marihuana delivered is five pounds <four ounces> or less
311-20 but more than one-fourth ounce;
311-21 (4) a felony of the third <second> degree if the
311-22 amount of marihuana delivered is 50 <five> pounds or less but more
311-23 than five pounds <four ounces>; <and>
311-24 (5) a felony of the second <first> degree if the
311-25 amount of marihuana delivered is 2,000 <50> pounds or less but more
311-26 than 50 <5> pounds; and<.>
311-27 (6) a felony of the first degree
312-1 <(c) A person commits an aggravated offense if the person
312-2 commits an offense under Subsection (a) and the amount of marihuana
312-3 delivered is more than 50 pounds.>
312-4 <(d) An offense under Subsection (c) is:>
312-5 <(1) punishable by confinement in the Texas Department
312-6 of Corrections for life or for a term of not more than 99 years or
312-7 less than 5 years, and a fine not to exceed $50,000, if the amount
312-8 of marihuana delivered is 200 pounds or less but more than 50
312-9 pounds;>
312-10 <(2) punishable by confinement in the Texas Department
312-11 of Corrections for life or for a term of not more than 99 years or
312-12 less than 10 years, and a fine not to exceed $100,000, if the
312-13 amount of marihuana delivered is 2,000 pounds or less but more than
312-14 200 pounds; and>
312-15 <(3) punishable by confinement in the Texas Department
312-16 of Corrections for life or for a term of not more than 99 years or
312-17 less than 15 years, and a fine not to exceed $250,000,> if the
312-18 amount of marihuana delivered is more than 2,000 pounds.
312-19 Sec. 481.121. Offense: Possession of Marihuana. (a)
312-20 Except as authorized by this chapter, a person commits an offense
312-21 if the person knowingly or intentionally possesses a usable
312-22 quantity of marihuana.
312-23 (b) An offense under Subsection (a) is:
312-24 (1) a Class B misdemeanor if the amount of marihuana
312-25 possessed is two ounces or less;
312-26 (2) a Class A misdemeanor if the amount of marihuana
312-27 possessed is four ounces or less but more than two ounces;
313-1 (3) a felony of the fourth <third> degree if the
313-2 amount of marihuana possessed is five pounds or less but more than
313-3 four ounces; <and>
313-4 (4) a felony of the third <second> degree if the
313-5 amount of marihuana possessed is 50 pounds or less but more than 5
313-6 pounds;<.>
313-7 (5) a felony of the second degree if
313-8 <(c) A person commits an aggravated offense if the person
313-9 commits an offense under Subsection (a) and> the amount of
313-10 marihuana possessed is 2,000 pounds or less but more than 50
313-11 pounds; and<.>
313-12 (6) a felony of the first degree
313-13 <(d) An offense under Subsection (c) is:>
313-14 <(1) punishable by confinement in the Texas Department
313-15 of Corrections for life or for a term of not more than 99 years or
313-16 less than 5 years, and a fine not to exceed $50,000, if the amount
313-17 of marihuana possessed is 200 pounds or less but more than 50
313-18 pounds;>
313-19 <(2) punishable by confinement in the Texas Department
313-20 of Corrections for life or for a term of not more than 99 years or
313-21 less than 10 years, and a fine not to exceed $100,000, if the
313-22 amount of marihuana possessed is 2,000 pounds or less but more than
313-23 200 pounds; and>
313-24 <(3) punishable by confinement in the Texas Department
313-25 of Corrections for life or for a term of not more than 99 years or
313-26 less than 15 years, and a fine not to exceed $250,000,> if the
313-27 amount of marihuana possessed is more than 2,000 pounds.
314-1 <(e) An offense for which the punishment is prescribed by
314-2 Subsection (b) may not be considered a crime of moral turpitude.>
314-3 Sec. 481.122. Offense: Delivery of Controlled Substance or
314-4 Marihuana to Minor. (a) Except as authorized by this chapter, a
314-5 person commits an <aggravated> offense if the person knowingly or
314-6 intentionally delivers a controlled substance listed in Penalty
314-7 Group 1, 2, or 3 or knowingly or intentionally delivers marihuana
314-8 and the person delivers the controlled substance or marihuana to a
314-9 person:
314-10 (1) who is 17 years of age or younger;
314-11 (2) who the actor knows or believes intends to deliver
314-12 the controlled substance or marihuana to a person 17 years of age
314-13 or younger;
314-14 (3) who is enrolled in an elementary or secondary
314-15 school; or
314-16 (4) who the actor knows or believes intends to deliver
314-17 the controlled substance or marihuana to a person who is enrolled
314-18 in an elementary or secondary school.
314-19 (b) It is an affirmative defense to prosecution under this
314-20 section that:
314-21 (1) the actor was younger than 18 years of age when
314-22 the offense was committed; or
314-23 (2) the actor was younger than 21 years of age when
314-24 the offense was committed and delivered only marihuana in an amount
314-25 less than one-fourth ounce for which the actor did not receive
314-26 remuneration.
314-27 (c) An offense under this section is a felony of the second
315-1 <first> degree.
315-2 Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG
315-3 PARAPHERNALIA. (a) A person commits an offense if the person
315-4 knowingly or intentionally uses or possesses with intent to use
315-5 drug paraphernalia to plant, propagate, cultivate, grow, harvest,
315-6 manufacture, compound, convert, produce, process, prepare, test,
315-7 analyze, pack, repack, store, contain, or conceal a controlled
315-8 substance in violation of this chapter or to inject, ingest,
315-9 inhale, or otherwise introduce into the human body a controlled
315-10 substance in violation of this chapter.
315-11 (b) A person commits an offense if the person knowingly or
315-12 intentionally delivers, possesses with intent to deliver, or
315-13 manufactures with intent to deliver drug paraphernalia knowing that
315-14 the person who receives or who is intended to receive the drug
315-15 paraphernalia intends that it be used to plant, propagate,
315-16 cultivate, grow, harvest, manufacture, compound, convert, produce,
315-17 process, prepare, test, analyze, pack, repack, store, contain, or
315-18 conceal a controlled substance in violation of this chapter or to
315-19 inject, ingest, inhale, or otherwise introduce into the human body
315-20 a controlled substance in violation of this chapter.
315-21 (c) A person commits an offense if the person commits an
315-22 offense under Subsection (b), is 18 years of age or older, and the
315-23 person who receives or who is intended to receive the drug
315-24 paraphernalia is younger than 18 years of age and at least three
315-25 years younger than the actor.
315-26 (d) An offense under Subsection (a) is a Class C
315-27 misdemeanor<, unless it is shown on the trial of a defendant that
316-1 the defendant has previously been convicted under Subsection (a),
316-2 in which event the offense is a Class B misdemeanor>.
316-3 (e) An offense under Subsection (b) is a Class A
316-4 misdemeanor, unless it is shown on the trial of a defendant that
316-5 the defendant has previously been convicted under Subsection (b) or
316-6 (c), in which event the offense is punishable by confinement in
316-7 jail for a term of not more than one year or less than 90 days <a
316-8 felony of the third degree>.
316-9 (f) An offense under Subsection (c) is a felony of the
316-10 fourth <third> degree.
316-11 Sec. 481.126. OFFENSE: ILLEGAL EXPENDITURE OR INVESTMENT.
316-12 (a) A person commits an offense if the person knowingly or
316-13 intentionally:
316-14 (1) expends funds the person knows are derived from
316-15 the commission of an offense:
316-16 (A) under Section 481.115(a) or 481.116(a)
316-17 <481.112(c), 481.113(c), 481.114(c), 481.115(c), 481.116(c),
316-18 481.117(c), 481.118(c), 481.120(c), or 481.121(c)>; or
316-19 (B) punishable under Section 481.112(d),
316-20 481.112(e), 481.113(d), 481.114(c), 481.117(c), 481.118(c),
316-21 481.120(b)(5), 481.120(b)(6), 481.121(b)(5), or 481.121(b)(6); or
316-22 (2) finances or invests funds the person knows or
316-23 believes are intended to further the commission of an offense
316-24 listed in Subdivision (1) or an offense for which the punishment is
316-25 listed under Subdivision (1).
316-26 (b) An offense under this section is a felony of the first
316-27 degree <punishable by confinement in the Texas Department of
317-1 Corrections for life or for a term of not more than 99 years or
317-2 less than 5 years, and a fine of not more than $1,000,000 or less
317-3 than $50,000>.
317-4 Sec. 481.127. OFFENSE: UNAUTHORIZED DISCLOSURE OF
317-5 INFORMATION. (a) A person commits an offense if the person
317-6 intentionally or knowingly gives, permits, or obtains unauthorized
317-7 access to information submitted to the Department of Public Safety
317-8 under Section 481.075.
317-9 (b) An offense under this section is a felony of the fourth
317-10 <third> degree.
317-11 Sec. 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL
317-12 MATTERS. (a) A registrant or dispenser commits an offense if the
317-13 registrant or dispenser knowingly or intentionally:
317-14 (1) distributes, delivers, administers, or dispenses
317-15 a controlled substance in violation of Sections 481.070-481.074;
317-16 (2) manufactures a controlled substance not authorized
317-17 by the person's registration or distributes or dispenses a
317-18 controlled substance not authorized by the person's registration to
317-19 another registrant or other person;
317-20 (3) refuses or fails to make, keep, or furnish a
317-21 record, report, notification, order form, statement, invoice, or
317-22 information required by this chapter;
317-23 (4) prints, manufactures, possesses, or produces a
317-24 triplicate prescription form without the approval of the Department
317-25 of Public Safety;
317-26 (5) delivers or possesses a counterfeit triplicate
317-27 prescription;
318-1 (6) refuses an entry into a premise for an inspection
318-2 authorized by this chapter;
318-3 (7) refuses or fails to return a triplicate
318-4 prescription form as required by Section 481.075(h); or
318-5 (8) refuses or fails to make, keep, or furnish a
318-6 record, report, notification, order form, statement, invoice, or
318-7 information required by a rule adopted before June 1, 1991, by the
318-8 director.
318-9 (b) If the registrant or dispenser knowingly or
318-10 intentionally refuses or fails to make, keep, or furnish a record,
318-11 report, notification, order form, statement, invoice, or
318-12 information required by a rule or a rule amendment adopted on or
318-13 after June 1, 1991, by the director, the registrant or dispenser is
318-14 liable to the state for a civil penalty of not more than $5,000 for
318-15 each act.
318-16 (c) If the registrant or dispenser negligently fails to
318-17 make, keep, or furnish a record, report, notification, order form,
318-18 statement, invoice, or information required by a rule or a rule
318-19 amendment adopted on or after June 1, 1991, by the director, the
318-20 registrant or dispenser is liable to the state for a civil penalty
318-21 of not more than $1,000 for each act.
318-22 (d) An offense under Subsection (a) is a felony of the
318-23 fourth <second> degree<, unless it is shown on the trial of a
318-24 defendant that the defendant has previously been convicted under
318-25 Subsection (a), in which event the offense is a felony of the first
318-26 degree>.
318-27 (e) If a person negligently commits an act that would
319-1 otherwise be an offense under Subsection (a), the person is liable
319-2 to the state for a civil penalty of not less than $5,000 or more
319-3 than $10,000 for each act.
319-4 (f) A district attorney of the county where the act occurred
319-5 may file suit in district court in that county to collect a civil
319-6 penalty under this section, or the district attorney of Travis
319-7 County or the attorney general may file suit in district court in
319-8 Travis County to collect the penalty.
319-9 Sec. 481.129. OFFENSE: FRAUD. (a) A person commits an
319-10 offense if the person knowingly or intentionally:
319-11 (1) distributes as a registrant or dispenser a
319-12 controlled substance listed in Schedule I or II, unless the person
319-13 distributes the controlled substance under an order form as
319-14 required by Section 481.069;
319-15 (2) uses in the course of manufacturing, prescribing,
319-16 or distributing a controlled substance a registration number that
319-17 is fictitious, revoked, suspended, or issued to another person;
319-18 (3) uses a triplicate prescription form issued to
319-19 another person to prescribe a controlled substance;
319-20 (4) possesses or attempts to possess a controlled
319-21 substance:
319-22 (A) by misrepresentation, fraud, forgery,
319-23 deception, or subterfuge;
319-24 (B) through use of a fraudulent prescription
319-25 form; or
319-26 (C) through use of a fraudulent oral or
319-27 telephonically communicated prescription; or
320-1 (5) furnishes false or fraudulent material information
320-2 in or omits material information from an application, report,
320-3 record, or other document required to be kept or filed under this
320-4 chapter.
320-5 (b) A person commits an offense if the person knowingly or
320-6 intentionally:
320-7 (1) makes, distributes, or possesses a punch, die,
320-8 plate, stone, or other thing designed to print, imprint, or
320-9 reproduce an actual or simulated trademark, trade name, or other
320-10 identifying mark, imprint, or device of another on a controlled
320-11 substance or the container or label of a container for a controlled
320-12 substance, so as to make the controlled substance a counterfeit
320-13 substance; or
320-14 (2) manufactures, delivers, or possesses with intent
320-15 to deliver a counterfeit substance.
320-16 (c) A person commits an offense if the person knowingly or
320-17 intentionally:
320-18 (1) delivers a prescription or a prescription form for
320-19 other than a valid medical purpose in the course of professional
320-20 practice; or
320-21 (2) possesses a prescription for a controlled
320-22 substance or a prescription form unless the prescription or
320-23 prescription form is possessed:
320-24 (A) during the manufacturing or distribution
320-25 process;
320-26 (B) by a practitioner, practitioner's agent, or
320-27 an institutional practitioner for a valid medical purpose during
321-1 the course of professional practice;
321-2 (C) by a pharmacist or agent of a pharmacy
321-3 during the professional practice of pharmacy;
321-4 (D) under a practitioner's order made by the
321-5 practitioner for a valid medical purpose in the course of
321-6 professional practice; or
321-7 (E) by an officer or investigator authorized to
321-8 enforce this chapter within the scope of the officer's or
321-9 investigator's official duties.
321-10 (d) An offense under Subsection (a) is:
321-11 (1) a felony of the second degree if the controlled
321-12 substance that is the subject of the offense is listed in Schedule
321-13 I or II;
321-14 (2) a felony of the third degree if the controlled
321-15 substance that is the subject of the offense is listed in Schedule
321-16 III or IV; and
321-17 (3) a Class A misdemeanor if the controlled substance
321-18 that is the subject of the offense is listed in Schedule V.
321-19 (e) An offense under Subsection (b) is a Class A
321-20 misdemeanor.
321-21 (f) An offense under Subsection (c)(1) is:
321-22 (1) a felony of the second degree if the defendant
321-23 delivers:
321-24 (A) a prescription form; or
321-25 (B) a prescription for a controlled substance
321-26 listed in Schedule II; and
321-27 (2) a felony of the third degree if the defendant
322-1 delivers a prescription for a controlled substance listed in
322-2 Schedule III, IV, or V.
322-3 (g) An offense under Subsection (c)(2) is:
322-4 (1) a felony of the fourth <third> degree if the
322-5 defendant possesses:
322-6 (A) a prescription form; or
322-7 (B) a prescription for a controlled substance
322-8 listed in Schedule II or III; and
322-9 (2) a Class B misdemeanor if the defendant possesses a
322-10 prescription for a controlled substance listed in Schedule IV or V.
322-11 Sec. 481.131. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE
322-12 PROPERTY OR PLANT. (a) A person commits an offense if the person
322-13 intentionally or knowingly:
322-14 (1) converts to the person's own use or benefit a
322-15 controlled substance property or plant seized under Section 481.152
322-16 or 481.153; or
322-17 (2) diverts to the unlawful use or benefit of another
322-18 person a controlled substance property or plant seized under
322-19 Section 481.152 or 481.153.
322-20 (b) An offense under this section is a felony of the fourth
322-21 <third> degree.
322-22 SECTION 2.03. Section 482.002, Health and Safety Code, is
322-23 amended to read as follows:
322-24 Sec. 482.002. UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT
322-25 TO DELIVER; CRIMINAL PENALTY. (a) A person commits an offense if
322-26 the person knowingly or intentionally manufactures with the intent
322-27 to deliver or delivers a simulated controlled substance and the
323-1 person:
323-2 (1) expressly represents the substance to be a
323-3 controlled substance;
323-4 (2) represents the substance to be a controlled
323-5 substance in a manner that would lead a reasonable person to
323-6 believe that the substance is a controlled substance; or
323-7 (3) states to the person receiving or intended to
323-8 receive the simulated controlled substance that the person may
323-9 successfully represent the substance to be a controlled substance
323-10 to a third party.
323-11 (b) It is a defense to prosecution under this section that
323-12 the person manufacturing with the intent to deliver or delivering
323-13 the simulated controlled substance was:
323-14 (1) acting in the discharge of the person's official
323-15 duties as a peace officer;
323-16 (2) manufacturing the substance for or delivering the
323-17 substance to a licensed medical practitioner for use as a placebo
323-18 in the course of the practitioner's research or practice; or
323-19 (3) a licensed medical practitioner, pharmacist, or
323-20 other person authorized to dispense or administer a controlled
323-21 substance, and the person was acting in the legitimate performance
323-22 of the person's professional duties.
323-23 (c) It is not a defense to prosecution under this section
323-24 that the person manufacturing with the intent to deliver or
323-25 delivering the simulated controlled substance believed the
323-26 substance to be a controlled substance.
323-27 (d) An offense under this section is a felony of the fourth
324-1 <third> degree.
324-2 SECTION 2.04. Section 483.042, Health and Safety Code, is
324-3 amended to read as follows:
324-4 Sec. 483.042. DELIVERY OR OFFER OF DELIVERY OF DANGEROUS
324-5 DRUG. (a) A person commits an offense if the person delivers or
324-6 offers to deliver a dangerous drug:
324-7 (1) unless:
324-8 (A) the dangerous drug is delivered or offered
324-9 for delivery by a pharmacist under:
324-10 (i) a prescription issued by a
324-11 practitioner described by Section 483.001(12)(A) or (B); or
324-12 (ii) an original written prescription
324-13 issued by a practitioner described by Section 483.001(12)(C); and
324-14 (B) a label is attached to the immediate
324-15 container in which the drug is delivered or offered to be delivered
324-16 and the label contains the following information:
324-17 (i) the name and address of the pharmacy
324-18 from which the drug is delivered or offered for delivery;
324-19 (ii) the date the prescription for the
324-20 drug is dispensed;
324-21 (iii) the number of the prescription as
324-22 filed in the prescription files of the pharmacy from which the
324-23 prescription is dispensed;
324-24 (iv) the name of the practitioner who
324-25 prescribed the drug;
324-26 (v) the name of the patient and, if the
324-27 drug is prescribed for an animal, a statement of the species of the
325-1 animal; and
325-2 (vi) directions for the use of the drug as
325-3 contained in the prescription; or
325-4 (2) unless:
325-5 (A) the dangerous drug is delivered or offered
325-6 for delivery by a practitioner in the course of practice; and
325-7 (B) a label is attached to the immediate
325-8 container in which the drug is delivered or offered to be delivered
325-9 and the label contains the following information:
325-10 (i) the name and address of the
325-11 practitioner;
325-12 (ii) the date the drug is delivered;
325-13 (iii) the name of the patient and, if the
325-14 drug is prescribed for an animal, a statement of the species of the
325-15 animal; and
325-16 (iv) the name of the drug, the strength of
325-17 the drug, and directions for the use of the drug.
325-18 (b) Subsection (a) does not apply to the delivery or offer
325-19 for delivery of a dangerous drug to a person listed in Section
325-20 483.041(c) for use in the usual course of business or practice or
325-21 in the performance of official duties by the person.
325-22 (c) Proof of an offer to sell a dangerous drug must be
325-23 corroborated by a person other than the offeree or by evidence
325-24 other than a statement by the offeree.
325-25 (d) An offense under this section is a felony of the fourth
325-26 <third> degree.
325-27 SECTION 2.05. Section 483.043, Health and Safety Code, is
326-1 amended to read as follows:
326-2 Sec. 483.043. MANUFACTURE OF DANGEROUS DRUG. (a) A person
326-3 commits an offense if the person manufactures a dangerous drug and
326-4 the person is not authorized by law to manufacture the drug.
326-5 (b) An offense under this section is a felony of the fourth
326-6 <third> degree.
326-7 SECTION 2.06. Section 485.033, Health and Safety Code, is
326-8 amended to read as follows:
326-9 Sec. 485.033. DELIVERY TO A MINOR. (a) A person commits an
326-10 offense if the person intentionally, knowingly, or recklessly
326-11 delivers abusable glue or aerosol paint to a person who is younger
326-12 than 18 years of age.
326-13 (b) It is a defense to prosecution under this section that
326-14 the abusable glue or aerosol paint that was delivered contains
326-15 additive material that effectively discourages intentional abuse by
326-16 inhalation or is in compliance with rules adopted by the
326-17 commissioner under Section 485.011.
326-18 (c) It is an affirmative defense to prosecution under this
326-19 section that:
326-20 (1) the person making the delivery is an adult having
326-21 supervisory responsibility over the person younger than 18 years of
326-22 age and:
326-23 (A) the adult permits the use of the abusable
326-24 glue or aerosol paint only under the adult's direct supervision and
326-25 in the adult's presence and only for its intended purpose; and
326-26 (B) the adult removes the substance from the
326-27 person younger than 18 years of age on completion of that use; or
327-1 (2) the person to whom the abusable glue or aerosol
327-2 paint was delivered presented to the defendant an apparently valid
327-3 Texas driver's license or an identification card, issued by the
327-4 Department of Public Safety of the State of Texas and containing a
327-5 physical description consistent with the person's appearance, that
327-6 purported to establish that the person was 18 years of age or
327-7 older.
327-8 (d) Except as provided by Subsections (e) and (f), an
327-9 offense under this section is a felony of the fourth <third>
327-10 degree.
327-11 (e) An offense under this section is a Class B misdemeanor
327-12 if it is shown on the trial of the defendant that at the time of
327-13 the delivery the defendant or the defendant's employer had a glue
327-14 and paint sales permit for the location of the sale.
327-15 (f) An offense under this section is a Class A misdemeanor
327-16 if it is shown on the trial of the defendant that at the time of
327-17 the delivery the defendant or the defendant's employer:
327-18 (1) did not have a glue and paint sales permit but did
327-19 have a sales tax permit for the location of the sale; and
327-20 (2) had not been convicted previously under this
327-21 section for an offense committed after January 1, 1988.
327-22 SECTION 2.07. Sections 481.106 and 481.107, Health and
327-23 Safety Code, are repealed.
327-24 ARTICLE 3
327-25 SECTION 3.01. Article 13.25(a), Code of Criminal Procedure,
327-26 is amended to read as follows:
327-27 (a) In this section "access," "computer," "computer
328-1 network," "computer program," <and> "computer system," and "owner"
328-2 have the meanings assigned to those terms in Section 33.01, Penal
328-3 Code.
328-4 SECTION 3.02. Article 14.03(d), Code of Criminal Procedure,
328-5 is amended to read as follows:
328-6 (d) A peace officer who is outside his jurisdiction may
328-7 arrest, without warrant, a person who commits an offense within the
328-8 officer's presence or view, if the offense is a felony, <or> a
328-9 violation of Title 9, Chapter 42, Penal Code, or an offense under
328-10 Section 49.02, Penal Code. A peace officer making an arrest under
328-11 this subsection shall, as soon as practicable after making the
328-12 arrest, notify a law enforcement agency having jurisdiction where
328-13 the arrest was made. The law enforcement agency shall then take
328-14 custody of the person committing the offense and take the person
328-15 before a magistrate in compliance with Article 14.06 of this code.
328-16 SECTION 3.03. Article 17A.08, Code of Criminal Procedure, is
328-17 amended to read as follows:
328-18 Art. 17A.08. COMMUNITY SUPERVISION <PROBATION>. A court may
328-19 not impose community supervision as punishment for <The benefits of
328-20 the adult probation laws shall not be available to> corporations
328-21 and associations.
328-22 SECTION 3.04. Section 1, Article 28.01, Code of Criminal
328-23 Procedure, is amended to read as follows:
328-24 Sec. 1. The court may set any criminal case for a pre-trial
328-25 hearing before it is set for trial upon its merits, and direct the
328-26 defendant and his attorney, if any of record, and the State's
328-27 attorney, to appear before the court at the time and place stated
329-1 in the court's order for a conference and hearing. The defendant
329-2 must be present at the arraignment, and his presence is required
329-3 during any pre-trial proceeding. The pre-trial hearing shall be to
329-4 determine any of the following matters:
329-5 (1) Arraignment of the defendant, if such be
329-6 necessary; and appointment of counsel to represent the defendant,
329-7 if such be necessary;
329-8 (2) Pleadings of the defendant;
329-9 (3) Special pleas, if any;
329-10 (4) Exceptions to the form or substance of the
329-11 indictment or information;
329-12 (5) Motions for continuance either by the State or
329-13 defendant; provided that grounds for continuance not existing or
329-14 not known at the time may be presented and considered at any time
329-15 before the defendant announces ready for trial;
329-16 (6) Motions to suppress evidence--When a hearing on
329-17 the motion to suppress evidence is granted, the court may determine
329-18 the merits of said motion on the motions themselves, or upon
329-19 opposing affidavits, or upon oral testimony, subject to the
329-20 discretion of the court;
329-21 (7) Motions for change of venue by the State or the
329-22 defendant; provided, however, that such motions for change of
329-23 venue, if overruled at the pre-trial hearing, may be renewed by the
329-24 State or the defendant during the voir dire examination of the
329-25 jury;
329-26 (8) Discovery;
329-27 (9) Entrapment; <and>
330-1 (10) Motion for appointment of interpreter; and
330-2 (11) Determination of the existence of prior
330-3 convictions for enhancement purposes, in the manner provided by
330-4 Section 2(d), Article 37.07 of this code.
330-5 SECTION 3.05. Subsections (b) and (c), Article 44.04, Code
330-6 of Criminal Procedure, are amended to read as follows:
330-7 (b) The defendant may not be released on bail pending the
330-8 appeal from any felony conviction where the punishment exceeds five
330-9 <15> years confinement or where the defendant has been convicted of
330-10 an offense listed under Sections 481.107 (b) through (e) Health and
330-11 Safety Code, but shall immediately be placed in custody and the
330-12 bail discharged.
330-13 (c) Pending the appeal from any felony conviction other than
330-14 a conviction described in Subsection (b) of this section (where the
330-15 punishment does not exceed five <15> years confinement), the trial
330-16 court may deny bail and commit the defendant to custody if there
330-17 then exists good cause to believe that the defendant would not
330-18 appear when his conviction became final or is likely to commit
330-19 another offense while on bail, permit the defendant to remain at
330-20 large on the existing bail, or, if not then on bail, admit him to
330-21 reasonable bail until his conviction becomes final. The court may
330-22 impose reasonable conditions on bail pending the finality of his
330-23 conviction. On a finding by the court on a preponderance of the
330-24 evidence of a violation of a condition, the court may revoke the
330-25 bail.
330-26 SECTION 3.06. Article 44.041(b), Code of Criminal Procedure,
330-27 is amended to read as follows:
331-1 (b) A court that releases a defendant under this article may
331-2 <must> require the defendant to participate in a program under
331-3 Article 42.033, 42.034, 42.035, or 42.036 of this code during the
331-4 pendency of the appeal. The defendant may not receive credit
331-5 toward completion of the defendant's sentence while participating
331-6 in a program required by this subsection.
331-7 SECTION 3.07. Article 102.016(a), Code of Criminal
331-8 Procedure, is amended to read as follows:
331-9 (a) A person convicted of an offense under Chapter 49
331-10 <Article 6701l1-1, Revised Statutes, Section 19.05(a)(2)>, Penal
331-11 Code, other than an offense punishable as a Class C misdemeanor, or
331-12 of an offense under the Texas Commercial Driver's License Act
331-13 (Article 6687b-2, Revised Statutes), <or Section 31.097, Parks and
331-14 Wildlife Code,> shall pay as court costs $30, in addition to other
331-15 court costs.
331-16 SECTION 3.08. Article 102.051(f), Code of Criminal
331-17 Procedure, is amended to read as follows:
331-18 (f) In this article, a person is considered to have been
331-19 convicted in a case if:
331-20 (1) a sentence is imposed;
331-21 (2) the defendant receives community supervision
331-22 <probation or deferred adjudication>; or
331-23 (3) the court defers final disposition of the case.
331-24 SECTION 3.09. Subsections (b) and (d), Article 102.081, Code
331-25 of Criminal Procedure, are amended to read as follows:
331-26 (b) A person convicted of an offense under Chapter 49, Penal
331-27 Code, other than an offense punishable as a Class C misdemeanor
332-1 <Article 6701l-1, Revised Statutes>, shall pay as a cost of court
332-2 $25.
332-3 (d) In this article, a person is considered to have been
332-4 convicted in a case if:
332-5 (1) a sentence is imposed;
332-6 (2) the defendant receives community supervision
332-7 <probation or deferred adjudication>; or
332-8 (3) the court defers final disposition of the case.
332-9 ARTICLE 4
332-10 SECTION 4.01. (a) The change in law made by this Act
332-11 applies only to an offense committed on or after the effective date
332-12 of this Act. For purposes of this section, an offense is committed
332-13 before the effective date of this Act if any element of the offense
332-14 occurs before the effective date.
332-15 (b) An offense committed before the effective date of this
332-16 Act is covered by the law in effect when the offense was committed,
332-17 and the former law is continued in effect for that purpose.
332-18 SECTION 4.02. This Act takes effect September 1, 1994,
332-19 except that Section 1.15 of this Act takes effect September 1,
332-20 1993.
332-21 SECTION 4.03. The importance of this legislation and the
332-22 crowded condition of the calendars in both houses create an
332-23 emergency and an imperative public necessity that the
332-24 constitutional rule requiring bills to be read on three several
332-25 days in each house be suspended, and this rule is hereby suspended.