By: Whitmire, Lucio S.B. No. 1067
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the sentencing policy of the state and to offenses and
1-2 punishments under the Penal Code, to offenses and punishments
1-3 involving certain prohibited or dangerous substances, to the
1-4 applicability of community corrections programs to persons charged
1-5 with or convicted of certain of those offenses and to the effect of
1-6 certain convictions, and to the civil consequences of certain
1-7 offenses involving intoxication; providing conforming amendments.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 ARTICLE 1
1-10 SECTION 1.01. The Penal Code is amended to read as follows:
1-11 TITLE 1. INTRODUCTORY PROVISIONS
1-12 CHAPTER 1. GENERAL PROVISIONS
1-13 Sec. 1.01. SHORT TITLE. This code shall be known and may be
1-14 cited as the Penal Code.
1-15 Sec. 1.02. Objectives of Code. The general purposes of this
1-16 code are to establish a system of prohibitions, penalties, and
1-17 correctional measures to deal with conduct that unjustifiably and
1-18 inexcusably causes or threatens harm to those individual or public
1-19 interests for which state protection is appropriate. To this end,
1-20 the provisions of this code are intended, and shall be construed,
1-21 to achieve the following objectives:
1-22 (1) to insure the public safety through:
1-23 (A) the deterrent influence of the penalties
1-24 hereinafter provided;
2-1 (B) the rehabilitation of those convicted of
2-2 violations of this code; and
2-3 (C) such punishment as may be necessary to
2-4 prevent likely recurrence of criminal behavior;
2-5 (2) by definition and grading of offenses to give fair
2-6 warning of what is prohibited and of the consequences of violation;
2-7 (3) to prescribe penalties that are proportionate to
2-8 the seriousness of offenses and that permit recognition of
2-9 differences in rehabilitation possibilities among individual
2-10 offenders;
2-11 (4) to safeguard conduct that is without guilt from
2-12 condemnation as criminal;
2-13 (5) to guide and limit the exercise of official
2-14 discretion in law enforcement to prevent arbitrary or oppressive
2-15 treatment of persons suspected, accused, or convicted of offenses;
2-16 and
2-17 (6) to define the scope of state interest in law
2-18 enforcement against specific offenses and to systematize the
2-19 exercise of state criminal jurisdiction.
2-20 Sec. 1.03. Effect of Code. (a) Conduct does not constitute
2-21 an offense unless it is defined as an offense by statute, municipal
2-22 ordinance, order of a county commissioners court, or rule
2-23 authorized by and lawfully adopted under a statute.
2-24 (b) The provisions of Titles 1, 2, and 3 <of this code>
2-25 apply to offenses defined by other laws, unless the statute
2-26 defining the offense provides otherwise; however, the punishment
2-27 affixed to an offense defined outside this code shall be applicable
3-1 unless the punishment is classified in accordance with this code.
3-2 (c) This code does not bar, suspend, or otherwise affect a
3-3 right or liability to damages, penalty, forfeiture, or other remedy
3-4 authorized by law to be recovered or enforced in a civil suit for
3-5 conduct this code defines as an offense, and the civil injury is
3-6 not merged in the offense.
3-7 Sec. 1.04. Territorial Jurisdiction. (a) This state has
3-8 jurisdiction over an offense that a person commits by his own
3-9 conduct or the conduct of another for which he is criminally
3-10 responsible if:
3-11 (1) either the conduct or a result that is an element
3-12 of the offense occurs inside this state;
3-13 (2) the conduct outside this state constitutes an
3-14 attempt to commit an offense inside this state;
3-15 (3) the conduct outside this state constitutes a
3-16 conspiracy to commit an offense inside this state, and an act in
3-17 furtherance of the conspiracy occurs inside this state; or
3-18 (4) the conduct inside this state constitutes an
3-19 attempt, solicitation, or conspiracy to commit, or establishes
3-20 criminal responsibility for the commission of, an offense in
3-21 another jurisdiction that is also an offense under the laws of this
3-22 state.
3-23 (b) If the offense is criminal homicide, a "result" is
3-24 either the physical impact causing death or the death itself. If
3-25 the body of a criminal homicide victim is found in this state, it
3-26 is presumed that the death occurred in this state. If death alone
3-27 is the basis for jurisdiction, it is a defense to the exercise of
4-1 jurisdiction by this state that the conduct that constitutes the
4-2 offense is not made criminal in the jurisdiction where the conduct
4-3 occurred.
4-4 (c) An offense based on an omission to perform a duty
4-5 imposed on an actor by a statute of this state is committed inside
4-6 this state regardless of the location of the actor at the time of
4-7 the offense.
4-8 (d) This state includes the land and water <(>and the air
4-9 space above the land and water<)> over which this state has power
4-10 to define offenses.
4-11 Sec. 1.05. Construction of Code. (a) The rule that a penal
4-12 statute is to be strictly construed does not apply to this code.
4-13 The provisions of this code shall be construed according to the
4-14 fair import of their terms, to promote justice and effect the
4-15 objectives of the code.
4-16 (b) Unless a different construction is required by the
4-17 context, Sections 311.011, 311.012, 311.014, 311.015, and 311.021
4-18 through 311.032 of <the Code Construction Act (>Chapter 311,
4-19 Government Code (Code Construction Act), apply to the construction
4-20 of this code.
4-21 (c) In this code:
4-22 (1) a reference to a title, chapter, or section
4-23 without further identification is a reference to a title, chapter,
4-24 or section of this code; and
4-25 (2) a reference to a subchapter, subsection,
4-26 subdivision, paragraph, or other numbered or lettered unit without
4-27 further identification is a reference to a unit of the next-larger
5-1 unit of this code in which the reference appears.
5-2 Sec. 1.06. Computation of Age. A person attains a specified
5-3 age on the day of the anniversary of his birthdate.
5-4 Sec. 1.07. Definitions. (a) In this code:
5-5 (1) "Act" means a bodily movement, whether voluntary
5-6 or involuntary, and includes speech.
5-7 (2) "Actor" <"Suspect"> means a person whose criminal
5-8 responsibility is in issue in a criminal action. Whenever the term
5-9 "suspect" <"actor"> is used in this code, it means "actor."
5-10 <"suspect.">
5-11 (3) "Agency" includes authority, board, bureau,
5-12 commission, committee, council, department, district, division, and
5-13 office.
5-14 (4) "Alcoholic beverage" has the meaning assigned by
5-15 Section 1.04, Alcoholic Beverage Code.
5-16 (5) <(4)> "Another" means a person other than the
5-17 actor.
5-18 (6) <(5)> "Association" means a government or
5-19 governmental subdivision or agency, trust, partnership, or two or
5-20 more persons having a joint or common economic interest.
5-21 (7) <(6)> "Benefit" means anything reasonably regarded
5-22 as economic gain or advantage, including benefit to any other
5-23 person in whose welfare the beneficiary is interested.
5-24 (8) <(7)> "Bodily injury" means physical pain,
5-25 illness, or any impairment of physical condition.
5-26 (9) <(8)> "Conduct" means an act or omission and its
5-27 accompanying mental state.
6-1 (10) <(9)> "Consent" means assent in fact, whether
6-2 express or apparent.
6-3 (11) "Controlled substance" has the meaning assigned
6-4 by Section 481.002, Health and Safety Code.
6-5 (12) <(9.1)> "Corporation" includes nonprofit
6-6 corporations, professional associations created pursuant to
6-7 statute, and joint stock companies.
6-8 (13) "Correctional facility" means a place designated
6-9 by law for the confinement of a person arrested for, charged with,
6-10 or convicted of a criminal offense. The term includes:
6-11 (A) a municipal or county jail;
6-12 (B) a confinement facility operated by the Texas
6-13 Department of Criminal Justice;
6-14 (C) a confinement facility operated under
6-15 contract with any division of the Texas Department of Criminal
6-16 Justice; and
6-17 (D) a community corrections facility operated by
6-18 a community supervision and corrections department.
6-19 (14) <(10)> "Criminal negligence" is defined in
6-20 Section 6.03 <of this code> (Culpable Mental States).
6-21 (15) "Dangerous drug" has the meaning assigned by
6-22 Section 483.001, Health and Safety Code.
6-23 (16) <(11)> "Deadly weapon" means:
6-24 (A) a firearm or anything manifestly designed,
6-25 made, or adapted for the purpose of inflicting death or serious
6-26 bodily injury; or
6-27 (B) anything that in the manner of its use or
7-1 intended use is capable of causing death or serious bodily injury.
7-2 (17) "Drug" has the meaning assigned by Section
7-3 481.002, Health and Safety Code.
7-4 (18) <(12)> "Effective consent" includes consent by a
7-5 person legally authorized to act for the owner. Consent is not
7-6 effective if:
7-7 (A) induced by force, threat, or fraud;
7-8 (B) given by a person the actor knows is not
7-9 legally authorized to act for the owner;
7-10 (C) given by a person who by reason of youth,
7-11 mental disease or defect, or intoxication is known by the actor to
7-12 be unable to make reasonable decisions; or
7-13 (D) given solely to detect the commission of an
7-14 offense.
7-15 (19) "Electric generating plant" means a facility that
7-16 generates electric energy for distribution to the public.
7-17 (20) "Electric utility substation" means a facility
7-18 used to switch or change voltage in connection with the
7-19 transmission of electric energy for distribution to the public.
7-20 (21) <(13)> "Element of offense" means:
7-21 (A) the forbidden conduct;
7-22 (B) the required culpability;
7-23 (C) any required result; and
7-24 (D) the negation of any exception to the
7-25 offense.
7-26 (22) <(14)> "Felony" means an offense so designated by
7-27 law or punishable by death or confinement in a penitentiary.
8-1 (23) <(15)> "Government" means:
8-2 (A) the state;
8-3 (B) a county, municipality, or political
8-4 subdivision of the state; or
8-5 (C) any branch or agency of the state, a county,
8-6 municipality, or political subdivision.
8-7 (24) <(16)> "Harm" means anything reasonably regarded
8-8 as loss, disadvantage, or injury, including harm to another person
8-9 in whose welfare the person affected is interested.
8-10 (25) <(17)> "Individual" means a human being who has
8-11 been born and is alive.
8-12 (26) "Institutional division" means the institutional
8-13 division of the Texas Department of Criminal Justice.
8-14 (27) <(18)> "Intentional" is defined in Section 6.03
8-15 <of this code> (Culpable Mental States).
8-16 (28) <(19)> "Knowing" is defined in Section 6.03 <of
8-17 this code> (Culpable Mental States).
8-18 (29) <(20)> "Law" means the constitution or a statute
8-19 of this state or of the United States, a written opinion of a court
8-20 of record, a municipal ordinance, an order of a county
8-21 commissioners court, or a rule authorized by and lawfully adopted
8-22 under a statute.
8-23 (30) <(21)> "Misdemeanor" means an offense so
8-24 designated by law or punishable by fine, by confinement in jail, or
8-25 by both fine and confinement in jail.
8-26 (31) <(22)> "Oath" includes affirmation.
8-27 (32) <(23)> "Omission" means failure to act.
9-1 (33) <(24)> "Owner" means a person who:
9-2 (A) has title to the property, possession of the
9-3 property, whether lawful or not, or a greater right to possession
9-4 of the property than the actor; or
9-5 (B) is a holder in due course of a negotiable
9-6 instrument.
9-7 (34) "Participant in a court proceeding" means a
9-8 judge, a prosecuting attorney or an assistant prosecuting attorney
9-9 who represents the state, a grand juror, a party in a court
9-10 proceeding, an attorney representing a party, a witness, a court
9-11 clerk, a court reporter, a bailiff, or a juror.
9-12 (35) <(25)> "Peace officer" means a person elected,
9-13 employed, or appointed as a peace officer under Article 2.12, Code
9-14 of Criminal Procedure, Section 51.212 or 51.214, Education Code, or
9-15 other law.
9-16 (36) <(26) "Penal institution" means a place
9-17 designated by law for confinement of persons arrested for, charged
9-18 with, or convicted of an offense.>
9-19 <(27)> "Person" means an individual, corporation, or
9-20 association.
9-21 (37) <(28)> "Possession" means actual care, custody,
9-22 control, or management.
9-23 (38) <(29)> "Public place" means any place to which
9-24 the public or a substantial group of the public has access and
9-25 includes, but is not limited to, streets, highways, and the common
9-26 areas of schools, hospitals, apartment houses, office buildings,
9-27 transport facilities, and shops.
10-1 (39) <(30)> "Public servant" means a person elected,
10-2 selected, appointed, employed, or otherwise designated as one of
10-3 the following, even if he has not yet qualified for office or
10-4 assumed his duties:
10-5 (A) an officer, employee, or agent of
10-6 government;
10-7 (B) a juror or grand juror; or
10-8 (C) an arbitrator, referee, or other person who
10-9 is authorized by law or private written agreement to hear or
10-10 determine a cause or controversy; or
10-11 (D) an attorney at law or notary public when
10-12 participating in the performance of a governmental function; or
10-13 (E) a candidate for nomination or election to
10-14 public office; or
10-15 (F) a person who is performing a governmental
10-16 function under a claim of right although he is not legally
10-17 qualified to do so.
10-18 (40) <(31)> "Reasonable belief" means a belief that
10-19 would be held by an ordinary and prudent man in the same
10-20 circumstances as the actor.
10-21 (41) <(32)> "Reckless" is defined in Section 6.03 <of
10-22 this code> (Culpable Mental States).
10-23 (42) <(33)> "Rule" includes regulation.
10-24 (43) "Secure correctional facility" means:
10-25 (A) a municipal or county jail; or
10-26 (B) a confinement facility operated by or under
10-27 a contract with any division of the Texas Department of Criminal
11-1 Justice.
11-2 (44) <(34)> "Serious bodily injury" means bodily
11-3 injury that creates a substantial risk of death or that causes
11-4 death, serious permanent disfigurement, or protracted loss or
11-5 impairment of the function of any bodily member or organ.
11-6 (45) <(35)> "Swear" includes affirm.
11-7 (46) <(36)> "Unlawful" means criminal or tortious or
11-8 both and includes what would be criminal or tortious but for a
11-9 defense not amounting to justification or privilege.
11-10 <(37) "Electric generating plant" means a facility
11-11 that generates electric energy for distribution to the public.>
11-12 <(38) "Electric utility substation" means a facility
11-13 used to switch or change voltage in connection with the
11-14 transmission of electric energy for distribution to the public.>
11-15 <(40) "Participant in a court proceeding" means a
11-16 judge, a prosecuting attorney or an assistant prosecuting attorney
11-17 who represents the state, a grand juror, a party in a court
11-18 proceeding, an attorney representing a party, a witness, or a
11-19 juror.>
11-20 (b) The definition of a term in this code applies to each
11-21 grammatical variation of the term.
11-22 Sec. 1.08. PREEMPTION. No governmental subdivision or
11-23 agency may enact or enforce a law that makes any conduct covered by
11-24 this code an offense subject to a criminal penalty. This section
11-25 shall apply only as long as the law governing the conduct
11-26 proscribed by this code is legally enforceable.
11-27 CHAPTER 2. BURDEN OF PROOF
12-1 Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT. All persons are
12-2 presumed to be innocent and no person may be convicted of an
12-3 offense unless each element of the offense is proved beyond a
12-4 reasonable doubt. The fact that he has been arrested, confined, or
12-5 indicted for, or otherwise charged with, the offense gives rise to
12-6 no inference of guilt at his trial.
12-7 Sec. 2.02. EXCEPTION. (a) An exception to an offense in
12-8 this code is so labeled by the phrase: "It is an exception to the
12-9 application of . . . ."
12-10 (b) The prosecuting attorney must negate the existence of an
12-11 exception in the accusation charging commission of the offense and
12-12 prove beyond a reasonable doubt that the defendant or defendant's
12-13 conduct does not fall within the exception.
12-14 (c) This section does not affect exceptions applicable to
12-15 offenses enacted prior to the effective date of this code.
12-16 Sec. 2.03. DEFENSE. (a) A defense to prosecution for an
12-17 offense in this code is so labeled by the phrase: "It is a defense
12-18 to prosecution . . . ."
12-19 (b) The prosecuting attorney is not required to negate the
12-20 existence of a defense in the accusation charging commission of the
12-21 offense.
12-22 (c) The issue of the existence of a defense is not submitted
12-23 to the jury unless evidence is admitted supporting the defense.
12-24 (d) If the issue of the existence of a defense is submitted
12-25 to the jury, the court shall charge that a reasonable doubt on the
12-26 issue requires that the defendant be acquitted.
12-27 (e) A ground of defense in a penal law that is not plainly
13-1 labeled in accordance with this chapter has the procedural and
13-2 evidentiary consequences of a defense.
13-3 Sec. 2.04. AFFIRMATIVE DEFENSE. (a) An affirmative defense
13-4 in this code is so labeled by the phrase: "It is an affirmative
13-5 defense to prosecution . . . ."
13-6 (b) The prosecuting attorney is not required to negate the
13-7 existence of an affirmative defense in the accusation charging
13-8 commission of the offense.
13-9 (c) The issue of the existence of an affirmative defense is
13-10 not submitted to the jury unless evidence is admitted supporting
13-11 the defense.
13-12 (d) If the issue of the existence of an affirmative defense
13-13 is submitted to the jury, the court shall charge that the defendant
13-14 must prove the affirmative defense by a preponderance of evidence.
13-15 Sec. 2.05. PRESUMPTION. When this code or another penal law
13-16 establishes a presumption with respect to any fact, it has the
13-17 following consequences:
13-18 (1) if there is sufficient evidence of the facts that
13-19 give rise to the presumption, the issue of the existence of the
13-20 presumed fact must be submitted to the jury, unless the court is
13-21 satisfied that the evidence as a whole clearly precludes a finding
13-22 beyond a reasonable doubt of the presumed fact; and
13-23 (2) if the existence of the presumed fact is submitted
13-24 to the jury, the court shall charge the jury, in terms of the
13-25 presumption and the specific element to which it applies, as
13-26 follows:
13-27 (A) that the facts giving rise to the
14-1 presumption must be proven beyond a reasonable doubt;
14-2 (B) that if such facts are proven beyond a
14-3 reasonable doubt the jury may find that the element of the offense
14-4 sought to be presumed exists, but it is not bound to so find;
14-5 (C) that even though the jury may find the
14-6 existence of such element, the state must prove beyond a reasonable
14-7 doubt each of the other elements of the offense charged; and
14-8 (D) if the jury has a reasonable doubt as to the
14-9 existence of a fact or facts giving rise to the presumption, the
14-10 presumption fails and the jury shall not consider the presumption
14-11 for any purpose.
14-12 CHAPTER 3. MULTIPLE PROSECUTIONS
14-13 Sec. 3.01. DEFINITION. In this chapter, "criminal episode"
14-14 means the commission of two or more offenses, regardless of whether
14-15 the harm is directed toward or inflicted upon more than one person
14-16 or item of property, under the following circumstances:
14-17 (1) the offenses are committed pursuant to the same
14-18 transaction or pursuant to two or more transactions that are
14-19 connected or constitute a common scheme or plan; or
14-20 (2) the offenses are the repeated commission of the
14-21 same or similar offenses.
14-22 Sec. 3.02. CONSOLIDATION AND JOINDER OF PROSECUTIONS.
14-23 (a) A defendant may be prosecuted in a single criminal action for
14-24 all offenses arising out of the same criminal episode.
14-25 (b) When a single criminal action is based on more than one
14-26 charging instrument within the jurisdiction of the trial court, the
14-27 state shall file written notice of the action not less than 30 days
15-1 prior to the trial.
15-2 (c) If a judgment of guilt is reversed, set aside, or
15-3 vacated, and a new trial ordered, the state may not prosecute in a
15-4 single criminal action in the new trial any offense not joined in
15-5 the former prosecution unless evidence to establish probable guilt
15-6 for that offense was not known to the appropriate prosecuting
15-7 official at the time the first prosecution commenced.
15-8 Sec. 3.03. Sentences for Offenses Arising Out of Same
15-9 Criminal Episode. When the accused is found guilty of more than
15-10 one offense arising out of the same criminal episode prosecuted in
15-11 a single criminal action, sentence for each offense for which he
15-12 has been found guilty shall be pronounced. Such sentences shall
15-13 run concurrently.
15-14 Sec. 3.04. Severance. (a) Whenever two or more offenses
15-15 have been consolidated or joined for trial under Section 3.02 <of
15-16 this code>, the defendant shall have a right to a severance of the
15-17 offenses.
15-18 (b) In the event of severance under this section, the
15-19 provisions of Section 3.03 <of this code> do not apply, and the
15-20 court in its discretion may order the sentences to run either
15-21 concurrently or consecutively.
15-22 TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
15-23 CHAPTER 6. CULPABILITY GENERALLY
15-24 Sec. 6.01. Requirement of Voluntary Act or Omission. (a) A
15-25 person commits an offense only if he voluntarily engages in
15-26 conduct, including an act, an omission, or possession.
15-27 (b) Possession is a voluntary act if the possessor knowingly
16-1 obtains or receives the thing possessed or is aware of his control
16-2 of the thing for a sufficient time to permit him to terminate his
16-3 control.
16-4 (c) A person who omits to perform an act does not commit an
16-5 offense unless a statute provides that the omission is an offense
16-6 or otherwise provides that he has a duty to perform the act.
16-7 Sec. 6.02. Requirement of Culpability. (a) Except as
16-8 provided in Subsection (b) <of this section>, a person does not
16-9 commit an offense unless he intentionally, knowingly, recklessly,
16-10 or with criminal negligence engages in conduct as the definition of
16-11 the offense requires.
16-12 (b) If the definition of an offense does not prescribe a
16-13 culpable mental state, a culpable mental state is nevertheless
16-14 required unless the definition plainly dispenses with any mental
16-15 element.
16-16 (c) If the definition of an offense does not prescribe a
16-17 culpable mental state, but one is nevertheless required under
16-18 Subsection (b) <of this section>, intent, knowledge, or
16-19 recklessness suffices to establish criminal responsibility.
16-20 (d) Culpable mental states are classified according to
16-21 relative degrees, from highest to lowest, as follows:
16-22 (1) intentional;
16-23 (2) knowing;
16-24 (3) reckless;
16-25 (4) criminal negligence.
16-26 (e) Proof of a higher degree of culpability than that
16-27 charged constitutes proof of the culpability charged.
17-1 Sec. 6.03. Definitions of Culpable Mental States. (a) A
17-2 person acts intentionally, or with intent, with respect to the
17-3 nature of his conduct or to a result of his conduct when it is his
17-4 conscious objective or desire to engage in the conduct or cause the
17-5 result.
17-6 (b) A person acts knowingly, or with knowledge, with respect
17-7 to the nature of his conduct or to circumstances surrounding his
17-8 conduct when he is aware of the nature of his conduct or that the
17-9 circumstances exist. A person acts knowingly, or with knowledge,
17-10 with respect to a result of his conduct when he is aware that his
17-11 conduct is reasonably certain to cause the result.
17-12 (c) A person acts recklessly, or is reckless, with respect
17-13 to circumstances surrounding his conduct or the result of his
17-14 conduct when he is aware of but consciously disregards a
17-15 substantial and unjustifiable risk that the circumstances exist or
17-16 the result will occur. The risk must be of such a nature and
17-17 degree that its disregard constitutes a gross deviation from the
17-18 standard of care that an ordinary person would exercise under all
17-19 the circumstances as viewed from the actor's standpoint.
17-20 (d) A person acts with criminal negligence, or is criminally
17-21 negligent, with respect to circumstances surrounding his conduct or
17-22 the result of his conduct when he ought to be aware of a
17-23 substantial and unjustifiable risk that the circumstances exist or
17-24 the result will occur. The risk must be of such a nature and
17-25 degree that the failure to perceive it constitutes a gross
17-26 deviation from the standard of care that an ordinary person would
17-27 exercise under all the circumstances as viewed from the actor's
18-1 standpoint.
18-2 Sec. 6.04. Causation: Conduct and Results. (a) A person
18-3 is criminally responsible if the result would not have occurred but
18-4 for his conduct, operating either alone or concurrently with
18-5 another cause, unless the concurrent cause was clearly sufficient
18-6 to produce the result and the conduct of the actor clearly
18-7 insufficient.
18-8 (b) A person is nevertheless criminally responsible for
18-9 causing a result if the only difference between what actually
18-10 occurred and what he desired, contemplated, or risked is that:
18-11 (1) a different offense was committed; or
18-12 (2) a different person or property was injured,
18-13 harmed, or otherwise affected.
18-14 CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
18-15 SUBCHAPTER A. COMPLICITY
18-16 Sec. 7.01. Parties to Offenses. (a) A person is criminally
18-17 responsible as a party to an offense if the offense is committed by
18-18 his own conduct, by the conduct of another for which he is
18-19 criminally responsible, or by both.
18-20 (b) Each party to an offense may be charged with commission
18-21 of the offense.
18-22 (c) All traditional distinctions between accomplices and
18-23 principals are abolished by this section, and each party to an
18-24 offense may be charged and convicted without alleging that he acted
18-25 as a principal or accomplice.
18-26 Sec. 7.02. Criminal Responsibility for Conduct of Another.
18-27 (a) A person is criminally responsible for an offense committed by
19-1 the conduct of another if:
19-2 (1) acting with the kind of culpability required for
19-3 the offense, he causes or aids an innocent or nonresponsible person
19-4 to engage in conduct prohibited by the definition of the offense;
19-5 (2) acting with intent to promote or assist the
19-6 commission of the offense, he solicits, encourages, directs, aids,
19-7 or attempts to aid the other person to commit the offense; or
19-8 (3) having a legal duty to prevent commission of the
19-9 offense and acting with intent to promote or assist its commission,
19-10 he fails to make a reasonable effort to prevent commission of the
19-11 offense.
19-12 (b) If, in the attempt to carry out a conspiracy to commit
19-13 one felony, another felony is committed by one of the conspirators,
19-14 all conspirators are guilty of the felony actually committed,
19-15 though having no intent to commit it, if the offense was committed
19-16 in furtherance of the unlawful purpose and was one that should have
19-17 been anticipated as a result of the carrying out of the conspiracy.
19-18 Sec. 7.03. Defenses Excluded. In a prosecution in which an
19-19 actor's criminal responsibility is based on the conduct of another,
19-20 the actor may be convicted on proof of commission of the offense
19-21 and that he was a party to its commission, and it is no defense:
19-22 (1) that the actor belongs to a class of persons that
19-23 by definition of the offense is legally incapable of committing the
19-24 offense in an individual capacity; or
19-25 (2) that the person for whose conduct the actor is
19-26 criminally responsible has been acquitted, has not been prosecuted
19-27 or convicted, has been convicted of a different offense or of a
20-1 different type or class of offense, or is immune from prosecution.
20-2 (Sections 7.04 to 7.20 reserved for expansion)
20-3 SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS
20-4 Sec. 7.21. Definitions. In this subchapter:
20-5 (1) "Agent" means a director, officer, employee, or
20-6 other person authorized to act in behalf of a corporation or
20-7 association.
20-8 (2) "High managerial agent" means:
20-9 (A) a partner in a partnership;
20-10 (B) an officer of a corporation or association;
20-11 (C) an agent of a corporation or association who
20-12 has duties of such responsibility that his conduct reasonably may
20-13 be assumed to represent the policy of the corporation or
20-14 association.
20-15 Sec. 7.22. Criminal Responsibility of Corporation or
20-16 Association. (a) If conduct constituting an offense is performed
20-17 by an agent acting in behalf of a corporation or association and
20-18 within the scope of his office or employment, the corporation or
20-19 association is criminally responsible for an offense defined:
20-20 (1) in this code where corporations and associations
20-21 are made subject thereto;
20-22 (2) by law other than this code in which a legislative
20-23 purpose to impose criminal responsibility on corporations or
20-24 associations plainly appears; or
20-25 (3) by law other than this code for which strict
20-26 liability is imposed, unless a legislative purpose not to impose
20-27 criminal responsibility on corporations or associations plainly
21-1 appears.
21-2 (b) A corporation or association is criminally responsible
21-3 for a felony offense only if its commission was authorized,
21-4 requested, commanded, performed, or recklessly tolerated by:
21-5 (1) a majority of the governing board acting in behalf
21-6 of the corporation or association; or
21-7 (2) a high managerial agent acting in behalf of the
21-8 corporation or association and within the scope of his office or
21-9 employment.
21-10 Sec. 7.23. Criminal Responsibility of Person for Conduct in
21-11 Behalf of Corporation or Association. (a) An individual is
21-12 criminally responsible for conduct that he performs in the name of
21-13 or in behalf of a corporation or association to the same extent as
21-14 if the conduct were performed in his own name or behalf.
21-15 (b) An agent having primary responsibility for the discharge
21-16 of a duty to act imposed by law on a corporation or association is
21-17 criminally responsible for omission to discharge the duty to the
21-18 same extent as if the duty were imposed by law directly on him.
21-19 (c) If an individual is convicted of conduct constituting an
21-20 offense performed in the name of or on behalf of a corporation or
21-21 association, he is subject to the sentence authorized by law for an
21-22 individual convicted of the offense.
21-23 Sec. 7.24. Defense to Criminal Responsibility of Corporation
21-24 or Association. It is an affirmative defense to prosecution of a
21-25 corporation or association under Section 7.22(a)(1) or (a)(2) <of
21-26 this code> that the high managerial agent having supervisory
21-27 responsibility over the subject matter of the offense employed due
22-1 diligence to prevent its commission.
22-2 CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
22-3 Sec. 8.01. INSANITY. (a) It is an affirmative defense to
22-4 prosecution that, at the time of the conduct charged, the actor, as
22-5 a result of severe mental disease or defect, did not know that his
22-6 conduct was wrong.
22-7 (b) The term "mental disease or defect" does not include an
22-8 abnormality manifested only by repeated criminal or otherwise
22-9 antisocial conduct.
22-10 Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to
22-11 prosecution that the actor through mistake formed a reasonable
22-12 belief about a matter of fact if his mistaken belief negated the
22-13 kind of culpability required for commission of the offense.
22-14 (b) Although an actor's mistake of fact may constitute a
22-15 defense to the offense charged, he may nevertheless be convicted of
22-16 any lesser included offense of which he would be guilty if the fact
22-17 were as he believed.
22-18 Sec. 8.03. MISTAKE OF LAW. (a) It is no defense to
22-19 prosecution that the actor was ignorant of the provisions of any
22-20 law after the law has taken effect.
22-21 (b) It is an affirmative defense to prosecution that the
22-22 actor reasonably believed the conduct charged did not constitute a
22-23 crime and that he acted in reasonable reliance upon:
22-24 (1) an official statement of the law contained in a
22-25 written order or grant of permission by an administrative agency
22-26 charged by law with responsibility for interpreting the law in
22-27 question; or
23-1 (2) a written interpretation of the law contained in
23-2 an opinion of a court of record or made by a public official
23-3 charged by law with responsibility for interpreting the law in
23-4 question.
23-5 (c) Although an actor's mistake of law may constitute a
23-6 defense to the offense charged, he may nevertheless be convicted of
23-7 a lesser included offense of which he would be guilty if the law
23-8 were as he believed.
23-9 Sec. 8.04. INTOXICATION. (a) Voluntary intoxication does
23-10 not constitute a defense to the commission of crime.
23-11 (b) Evidence of temporary insanity caused by intoxication
23-12 may be introduced by the actor in mitigation of the penalty
23-13 attached to the offense for which he is being tried.
23-14 (c) When temporary insanity is relied upon as a defense and
23-15 the evidence tends to show that such insanity was caused by
23-16 intoxication, the court shall charge the jury in accordance with
23-17 the provisions of this section.
23-18 (d) For purposes of this section "intoxication" means
23-19 disturbance of mental or physical capacity resulting from the
23-20 introduction of any substance into the body.
23-21 Sec. 8.05. DURESS. (a) It is an affirmative defense to
23-22 prosecution that the actor engaged in the proscribed conduct
23-23 because he was compelled to do so by threat of imminent death or
23-24 serious bodily injury to himself or another.
23-25 (b) In a prosecution for an offense that does not constitute
23-26 a felony, it is an affirmative defense to prosecution that the
23-27 actor engaged in the proscribed conduct because he was compelled to
24-1 do so by force or threat of force.
24-2 (c) Compulsion within the meaning of this section exists
24-3 only if the force or threat of force would render a person of
24-4 reasonable firmness incapable of resisting the pressure.
24-5 (d) The defense provided by this section is unavailable if
24-6 the actor intentionally, knowingly, or recklessly placed himself in
24-7 a situation in which it was probable that he would be subjected to
24-8 compulsion.
24-9 (e) It is no defense that a person acted at the command or
24-10 persuasion of his spouse, unless he acted under compulsion that
24-11 would establish a defense under this section.
24-12 Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution
24-13 that the actor engaged in the conduct charged because he was
24-14 induced to do so by a law enforcement agent using persuasion or
24-15 other means likely to cause persons to commit the offense. Conduct
24-16 merely affording a person an opportunity to commit an offense does
24-17 not constitute entrapment.
24-18 (b) In this section "law enforcement agent" includes
24-19 personnel of the state and local law enforcement agencies as well
24-20 as of the United States and any person acting in accordance with
24-21 instructions from such agents.
24-22 Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A
24-23 person may not be prosecuted for or convicted of any offense that
24-24 he committed when younger than 15 years of age except:
24-25 (1) perjury and aggravated perjury when it appears by
24-26 proof that he had sufficient discretion to understand the nature
24-27 and obligation of an oath;
25-1 (2) a violation of a penal statute cognizable under
25-2 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957<,
25-3 as amended> (Article 6701l-4, Vernon's Texas Civil Statutes),
25-4 except conduct which violates the laws of this state prohibiting
25-5 driving while intoxicated or under the influence of intoxicating
25-6 liquor (first or subsequent offense) or driving while under the
25-7 influence of any narcotic drug or of any other drug to a degree
25-8 which renders him incapable of safely driving a vehicle (first or
25-9 subsequent offense);
25-10 (3) a violation of a motor vehicle traffic ordinance
25-11 of an incorporated city or town in this state;
25-12 (4) a misdemeanor punishable by fine only other than
25-13 public intoxication; or
25-14 (5) a violation of a penal ordinance of a political
25-15 subdivision.
25-16 (b) Unless the juvenile court waives jurisdiction and
25-17 certifies the individual for criminal prosecution, a person may not
25-18 be prosecuted for or convicted of any offense committed before
25-19 reaching 17 years of age except:
25-20 (1) perjury and aggravated perjury when it appears by
25-21 proof that he had sufficient discretion to understand the nature
25-22 and obligation of an oath;
25-23 (2) a violation of a penal statute cognizable under
25-24 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957<,
25-25 as amended> (Article 6701l-4, Vernon's Texas Civil Statutes),
25-26 except conduct which violates the laws of this state prohibiting
25-27 driving while intoxicated or under the influence of intoxicating
26-1 liquor (first or subsequent offense) or driving while under the
26-2 influence of any narcotic drug or of any other drug to a degree
26-3 which renders him incapable of safely driving a vehicle (first or
26-4 subsequent offense);
26-5 (3) a violation of a motor vehicle traffic ordinance
26-6 of an incorporated city or town in this state;
26-7 (4) a misdemeanor punishable by fine only other than
26-8 public intoxication; or
26-9 (5) a violation of a penal ordinance of a political
26-10 subdivision.
26-11 (c) Unless the juvenile court waives jurisdiction and
26-12 certifies the individual for criminal prosecution, a person who has
26-13 been alleged in a petition for an adjudication hearing to have
26-14 engaged in delinquent conduct or conduct indicating a need for
26-15 supervision may not be prosecuted for or convicted of any offense
26-16 alleged in the juvenile court petition or any offense within the
26-17 knowledge of the juvenile court judge as evidenced by anything in
26-18 the record of the juvenile court proceedings.
26-19 (d) No person may, in any case, be punished by death for an
26-20 offense committed while he was younger than 17 years.
26-21 CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
26-22 SUBCHAPTER A. GENERAL PROVISIONS
26-23 Sec. 9.01. DEFINITIONS. In this chapter:
26-24 (1) "Custody" means:
26-25 (A) under arrest by a peace officer; or
26-26 (B) under restraint by a public servant pursuant
26-27 to an order of a court.
27-1 (2) "Escape" means unauthorized departure from custody
27-2 or failure to return to custody following temporary leave for a
27-3 specific purpose or limited period<, but does not include a
27-4 violation of conditions of probation or parole>.
27-5 (3) "Deadly force" means force that is intended or
27-6 known by the actor to cause, or in the manner of its use or
27-7 intended use is capable of causing, death or serious bodily injury.
27-8 Sec. 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to
27-9 prosecution that the conduct in question is justified under this
27-10 chapter.
27-11 Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement is
27-12 justified when force is justified by this chapter if the actor
27-13 takes reasonable measures to terminate the confinement as soon as
27-14 he knows he safely can unless the person confined has been arrested
27-15 for an offense.
27-16 Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of
27-17 force is justified when the use of force is justified by this
27-18 chapter. For purposes of this section, a threat to cause death or
27-19 serious bodily injury by the production of a weapon or otherwise,
27-20 as long as the actor's purpose is limited to creating an
27-21 apprehension that he will use deadly force if necessary, does not
27-22 constitute the use of deadly force.
27-23 Sec. 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even
27-24 though an actor is justified under this chapter in threatening or
27-25 using force or deadly force against another, if in doing so he also
27-26 recklessly injures or kills an innocent third person, the
27-27 justification afforded by this chapter is unavailable in a
28-1 prosecution for the reckless injury or killing of the innocent
28-2 third person.
28-3 Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct
28-4 is justified under this chapter does not abolish or impair any
28-5 remedy for the conduct that is available in a civil suit.
28-6 (Sections 9.07 to 9.20 reserved for expansion)
28-7 SUBCHAPTER B. JUSTIFICATION GENERALLY
28-8 Sec. 9.21. PUBLIC DUTY. (a) Except as qualified by
28-9 Subsections (b) and (c) <of this section>, conduct is justified if
28-10 the actor reasonably believes the conduct is required or authorized
28-11 by law, by the judgment or order of a competent court or other
28-12 governmental tribunal, or in the execution of legal process.
28-13 (b) The other sections of this chapter control when force is
28-14 used against a person to protect persons (Subchapter C), to protect
28-15 property (Subchapter D), for law enforcement (Subchapter E), or by
28-16 virtue of a special relationship (Subchapter F).
28-17 (c) The use of deadly force is not justified under this
28-18 section unless the actor reasonably believes the deadly force is
28-19 specifically required by statute or unless it occurs in the lawful
28-20 conduct of war. If deadly force is so justified, there is no duty
28-21 to retreat before using it.
28-22 (d) The justification afforded by this section is available
28-23 if the actor reasonably believes:
28-24 (1) the court or governmental tribunal has
28-25 jurisdiction or the process is lawful, even though the court or
28-26 governmental tribunal lacks jurisdiction or the process is
28-27 unlawful; or
29-1 (2) his conduct is required or authorized to assist a
29-2 public servant in the performance of his official duty, even though
29-3 the servant exceeds his lawful authority.
29-4 Sec. 9.22. NECESSITY. Conduct is justified if:
29-5 (1) the actor reasonably believes the conduct is
29-6 immediately necessary to avoid imminent harm;
29-7 (2) the desirability and urgency of avoiding the harm
29-8 clearly outweigh, according to ordinary standards of
29-9 reasonableness, the harm sought to be prevented by the law
29-10 proscribing <prescribing> the conduct; and
29-11 (3) a legislative purpose to exclude the justification
29-12 claimed for the conduct does not otherwise plainly appear.
29-13 (Sections 9.23 to 9.30 reserved for expansion)
29-14 SUBCHAPTER C. PROTECTION OF PERSONS
29-15 Sec. 9.31. SELF-DEFENSE. (a) Except as provided in
29-16 Subsection (b) <of this section>, a person is justified in using
29-17 force against another when and to the degree he reasonably believes
29-18 the force is immediately necessary to protect himself against the
29-19 other's use or attempted use of unlawful force.
29-20 (b) The use of force against another is not justified:
29-21 (1) in response to verbal provocation alone;
29-22 (2) to resist an arrest or search that the actor knows
29-23 is being made by a peace officer, or by a person acting in a peace
29-24 officer's presence and at his direction, even though the arrest or
29-25 search is unlawful, unless the resistance is justified under
29-26 Subsection (c) <of this section>;
29-27 (3) if the actor consented to the exact force used or
30-1 attempted by the other; or
30-2 (4) if the actor provoked the other's use or attempted
30-3 use of unlawful force, unless:
30-4 (A) the actor abandons the encounter, or clearly
30-5 communicates to the other his intent to do so reasonably believing
30-6 he cannot safely abandon the encounter; and
30-7 (B) the other nevertheless continues or attempts
30-8 to use unlawful force against the actor.
30-9 (c) The use of force to resist an arrest or search is
30-10 justified:
30-11 (1) if, before the actor offers any resistance, the
30-12 peace officer (or person acting at his direction) uses or attempts
30-13 to use greater force than necessary to make the arrest or search;
30-14 and
30-15 (2) when and to the degree the actor reasonably
30-16 believes the force is immediately necessary to protect himself
30-17 against the peace officer's (or other person's) use or attempted
30-18 use of greater force than necessary.
30-19 (d) The use of deadly force is not justified under this
30-20 subchapter except as provided in Sections 9.32, 9.33, and 9.34 <of
30-21 this code>.
30-22 Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. A person is
30-23 justified in using deadly force against another:
30-24 (1) if he would be justified in using force against
30-25 the other under Section 9.31 <of this code>;
30-26 (2) if a reasonable person in the actor's situation
30-27 would not have retreated; and
31-1 (3) when and to the degree he reasonably believes the
31-2 deadly force is immediately necessary:
31-3 (A) to protect himself against the other's use
31-4 or attempted use of unlawful deadly force; or
31-5 (B) to prevent the other's imminent commission
31-6 of aggravated kidnapping, murder, sexual assault, aggravated sexual
31-7 assault, robbery, or aggravated robbery.
31-8 Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified
31-9 in using force or deadly force against another to protect a third
31-10 person if:
31-11 (1) under the circumstances as the actor reasonably
31-12 believes them to be, the actor would be justified under Section
31-13 9.31 or 9.32 <of this code> in using force or deadly force to
31-14 protect himself against the unlawful force or unlawful deadly force
31-15 he reasonably believes to be threatening the third person he seeks
31-16 to protect; and
31-17 (2) the actor reasonably believes that his
31-18 intervention is immediately necessary to protect the third person.
31-19 Sec. 9.34. PROTECTION OF LIFE OR HEALTH. (a) A person is
31-20 justified in using force, but not deadly force, against another
31-21 when and to the degree he reasonably believes the force is
31-22 immediately necessary to prevent the other from committing suicide
31-23 or inflicting serious bodily injury to himself.
31-24 (b) A person is justified in using both force and deadly
31-25 force against another when and to the degree he reasonably believes
31-26 the force or deadly force is immediately necessary to preserve the
31-27 other's life in an emergency.
32-1 (Sections 9.35 to 9.40 reserved for expansion)
32-2 SUBCHAPTER D. PROTECTION OF PROPERTY
32-3 Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
32-4 in lawful possession of land or tangible, movable property is
32-5 justified in using force against another when and to the degree the
32-6 actor reasonably believes the force is immediately necessary to
32-7 prevent or terminate the other's trespass on the land or unlawful
32-8 interference with the property.
32-9 (b) A person unlawfully dispossessed of land or tangible,
32-10 movable property by another is justified in using force against the
32-11 other when and to the degree the actor reasonably believes the
32-12 force is immediately necessary to reenter the land or recover the
32-13 property if the actor uses the force immediately or in fresh
32-14 pursuit after the dispossession and:
32-15 (1) the actor reasonably believes the other had no
32-16 claim of right when he dispossessed the actor; or
32-17 (2) the other accomplished the dispossession by using
32-18 force, threat, or fraud against the actor.
32-19 Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
32-20 justified in using deadly force against another to protect land or
32-21 tangible, movable property:
32-22 (1) if he would be justified in using force against
32-23 the other under Section 9.41 <of this code>; and
32-24 (2) when and to the degree he reasonably believes the
32-25 deadly force is immediately necessary:
32-26 (A) to prevent the other's imminent commission
32-27 of arson, burglary, robbery, aggravated robbery, theft during the
33-1 nighttime, or criminal mischief during the nighttime; or
33-2 (B) to prevent the other who is fleeing
33-3 immediately after committing burglary, robbery, aggravated robbery,
33-4 or theft during the nighttime from escaping with the property; and
33-5 (3) he reasonably believes that:
33-6 (A) the land or property cannot be protected or
33-7 recovered by any other means; or
33-8 (B) the use of force other than deadly force to
33-9 protect or recover the land or property would expose the actor or
33-10 another to a substantial risk of death or serious bodily injury.
33-11 Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
33-12 is justified in using force or deadly force against another to
33-13 protect land or tangible, movable property of a third person if,
33-14 under the circumstances as he reasonably believes them to be, the
33-15 actor would be justified under Section 9.41 or 9.42 <of this code>
33-16 in using force or deadly force to protect his own land or property
33-17 and:
33-18 (1) the actor reasonably believes the unlawful
33-19 interference constitutes attempted or consummated theft of or
33-20 criminal mischief to the tangible, movable property; or
33-21 (2) the actor reasonably believes that:
33-22 (A) the third person has requested his
33-23 protection of the land or property;
33-24 (B) he has a legal duty to protect the third
33-25 person's land or property; or
33-26 (C) the third person whose land or property he
33-27 uses force or deadly force to protect is the actor's spouse,
34-1 parent, or child, resides with the actor, or is under the actor's
34-2 care.
34-3 Sec. 9.44. USE OF DEVICE TO PROTECT PROPERTY. The
34-4 justification afforded by Sections 9.41 and 9.43 <of this code>
34-5 applies to the use of a device to protect land or tangible, movable
34-6 property if:
34-7 (1) the device is not designed to cause, or known by
34-8 the actor to create a substantial risk of causing, death or serious
34-9 bodily injury; and
34-10 (2) use of the device is reasonable under all the
34-11 circumstances as the actor reasonably believes them to be when he
34-12 installs the device.
34-13 (Sections 9.45 to 9.50 reserved for expansion)
34-14 SUBCHAPTER E. LAW ENFORCEMENT
34-15 Sec. 9.51. ARREST AND SEARCH. (a) A peace officer, or a
34-16 person acting in a peace officer's presence and at his direction,
34-17 is justified in using force against another when and to the degree
34-18 the actor reasonably believes the force is immediately necessary to
34-19 make or assist in making an arrest or search, or to prevent or
34-20 assist in preventing escape after arrest, if:
34-21 (1) the actor reasonably believes the arrest or search
34-22 is lawful or, if the arrest or search is made under a warrant, he
34-23 reasonably believes the warrant is valid; and
34-24 (2) before using force, the actor manifests his
34-25 purpose to arrest or search and identifies himself as a peace
34-26 officer or as one acting at a peace officer's direction, unless he
34-27 reasonably believes his purpose and identity are already known by
35-1 or cannot reasonably be made known to the person to be arrested.
35-2 (b) A person other than a peace officer (or one acting at
35-3 his direction) is justified in using force against another when and
35-4 to the degree the actor reasonably believes the force is
35-5 immediately necessary to make or assist in making a lawful arrest,
35-6 or to prevent or assist in preventing escape after lawful arrest
35-7 if, before using force, the actor manifests his purpose to and the
35-8 reason for the arrest or reasonably believes his purpose and the
35-9 reason are already known by or cannot reasonably be made known to
35-10 the person to be arrested.
35-11 (c) A peace officer is justified in using deadly force
35-12 against another when and to the degree the peace officer reasonably
35-13 believes the deadly force is immediately necessary to make an
35-14 arrest, or to prevent escape after arrest, if the use of force
35-15 would have been justified under Subsection (a) <of this section>
35-16 and:
35-17 (1) the actor reasonably believes the conduct for
35-18 which arrest is authorized included the use or attempted use of
35-19 deadly force; or
35-20 (2) the actor reasonably believes there is a
35-21 substantial risk that the person to be arrested will cause death or
35-22 serious bodily injury to the actor or another if the arrest is
35-23 delayed.
35-24 (d) A person other than a peace officer acting in a peace
35-25 officer's presence and at his direction is justified in using
35-26 deadly force against another when and to the degree the person
35-27 reasonably believes the deadly force is immediately necessary to
36-1 make a lawful arrest, or to prevent escape after a lawful arrest,
36-2 if the use of force would have been justified under Subsection (b)
36-3 <of this section> and:
36-4 (1) the actor reasonably believes the felony or
36-5 offense against the public peace for which arrest is authorized
36-6 included the use or attempted use of deadly force; or
36-7 (2) the actor reasonably believes there is a
36-8 substantial risk that the person to be arrested will cause death or
36-9 serious bodily injury to another if the arrest is delayed.
36-10 (e) There is no duty to retreat before using deadly force
36-11 justified by Subsection (c) or (d) <of this section>.
36-12 (f) Nothing in this section relating to the actor's
36-13 manifestation of purpose or identity shall be construed as
36-14 conflicting with any other law relating to the issuance, service,
36-15 and execution of an arrest or search warrant either under the laws
36-16 of this state or the United States.
36-17 (g) Deadly force may only be used under the circumstances
36-18 enumerated in Subsections (c) and (d) <of this section>.
36-19 Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of
36-20 force to prevent the escape of an arrested person from custody is
36-21 justifiable when the force could have been employed to effect the
36-22 arrest under which the person is in custody, except that a guard
36-23 employed by a correctional facility <penal institution> or a peace
36-24 officer is justified in using any force, including deadly force,
36-25 that he reasonably believes to be immediately necessary to prevent
36-26 the escape of a person from the correctional facility <a jail,
36-27 prison, or other institution for the detention of persons charged
37-1 with or convicted of a crime>.
37-2 Sec. 9.53. MAINTAINING SECURITY IN CORRECTIONAL FACILITY
37-3 <PENAL INSTITUTION>. An officer or employee of a correctional
37-4 facility <A peace officer, jailer, or guard employed at a municipal
37-5 or county jail, or a guard or correctional officer employed by the
37-6 Texas Department of Corrections> is justified in using force
37-7 against a person in custody when and to the degree the <peace>
37-8 officer<, jailer, guard,> or employee <correctional officer>
37-9 reasonably believes the force is necessary to maintain the security
37-10 of the correctional facility <penal institution>, the safety or
37-11 security of other persons in custody or employed by the
37-12 correctional facility <penal institution>, or his own safety or
37-13 security.
37-14 (Sections 9.54 to 9.60 reserved for expansion)
37-15 SUBCHAPTER F. SPECIAL RELATIONSHIPS
37-16 Sec. 9.61. PARENT--CHILD. (a) The use of force, but not
37-17 deadly force, against a child younger than 18 years is justified:
37-18 (1) if the actor is the child's parent or stepparent
37-19 or is acting in loco parentis to the child; and
37-20 (2) when and to the degree the actor reasonably
37-21 believes the force is necessary to discipline the child or to
37-22 safeguard or promote his welfare.
37-23 (b) For purposes of this section, "in loco parentis"
37-24 includes grandparent and guardian, any person acting by, through,
37-25 or under the direction of a court with jurisdiction over the child,
37-26 and anyone who has express or implied consent of the parent or
37-27 parents.
38-1 Sec. 9.62. EDUCATOR--STUDENT. The use of force, but not
38-2 deadly force, against a person is justified:
38-3 (1) if the actor is entrusted with the care,
38-4 supervision, or administration of the person for a special purpose;
38-5 and
38-6 (2) when and to the degree the actor reasonably
38-7 believes the force is necessary to further the special purpose or
38-8 to maintain discipline in a group.
38-9 Sec. 9.63. GUARDIAN--INCOMPETENT. The use of force, but not
38-10 deadly force, against a mental incompetent is justified:
38-11 (1) if the actor is the incompetent's guardian or
38-12 someone similarly responsible for the general care and supervision
38-13 of the incompetent; and
38-14 (2) when and to the degree the actor reasonably
38-15 believes the force is necessary:
38-16 (A) to safeguard and promote the incompetent's
38-17 welfare; or
38-18 (B) if the incompetent is in an institution for
38-19 his care and custody, to maintain discipline in the institution.
38-20 TITLE 3. PUNISHMENTS
38-21 CHAPTER 12. PUNISHMENTS
38-22 SUBCHAPTER A. GENERAL PROVISIONS
38-23 Sec. 12.01. PUNISHMENT IN ACCORDANCE WITH CODE. (a) A
38-24 person adjudged guilty of an offense under this code shall be
38-25 punished in accordance with this chapter and the Code of Criminal
38-26 Procedure<, 1965>.
38-27 (b) Penal laws enacted after the effective date of this code
39-1 shall be classified for punishment purposes in accordance with this
39-2 chapter.
39-3 (c) This chapter does not deprive a court of authority
39-4 conferred by law to forfeit property, dissolve a corporation,
39-5 suspend or cancel a license or permit, remove a person from office,
39-6 cite for contempt, or impose any other civil penalty. The civil
39-7 penalty may be included in the sentence.
39-8 Sec. 12.02. CLASSIFICATION OF OFFENSES. Offenses are
39-9 designated as felonies or misdemeanors.
39-10 Sec. 12.03. CLASSIFICATION OF MISDEMEANORS.
39-11 (a) Misdemeanors are classified according to the relative
39-12 seriousness of the offense into three categories:
39-13 (1) Class A misdemeanors;
39-14 (2) Class B misdemeanors;
39-15 (3) Class C misdemeanors.
39-16 (b) An offense designated a misdemeanor in this code without
39-17 specification as to punishment or category is a Class C
39-18 misdemeanor.
39-19 (c) Conviction of a Class C misdemeanor does not impose any
39-20 legal disability or disadvantage.
39-21 Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are
39-22 classified according to the relative seriousness of the offense
39-23 into five <four> categories:
39-24 (1) capital felonies;
39-25 (2) felonies of the first degree;
39-26 (3) felonies of the second degree;
39-27 (4) felonies of the third degree; and
40-1 (5) state jail felonies.
40-2 (b) An offense designated a felony in this code without
40-3 specification as to category is a state jail felony <of the third
40-4 degree>.
40-5 (Sections 12.05 to 12.20 reserved for expansion)
40-6 SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS
40-7 Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged
40-8 guilty of a Class A misdemeanor shall be punished by:
40-9 (1) a fine not to exceed $3,000;
40-10 (2) confinement in jail for a term not to exceed one
40-11 year; or
40-12 (3) both such fine and confinement <imprisonment>.
40-13 Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged
40-14 guilty of a Class B misdemeanor shall be punished by:
40-15 (1) a fine not to exceed $1,500;
40-16 (2) confinement in jail for a term not to exceed 180
40-17 days; or
40-18 (3) both such fine and confinement <imprisonment>.
40-19 Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged
40-20 guilty of a Class C misdemeanor shall be punished by a fine not to
40-21 exceed $500.
40-22 (Sections 12.24 to 12.30 reserved for expansion)
40-23 SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS
40-24 Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
40-25 guilty of a capital felony in a case in which the state seeks the
40-26 death penalty shall be punished by imprisonment <confinement> in
40-27 the institutional division <of the Texas Department of Criminal
41-1 Justice> for life or by death. An individual adjudged guilty of a
41-2 capital felony in a case in which the state does not seek the death
41-3 penalty shall be punished by imprisonment <confinement> in the
41-4 institutional division for life.
41-5 (b) In a capital felony trial in which the state seeks the
41-6 death penalty, prospective jurors shall be informed that a sentence
41-7 of life imprisonment or death is mandatory on conviction of a
41-8 capital felony. In a capital felony trial in which the state does
41-9 not seek the death penalty, prospective jurors shall be informed
41-10 that the state is not seeking the death penalty and that a sentence
41-11 of life imprisonment is mandatory on conviction of the capital
41-12 felony.
41-13 Sec. 12.32. FIRST DEGREE <FIRST-DEGREE> FELONY PUNISHMENT.
41-14 (a) An individual adjudged guilty of a felony of the first degree
41-15 shall be punished by imprisonment <confinement> in the
41-16 institutional division <Texas Department of Corrections> for life
41-17 or for any term of not more than 99 years or less than 5 years.
41-18 (b) In addition to imprisonment, an individual adjudged
41-19 guilty of a felony of the first degree may be punished by a fine
41-20 not to exceed $10,000.
41-21 Sec. 12.33. SECOND DEGREE <SECOND-DEGREE> FELONY PUNISHMENT.
41-22 (a) An individual adjudged guilty of a felony of the second degree
41-23 shall be punished by imprisonment <confinement> in the
41-24 institutional division <Texas Department of Corrections> for any
41-25 term of not more than 20 years or less than 2 years.
41-26 (b) In addition to imprisonment, an individual adjudged
41-27 guilty of a felony of the second degree may be punished by a fine
42-1 not to exceed $10,000.
42-2 Sec. 12.34. THIRD DEGREE <THIRD-DEGREE> FELONY PUNISHMENT.
42-3 (a) An individual adjudged guilty of a felony of the third degree
42-4 shall be punished by imprisonment<:>
42-5 <(1) confinement> in the institutional division <of
42-6 the Texas Department of Criminal Justice> for any term of not more
42-7 than 10 years or less than 2 years<; or>
42-8 <(2) confinement in a community correctional facility
42-9 for any term of not more than 1 year>.
42-10 (b) In addition to imprisonment, an individual adjudged
42-11 guilty of a felony of the third degree may be punished by a fine
42-12 not to exceed $10,000.
42-13 Sec. 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as
42-14 provided by Subsection (c), an individual adjudged guilty of a
42-15 state jail felony shall be punished by confinement in a state jail
42-16 for any term of not more than two years or less than 180 days.
42-17 (b) In addition to confinement, an individual adjudged
42-18 guilty of a state jail felony may be punished by a fine not to
42-19 exceed $10,000.
42-20 (c) An individual adjudged guilty of a state jail felony
42-21 shall be punished for a third degree felony if it is shown on the
42-22 trial of the offense that:
42-23 (1) a deadly weapon as defined by Section 1.07 was
42-24 used or exhibited during the commission of the offense or during
42-25 immediate flight following the commission of the offense, and that
42-26 the individual used or exhibited the deadly weapon or was a party
42-27 to the offense and knew that a deadly weapon would be used or
43-1 exhibited; or
43-2 (2) the individual has previously been finally
43-3 convicted of any felony:
43-4 (A) listed in Section 3g(a)(1), Article 42.12,
43-5 Code of Criminal Procedure; or
43-6 (B) for which the judgment contains an
43-7 affirmative finding under Section 3g(a)(2), Article 42.12, Code of
43-8 Criminal Procedure.
43-9 (Sections 12.36 <12.35> to 12.40 reserved for expansion)
43-10 SUBCHAPTER D. EXCEPTIONAL SENTENCES
43-11 Sec. 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.
43-12 For purposes of this subchapter, any conviction not obtained from a
43-13 prosecution under this code shall be classified as follows:
43-14 (1) "felony of the third degree" if imprisonment
43-15 <confinement> in a penitentiary is affixed to the offense as a
43-16 possible punishment;
43-17 (2) "Class B misdemeanor" if the offense is not a
43-18 felony and confinement in a jail is affixed to the offense as a
43-19 possible punishment;
43-20 (3) "Class C misdemeanor" if the offense is punishable
43-21 by fine only.
43-22 Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY
43-23 OFFENDERS. (a) If it is <be> shown on the trial of a state jail
43-24 felony punishable under Section 12.35(c) or on the trial of a
43-25 third-degree felony that the defendant has been once before
43-26 convicted of a <any> felony, on conviction he shall be punished for
43-27 a second-degree felony.
44-1 (b) If it is <be> shown on the trial of a second-degree
44-2 felony that the defendant has been once before convicted of a <any>
44-3 felony, on conviction he shall be punished for a first-degree
44-4 felony.
44-5 (c) If it is <be> shown on the trial of a first-degree
44-6 felony that the defendant has been once before convicted of a <any>
44-7 felony, on conviction he shall be punished by imprisonment
44-8 <confinement> in the institutional division <Texas Department of
44-9 Corrections> for life, or for any term of not more than 99 years or
44-10 less than 15 years. In addition to imprisonment, an individual may
44-11 be punished by a fine not to exceed $10,000.
44-12 (d) If it is <be> shown on the trial of a <any> felony
44-13 offense that the defendant has previously been finally convicted of
44-14 two felony offenses, and the second previous felony conviction is
44-15 for an offense that occurred subsequent to the first previous
44-16 conviction having become final, on conviction he shall be punished
44-17 by imprisonment <confinement> in the institutional division <Texas
44-18 Department of Corrections> for life, or for any term of not more
44-19 than 99 years or less than 25 years.
44-20 (e) A previous conviction for a state jail felony may be
44-21 used for enhancement purposes under this section only if the
44-22 defendant was punished for the offense under Section 12.35(c).
44-23 <Sec. 12.422. IMPOSITION OF SUBSTANCE ABUSE FELONY
44-24 PUNISHMENT. (a) A court may punish an eligible defendant
44-25 convicted of an offense listed in Subsection (d) of this section
44-26 that is otherwise punishable as a felony of the first, second, or
44-27 third degree by imposing on the defendant:>
45-1 <(1) a term of confinement and treatment in a
45-2 substance abuse treatment facility operated by the community
45-3 justice assistance division of the Texas Department of Criminal
45-4 Justice for an indeterminate term of not more than one year or less
45-5 than six months, except that the minimum term for a defendant whose
45-6 underlying offense is an offense under Article 6701l-1, Revised
45-7 Statutes, is 30 days;>
45-8 <(2) a term of not less than two years or more than 10
45-9 years in the institutional division of the Texas Department of
45-10 Criminal Justice, to begin not later than the 30th day after the
45-11 day on which the defendant is released from a substance abuse
45-12 facility; and>
45-13 <(3) a fine not to exceed $10,000.>
45-14 <(b) A defendant is an eligible defendant for the purposes
45-15 of this section if:>
45-16 <(1) a pre-sentence investigation conducted under
45-17 Section 9, Article 42.12, Code of Criminal Procedure, or any other
45-18 indication suggests that drug or alcohol abuse significantly
45-19 contributed to the commission of the offense;>
45-20 <(2) the court determines that there are no other
45-21 community-based programs or facilities that are suitable for the
45-22 treatment of the defendant; and>
45-23 <(3) after considering the gravity and circumstances
45-24 of the offense committed, the court finds that the punishment would
45-25 best serve the ends of justice.>
45-26 <(c) A conviction of an offense for which punishment is
45-27 imposed under this section is a final conviction for the purposes
46-1 of Section 12.42 of this code.>
46-2 <(d) This section applies to all felony offenses other than
46-3 murder under Section 19.02, Penal Code, or an offense listed under
46-4 Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, or a
46-5 sentence the judgment for which contains an affirmative finding
46-6 under Section 3g(a)(2) of that article.>
46-7 Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR
46-8 OFFENDERS. (a) If it is <be> shown on the trial of a Class A
46-9 misdemeanor that the defendant has been before convicted of a Class
46-10 A misdemeanor or any degree of felony, on conviction he shall be
46-11 punished by confinement in jail for any term of not more than one
46-12 year or less than 90 days.
46-13 (b) If it is <be> shown on the trial of a Class B
46-14 misdemeanor that the defendant has been before convicted of a Class
46-15 A or Class B misdemeanor or any degree of felony, on conviction he
46-16 shall be punished by confinement in jail for any term of not more
46-17 than 180 days or less than 30 days.
46-18 (c) If the punishment scheme for an offense contains a
46-19 specific enhancement provision increasing punishment for a
46-20 defendant who has previously been convicted of the offense, the
46-21 specific enhancement provision controls over this section.
46-22 Sec. 12.44. REDUCTION OF THIRD DEGREE OR STATE JAIL
46-23 <THIRD-DEGREE> FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A
46-24 court may punish a defendant who is convicted of a third degree
46-25 felony by imposing the punishment for a Class A misdemeanor or may
46-26 punish a defendant who is convicted of a state jail felony by
46-27 imposing the punishment for a Class B misdemeanor if, after
47-1 considering the gravity and circumstances of the felony committed
47-2 and the history, character, and rehabilitative needs of the
47-3 defendant, the court finds that such punishment would best serve
47-4 the ends of justice.
47-5 (b) When a court is authorized to impose punishment for a
47-6 lesser category of offense as provided in Subsection (a) <of this
47-7 section>, the court may authorize the prosecuting attorney to
47-8 prosecute initially for the lesser category of offense.
47-9 Sec. 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A
47-10 person may, with the consent of the attorney for the state, admit
47-11 during the sentencing hearing his guilt of one or more
47-12 unadjudicated offenses and request the court to take each into
47-13 account in determining sentence for the offense or offenses of
47-14 which he stands adjudged guilty.
47-15 (b) Before a court may take into account an admitted offense
47-16 over which exclusive venue lies in another county or district, the
47-17 court must obtain permission from the prosecuting attorney with
47-18 jurisdiction over the offense.
47-19 (c) If a court lawfully takes into account an admitted
47-20 offense, prosecution is barred for that offense.
47-21 Sec. 12.46. USE OF PRIOR CONVICTIONS. The use of a
47-22 conviction for enhancement purposes shall not preclude the
47-23 subsequent use of such conviction for enhancement purposes.
47-24 <Sec. 12.47. PENALTY IF CRIME COMMITTED AGAINST CHILD DURING
47-25 RITUAL OR CEREMONY. (a) The punishment prescribed for an offense
47-26 listed in Subsection (b) of this section is increased to the
47-27 punishment prescribed for the next highest category of offense if
48-1 it is shown on the trial of the offense that:>
48-2 <(1) the victim of the offense was younger than 17
48-3 years of age at the time of the offense; and>
48-4 <(2) the offense was committed as part of a ritual or
48-5 ceremony.>
48-6 <(b) This section applies to an offense under the following
48-7 sections of the Penal Code:>
48-8 <(1) Section 21.11 (Indecency with a Child);>
48-9 <(2) Section 22.01 (Assault);>
48-10 <(3) Section 22.011 (Sexual Assault);>
48-11 <(4) Section 22.02 (Aggravated Assault);>
48-12 <(5) Section 22.021 (Aggravated Sexual Assault);>
48-13 <(6) Section 22.04 (Injury to a Child or an Elderly
48-14 Individual);>
48-15 <(7) Section 22.041 (Abandoning or Endangering Child);>
48-16 <(8) Section 25.02 (Incest);>
48-17 <(9) Section 25.06 (Solicitation of a Child);>
48-18 <(10) Section 25.11 (Sale or Purchase of Child);>
48-19 <(11) Section 43.24 (Sale, Distribution, or Display of
48-20 Harmful Material to Minor); and>
48-21 <(12) Section 43.25 (Sexual Performance by a Child).>
48-22 <(c) This section does not apply to an offense for which the
48-23 punishment otherwise prescribed is the punishment for a
48-24 first-degree felony or a capital felony.>
48-25 (Sections 12.47 <12.48> to 12.50 reserved for expansion)
48-26 SUBCHAPTER E. CORPORATIONS AND ASSOCIATIONS
48-27 Sec. 12.51. AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND
49-1 ASSOCIATIONS. (a) If a corporation or association is adjudged
49-2 guilty of an offense that provides a penalty consisting of a fine
49-3 only, a court may sentence the corporation or association to pay a
49-4 fine in an amount fixed by the court, not to exceed the fine
49-5 provided by the offense.
49-6 (b) If a corporation or association is adjudged guilty of an
49-7 offense that provides a penalty including imprisonment, or that
49-8 provides no specific penalty, a court may sentence the corporation
49-9 or association to pay a fine in an amount fixed by the court, not
49-10 to exceed:
49-11 (1) $20,000 if the offense is a felony of any
49-12 category;
49-13 (2) $10,000 if the offense is a Class A or Class B
49-14 misdemeanor;
49-15 (3) $2,000 if the offense is a Class C misdemeanor; or
49-16 (4) $50,000 if, as a result of an offense classified
49-17 as a felony or Class A misdemeanor, an individual suffers serious
49-18 bodily injury or death.
49-19 (c) In lieu of the fines authorized by Subsections (a),
49-20 (b)(1), (b)(2), and (b)(4) <of this section>, if a court finds that
49-21 the corporation or association gained money or property or caused
49-22 personal injury or death, property damage, or other loss through
49-23 the commission of a felony or Class A or Class B misdemeanor, the
49-24 court may sentence the corporation or association to pay a fine in
49-25 an amount fixed by the court, not to exceed double the amount
49-26 gained or caused by the corporation or association to be lost or
49-27 damaged, whichever is greater.
50-1 (d) In addition to any sentence that may be imposed by this
50-2 section, a corporation or association that has been adjudged guilty
50-3 of an offense may be ordered by the court to give notice of the
50-4 conviction to any person the court deems appropriate.
50-5 (e) On conviction of a corporation or association, the court
50-6 shall notify the attorney general of that fact.
50-7 TITLE 4. INCHOATE OFFENSES
50-8 CHAPTER 15. PREPARATORY OFFENSES
50-9 Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an
50-10 offense if, with specific intent to commit an offense, he does an
50-11 act amounting to more than mere preparation that tends but fails to
50-12 effect the commission of the offense intended.
50-13 (b) If a person attempts an offense that may be aggravated,
50-14 his conduct constitutes an attempt to commit the aggravated offense
50-15 if an element that aggravates the offense accompanies the attempt.
50-16 (c) It is no defense to prosecution for criminal attempt
50-17 that the offense attempted was actually committed.
50-18 (d) An offense under this section is one category lower than
50-19 the offense attempted, and if the offense attempted is a state jail
50-20 felony <of the third degree>, the offense is a Class A misdemeanor.
50-21 Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits
50-22 criminal conspiracy if, with intent that a felony be committed:
50-23 (1) he agrees with one or more persons that they or
50-24 one or more of them engage in conduct that would constitute the
50-25 offense; and
50-26 (2) he or one or more of them performs an overt act in
50-27 pursuance of the agreement.
51-1 (b) An agreement constituting a conspiracy may be inferred
51-2 from acts of the parties.
51-3 (c) It is no defense to prosecution for criminal conspiracy
51-4 that:
51-5 (1) one or more of the coconspirators is not
51-6 criminally responsible for the object offense;
51-7 (2) one or more of the coconspirators has been
51-8 acquitted, so long as two or more coconspirators have not been
51-9 acquitted;
51-10 (3) one or more of the coconspirators has not been
51-11 prosecuted or convicted, has been convicted of a different offense,
51-12 or is immune from prosecution;
51-13 (4) the actor belongs to a class of persons that by
51-14 definition of the object offense is legally incapable of committing
51-15 the object offense in an individual capacity; or
51-16 (5) the object offense was actually committed.
51-17 (d) An offense under this section is one category lower than
51-18 the most serious felony that is the object of the conspiracy, and
51-19 if the most serious felony that is the object of the conspiracy is
51-20 a state jail felony <of the third degree>, the offense is a Class A
51-21 misdemeanor.
51-22 Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an
51-23 offense if, with intent that a capital felony or felony of the
51-24 first degree be committed, he requests, commands, or attempts to
51-25 induce another to engage in specific conduct that, under the
51-26 circumstances surrounding his conduct as the actor believes them to
51-27 be, would constitute the felony or make the other a party to its
52-1 commission.
52-2 (b) A person may not be convicted under this section on the
52-3 uncorroborated testimony of the person allegedly solicited and
52-4 unless the solicitation is made under circumstances strongly
52-5 corroborative of both the solicitation itself and the actor's
52-6 intent that the other person act on the solicitation.
52-7 (c) It is no defense to prosecution under this section that:
52-8 (1) the person solicited is not criminally responsible
52-9 for the felony solicited;
52-10 (2) the person solicited has been acquitted, has not
52-11 been prosecuted or convicted, has been convicted of a different
52-12 offense or of a different type or class of offense, or is immune
52-13 from prosecution;
52-14 (3) the actor belongs to a class of persons that by
52-15 definition of the felony solicited is legally incapable of
52-16 committing the offense in an individual capacity; or
52-17 (4) the felony solicited was actually committed.
52-18 (d) An offense under this section is:
52-19 (1) a felony of the first degree if the offense
52-20 solicited is a capital offense; or
52-21 (2) a felony of the second degree if the offense
52-22 solicited is a felony of the first degree.
52-23 Sec. 15.04. RENUNCIATION DEFENSE. (a) It is an affirmative
52-24 defense to prosecution under Section 15.01 <of this code> that
52-25 under circumstances manifesting a voluntary and complete
52-26 renunciation of his criminal objective the actor avoided commission
52-27 of the offense attempted by abandoning his criminal conduct or, if
53-1 abandonment was insufficient to avoid commission of the offense, by
53-2 taking further affirmative action that prevented the commission.
53-3 (b) It is an affirmative defense to prosecution under
53-4 Section 15.02 or 15.03 <of this code> that under circumstances
53-5 manifesting a voluntary and complete renunciation of his criminal
53-6 objective the actor countermanded his solicitation or withdrew from
53-7 the conspiracy before commission of the object offense and took
53-8 further affirmative action that prevented the commission of the
53-9 object offense.
53-10 (c) Renunciation is not voluntary if it is motivated in
53-11 whole or in part:
53-12 (1) by circumstances not present or apparent at the
53-13 inception of the actor's course of conduct that increase the
53-14 probability of detection or apprehension or that make more
53-15 difficult the accomplishment of the objective; or
53-16 (2) by a decision to postpone the criminal conduct
53-17 until another time or to transfer the criminal act to another but
53-18 similar objective or victim.
53-19 (d) Evidence that the defendant renounced his criminal
53-20 objective by abandoning his criminal conduct, countermanding his
53-21 solicitation, or withdrawing from the conspiracy before the
53-22 criminal offense was committed and made substantial effort to
53-23 prevent the commission of the object offense shall be admissible as
53-24 mitigation at the hearing on punishment if he has been found guilty
53-25 of criminal attempt, criminal solicitation, or criminal conspiracy;
53-26 and in the event of a finding of renunciation under this
53-27 subsection, the punishment shall be one grade lower than that
54-1 provided for the offense committed.
54-2 Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or
54-3 solicitation of, a preparatory offense defined in this chapter is
54-4 not an offense.
54-5 CHAPTER 16. CRIMINAL INSTRUMENTS AND INTERCEPTION OF WIRE
54-6 OR ORAL COMMUNICATION
54-7 Sec. 16.01. Unlawful Use of Criminal Instrument. (a) A
54-8 person commits an offense if:
54-9 (1) he possesses a criminal instrument with intent to
54-10 use it in the commission of an offense; or
54-11 (2) with knowledge of its character and with intent to
54-12 use or aid or permit another to use in the commission of an
54-13 offense, he manufactures, adapts, sells, installs, or sets up a
54-14 criminal instrument.
54-15 (b) For the purpose of this section, "criminal instrument"
54-16 means anything, the possession, manufacture, or sale of which is
54-17 not otherwise an offense, that is specially designed, made, or
54-18 adapted for use in the commission of an offense.
54-19 (c) An offense under Subsection (a)(1) <of this section> is
54-20 one category lower than the offense intended. An offense under
54-21 Subsection (a)(2) <of this section> is a state jail felony <of the
54-22 third degree>.
54-23 Sec. 16.02. Unlawful Interception, Use, or Disclosure of
54-24 Wire, Oral, or Electronic Communications. (a) In this section,
54-25 "covert entry," "communication common carrier," "contents,"
54-26 "electronic, mechanical, or other device," "intercept,"
54-27 "investigative or law enforcement officer," "oral communication,"
55-1 "electronic communication," "readily accessible to the general
55-2 public," and "wire communication" have the meanings given those
55-3 terms in Article 18.20, Code of Criminal Procedure.
55-4 (b) A <Except as specifically provided by Subsection (c) of
55-5 this section, a> person commits an offense if he:
55-6 (1) intentionally intercepts, endeavors to intercept,
55-7 or procures another person to intercept or endeavor to intercept a
55-8 wire, oral, or electronic communication;
55-9 (2) intentionally discloses or endeavors to disclose
55-10 to another person the contents of a wire, oral, or electronic
55-11 communication if he knows or has reason to know the information was
55-12 obtained through the interception of a wire, oral, or electronic
55-13 communication in violation of this subsection;
55-14 (3) intentionally uses or endeavors to use the
55-15 contents of a wire, oral, or electronic communication if he knows
55-16 or is reckless about whether the information was obtained through
55-17 the interception of a wire, oral, or electronic communication in
55-18 violation of this subsection;
55-19 (4) knowingly or intentionally effects a covert entry
55-20 for the purpose of intercepting wire, oral, or electronic
55-21 communications without court order or authorization; or
55-22 (5) intentionally uses, endeavors to use, or procures
55-23 any other person to use or endeavor to use any electronic,
55-24 mechanical, or other device to intercept any oral communication
55-25 when the device:
55-26 (A) is affixed to, or otherwise transmits a
55-27 signal through a wire, cable, or other connection used in wire
56-1 communications; or
56-2 (B) transmits communications by radio or
56-3 interferes with the transmission of communications by radio.
56-4 (c) It is an affirmative defense to prosecution under
56-5 <exception to the application of> Subsection (b) <of this section>
56-6 that:
56-7 (1) an operator of a switchboard or an officer,
56-8 employee, or agent of a communication common carrier whose
56-9 facilities are used in the transmission of a wire or electronic
56-10 communication intercepts a communication or discloses or uses an
56-11 intercepted communication in the normal course of employment while
56-12 engaged in an activity that is a necessary incident to the
56-13 rendition of service or to the protection of the rights or property
56-14 of the carrier of the communication, unless the interception
56-15 results from the communication common carrier's use of service
56-16 observing or random monitoring for purposes other than mechanical
56-17 or service quality control checks;
56-18 (2) an officer, employee, or agent of a communication
56-19 common carrier provides information, facilities, or technical
56-20 assistance to an investigative or law enforcement officer who is
56-21 authorized as provided by this article to intercept a wire, oral,
56-22 or electronic communication;
56-23 (3) a person acting under color of law intercepts a
56-24 wire, oral, or electronic communication if the person is a party to
56-25 the communication or if one of the parties to the communication has
56-26 given prior consent to the interception;
56-27 (4) a person not acting under color of law intercepts
57-1 a wire, oral, or electronic communication if the person is a party
57-2 to the communication or if one of the parties to the communication
57-3 has given prior consent to the interception unless the
57-4 communication is intercepted for the purpose of committing any
57-5 criminal or tortious act in violation of the constitution or laws
57-6 of the United States or of this state or for the purpose of
57-7 committing any other injurious act;
57-8 (5) a person acting under color of law intercepts a
57-9 wire, oral, or electronic communication if:
57-10 (A) prior consent for the interception has been
57-11 given by a magistrate;
57-12 (B) an immediate life-threatening situation
57-13 exists;
57-14 (C) the person is a member of a law enforcement
57-15 unit specially trained to:
57-16 (i) respond to and deal with
57-17 life-threatening situations; or
57-18 (ii) install electronic, mechanical, or
57-19 other devices; and
57-20 (D) the interception ceases immediately on
57-21 termination of the life-threatening situation;
57-22 (6) an officer, employee, or agent of the Federal
57-23 Communications Commission intercepts a communication transmitted by
57-24 radio or discloses or uses an intercepted communication in the
57-25 normal course of employment and in the discharge of the monitoring
57-26 responsibilities exercised by the Federal Communications Commission
57-27 in the enforcement of Chapter 5, Title 47, United States Code;
58-1 (7) a person intercepts or obtains access to an
58-2 electronic communication that was made through an electronic
58-3 communication system that is configured to permit the communication
58-4 to be readily accessible to the general public;
58-5 (8) a person intercepts radio communication that is
58-6 transmitted:
58-7 (A) by a station for the use of the general
58-8 public;
58-9 (B) to ships, aircraft, vehicles, or persons in
58-10 distress;
58-11 (C) by a governmental, law enforcement, civil
58-12 defense, private land mobile, or public safety communications
58-13 system that is readily accessible to the general public;
58-14 (D) by a station operating on an authorized
58-15 frequency within the bands allocated to the amateur, citizens band,
58-16 or general mobile radio services; or
58-17 (E) by a marine or aeronautical communications
58-18 system;
58-19 (9) a person intercepts a wire or electronic
58-20 communication the transmission of which causes harmful interference
58-21 to a lawfully operating station or consumer electronic equipment,
58-22 to the extent necessary to identify the source of the interference;
58-23 (10) a user of the same frequency intercepts a radio
58-24 communication made through a system that uses frequencies monitored
58-25 by individuals engaged in the provision or the use of the system,
58-26 if the communication is not scrambled or encrypted; or
58-27 (11) a provider of electronic communications service
59-1 records the fact that a wire or electronic communication was
59-2 initiated or completed in order to protect the provider, another
59-3 provider furnishing service towards the completion of the
59-4 communication, or a user of that service from fraudulent, unlawful,
59-5 or abusive use of the service.
59-6 (d)(1) A <Except as provided by Subsection (e) of this
59-7 section, a> person commits an offense if he:
59-8 (A) intentionally manufactures, assembles,
59-9 possesses, or sells an electronic, mechanical, or other device
59-10 knowing or having reason to know that the device is designed
59-11 primarily for nonconsensual interception of wire, electronic, or
59-12 oral communications and that the device or a component of the
59-13 device has been or will be used for an unlawful purpose; or
59-14 (B) places in a newspaper, magazine, handbill,
59-15 or other publication an advertisement of an electronic, mechanical,
59-16 or other device:
59-17 (i) knowing or having reason to know that
59-18 the device is designed primarily for nonconsensual interception of
59-19 wire, electronic, or oral communications;
59-20 (ii) promoting the use of the device for
59-21 the purpose of nonconsensual interception of wire, electronic, or
59-22 oral communications; or
59-23 (iii) knowing or having reason to know
59-24 that the advertisement will promote the use of the device for the
59-25 purpose of nonconsensual interception of wire, electronic, or oral
59-26 communications.
59-27 (2) An offense under Subdivision (1) <of this
60-1 subsection> is a state jail felony <punishable by confinement in
60-2 the Texas Department of Corrections for a term of not more than
60-3 five years or a fine of not more than $10,000, or both>.
60-4 (e) It is an affirmative defense to prosecution under
60-5 <exception to the application of> Subsection (d) <of this section>
60-6 that the manufacture, assembly, possession, or sale of an
60-7 electronic, mechanical, or other device that is designed primarily
60-8 for the purpose of nonconsensual interception of wire, electronic,
60-9 or oral communication is by:
60-10 (1) a communication common carrier or a provider of
60-11 wire or electronic communications service or an officer, agent, or
60-12 employee of or a person under contract with a communication common
60-13 carrier or provider acting in the normal course of the provider's
60-14 or communication carrier's business;
60-15 (2) an officer, agent, or employee of a person under
60-16 contract with, bidding on contracts with, or doing business with
60-17 the United States or this state acting in the normal course of the
60-18 activities of the United States or this state; or
60-19 (3) a law enforcement agency that has an established
60-20 unit specifically designated to respond to and deal with
60-21 life-threatening situations or specifically trained to install
60-22 wire, oral, or electronic communications intercept equipment.
60-23 (f) Except as provided by Subsections (d) and (h) <(i) of
60-24 this section>, an offense under this section is a felony of the
60-25 second degree.
60-26 (g) <Property seized pursuant to this section may be
60-27 forfeited to the Department of Public Safety in the manner provided
61-1 by Article 18.18, Code of Criminal Procedure, for disposition of
61-2 seized property. The department may destroy the property or
61-3 maintain, repair, use, and operate the property in a manner
61-4 consistent with Article 18.20, Code of Criminal Procedure.>
61-5 <(h)> For purposes of this section:
61-6 (1) An immediate life-threatening situation exists
61-7 when human life is directly threatened in either a hostage or
61-8 barricade situation.
61-9 (2) "Member of a law enforcement unit specially
61-10 trained to respond to and deal with life-threatening situations"
61-11 means a peace officer who has received a minimum of 40 hours a year
61-12 of training in hostage and barricade suspect situations. This
61-13 training must be evidenced by the submission of appropriate
61-14 documentation to the Commission on Law Enforcement Officer
61-15 Standards and Education.
61-16 (h) <(i)>(1) A person commits an offense if, knowing that a
61-17 government attorney or an investigative or law enforcement officer
61-18 has been authorized or has applied for authorization to intercept
61-19 wire, electronic, or oral communications, the person obstructs,
61-20 impedes, prevents, gives notice to another of, or attempts to give
61-21 notice to another of the interception.
61-22 (2) An offense under this subsection is a state jail
61-23 felony <punishable by confinement in the Texas Department of
61-24 Corrections for a term of not more than five years or by a fine of
61-25 not more than $10,000, or both>.
61-26 (i) This section expires September 1, 2005, and shall not be
61-27 in force on and after that date.
62-1 <Sec. 16.021. ><Illegal Interception><. (a) In this section,
62-2 "communication" and "interception" have the same meanings as are
62-3 given those terms in Section 123.001, Civil Practice and Remedies
62-4 Code.>
62-5 <(b) A person, including a landlord, building operator, or
62-6 employee of a communication common carrier, commits an offense if
62-7 the person knowingly aids in or permits an interception or
62-8 attempted interception.>
62-9 <(c) It is a defense to prosecution under this section that
62-10 the interception is authorized by state or federal law.>
62-11 <(d) An offense under this section is a Class A misdemeanor,
62-12 unless the actor has been previously convicted under this section,
62-13 in which event the offense is a felony of the third degree.>
62-14 Sec. 16.03. Unlawful Use of Pen Register or Trap and Trace
62-15 Device. (a) Except as authorized by a court order obtained under
62-16 Article 18.21, Code of Criminal Procedure, or in an emergency under
62-17 the circumstances described and permitted under that article, a
62-18 person commits an offense if he knowingly installs or utilizes a
62-19 pen register or trap and trace device to record telephone numbers
62-20 dialed from or to a telephone instrument.
62-21 (b) In this section, "authorized peace officer,"
62-22 "communications common carrier," "pen register," and "trap and
62-23 trace device" have the meanings assigned by Article 18.21, Code of
62-24 Criminal Procedure.
62-25 (c) It is an exception to the application of Subsection (a)
62-26 <of this section> that an officer, employee, or agent of a
62-27 communications common carrier<, as defined by Article 18.21, Code
63-1 of Criminal Procedure> installs or utilizes a device or equipment
63-2 to record the numbers dialed from or to a telephone instrument in
63-3 the normal course of business of the carrier, for the protection of
63-4 property or services provided by the carrier, or assists an
63-5 authorized peace officer in executing an order issued under Article
63-6 18.21, Code of Criminal Procedure.
63-7 (d) It is an exception to the application of Subsection (a)
63-8 <of this section> that the installation or utilization of a pen
63-9 register or trap and trace device was made by an officer, agent, or
63-10 employee of a lawful enterprise while engaged in an activity that
63-11 is a necessary incident to the rendition of service or to the
63-12 protection of property of or services provided by the enterprise,
63-13 and was not made for the purpose of gathering information for a law
63-14 enforcement agency or private investigative agency, other than
63-15 information related to the theft of communication or information
63-16 services provided by the enterprise.
63-17 (e) An offense under this section is a state jail felony <of
63-18 the third degree>.
63-19 <(f) A pen register or trap and trace device used in
63-20 violation of this section is subject to seizure and may be
63-21 forfeited to the Department of Public Safety in the manner provided
63-22 for disposition of seized property by Article 18.18, Code of
63-23 Criminal Procedure.>
63-24 Sec. 16.04. Unlawful Access to Stored Communications.
63-25 (a) In this section, "electronic communication," "electronic
63-26 storage," "user," and "wire communication" have the meanings
63-27 assigned to those terms in Article 18.21, Code of Criminal
64-1 Procedure.
64-2 (b) A person commits an offense if the person obtains,
64-3 alters, or prevents authorized access to a wire or electronic
64-4 communication while the communication is in electronic storage by:
64-5 (1) intentionally obtaining access without
64-6 authorization to a facility through which a wire or electronic
64-7 communications service is provided; or
64-8 (2) intentionally exceeding an authorization for
64-9 access to a facility through which a wire or electronic
64-10 communications service is provided.
64-11 (c) Except as provided by Subsection (d) <of this section>,
64-12 an offense under Subsection (b) <of this section> is a Class A
64-13 misdemeanor.
64-14 (d) If committed to obtain a benefit or to harm another <for
64-15 purposes of commercial advantage, malicious destruction or damage,
64-16 or private commercial gain>, an offense is a state jail felony <of
64-17 the third degree>. <The amount of a fine that may be imposed for
64-18 an offense punished under this subsection, including an offense
64-19 punishable under this subsection but subject to enhanced penalties,
64-20 may be in any amount not to exceed $250,000.>
64-21 (e) It is an exception to the application of Subsection (b)
64-22 <of this section> that the conduct was authorized by:
64-23 (1) the provider of the wire or electronic
64-24 communications service;
64-25 (2) the user of the wire or electronic communications
64-26 service; or
64-27 (3) Article 18.21, Code of Criminal Procedure.
65-1 Sec. 16.05. Illegal Divulgence of Public Communications.
65-2 (a) In this section, "electronic communication," "electronic
65-3 communications service," and "electronic communications system"
65-4 have the meanings given those terms in Article 18.20, Code of
65-5 Criminal Procedure.
65-6 (b) Except as provided by Subsection (c) <of this section>,
65-7 a person who provides electronic communications service to the
65-8 public commits an offense if he intentionally divulges the contents
65-9 of a communication, other than a communication to that person or
65-10 that person's agent, while the communication is in transmission on
65-11 that service, to any person other than the addressee or the
65-12 intended recipient of the communication or the addressee's or
65-13 intended recipient's agent.
65-14 (c) A person who provides electronic communications service
65-15 to the public may divulge the contents of a communication:
65-16 (1) as authorized by federal or state law;
65-17 (2) to a person employed, authorized, or whose
65-18 facilities are used to forward the communication to the
65-19 communication's destination; or
65-20 (3) to a law enforcement agency if the contents were
65-21 obtained by the service provider and the contents appear to pertain
65-22 to the commission of a crime.
65-23 (d) Except as provided by Subsections (e) and (f) <of this
65-24 section>, an offense under Subsection (b) <of this section> is a
65-25 state jail felony <punishable by confinement in the Texas
65-26 Department of Corrections for a term of not more than five years or
65-27 a fine not to exceed $10,000, or both>.
66-1 (e) If committed for a tortious or illegal purpose or to
66-2 gain a benefit<, or for direct or indirect commercial advantage or
66-3 private commercial gain>, an offense under Subsection (b) <of this
66-4 section> that involves a radio communication that is not scrambled
66-5 or encrypted:
66-6 (1) is a Class A misdemeanor if the communication is
66-7 not the radio portion of a cellular telephone communication, a
66-8 public land mobile radio service communication, or a paging service
66-9 communication; or
66-10 (2) is a Class C misdemeanor <punishable by a fine of
66-11 not more than $500> if the communication is the radio portion of a
66-12 cellular telephone communication, a public and mobile radio service
66-13 <or> communication, or a paging service communication.
66-14 (f)(1) A person who engages in conduct constituting an
66-15 offense under Subsection (b) <of this section> that is not for a
66-16 tortious or illegal purpose or for the purpose of direct or
66-17 indirect commercial advantage or private commercial gain and
66-18 involves a radio communication that is transmitted on frequencies
66-19 allocated under Subpart D or Part 74 of the rules of the Federal
66-20 Communications Commission and that is not scrambled or encrypted
66-21 shall be subject to suit by the federal or state government in a
66-22 court of competent jurisdiction for appropriate injunctive relief.
66-23 If it is shown on the trial of the civil suit that the defendant
66-24 has been convicted of an offense under Subsection (b) or that the
66-25 defendant has been found liable in a civil action under Article
66-26 18.20, Code of Criminal Procedure, in addition to granting
66-27 injunctive relief the court shall impose a civil penalty of $500 on
67-1 the defendant.
67-2 (2) A court may use any means within the court's
67-3 authority to enforce an injunction issued under Subdivision (1)
67-4 <(2) of this subsection> and shall impose a fine as for contempt of
67-5 court of not less than $500 for each violation of the injunction.
67-6 TITLE 5. OFFENSES AGAINST THE PERSON
67-7 CHAPTER 19. CRIMINAL HOMICIDE
67-8 Sec. 19.01. Types of Criminal Homicide. (a) A person
67-9 commits criminal homicide if he intentionally, knowingly,
67-10 recklessly, or with criminal negligence causes the death of an
67-11 individual.
67-12 (b) Criminal homicide is murder, capital murder, <voluntary
67-13 manslaughter, involuntary> manslaughter, or criminally negligent
67-14 homicide.
67-15 Sec. 19.02. Murder. (a) In this section:
67-16 (1) "Adequate cause" means cause that would commonly
67-17 produce a degree of anger, rage, resentment, or terror in a person
67-18 of ordinary temper, sufficient to render the mind incapable of cool
67-19 reflection.
67-20 (2) "Sudden passion" means passion directly caused by
67-21 and arising out of provocation by the individual killed or another
67-22 acting with the person killed which passion arises at the time of
67-23 the offense and is not solely the result of former provocation.
67-24 (b) A person commits an offense if he:
67-25 (1) intentionally or knowingly causes the death of an
67-26 individual;
67-27 (2) intends to cause serious bodily injury and commits
68-1 an act clearly dangerous to human life that causes the death of an
68-2 individual; or
68-3 (3) commits or attempts to commit a felony, other than
68-4 <voluntary or involuntary> manslaughter, and in the course of and
68-5 in furtherance of the commission or attempt, or in immediate flight
68-6 from the commission or attempt, he commits or attempts to commit an
68-7 act clearly dangerous to human life that causes the death of an
68-8 individual.
68-9 (c) Except as provided by Subsection (d), an <(b) An>
68-10 offense under this section is a felony of the first degree.
68-11 (d) At the punishment stage of a trial, the defendant may
68-12 raise the issue as to whether he caused the death under the
68-13 immediate influence of sudden passion arising from an adequate
68-14 cause. If the defendant proves the issue in the affirmative by a
68-15 preponderance of the evidence, the offense is a felony of the
68-16 second degree.
68-17 Sec. 19.03. Capital Murder. (a) A person commits an
68-18 offense if he commits murder as defined under Section 19.02(a)(1)
68-19 <of this code> and:
68-20 (1) the person murders a peace officer or fireman who
68-21 is acting in the lawful discharge of an official duty and who the
68-22 person knows is a peace officer or fireman;
68-23 (2) the person intentionally commits the murder in the
68-24 course of committing or attempting to commit kidnapping, burglary,
68-25 robbery, aggravated sexual assault, <or> arson, or retaliation;
68-26 (3) the person commits the murder for remuneration or
68-27 the promise of remuneration or employs another to commit the murder
69-1 for remuneration or the promise of remuneration;
69-2 (4) the person commits the murder while escaping or
69-3 attempting to escape from a penal institution;
69-4 (5) the person, while incarcerated in a penal
69-5 institution, murders another who is employed in the operation of
69-6 the penal institution; or
69-7 (6) the person murders more than one person:
69-8 (A) during the same criminal transaction; or
69-9 (B) during different criminal transactions but
69-10 the murders are committed pursuant to the same scheme or course of
69-11 conduct.
69-12 (b) An offense under this section is a capital felony.
69-13 (c) If the jury or, when authorized by law, the judge does
69-14 not find beyond a reasonable doubt that the defendant is guilty of
69-15 an offense under this section, he may be convicted of murder or of
69-16 any other lesser included offense.
69-17 Sec. 19.04. <VOLUNTARY MANSLAUGHTER. (a) A person commits
69-18 an offense if he causes the death of an individual under
69-19 circumstances that would constitute murder under Section 19.02 of
69-20 this code, except that he caused the death under the immediate
69-21 influence of sudden passion arising from an adequate cause.>
69-22 <(b) "Sudden passion" means passion directly caused by and
69-23 arising out of provocation by the individual killed or another
69-24 acting with the person killed which passion arises at the time of
69-25 the offense and is not solely the result of former provocation.>
69-26 <(c) "Adequate cause" means cause that would commonly
69-27 produce a degree of anger, rage, resentment, or terror in a person
70-1 of ordinary temper, sufficient to render the mind incapable of cool
70-2 reflection.>
70-3 <(d) An offense under this section is a felony of the second
70-4 degree.>
70-5 <Sec. 19.05. INVOLUNTARY> MANSLAUGHTER. (a) A person
70-6 commits an offense if he<:>
70-7 <(1)> recklessly causes the death of an individual<;
70-8 or>
70-9 <(2) by accident or mistake when operating a motor
70-10 vehicle, airplane, helicopter, or boat while intoxicated and, by
70-11 reason of such intoxication, causes the death of an individual.>
70-12 <(b) For purposes of this section, "intoxicated" has the
70-13 meaning assigned that term by Subsection (a), Article 6701l-1,
70-14 Revised Statutes>.
70-15 (b) <(c)> An offense under this section is a felony of the
70-16 second <third> degree.
70-17 <Sec. 19.06. EVIDENCE. (a) In all prosecutions for murder
70-18 or voluntary manslaughter, the state or the defendant shall be
70-19 permitted to offer testimony as to all relevant facts and
70-20 circumstances surrounding the killing and the previous relationship
70-21 existing between the accused and the deceased, together with all
70-22 relevant facts and circumstances going to show the condition of the
70-23 mind of the accused at the time of the offense.>
70-24 <(b) In a prosecution for murder or manslaughter, if a
70-25 defendant raises as a defense a justification provided by Section
70-26 9.31, 9.32, or 9.33 of this code, the defendant, in order to
70-27 establish the defendant's reasonable belief that use of force or
71-1 deadly force was immediately necessary, shall be permitted to
71-2 offer:>
71-3 <(1) relevant evidence that the defendant had been the
71-4 victim of acts of family violence committed by the deceased, as
71-5 family violence is defined by Section 71.01, Family Code; and>
71-6 <(2) relevant expert testimony regarding the condition
71-7 of the mind of the defendant at the time of the offense, including
71-8 those relevant facts and circumstances relating to family violence
71-9 that are the basis of the expert's opinion.>
71-10 Sec. 19.05 <19.07>. CRIMINALLY NEGLIGENT HOMICIDE. (a) A
71-11 person commits an offense if he causes the death of an individual
71-12 by criminal negligence.
71-13 (b) An offense under this section is a state jail felony
71-14 <Class A misdemeanor>.
71-15 CHAPTER 20. KIDNAPPING AND FALSE IMPRISONMENT
71-16 Sec. 20.01. DEFINITIONS. In this chapter:
71-17 (1) "Restrain" means to restrict a person's movements
71-18 without consent, so as to interfere substantially with his liberty,
71-19 by moving him from one place to another or by confining him.
71-20 Restraint is "without consent" if it is accomplished by:
71-21 (A) force, intimidation, or deception; or
71-22 (B) any means, including acquiescence of the
71-23 victim, if he is a child less than 14 years of age or an
71-24 incompetent person and the parent, guardian, or person or
71-25 institution acting in loco parentis has not acquiesced in the
71-26 movement or confinement.
71-27 (2) "Abduct" means to restrain a person with intent to
72-1 prevent his liberation by:
72-2 (A) secreting or holding him in a place where he
72-3 is not likely to be found; or
72-4 (B) using or threatening to use deadly force.
72-5 (3) "Relative" means a parent or stepparent, ancestor,
72-6 sibling, or uncle or aunt, including an adoptive relative of the
72-7 same degree through marriage or adoption.
72-8 Sec. 20.02. FALSE IMPRISONMENT. (a) A person commits an
72-9 offense if he intentionally or knowingly restrains another person.
72-10 (b) It is an affirmative defense to prosecution under this
72-11 section that:
72-12 (1) the person restrained was a child younger <less>
72-13 than 14 years of age;
72-14 (2) the actor was a relative of the child; and
72-15 (3) the actor's sole intent was to assume lawful
72-16 control of the child.
72-17 (c) An offense under this section is a Class B misdemeanor
72-18 unless the actor recklessly exposes the victim to a substantial
72-19 risk of serious bodily injury, in which event it is a felony of the
72-20 third degree.
72-21 (d) It is no offense to detain or move another under this
72-22 section when it is for the purpose of effecting a lawful arrest or
72-23 detaining an individual lawfully arrested.
72-24 Sec. 20.03. KIDNAPPING. (a) A person commits an offense if
72-25 he intentionally or knowingly abducts another person.
72-26 (b) It is an affirmative defense to prosecution under this
72-27 section that:
73-1 (1) the abduction was not coupled with intent to use
73-2 or to threaten to use deadly force;
73-3 (2) the actor was a relative of the person abducted;
73-4 and
73-5 (3) the actor's sole intent was to assume lawful
73-6 control of the victim.
73-7 (c) An offense under this section is a felony of the third
73-8 degree.
73-9 Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an
73-10 offense if he intentionally or knowingly abducts another person
73-11 with the intent to:
73-12 (1) hold him for ransom or reward;
73-13 (2) use him as a shield or hostage;
73-14 (3) facilitate the commission of a felony or the
73-15 flight after the attempt or commission of a felony;
73-16 (4) inflict bodily injury on him or violate or abuse
73-17 him sexually;
73-18 (5) terrorize him or a third person; or
73-19 (6) interfere with the performance of any governmental
73-20 or political function.
73-21 (b) Except as provided by Subsection (c), an <An> offense
73-22 under this section is a felony of the first degree <unless the
73-23 actor voluntarily releases the victim alive and in a safe place, in
73-24 which event it is a felony of the second degree>.
73-25 (c) At the punishment stage of a trial, the defendant may
73-26 raise the issue as to whether he voluntarily released the victim in
73-27 a safe place. If the defendant proves the issue in the affirmative
74-1 by a preponderance of the evidence, the offense is a felony of the
74-2 second degree.
74-3 CHAPTER 21. SEXUAL OFFENSES
74-4 Sec. 21.01. DEFINITIONS. In this chapter:
74-5 (1) "Deviate sexual intercourse" means:
74-6 (A) any contact between any part of the genitals
74-7 of one person and the mouth or anus of another person; or
74-8 (B) the penetration of the genitals or the anus
74-9 of another person with an object.
74-10 (2) "Sexual contact" means any touching of the anus,
74-11 breast, or any part of the genitals of another person with intent
74-12 to arouse or gratify the sexual desire of any person.
74-13 (3) "Sexual intercourse" means any penetration of the
74-14 female sex organ by the male sex organ.
74-15 <Sec. 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an
74-16 offense if he engages in deviate sexual intercourse with another
74-17 individual of the same sex.>
74-18 <(b) An offense under this section is a Class C
74-19 misdemeanor.>
74-20 Sec. 21.02 <21.07>. PUBLIC LEWDNESS. (a) A person commits
74-21 an offense if he knowingly engages in any of the following acts in
74-22 a public place or, if not in a public place, he is reckless about
74-23 whether another is present who will be offended or alarmed by his
74-24 <act>:
74-25 (1) <an> act of sexual intercourse;
74-26 (2) <an> act of deviate sexual intercourse;
74-27 (3) <an> act of sexual contact; or
75-1 (4) <an> act involving contact between the person's
75-2 mouth or genitals and the anus or genitals of an animal or fowl.
75-3 (b) An offense under this section is a Class A misdemeanor.
75-4 Sec. 21.03 <21.08>. INDECENT EXPOSURE. (a) A person
75-5 commits an offense if he exposes his anus or any part of his
75-6 genitals with intent to arouse or gratify the sexual desire of any
75-7 person, and he is reckless about whether another is present who
75-8 will be offended or alarmed by his act.
75-9 (b) An offense under this section is a Class B misdemeanor.
75-10 Sec. 21.04 <21.11>. INDECENCY WITH A CHILD. (a) A person
75-11 commits an offense if, with a child younger than 17 years and not
75-12 his spouse, whether the child is of the same or opposite sex, he:
75-13 (1) engages in sexual contact with the child; or
75-14 (2) exposes his anus or any part of his genitals,
75-15 knowing the child is present, with intent to arouse or gratify the
75-16 sexual desire of any person.
75-17 (b) <It is a defense to prosecution under this section that
75-18 the child was at the time of the alleged offense 14 years or older
75-19 and had, prior to the time of the alleged offense, engaged
75-20 promiscuously in:>
75-21 <(1) sexual intercourse;>
75-22 <(2) deviate sexual intercourse;>
75-23 <(3) sexual contact; or>
75-24 <(4) indecent exposure as defined in Subsection (a)(2)
75-25 of this section.>
75-26 <(c)> It is an affirmative defense to prosecution under this
75-27 section that the actor:
76-1 (1) was not more than three <two> years older than the
76-2 victim and of the opposite sex; and
76-3 (2) did not use duress, force, or a threat against the
76-4 victim at the time of the offense.
76-5 (d) An offense under Subsection (a)(1) <of this section> is
76-6 a felony of the second degree and an offense under Subsection
76-7 (a)(2) <of this section> is a felony of the third degree.
76-8 CHAPTER 22. ASSAULTIVE OFFENSES
76-9 Sec. 22.01. Assault. (a) A person commits an offense if
76-10 the person:
76-11 (1) intentionally, knowingly, or recklessly causes
76-12 bodily injury to another, including the person's spouse; <or>
76-13 (2) intentionally or knowingly threatens another with
76-14 imminent bodily injury, including the person's spouse; or
76-15 (3) intentionally or knowingly causes physical contact
76-16 with another when the person knows or should reasonably believe
76-17 that the other will regard the contact as offensive or provocative.
76-18 (b) An offense under Subsection (a)(1) <of this section> is
76-19 a Class A misdemeanor <unless:>
76-20 <(1) the offense is committed by the owner or an
76-21 employee of an institution described in Section 242.002(6), Health
76-22 and Safety Code, or a person providing medical or psychiatric
76-23 treatment at an institution described in that section, and the
76-24 offense is committed by causing bodily injury to a patient or
76-25 resident of an institution described in that section, in which
76-26 event the offense is a felony of the third degree;>
76-27 <(2) the offense is committed by the owner or an
77-1 employee of a facility, except a facility operated by the Texas
77-2 Youth Commission or the Texas Department of Corrections, described
77-3 in Section 242.003(a)(6), Health and Safety Code, or a person
77-4 providing medical or psychiatric treatment at a facility, except a
77-5 facility operated by the Texas Youth Commission or the Texas
77-6 Department of Corrections, described in that section, and the
77-7 offense is committed by causing bodily injury to a patient or
77-8 resident of a facility, except a facility operated by the Texas
77-9 Youth Commission or the Texas Department of Corrections, described
77-10 in that section, in which event the offense is a felony of the
77-11 third degree; or>
77-12 <(3) the offense is committed against a family member
77-13 and the actor has been previously convicted under this section for
77-14 an offense against a family member two or more times, in which
77-15 event the offense is a felony of the third degree>.
77-16 (c) An offense under Subsection (a)(2) <of this section> is
77-17 a Class B <C> misdemeanor <unless:>
77-18 <(1) the offense is committed by the owner or an
77-19 employee of an institution described in Section 242.002(6), Health
77-20 and Safety Code, or a person providing medical or psychiatric
77-21 treatment at an institution described in that section, and the
77-22 offense is committed by threatening a patient or resident of an
77-23 institution described in that section with bodily injury, in which
77-24 event the offense is a Class B misdemeanor; or>
77-25 <(2) the offense is committed by the owner or an
77-26 employee of a facility, except a facility operated by the Texas
77-27 Youth Commission or the Texas Department of Corrections, described
78-1 in Section 242.003(a)(6), Health and Safety Code, or a person
78-2 providing medical or psychiatric treatment at a facility, except a
78-3 facility operated by the Texas Youth Commission or the Texas
78-4 Department of Corrections, described in that section, and the
78-5 offense is committed by threatening a patient or resident of a
78-6 facility, except a facility operated by the Texas Youth Commission
78-7 or the Texas Department of Corrections, described in that section
78-8 with bodily injury, in which event the offense is a Class B
78-9 misdemeanor; or>
78-10 <(2) the offense is committed by the owner or an
78-11 employee of a facility, except a facility operated by the Texas
78-12 Youth Commission or the institutional division of the Texas
78-13 Department of Criminal Justice, described in Section 242.002,
78-14 Health and Safety Code, or a person providing medical or
78-15 psychiatric treatment at a facility, except a facility operated by
78-16 the Texas Youth Commission or the institutional division, described
78-17 in that section, and the offense is committed by threatening a
78-18 patient or resident of a facility, except a facility operated by
78-19 the Texas Youth Commission or the institutional division, described
78-20 in that section with bodily injury, in which event the offense is a
78-21 Class B misdemeanor;>
78-22 <(3) the offense is committed against a classroom
78-23 teacher, counselor, principal, or other similar instructional or
78-24 administrative employee of a primary or secondary school accredited
78-25 by the Texas Education Agency, other than the Windham Schools,
78-26 while engaged in performing his educational duties, in which event
78-27 the offense is a Class B misdemeanor; or>
79-1 <(4) the offense is committed against a family member
79-2 and the actor has been previously convicted under this section for
79-3 an offense against a family member:>
79-4 <(A) one time, in which event the offense is a
79-5 Class B misdemeanor;>
79-6 <(B) two times, in which event the offense is a
79-7 Class A misdemeanor; or>
79-8 <(C) more than two times, in which event the
79-9 offense is a felony of the third degree>.
79-10 (d) An offense under Subsection (a)(3) <of this section> is
79-11 a Class C misdemeanor <unless:>
79-12 <(1) the offense is committed against a classroom
79-13 teacher, counselor, principal, or other similar instructional or
79-14 administrative employee of a primary or secondary school accredited
79-15 by the Texas Education Agency while engaged in performing his
79-16 educational duties, in which event the offense is a Class B
79-17 misdemeanor; or>
79-18 <(2) the offense is committed against a family member
79-19 and the actor has been previously convicted under this section for
79-20 an offense against a family member:>
79-21 <(A) one time, in which event the offense is a
79-22 Class B misdemeanor;>
79-23 <(B) two times, in which event the offense is a
79-24 Class A misdemeanor; or>
79-25 <(C) more than two times, in which event the
79-26 offense is a felony of the third degree.>
79-27 <(e) In this section, "family" has the meaning assigned by
80-1 Section 71.01, Family Code>.
80-2 Sec. 22.011. Sexual Assault. (a) A person commits an
80-3 offense if the person:
80-4 (1) intentionally or knowingly:
80-5 (A) causes the penetration of the anus or female
80-6 sexual organ of another person by any means, without that person's
80-7 consent;
80-8 (B) causes the penetration of the mouth of
80-9 another person by the sexual organ of the actor, without that
80-10 person's consent; or
80-11 (C) causes the sexual organ of another person,
80-12 without that person's consent, to contact or penetrate the mouth,
80-13 anus, or sexual organ of another person, including the actor; or
80-14 (2) intentionally or knowingly:
80-15 (A) causes the penetration of the anus or female
80-16 sexual organ of a child by any means;
80-17 (B) causes the penetration of the mouth of a
80-18 child by the sexual organ of the actor;
80-19 (C) causes the sexual organ of a child to
80-20 contact or penetrate the mouth, anus, or sexual organ of another
80-21 person, including the actor; or
80-22 (D) causes the anus of a child to contact the
80-23 mouth, anus, or sexual organ of another person, including the
80-24 actor.
80-25 (b) A sexual assault under Subsection (a)(1) <of this
80-26 section> is without the consent of the other person if:
80-27 (1) the actor compels the other person to submit or
81-1 participate by the use of physical force or violence;
81-2 (2) the actor compels the other person to submit or
81-3 participate by threatening to use force or violence against the
81-4 other person, and the other person believes that the actor has the
81-5 present ability to execute the threat;
81-6 (3) the other person has not consented and the actor
81-7 knows the other person is unconscious or physically unable to
81-8 resist;
81-9 (4) the actor knows that as a result of mental disease
81-10 or defect the other person is at the time of the sexual assault
81-11 incapable either of appraising the nature of the act or of
81-12 resisting it;
81-13 (5) the other person has not consented and the actor
81-14 knows the other person is unaware that the sexual assault is
81-15 occurring;
81-16 (6) the actor has intentionally impaired the other
81-17 person's power to appraise or control the other person's conduct by
81-18 administering any substance without the other person's knowledge;
81-19 <or>
81-20 (7) the actor compels the other person to submit or
81-21 participate by threatening to use force or violence against any
81-22 person, and the other person believes that the actor has the
81-23 ability to execute the threat; or
81-24 (8) the actor is a public servant who coerces the
81-25 other person to submit or participate.
81-26 (c) In this section:
81-27 (1) "Child" means a person younger than 17 years of
82-1 age who is not the spouse of the actor.
82-2 (2) "Coercion" means:
82-3 (A) unlawfully taking or withholding, or
82-4 threatening to unlawfully take or withhold, action as a public
82-5 servant; or
82-6 (B) threatening or causing a public servant to
82-7 unlawfully take or withhold action.
82-8 (3) "Spouse" means a person who is legally married to
82-9 another, except that persons married to each other are not treated
82-10 as spouses if they do not reside together or if there is an action
82-11 pending between them for dissolution of the marriage or for
82-12 separate maintenance.
82-13 (d) It is a defense to prosecution under Subsection (a)(2)
82-14 <of this section> that<:>
82-15 <(1) the child was at the time of the offense 14 years
82-16 of age or older and had prior to the time of the offense engaged
82-17 promiscuously in conduct described in that subsection; or>
82-18 <(2)> the conduct consisted of medical care for the
82-19 child and did not include any contact between the anus or sexual
82-20 organ of the child and the mouth, anus, or sexual organ of the
82-21 actor or a third party.
82-22 (e) It is an affirmative defense to prosecution under
82-23 Subsection (a)(2) <of this section> that the actor was not more
82-24 than three <two> years older than the victim, and the victim was a
82-25 child of 14 years of age or older.
82-26 (f) An offense under this section is a felony of the second
82-27 degree.
83-1 <(g) A prosecution against a spouse under this section
83-2 requires a showing of bodily injury or the threat of bodily injury.>
83-3 <Sec. 22.012. INTENTIONALLY EXPOSING ANOTHER TO AIDS OR HIV.
83-4 (a) A person commits an offense if the person, knowing that he or
83-5 she has AIDS or is a carrier of HIV and with intent to cause
83-6 serious bodily injury or death, intentionally engages in conduct
83-7 reasonably likely to result in the transfer of the actor's own
83-8 blood, bodily fluids containing visible blood, semen, or vaginal
83-9 secretions into the bloodstream of another, or through the other
83-10 person's skin or other membrane, except during in utero
83-11 transmission of blood or bodily fluids, and:>
83-12 <(1) the other person did not consent to the transfer
83-13 of blood, bodily fluids containing blood, semen, or vaginal
83-14 secretions; or>
83-15 <(2) the other person consented to the transfer but at
83-16 the time of giving consent had not been informed by the actor that
83-17 the actor had AIDS or was a carrier of HIV.>
83-18 <(b) In this section, "AIDS" and "HIV" have the meanings
83-19 assigned by Section 81.101, Health and Safety Code.>
83-20 <(c) An offense under this section is a felony of the third
83-21 degree.>
83-22 Sec. 22.02. Aggravated Assault. (a) A person commits an
83-23 offense if the person commits assault as defined in Section 22.01
83-24 <of this code> and the person:
83-25 (1) causes serious bodily injury to another<,
83-26 including the person's spouse>; or
83-27 (2) <threatens with a deadly weapon or threatens to
84-1 cause bodily injury or causes bodily injury to a member of the
84-2 Board of Pardons and Paroles or the Texas Board of Criminal
84-3 Justice, an employee of the pardons and paroles division of the
84-4 Texas Department of Criminal Justice, an employee of the Windham
84-5 Schools, a peace officer, or a jailer, guard, or other employee of
84-6 a municipal or county jail, the institutional division of the Texas
84-7 Department of Criminal Justice, or a correctional facility
84-8 authorized by Subchapter F, Chapter 351, Local Government Code or
84-9 Chapter 495, Government Code, when the person knows or has been
84-10 informed the person assaulted is a member of the Board of Pardons
84-11 and Paroles or the Texas Board of Criminal Justice, an employee of
84-12 the pardons and paroles division, an employee of the Windham
84-13 Schools, a peace officer, or a jailer, guard, or other employee:>
84-14 <(A) while the member of the Board of Pardons
84-15 and Paroles or Texas Board of Criminal Justice, employee of the
84-16 pardons and paroles division, employee of the Windham Schools,
84-17 peace officer, jailer, guard, or other employee is lawfully
84-18 discharging an official duty; or>
84-19 <(B) in retaliation for or on account of an
84-20 exercise of official power or performance of an official duty as a
84-21 member of the Board of Pardons and Paroles or Texas Board of
84-22 Criminal Justice, an employee of the pardons and paroles division,
84-23 an employee of the Windham Schools, a peace officer, or a jailer,
84-24 guard, or other employee; or>
84-25 <(3) causes bodily injury to a participant in a court
84-26 proceeding when the person knows or has been informed the person
84-27 assaulted is a participant in a court proceeding:>
85-1 <(A) while the injured person is lawfully
85-2 discharging an official duty; or>
85-3 <(B) in retaliation for or on account of the
85-4 injured person's having exercised an official power or performed an
85-5 official duty as a participant in a court proceeding; or>
85-6 <(4)> uses or exhibits a deadly weapon during the
85-7 commission of the assault.
85-8 (b) <The actor is presumed to have known the person
85-9 assaulted was a peace officer if he was wearing a distinctive
85-10 uniform indicating his employment as a peace officer.>
85-11 <(c)> An offense under this section is a felony of the
85-12 second <third> degree, except that <unless the offense is committed
85-13 under Subdivision (2) of Subsection (a) of this section and the
85-14 person uses a deadly weapon, in which event> the offense is a
85-15 felony of the first degree if the offense is committed:
85-16 (1) by a public servant acting under color of the
85-17 servant's office or employment;
85-18 (2) against a person the actor knows is a public
85-19 servant while the public servant is lawfully discharging an
85-20 official duty, or in retaliation or on account of an exercise of
85-21 official power or performance of an official duty as a public
85-22 servant; or
85-23 (3) in retaliation against or on account of the
85-24 service of another as a witness, prospective witness, informant, or
85-25 person who has reported the occurrence of a crime.
85-26 (c) The actor is presumed to have known the person assaulted
85-27 was a public servant if the person was wearing a distinctive
86-1 uniform or badge indicating the person's employment as a public
86-2 servant.
86-3 <(d) A person commits an offense if the person commits
86-4 assault as defined in Section 22.01 of this code and the person
86-5 threatens with a deadly weapon or causes serious bodily injury to
86-6 an officer employed by a community supervision and corrections
86-7 department, an employee of a community corrections facility
86-8 operated by or for a community supervision and corrections
86-9 department and listed in Section 6, Article 42.13, Code of Criminal
86-10 Procedure, a juvenile probation officer, or an employee of a
86-11 juvenile probation department or a juvenile detention center:>
86-12 <(1) while the officer or employee is acting in the
86-13 lawful discharge of an official duty; or>
86-14 <(2) in retaliation for or on account of an exercise
86-15 of official power or performance of an official duty by the officer
86-16 or employee.>
86-17 Sec. 22.021. Aggravated Sexual Assault. (a) A person
86-18 commits an offense:
86-19 (1) if the person:
86-20 (A) intentionally or knowingly:
86-21 (i) causes the penetration of the anus or
86-22 female sexual organ of another person by any means, without that
86-23 person's consent;
86-24 (ii) causes the penetration of the mouth
86-25 of another person by the sexual organ of the actor, without that
86-26 person's consent; or
86-27 (iii) causes the sexual organ of another
87-1 person, without that person's consent, to contact or penetrate the
87-2 mouth, anus, or sexual organ of another person, including the
87-3 actor; or
87-4 (B) intentionally or knowingly:
87-5 (i) causes the penetration of the anus or
87-6 female sexual organ of a child by any means;
87-7 (ii) causes the penetration of the mouth
87-8 of a child by the sexual organ of the actor;
87-9 (iii) causes the sexual organ of a child
87-10 to contact or penetrate the mouth, anus, or sexual organ of another
87-11 person, including the actor; or
87-12 (iv) causes the anus of a child to contact
87-13 the mouth, anus, or sexual organ of another person, including the
87-14 actor; and
87-15 (2) if:
87-16 (A) the person:
87-17 (i) causes serious bodily injury or
87-18 attempts to cause the death of the victim or another person in the
87-19 course of the same criminal episode;
87-20 (ii) by acts or words places the victim in
87-21 fear that death, serious bodily injury, or kidnapping will be
87-22 imminently inflicted on any person;
87-23 (iii) by acts or words occurring in the
87-24 presence of the victim threatens to cause the death, serious bodily
87-25 injury, or kidnapping of any person; or
87-26 (iv) uses or exhibits a deadly weapon in
87-27 the course of the same criminal episode; or
88-1 (B) the victim is younger than 14 years of age.
88-2 (b) In this section, "child" has the meaning assigned that
88-3 term by Section 22.011(c) <of this code>.
88-4 (c) An aggravated sexual assault under this section is
88-5 without the consent of the other person if the aggravated sexual
88-6 assault occurs under the same circumstances listed in Section
88-7 22.011(b) <of this code>.
88-8 (d) <The defense provided by Section 22.011(d)(1) of this
88-9 code and the affirmative defense provided by Section 22.011(e) of
88-10 this code do not apply to this section.> The defense provided by
88-11 Section 22.011(d) applies <(d)(2) of this section does apply> to
88-12 this section.
88-13 (e) An offense under this section is a felony of the first
88-14 degree.
88-15 <Sec. 22.03. DEADLY ASSAULT ON LAW ENFORCEMENT OR
88-16 CORRECTIONS OFFICER, MEMBER OR EMPLOYEE OF BOARD OF PARDONS AND
88-17 PAROLES, COURT PARTICIPANT, PROBATION PERSONNEL, OR EMPLOYEE OF
88-18 TEXAS YOUTH COMMISSION. (a) A person commits an offense if, with
88-19 a deadly weapon, he intentionally or knowingly causes serious
88-20 bodily injury:>
88-21 <(1) to a peace officer, a jailer, a guard, or other
88-22 employee of a municipal or county jail, the institutional division
88-23 of the Texas Department of Criminal Justice, or a correctional
88-24 facility authorized by Subchapter F, Chapter 351, Local Government
88-25 Code, or Chapter 495, Government Code, a member of the Board of
88-26 Pardons and Paroles or the Texas Board of Criminal Justice, an
88-27 employee of the Windham Schools, or an employee of the pardons and
89-1 paroles division of the Texas Department of Criminal Justice, where
89-2 he knows or has been informed the person assaulted is a peace
89-3 officer, jailer, guard, other employee, member of the Board of
89-4 Pardons and Paroles or the Texas Board of Criminal Justice,
89-5 employee of the Windham Schools, or employee of the pardons and
89-6 paroles division:>
89-7 <(A) while the peace officer, jailer, guard,
89-8 other employee, member of the Board of Pardons and Paroles or the
89-9 Texas Board of Criminal Justice, or employee of the pardons and
89-10 paroles division is acting in the lawful discharge of an official
89-11 duty; or>
89-12 <(B) in retaliation for or on account of an
89-13 exercise of official power or performance of an official duty as a
89-14 peace officer, jailer, guard, other employee, member of the Board
89-15 of Pardons and Paroles or the Texas Board of Criminal Justice,
89-16 employee of the Windham Schools, or employee of the pardons and
89-17 paroles division; or>
89-18 <(2) to a participant in a court proceeding when he
89-19 knows or has been informed that the person assaulted is a
89-20 participant in a court proceeding:>
89-21 <(A) while the injured person is in the lawful
89-22 discharge of official duty; or>
89-23 <(B) in retaliation for or on account of the
89-24 injured person's having exercised an official power or performed an
89-25 official duty as a participant in a court proceeding.>
89-26 <(b) The actor is presumed to have known the person
89-27 assaulted was a peace officer if he was wearing a distinctive
90-1 uniform indicating his employment as a peace officer.>
90-2 <(c) An offense under this section is a felony of the first
90-3 degree.>
90-4 <(d) A person commits an offense if, with a deadly weapon,
90-5 the person intentionally or knowingly causes serious bodily injury
90-6 to an officer employed by a community supervision and corrections
90-7 department, an employee of a community corrections facility
90-8 operated by or for a community supervision and corrections
90-9 department and listed in Section 6, Article 42.13, Code of Criminal
90-10 Procedure, a juvenile probation officer, or an employee of a
90-11 juvenile probation department or a juvenile detention center:>
90-12 <(1) while the officer or employee is acting in the
90-13 lawful discharge of an official duty; or>
90-14 <(2) in retaliation for or on account of an exercise
90-15 of official power or performance of an official duty by the officer
90-16 or employee.>
90-17 <(e) A person commits an offense if, with a deadly weapon,
90-18 the person intentionally or knowingly causes serious bodily injury
90-19 to an employee of the Texas Youth Commission:>
90-20 <(1) while the employee is acting in the lawful
90-21 discharge of an official duty; or>
90-22 <(2) in retaliation for or on account of an exercise
90-23 of official power or performance of an official duty by the
90-24 employee.>
90-25 Sec. 22.04. Injury to a Child, Elderly Individual, or
90-26 Invalid. (a) A person commits an offense if he intentionally,
90-27 knowingly, recklessly, or with criminal negligence, by act or
91-1 intentionally, knowingly, or recklessly by omission, causes to a
91-2 child, elderly individual, or invalid individual:
91-3 (1) serious bodily injury;
91-4 (2) serious <physical or> mental deficiency, <or>
91-5 impairment, or injury; or
91-6 (3) <disfigurement or deformity; or>
91-7 <(4)> bodily injury.
91-8 (b) An omission that causes a condition described by
91-9 Subsections (a)(1) through (a)(3) <(a)(4) of this section> is
91-10 conduct constituting an offense under this section if:
91-11 (1) the actor has a legal or statutory duty to act; or
91-12 (2) the actor has assumed care, custody, or control of
91-13 a child, elderly individual, or invalid individual.
91-14 (c) In this section:
91-15 (1) "Child" means a person 14 years of age or younger.
91-16 (2) "Elderly individual" means a person 65 years of
91-17 age or older.
91-18 (3) "Invalid individual" means a person older than 14
91-19 years of age who by reason of age or physical or mental disease,
91-20 defect, or injury is substantially unable to protect himself from
91-21 harm or to provide food, shelter, or medical care for himself.
91-22 (d) The actor has assumed care, custody, or control if he
91-23 has by act, words, or course of conduct acted so as to cause a
91-24 reasonable person to conclude that he has accepted responsibility
91-25 for protection, food, shelter, and medical care for a child,
91-26 elderly individual, or invalid individual.
91-27 (e) An offense under Subsection (a)(1) or<,> (2)<, or (3) of
92-1 this section> is a felony of the first degree when the conduct is
92-2 committed intentionally or knowingly. When the conduct is engaged
92-3 in recklessly it shall be a felony of the second <third> degree.
92-4 (f) An offense under Subsection (a)(3) <(a)(4) of this
92-5 section> is a felony of the third degree when the conduct is
92-6 committed intentionally or knowingly. When the conduct is engaged
92-7 in recklessly it shall be a state jail felony <Class A
92-8 misdemeanor>.
92-9 (g) An offense under Subsection (a) <of this section> when
92-10 the person acts with criminal negligence shall be a state jail
92-11 felony <Class A misdemeanor>.
92-12 (h) A person who is subject to prosecution under both this
92-13 section and another section of this code may be prosecuted under
92-14 either or both sections. Section 3.04 <of this code> does not
92-15 apply to criminal episodes prosecuted under both this section and
92-16 another section of this code. If a criminal episode is prosecuted
92-17 under both this section and another section of this code and
92-18 sentences are assessed for convictions under both sections, the
92-19 sentences shall run concurrently.
92-20 (i) It is an affirmative defense to prosecution under
92-21 Subsection (b)(2) <of this section> that before the offense the
92-22 actor:
92-23 (1) notified in person the child, elderly individual,
92-24 or invalid individual that he would no longer provide any of the
92-25 care described by Subsection (d) <of this section>; and
92-26 (2) notified in writing the parents or person other
92-27 than himself acting in loco parentis to the child, elderly
93-1 individual, or invalid individual that he would no longer provide
93-2 any of the care described by Subsection (d) <of this section>; or
93-3 (3) notified in writing the Texas Department of Human
93-4 Services that he would no longer provide any of the care set forth
93-5 in Subsection (d) <of this section>.
93-6 (j) Written notification under Subsection (i)(2) or (i)(3)
93-7 <of this section> is not effective unless it contains the name and
93-8 address of the actor, the name and address of the child, elderly
93-9 individual, or invalid individual, the type of care provided by the
93-10 actor, and the date the care was discontinued.
93-11 (k)(1) It is a defense to prosecution under this section
93-12 that the act or omission consisted of:
93-13 (A) reasonable medical care occurring under the
93-14 direction of or by a licensed physician; or
93-15 (B) emergency medical care administered in good
93-16 faith and with reasonable care by a person not licensed in the
93-17 healing arts.
93-18 (2) It is an affirmative defense to prosecution under
93-19 this section that the act or omission was based on treatment in
93-20 accordance with the tenets and practices of a recognized religious
93-21 method of healing with a generally accepted record of efficacy.
93-22 Sec. 22.041. Abandoning or Endangering Child. (a) In this
93-23 section, "abandon" means to leave a child in any place without
93-24 providing reasonable and necessary care for the child, under
93-25 circumstances under which no reasonable, similarly situated adult
93-26 would leave a child of that age and ability.
93-27 (b) A person commits an offense if, having custody, care, or
94-1 control of a child younger than 15 years, he intentionally abandons
94-2 the child in any place under circumstances that expose the child to
94-3 an unreasonable risk of harm.
94-4 (c) A person commits an offense if he intentionally,
94-5 knowingly, recklessly, or with criminal negligence, by act or
94-6 omission, engages in conduct that places a child younger than 15
94-7 years in imminent danger of death, bodily injury, or physical or
94-8 mental impairment.
94-9 (d) Except as provided by Subsection (e) <of this section>,
94-10 an offense under Subsection (b) <of this section> is:
94-11 (1) a state jail felony <Class A misdemeanor> if the
94-12 actor abandoned the child with intent to return for the child; or
94-13 (2) a felony of the third degree if the actor
94-14 abandoned the child without intent to return for the child.
94-15 (e) An offense under Subsection (b) <of this section> is a
94-16 felony of the second degree if the actor abandons the child under
94-17 circumstances that a reasonable person would believe would place
94-18 the child in imminent danger of death, bodily injury, or physical
94-19 or mental impairment.
94-20 (f) An offense under Subsection (c) <of this section> is a
94-21 state jail felony <Class A misdemeanor>.
94-22 Sec. 22.05. Deadly <Reckless> Conduct. (a) A person
94-23 commits an offense if he recklessly engages in conduct that places
94-24 another in imminent danger of serious bodily injury.
94-25 (b) A person commits an offense if he knowingly discharges a
94-26 firearm at or in the direction of:
94-27 (1) one or more individuals; or
95-1 (2) a habitation, building, or vehicle and is reckless
95-2 as to whether the habitation, building, or vehicle is occupied.
95-3 (c) Recklessness and danger are presumed if the actor
95-4 knowingly pointed a firearm at or in the direction of another
95-5 whether or not the actor believed the firearm to be loaded.
95-6 (d) For purposes of this section, "building," "habitation,"
95-7 and "vehicle" have the meanings assigned those terms by Section
95-8 30.01.
95-9 (e) <(c)> An offense under Subsection (a) <this section> is
95-10 a Class A <B> misdemeanor. An offense under Subsection (b) is a
95-11 felony of the third degree.
95-12 Sec. 22.06. Consent as Defense to Assaultive Conduct. The
95-13 victim's effective consent or the actor's reasonable belief that
95-14 the victim consented to the actor's conduct is a defense to
95-15 prosecution under Section 22.01 (Assault), 22.02 (Aggravated
95-16 Assault), or 22.05 (Deadly <Reckless> Conduct) <of this code> if:
95-17 (1) the conduct did not threaten or inflict serious
95-18 bodily injury; or
95-19 (2) the victim knew the conduct was a risk of:
95-20 (A) his occupation;
95-21 (B) recognized medical treatment; or
95-22 (C) a scientific experiment conducted by
95-23 recognized methods.
95-24 Sec. 22.07. Terroristic Threat. (a) A person commits an
95-25 offense if he threatens to commit any offense involving violence to
95-26 any person or property with intent to:
95-27 (1) cause a reaction of any type to his threat by an
96-1 official or volunteer agency organized to deal with emergencies;
96-2 (2) place any person in fear of imminent serious
96-3 bodily injury; or
96-4 (3) prevent or interrupt the occupation or use of a
96-5 building; room; place of assembly; place to which the public has
96-6 access; place of employment or occupation; aircraft, automobile, or
96-7 other form of conveyance; or other public place; or
96-8 (4) cause impairment or interruption of public
96-9 communications, public transportation, public water, gas, or power
96-10 supply or other public service.
96-11 (b) An offense under Subdivision (1) or (2) of Subsection
96-12 (a) <of this section> is a Class B misdemeanor. An offense under
96-13 Subdivision (3) of Subsection (a) <of this section> is a Class A
96-14 misdemeanor. An offense under Subdivision (4) of Subsection (a)
96-15 <of this section> is a felony of the third degree.
96-16 Sec. 22.08. Aiding Suicide. (a) A person commits an
96-17 offense if, with intent to promote or assist the commission of
96-18 suicide by another, he aids or attempts to aid the other to commit
96-19 or attempt to commit suicide.
96-20 (b) An offense under this section is a Class C misdemeanor
96-21 unless the actor's conduct causes suicide or attempted suicide that
96-22 results in serious bodily injury, in which event the offense is a
96-23 state jail felony <of the third degree>.
96-24 Sec. 22.09. Tampering With Consumer Product. (a) In this
96-25 section:
96-26 (1) "Consumer Product" means any product offered for
96-27 sale to or for consumption by the public and includes "food" and
97-1 "drugs" as those terms are defined in Section 431.002, Health and
97-2 Safety Code.
97-3 (2) "Tamper" means to alter or add a foreign substance
97-4 to a consumer product to make it probable that the consumer product
97-5 will cause serious bodily injury.
97-6 (b) A person commits an offense if he knowingly or
97-7 intentionally tampers with a consumer product knowing that the
97-8 consumer product will be offered for sale to the public or as a
97-9 gift to another.
97-10 (c) A person commits an offense if he knowingly or
97-11 intentionally threatens to tamper with a consumer product with the
97-12 intent to cause fear, to affect the sale of the consumer product,
97-13 or to cause bodily injury to any person.
97-14 (d) An offense under Subsection (b) <of this section> is a
97-15 felony of the second degree unless a person suffers serious bodily
97-16 injury, in which event it is a felony of the first degree. An
97-17 offense under Subsection (c) <of this section> is a felony of the
97-18 third degree.
97-19 Sec. 22.10. Leaving a Child in a Vehicle. (a) A person
97-20 commits an offense if he intentionally or knowingly leaves a child
97-21 in a motor vehicle for longer than five minutes, knowing that the
97-22 child is:
97-23 (1) younger than seven years of age; and
97-24 (2) not attended by an individual in the vehicle who
97-25 is 14 years of age or older.
97-26 (b) An offense under this section is a Class C misdemeanor.
97-27 TITLE 6. OFFENSES AGAINST THE FAMILY
98-1 CHAPTER 25. OFFENSES AGAINST THE FAMILY
98-2 Sec. 25.01. Bigamy. (a) An individual commits an offense
98-3 if:
98-4 (1) he is legally married and he:
98-5 (A) purports to marry or does marry a person
98-6 other than his spouse in this state, or any other state or foreign
98-7 country, under circumstances that would, but for the actor's prior
98-8 marriage, constitute a marriage; or
98-9 (B) lives with a person other than his spouse in
98-10 this state under the appearance of being married; or
98-11 (2) he knows that a married person other than his
98-12 spouse is married and he:
98-13 (A) purports to marry or does marry that person
98-14 in this state, or any other state or foreign country, under
98-15 circumstances that would, but for the person's prior marriage,
98-16 constitute a marriage; or
98-17 (B) lives with that person in this state under
98-18 the appearance of being married.
98-19 (b) For purposes of this section, "under the appearance of
98-20 being married" means holding out that the parties are married with
98-21 cohabitation and an intent to be married by either party.
98-22 (c) It is a defense to prosecution under Subsection (a)(1)
98-23 <of this section> that the actor reasonably believed that his
98-24 marriage was void or had been dissolved by death, divorce, or
98-25 annulment.
98-26 (d) For the purposes of this section, the lawful wife or
98-27 husband of the actor may testify both for or against the actor
99-1 concerning proof of the original marriage.
99-2 (e) An offense under this section is a Class A misdemeanor
99-3 <felony of the third degree>.
99-4 Sec. 25.02. Prohibited Sexual Conduct <Incest>. (a) An
99-5 individual commits an offense if he engages in sexual intercourse
99-6 or deviate sexual intercourse with a person he knows to be, without
99-7 regard to legitimacy:
99-8 (1) his ancestor or descendant by blood or adoption;
99-9 (2) his stepchild or stepparent, while the marriage
99-10 creating that relationship exists;
99-11 (3) his parent's brother or sister of the whole or
99-12 half blood;
99-13 (4) his brother or sister of the whole or half blood
99-14 or by adoption; or
99-15 (5) the children of his brother or sister of the whole
99-16 or half blood or by adoption.
99-17 (b) For purposes of this section:
99-18 (1) "Deviate sexual intercourse" means any contact
99-19 between the genitals of one person and the mouth or anus of another
99-20 person with intent to arouse or gratify the sexual desire of any
99-21 person.
99-22 (2) "Sexual intercourse" means any penetration of the
99-23 female sex organ by the male sex organ.
99-24 (c) An offense under this section is a felony of the third
99-25 degree.
99-26 Sec. 25.03. Interference With Possession of or Access to a
99-27 Child <Custody>. (a) A person commits an offense if the person
100-1 <he> takes, entices away, or retains a child younger than 18 years
100-2 with intent to deprive another person of lawful possession of or
100-3 access to the child when the person <he>:
100-4 (1) knows that the <his> taking, enticement, or
100-5 retention violates the express terms of a judgment or order of a
100-6 court regarding the conservatorship or possession of or access to
100-7 the child <disposing of the child's custody>; or
100-8 (2) <has not been awarded custody of the child by a
100-9 court of competent jurisdiction,> knows that a suit regarding the
100-10 conservatorship or possession of or access to the child <for
100-11 divorce or a civil suit or application for habeas corpus to dispose
100-12 of the child's custody> has been filed, and takes the child out of
100-13 the geographic area of the counties composing the judicial district
100-14 if the court is a district court or the county if the court is a
100-15 statutory county court, without the permission of the court and
100-16 with the intent to deprive the court of authority over the child.
100-17 (b) It is not a defense to prosecution under Subsection (a)
100-18 that the actor is a joint managing conservator of the child <A
100-19 noncustodial parent commits an offense if, with the intent to
100-20 interfere with the lawful custody of a child younger than 18 years,
100-21 he knowingly entices or persuades the child to leave the custody of
100-22 the custodial parent, guardian, or person standing in the stead of
100-23 the custodial parent or guardian of the child>.
100-24 (c) It is a defense to prosecution under Subsection (a)(2)
100-25 <of this section> that the actor returned the child to the
100-26 geographic area of the counties composing the judicial district if
100-27 the court is a district court or the county if the court is a
101-1 statutory county court, within three days after the date of the
101-2 commission of the offense.
101-3 (d) An offense under this section is a state jail felony <of
101-4 the third degree>.
101-5 Sec. 25.031. Agreement to Abduct from Custody. (a) A
101-6 person commits an offense if the person agrees, for remuneration or
101-7 the promise of remuneration, to abduct a child younger than 18
101-8 years of age by force, threat of force, misrepresentation, stealth,
101-9 or unlawful entry, knowing that the child is under the care and
101-10 control of a person having custody or physical possession of the
101-11 child under a court order or under the care and control of another
101-12 person who is exercising care and control with the consent of a
101-13 person having custody or physical possession under a court order.
101-14 (b) An offense under this section is a state jail felony <of
101-15 the third degree>.
101-16 Sec. 25.04. Enticing a Child. (a) A person commits an
101-17 offense if, with the intent to interfere with the lawful custody of
101-18 a child younger than 18 years, he knowingly entices, persuades, or
101-19 takes the child from the custody of the parent or guardian or
101-20 person standing in the stead of the parent or guardian of such
101-21 child.
101-22 (b) An offense under this section is a Class B misdemeanor.
101-23 Sec. 25.05. Criminal Nonsupport. (a) An individual commits
101-24 an offense if he intentionally or knowingly fails to provide
101-25 support for his child younger than 18 years of age, or for his
101-26 child who is the subject of a court order requiring the individual
101-27 to support the child.
102-1 (b) For purposes of this section, "child" includes a child
102-2 born out of wedlock whose paternity has either been acknowledged by
102-3 the actor or has been established in a civil suit under the Family
102-4 Code or the law of another state.
102-5 (c) Under this section, a conviction may be had on the
102-6 uncorroborated testimony of a party to the offense.
102-7 (d) It is an affirmative defense to prosecution under this
102-8 section that the actor could not provide support for his child.
102-9 (e) The pendency of a prosecution under this section does
102-10 not affect the power of a court to enter an order for child support
102-11 under the Family Code.
102-12 (f) Except as provided in Subsection (g) <of this section>,
102-13 an offense under this section is a Class A misdemeanor.
102-14 (g) An offense under this section is a felony of the third
102-15 degree if the actor<:>
102-16 <(1) has been convicted one or more times under this
102-17 section; or>
102-18 <(2)> commits the offense and leaves the state to
102-19 reside <while residing> in another state.
102-20 Sec. 25.06. <Solicitation of a Child><. (a) A person commits
102-21 an offense if he entices, persuades, or invites a child younger
102-22 than 14 years to enter a vehicle, building, structure, or enclosed
102-23 area with intent to engage in or propose engaging in sexual
102-24 intercourse, deviate sexual intercourse, or sexual contact with the
102-25 child or with intent to expose his anus or any part of his genitals
102-26 to the child.>
102-27 <(b) The definitions of "sexual intercourse," "deviate
103-1 sexual intercourse," and "sexual contact" in Chapter 21 of this
103-2 code apply to this section.>
103-3 <(c) An offense under this section is a Class A misdemeanor
103-4 unless the actor takes the child out of the county of residence of
103-5 the parent, guardian, or person standing in the stead of the parent
103-6 or guardian of the child, in which event the offense is a felony of
103-7 the third degree.>
103-8 <Sec. 25.07.> Harboring Runaway Child. (a) A person
103-9 commits an offense if he knowingly harbors a child and he is
103-10 criminally negligent about whether the child:
103-11 (1) is younger than 18 years; and
103-12 (2) has escaped from the custody of a peace officer, a
103-13 probation officer, the Texas Youth Council, or a detention facility
103-14 for children, or is voluntarily absent from the child's home
103-15 without the consent of the child's parent or guardian for a
103-16 substantial length of time or without the intent to return.
103-17 (b) It is a defense to prosecution under this section that
103-18 the actor was related to the child within the second degree by
103-19 consanguinity or affinity, as determined under Article 5996h,
103-20 Revised Statutes.
103-21 (c) It is a defense to prosecution under this section that
103-22 the actor notified:
103-23 (1) the person or agency from which the child escaped
103-24 or a law enforcement agency of the presence of the child within 24
103-25 hours after discovering that the child had escaped from custody; or
103-26 (2) a law enforcement agency or a person at the
103-27 child's home of the presence of the child within 24 hours after
104-1 discovering that the child was voluntarily absent from home without
104-2 the consent of the child's parent or guardian.
104-3 (d) An offense under this section is a Class A misdemeanor.
104-4 (e) On the receipt of a report from a peace officer,
104-5 probation officer, the Texas Youth Council, a foster home, or a
104-6 detention facility for children that a child has escaped its
104-7 custody or upon receipt of a report from a parent, guardian,
104-8 conservator, or legal custodian that a child is missing, a law
104-9 enforcement agency shall immediately enter a record of the child
104-10 into the National Crime Information Center.
104-11 Sec. 25.07 <25.08>. Violation of a Protective Order. (a) A
104-12 person commits an offense if, in violation of an order issued under
104-13 Section 3.581, Section 71.11, or Section 71.12, Family Code, the
104-14 person knowingly or intentionally:
104-15 (1) commits family violence;
104-16 (2) directly communicates with a member of the family
104-17 or household in a threatening or harassing manner, communicates a
104-18 threat through any person to a member of the family or household,
104-19 and, if the order prohibits any communication with a member of the
104-20 family or household, communicates in any manner with the member of
104-21 the family or household except through the person's attorney or a
104-22 person appointed by the court; or
104-23 (3) goes to or near any of the following places as
104-24 specifically described in the protective order:
104-25 (A) the residence or place of employment or
104-26 business of a member of the family or household; or
104-27 (B) any child care facility, residence, or
105-1 school where a child protected by the protective order normally
105-2 resides or attends.
105-3 (b) For the purposes of this section, "family violence,"
105-4 "family," "household," and "member of a household" have the
105-5 meanings assigned by Section 71.01, Family Code.
105-6 (c) If conduct constituting an offense under this section
105-7 also constitutes an offense under another section of this code, the
105-8 actor may be prosecuted under either section or under both
105-9 sections.
105-10 (d) Reconciliatory actions or agreements made by persons
105-11 affected by a protective order do not affect the validity of the
105-12 order or the duty of a peace officer to enforce this section.
105-13 (e) A peace officer investigating conduct that may
105-14 constitute an offense under this section for a violation of a
105-15 protective order may not arrest a person protected by that order
105-16 for a violation of that order.
105-17 (f) It is not a defense to prosecution under this section
105-18 that certain information has been excluded, as provided by Section
105-19 71.111, Family Code, from an order to which this section applies.
105-20 (g) An offense under this section is a Class A misdemeanor.
105-21 <However, if it is shown at the trial for the offense that the
105-22 actor has been previously convicted under this section two or more
105-23 times, the offense is a felony of the third degree.>
105-24 Sec. 25.08 <25.11>. Sale or Purchase of Child. (a) A
105-25 person commits an offense if he:
105-26 (1) possesses a child younger than 18 years of age or
105-27 has the custody, conservatorship, or guardianship of a child
106-1 younger than 18 years of age, whether or not he has actual
106-2 possession of the child, and he offers to accept, agrees to accept,
106-3 or accepts a thing of value for the delivery of the child to
106-4 another or for the possession of the child by another for purposes
106-5 of adoption; or
106-6 (2) offers to give, agrees to give, or gives a thing
106-7 of value to another for acquiring or maintaining the possession of
106-8 a child for the purpose of adoption.
106-9 (b) It is an exception to the application of this section
106-10 that the thing of value is:
106-11 (1) a fee paid to a child-placing agency as authorized
106-12 by law;
106-13 (2) a fee paid to an attorney or physician for
106-14 services rendered in the usual course of legal or medical practice;
106-15 or
106-16 (3) a reimbursement of legal or medical expenses
106-17 incurred by a person for the benefit of the child.
106-18 (c) An offense under this section is a felony of the third
106-19 degree <unless the actor has been convicted previously under this
106-20 section, in which event the offense is a felony of the second
106-21 degree>.
106-22 TITLE 7. OFFENSES AGAINST PROPERTY
106-23 CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND
106-24 OTHER PROPERTY DAMAGE OR DESTRUCTION
106-25 Sec. 28.01. Definitions. In this chapter:
106-26 (1) "Habitation" means a structure or vehicle that is
106-27 adapted for the overnight accommodation of persons and includes:
107-1 (A) each separately secured or occupied portion
107-2 of the structure or vehicle; and
107-3 (B) each structure appurtenant to or connected
107-4 with the structure or vehicle.
107-5 (2) "Building" means any structure or enclosure
107-6 intended for use or occupation as a habitation or for some purpose
107-7 of trade, manufacture, ornament, or use.
107-8 (3) "Property" means:
107-9 (A) real property;
107-10 (B) tangible or intangible personal property,
107-11 including anything severed from land; or
107-12 (C) a document, including money, that represents
107-13 or embodies anything of value.
107-14 (4) "Vehicle" includes any device in, on, or by which
107-15 any person or property is or may be propelled, moved, or drawn in
107-16 the normal course of commerce or transportation.
107-17 (5) "Open-space land" means real property that is
107-18 undeveloped for the purpose of human habitation.
107-19 (6) "Controlled burning" means the burning of unwanted
107-20 vegetation with the consent of the owner of the property on which
107-21 the vegetation is located and in such a manner that the fire is
107-22 controlled and limited to a designated area.
107-23 Sec. 28.02. Arson. (a) A person commits an offense if he
107-24 starts a fire or causes an explosion with intent to destroy or
107-25 damage:
107-26 (1) any vegetation, fence, or structure on open-space
107-27 land; or
108-1 (2) any building, habitation, or vehicle:
108-2 (A) knowing that it is within the limits of an
108-3 incorporated city or town;
108-4 (B) knowing that it is insured against damage or
108-5 destruction;
108-6 (C) knowing that it is subject to a mortgage or
108-7 other security interest;
108-8 (D) knowing that it is located on property
108-9 belonging to another;
108-10 (E) knowing that it has located within it
108-11 property belonging to another; or
108-12 (F) when he is reckless about whether the
108-13 burning or explosion will endanger the life of some individual or
108-14 the safety of the property of another.
108-15 (b) It is an exception to the application of Subsection
108-16 (a)(1) <of this section> that the fire or explosion was a part of
108-17 the controlled burning of open-space land.
108-18 (c) It is a defense to prosecution under Subsection
108-19 (a)(2)(A) <of this section> that prior to starting the fire or
108-20 causing the explosion, the actor obtained a permit or other written
108-21 authorization granted in accordance with a city ordinance, if any,
108-22 regulating fires and explosions.
108-23 (d) An offense under this section is a felony of the second
108-24 degree, unless bodily injury or death is suffered by any person by
108-25 reason of the commission of the offense, in which event it is a
108-26 felony of the first degree.
108-27 Sec. 28.03. Criminal Mischief. (a) A person commits an
109-1 offense if, without the effective consent of the owner:
109-2 (1) he intentionally or knowingly damages or destroys
109-3 the tangible property of the owner;
109-4 (2) he intentionally or knowingly tampers with the
109-5 tangible property of the owner and causes pecuniary loss or
109-6 substantial inconvenience to the owner or a third person; or
109-7 (3) he intentionally or knowingly makes markings,
109-8 including inscriptions, slogans, drawings, or paintings, on the
109-9 tangible property of the owner.
109-10 (b) Except as provided by Subsection (f), an offense under
109-11 this section is:
109-12 (1) a Class C misdemeanor if:
109-13 (A) the amount of pecuniary loss is less than
109-14 $50 <$20>; or
109-15 (B) except as provided in Subdivision
109-16 (3)<(4)>(B) <of this subsection>, it causes substantial
109-17 inconvenience to others;
109-18 (2) a Class B misdemeanor if the amount of pecuniary
109-19 loss is $50 <$20> or more but less than $500 <$200>;
109-20 (3) a Class A misdemeanor if the amount of pecuniary
109-21 loss is:
109-22 (A) $500 <$200> or more but less than $1,500
109-23 <$750>; or
109-24 (B) less than $1,500 and the actor causes in
109-25 whole or in part impairment or interruption of public
109-26 communications, public transportation, public water, gas, or power
109-27 supply, or other public service, or causes to be diverted in whole,
110-1 in part, or in any manner, including installation or removal of any
110-2 device for any such purpose, any public communications, public
110-3 water, gas, or power supply;
110-4 (4) a state jail felony <of the third degree> if:
110-5 (A) the amount of pecuniary loss is $1,500
110-6 <$750> or more but less than $20,000;
110-7 (B) <regardless of the amount of pecuniary loss,
110-8 the actor causes in whole or in part impairment or interruption of
110-9 public communications, public transportation, public water, gas, or
110-10 power supply, or other public service, or diverts, or causes to be
110-11 diverted in whole, in part, or in any manner, including
110-12 installation or removal of any device for such purpose, any public
110-13 communications, public water, gas, or power supply;>
110-14 <(C)> regardless of the amount of pecuniary
110-15 loss, the property is one or more head of cattle, horses, sheep,
110-16 swine, or goats;
110-17 (C) <(D)> regardless of the amount of pecuniary
110-18 loss, the property was a fence used for the production of cattle,
110-19 horses, sheep, swine, or goats; or
110-20 (D) <(E)> regardless of the amount of pecuniary
110-21 loss, the damage or destruction was inflicted by branding one or
110-22 more head of cattle, horses, sheep, swine, or goats;<.>
110-23 (5) a felony of the third <second> degree if the
110-24 amount of the pecuniary loss is $20,000 or more but less than
110-25 $100,000;
110-26 (6) a felony of the second degree if the amount of
110-27 pecuniary loss is $100,000 or more but less than $200,000; or
111-1 (7) a felony of the first degree if the amount of
111-2 pecuniary loss is $200,000 or more.
111-3 (c) For the purposes of this section, it shall be presumed
111-4 that a person <in whose name public communications, public water,
111-5 gas, or power supply is or was last billed and> who is receiving
111-6 the economic benefit of public communications, public water, gas,
111-7 or power <said communication or> supply, has knowingly tampered
111-8 with the tangible property of the owner if the communication or
111-9 supply has been:
111-10 (1) diverted from passing through a metering device;
111-11 or
111-12 (2) prevented from being correctly registered by a
111-13 metering device; or
111-14 (3) activated by any device installed to obtain public
111-15 communications, public water, gas, or power supply without a
111-16 metering device.
111-17 (d) The term "public communication, public transportation,
111-18 public water, gas, or power supply, or other public service" shall
111-19 mean, refer to, and include any such services subject to regulation
111-20 by the Public Utility Commission of Texas, the Railroad Commission
111-21 of Texas, or the Texas Water Commission or any such services
111-22 enfranchised by the State of Texas or any political subdivision
111-23 thereof.
111-24 (e) When more than one item of tangible property, belonging
111-25 to one or more owners, is damaged, destroyed, or tampered with in
111-26 violation of this section pursuant to one scheme or continuing
111-27 course of conduct, the conduct may be considered as one offense,
112-1 and the amounts of pecuniary loss to property resulting from the
112-2 damage to, destruction of, or tampering with the property may be
112-3 aggregated in determining the grade of the offense.
112-4 (f) An offense under this section is:
112-5 (1) a state jail felony <of the third degree> if the
112-6 damage or destruction is inflicted on a place of worship or human
112-7 burial, a public monument, or a community center that provides
112-8 medical, social, or educational programs and the amount of the
112-9 pecuniary loss to real property or to tangible personal property is
112-10 $20 or more but less than $20,000; or
112-11 (2) a felony of the second degree if the damage or
112-12 destruction is inflicted on a place of worship or human burial, a
112-13 public monument, or a community center that provides medical,
112-14 social, or educational programs and the amount of the pecuniary
112-15 loss to real property or to tangible personal property is $20,000
112-16 or more.
112-17 Sec. 28.04. Reckless Damage or Destruction. (a) A person
112-18 commits an offense if, without the effective consent of the owner,
112-19 he recklessly damages or destroys property of the owner.
112-20 (b) An offense under this section is a Class C misdemeanor.
112-21 Sec. 28.05. Actor's Interest in Property. It is no defense
112-22 to prosecution under this chapter that the actor has an interest in
112-23 the property damaged or destroyed if another person also has an
112-24 interest that the actor is not entitled to infringe.
112-25 Sec. 28.06. Amount of Pecuniary Loss. (a) The amount of
112-26 pecuniary loss under this chapter, if the property is destroyed,
112-27 is:
113-1 (1) the fair market value of the property at the time
113-2 and place of the destruction; or
113-3 (2) if the fair market value of the property cannot be
113-4 ascertained, the cost of replacing the property within a reasonable
113-5 time after the destruction.
113-6 (b) The amount of pecuniary loss under this chapter, if the
113-7 property is damaged, is the cost of repairing or restoring the
113-8 damaged property within a reasonable time after the damage
113-9 occurred.
113-10 (c) The amount of pecuniary loss under this chapter for
113-11 documents, other than those having a readily ascertainable market
113-12 value, is:
113-13 (1) the amount due and collectible at maturity less
113-14 any part that has been satisfied, if the document constitutes
113-15 evidence of a debt; or
113-16 (2) the greatest amount of economic loss that the
113-17 owner might reasonably suffer by virtue of the destruction or
113-18 damage if the document is other than evidence of a debt.
113-19 (d) If the amount of pecuniary loss cannot be ascertained by
113-20 the criteria set forth in Subsections (a) through (c) <of this
113-21 section>, the amount of loss is deemed to be greater than $500
113-22 <$200> but less than $1,500 <$750>.
113-23 (e) If the actor proves by a preponderance of the evidence
113-24 that he gave consideration for or had a legal interest in the
113-25 property involved, the value of the interest so proven shall be
113-26 deducted from:
113-27 (1) the amount of pecuniary loss if the property is
114-1 destroyed; or
114-2 (2) the amount of pecuniary loss to the extent of an
114-3 amount equal to the ratio the value of the interest bears to the
114-4 total value of the property, if the property is damaged.
114-5 <Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY. (a) In
114-6 this section:>
114-7 <(1) "Railroad property" means:>
114-8 <(A) a train, locomotive, railroad car, caboose,
114-9 work equipment, rolling stock, safety device, switch, or connection
114-10 that is owned, leased, operated, or possessed by a railroad; or>
114-11 <(B) a railroad track, rail, bridge, trestle, or
114-12 right-of-way owned or used by a railroad.>
114-13 <(2) "Tamper" means to move, alter, or interfere with
114-14 railroad property.>
114-15 <(b) A person commits an offense if the person:>
114-16 <(1) throws an object or discharges a firearm or
114-17 weapon at a train or rail-mounted work equipment; or>
114-18 <(2) without the effective consent of the owner:>
114-19 <(A) enters or remains on railroad property,
114-20 knowing that it is railroad property;>
114-21 <(B) tampers with railroad property;>
114-22 <(C) places an obstruction on a railroad track
114-23 or right-of-way; or>
114-24 <(D) causes in any manner the derailment of a
114-25 train, railroad car, or other railroad property that moves on
114-26 tracks.>
114-27 <(c) An offense under Subsection (b)(1) of this section is a
115-1 Class B misdemeanor unless the person causes bodily injury to
115-2 another, in which event the offense is a felony of the third
115-3 degree.>
115-4 <(d) An offense under Subsection (b)(2)(A) of this section
115-5 is a Class C misdemeanor.>
115-6 <(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or
115-7 (b)(2)(D) of this section is a Class C misdemeanor unless the
115-8 person causes pecuniary loss, in which event the offense is:>
115-9 <(1) a Class B misdemeanor if the amount of pecuniary
115-10 loss is $20 or more but less than $200;>
115-11 <(2) a Class A misdemeanor if the amount of pecuniary
115-12 loss is $200 or more but less than $750;>
115-13 <(3) a felony of the third degree if the amount of
115-14 pecuniary loss is $750 or more but less than $20,000; or>
115-15 <(4) a felony of the second degree if the amount of
115-16 the pecuniary loss is $20,000 or more.>
115-17 <(f) The conduct described in Subsection (b)(2)(A) of this
115-18 section is not an offense under this section if it is undertaken by
115-19 an employee of the railroad or by a representative of a labor
115-20 organization which represents or is seeking to represent the
115-21 employees of the railroad as long as the employee or representative
115-22 has a right to engage in such conduct under the Railway Labor Act
115-23 (45 U.S.C. Section 151 et seq.).>
115-24 <Sec. 28.08. INTERFERENCE WITH ANIMALS OR ANIMAL FACILITIES.
115-25 (a) In this section:>
115-26 <(1) "Animal" means any nonhuman vertebrate animal
115-27 used in agriculture, research, testing, and exhibition, education,
116-1 or food or fiber production, but does not include an animal held
116-2 primarily as a pet.>
116-3 <(2) "Animal facility" means any vehicle, building,
116-4 structure, or premises where an animal is bred or where animals or
116-5 records relating to animals are kept, handled, transported, housed,
116-6 or exhibited.>
116-7 <(3) "Tamper" means to move, alter, or interfere.>
116-8 <(4) "Notice" means:>
116-9 <(A) oral or written communication by the owner
116-10 or someone with apparent authority to act for the owner;>
116-11 <(B) fencing or other enclosure obviously
116-12 designed to exclude intruders or to contain livestock; or>
116-13 <(C) a sign or signs posted on the property or
116-14 at the entrance to the building, reasonably likely to come to the
116-15 attention of intruders, indicating that entry is forbidden.>
116-16 <(b) A person commits an offense if the person, after notice
116-17 is given and without the effective consent of the owner,
116-18 intentionally or knowingly:>
116-19 <(1) enters or remains in or on an animal facility;>
116-20 <(2) makes markings, including inscriptions, slogans,
116-21 drawings, or paintings, on an animal facility;>
116-22 <(3) tampers with an animal facility;>
116-23 <(4) damages or destroys an animal facility; or>
116-24 <(5) removes, carries away, releases, or exercises
116-25 control of an animal or property located in an animal facility.>
116-26 <(c) An offense under Subsection (b)(1) or (2) of this
116-27 section is a Class B misdemeanor unless the person causes bodily
117-1 injury to another or carries a deadly weapon on or about his person
117-2 during the commission of the offense, in which event the offense is
117-3 a Class A misdemeanor.>
117-4 <(d) An offense under Subsection (b)(3), (4), or (5) of this
117-5 section is a Class C misdemeanor unless the person causes pecuniary
117-6 loss, in which event the offense is:>
117-7 <(1) a Class B misdemeanor if the amount of pecuniary
117-8 loss is $20 or more but less than $200;>
117-9 <(2) a Class A misdemeanor if the amount of pecuniary
117-10 loss is $200 or more but less than $750;>
117-11 <(3) a felony of the third degree if the amount of
117-12 pecuniary loss is $750 or more but less than $20,000; or>
117-13 <(4) a felony of the second degree if the amount of
117-14 the pecuniary loss is $20,000 or more.>
117-15 CHAPTER 29. ROBBERY
117-16 Sec. 29.01. DEFINITIONS. In this chapter:
117-17 (1) "In the course of committing theft" means conduct
117-18 that occurs in an attempt to commit, during the commission, or in
117-19 immediate flight after the attempt or commission of theft.
117-20 (2) "Property" means:
117-21 (A) tangible or intangible personal property
117-22 including anything severed from land; or
117-23 (B) a document, including money, that represents
117-24 or embodies anything of value.
117-25 Sec. 29.02. ROBBERY. (a) A person commits an offense if,
117-26 in the course of committing theft as defined in Chapter 31 <of this
117-27 code> and with intent to obtain or maintain control of the
118-1 property, he:
118-2 (1) intentionally, knowingly, or recklessly causes
118-3 bodily injury to another; or
118-4 (2) intentionally or knowingly threatens or places
118-5 another in fear of imminent bodily injury or death.
118-6 (b) An offense under this section is a felony of the second
118-7 degree.
118-8 Sec. 29.03. AGGRAVATED ROBBERY. (a) A person commits an
118-9 offense if he commits robbery as defined in Section 29.02 <of this
118-10 code>, and he:
118-11 (1) causes serious bodily injury to another;
118-12 (2) uses or exhibits a deadly weapon; or
118-13 (3) causes bodily injury to another person or
118-14 threatens or places another person in fear of imminent bodily
118-15 injury or death, if the other person is:
118-16 (A) 65 years of age or older; or
118-17 (B) a disabled person.
118-18 (b) An offense under this section is a felony of the first
118-19 degree.
118-20 (c) In this section, "disabled person" means an individual
118-21 with a mental, physical, or developmental disability who is
118-22 substantially unable to protect himself from harm.
118-23 CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS
118-24 Sec. 30.01. Definitions. In this chapter:
118-25 (1) "Habitation" means a structure or vehicle that is
118-26 adapted for the overnight accommodation of persons, and includes:
118-27 (A) each separately secured or occupied portion
119-1 of the structure or vehicle; and
119-2 (B) each structure appurtenant to or connected
119-3 with the structure or vehicle.
119-4 (2) "Building" means any enclosed structure intended
119-5 for use or occupation as a habitation or for some purpose of trade,
119-6 manufacture, ornament, or use.
119-7 (3) "Vehicle" includes any device in, on, or by which
119-8 any person or property is or may be propelled, moved, or drawn in
119-9 the normal course of commerce or transportation, except such
119-10 devices as are classified as "habitation."
119-11 Sec. 30.02. Burglary. (a) A person commits an offense if,
119-12 without the effective consent of the owner, he:
119-13 (1) enters a habitation, or a building (or any portion
119-14 of a building) not then open to the public, with intent to commit a
119-15 felony or theft; or
119-16 (2) remains concealed, with intent to commit a felony
119-17 or theft, in a building or habitation; or
119-18 (3) enters a building or habitation and commits or
119-19 attempts to commit a felony or theft.
119-20 (b) For purposes of this section, "enter" means to intrude:
119-21 (1) any part of the body; or
119-22 (2) any physical object connected with the body.
119-23 (c) An <Except as provided in Subsection (d) of this
119-24 section, an> offense under this section is a:
119-25 (1) state jail felony if committed in a building other
119-26 than a habitation; or
119-27 (2) felony of the first <second> degree if committed
120-1 in a habitation.
120-2 <(d) An offense under this section is a felony of the first
120-3 degree if:>
120-4 <(1) the premises are a habitation; or>
120-5 <(2) any party to the offense is armed with explosives
120-6 or a deadly weapon; or>
120-7 <(3) any party to the offense injures or attempts to
120-8 injure anyone in effecting entry or while in the building or in
120-9 immediate flight from the building.>
120-10 Sec. 30.03. Burglary of Coin-Operated Or Coin Collection
120-11 Machines. (a) A person commits an offense if, without the
120-12 effective consent of the owner, he breaks or enters into any
120-13 coin-operated machine, coin collection machine, or other
120-14 coin-operated or coin collection receptacle, contrivance,
120-15 apparatus, or equipment used for the purpose of providing lawful
120-16 amusement, sales of goods, services, or other valuable things, or
120-17 telecommunications with intent to obtain property or services.
120-18 (b) For purposes of this section, "entry" includes every
120-19 kind of entry except one made with the effective consent of the
120-20 owner.
120-21 (c) An offense under this section is a Class A misdemeanor.
120-22 Sec. 30.04. Burglary of Vehicles. (a) A person commits an
120-23 offense if, without the effective consent of the owner, he breaks
120-24 into or enters a vehicle or any part of a vehicle with intent to
120-25 commit any felony or theft.
120-26 (b) For purposes of this section, "enter" means to intrude:
120-27 (1) any part of the body; or
121-1 (2) any physical object connected with the body.
121-2 (c) An offense under this section is a Class A misdemeanor
121-3 <felony of the third degree>.
121-4 Sec. 30.05. Criminal Trespass. (a) A person commits an
121-5 offense if he enters or remains on property or in a building of
121-6 another without effective consent and he:
121-7 (1) had notice that the entry was forbidden; or
121-8 (2) received notice to depart but failed to do so.
121-9 (b) For purposes of this section:
121-10 (1) "Entry" means the intrusion of the entire body.
121-11 (2) "Notice" means:
121-12 (A) oral or written communication by the owner
121-13 or someone with apparent authority to act for the owner;
121-14 (B) fencing or other enclosure obviously
121-15 designed to exclude intruders or to contain livestock;
121-16 (C) a sign or signs posted on the property or at
121-17 the entrance to the building, reasonably likely to come to the
121-18 attention of intruders, indicating that entry is forbidden; or
121-19 (D) the visible presence on the property of a
121-20 crop grown for human consumption that is under cultivation, in the
121-21 process of being harvested, or marketable if harvested at the time
121-22 of entry.
121-23 (3) "Shelter center" has the meaning assigned by
121-24 Section 51.002(1), Human Resources Code.
121-25 (c) It is a defense to prosecution under this section that
121-26 the actor at the time of the offense was a fire fighter or
121-27 emergency medical services personnel, as that term is defined by
122-1 Section 773.003, Health and Safety Code, acting in the lawful
122-2 discharge of an official duty under exigent circumstances.
122-3 (d) An offense under this section is a Class B misdemeanor
122-4 unless it is committed in a habitation or a shelter center or
122-5 unless the actor carries a deadly weapon on or about his person
122-6 during the commission of the offense, in which event it is a Class
122-7 A misdemeanor.
122-8 CHAPTER 31. THEFT
122-9 Sec. 31.01. Definitions. In this chapter:
122-10 (1) "Coercion" means a threat, however communicated:
122-11 (A) to commit an offense;
122-12 (B) to inflict bodily injury in the future on
122-13 the person threatened or another;
122-14 (C) to accuse a person of any offense; or
122-15 (D) to expose a person to hatred, contempt, or
122-16 ridicule;
122-17 (E) to harm the credit or business repute of any
122-18 person; or
122-19 (F) to take or withhold action as a public
122-20 servant, or to cause a public servant to take or withhold action.
122-21 (2) "Deception" means:
122-22 (A) creating or confirming by words or conduct a
122-23 false impression of law or fact that is likely to affect the
122-24 judgment of another in the transaction, and that the actor does not
122-25 believe to be true;
122-26 (B) failing to correct a false impression of law
122-27 or fact that is likely to affect the judgment of another in the
123-1 transaction, that the actor previously created or confirmed by
123-2 words or conduct, and that the actor does not now believe to be
123-3 true;
123-4 (C) preventing another from acquiring
123-5 information likely to affect his judgment in the transaction;
123-6 (D) selling or otherwise transferring or
123-7 encumbering property without disclosing a lien, security interest,
123-8 adverse claim, or other legal impediment to the enjoyment of the
123-9 property, whether the lien, security interest, claim, or impediment
123-10 is or is not valid, or is or is not a matter of official record; or
123-11 (E) promising performance that is likely to
123-12 affect the judgment of another in the transaction and that the
123-13 actor does not intend to perform or knows will not be performed,
123-14 except that failure to perform the promise in issue without other
123-15 evidence of intent or knowledge is not sufficient proof that the
123-16 actor did not intend to perform or knew the promise would not be
123-17 performed.
123-18 (3) "Deprive" means:
123-19 (A) to withhold property from the owner
123-20 permanently or for so extended a period of time that a major
123-21 portion of the value or enjoyment of the property is lost to the
123-22 owner;
123-23 (B) to restore property only upon payment of
123-24 reward or other compensation; or
123-25 (C) to dispose of property in a manner that
123-26 makes recovery of the property by the owner unlikely.
123-27 (4) "Effective consent" includes consent by a person
124-1 legally authorized to act for the owner. Consent is not effective
124-2 if:
124-3 (A) induced by deception or coercion;
124-4 (B) given by a person the actor knows is not
124-5 legally authorized to act for the owner;
124-6 (C) given by a person who by reason of youth,
124-7 mental disease or defect, or intoxication is known by the actor to
124-8 be unable to make reasonable property dispositions; or
124-9 (D) given solely to detect the commission of an
124-10 offense.
124-11 (5) "Appropriate" means:
124-12 (A) to bring about a transfer or purported
124-13 transfer of title to or other nonpossessory interest in property,
124-14 whether to the actor or another; or
124-15 (B) to acquire or otherwise exercise control
124-16 over property other than real property.
124-17 (6) "Property" means:
124-18 (A) real property;
124-19 (B) tangible or intangible personal property
124-20 including anything severed from land; or
124-21 (C) a document, including money, that represents
124-22 or embodies anything of value.
124-23 (7) "Service" includes:
124-24 (A) labor and professional service;
124-25 (B) telecommunication, cable television,
124-26 subscription television, public utility, or <and> transportation
124-27 service;
125-1 (C) lodging, restaurant service, and
125-2 entertainment; and
125-3 (D) the supply of a motor vehicle or other
125-4 property for use.
125-5 (8) "Steal" means to acquire property or service by
125-6 theft.
125-7 (9) "Certificate of title" has the meaning assigned by
125-8 Section 24, Certificate of Title Act (Article 6687-1, Vernon's
125-9 Texas Civil Statutes).
125-10 (10) "Used or secondhand motor vehicle" means a used
125-11 car, as that term is defined by Section 10, Certificate of Title
125-12 Act (Article 6687-1, Vernon's Texas Civil Statutes).
125-13 (11) "Cable television service" means a service
125-14 provided by or through a facility of a cable television system or a
125-15 closed circuit coaxial cable communication system or a microwave or
125-16 similar transmission service used in connection with a cable
125-17 television system.
125-18 (12) "Subscription television service" means a service
125-19 whereby television broadcast programs intended to be received in an
125-20 intelligible form by members of the public only for a fee or charge
125-21 are transmitted pursuant to the grant of subscription television
125-22 authority by the Federal Communications Commission. The term does
125-23 not include cable television service or community antenna
125-24 television service.
125-25 Sec. 31.02. Consolidation of Theft Offenses. Theft as
125-26 defined in Section 31.03 <of this code> constitutes a single
125-27 offense superseding the separate offenses previously known as
126-1 theft, theft by false pretext, conversion by a bailee, theft from
126-2 the person, shoplifting, acquisition of property by threat,
126-3 swindling, swindling by worthless check, embezzlement, extortion,
126-4 receiving or concealing embezzled property, and receiving or
126-5 concealing stolen property.
126-6 Sec. 31.03. Theft. (a) A person commits an offense if he
126-7 unlawfully appropriates property with intent to deprive the owner
126-8 of property.
126-9 (b) Appropriation of property is unlawful if:
126-10 (1) it is without the owner's effective consent;
126-11 (2) the property is stolen and the actor appropriates
126-12 the property knowing it was stolen by another; or
126-13 (3) property in the custody of any law enforcement
126-14 agency was explicitly represented by any law enforcement agent to
126-15 the actor as being stolen and the actor appropriates the property
126-16 believing it was stolen by another.
126-17 (c) For purposes of Subsection (b) <of this section>:
126-18 (1) evidence that the actor has previously
126-19 participated in recent transactions other than, but similar to,
126-20 that which the prosecution is based is admissible for the purpose
126-21 of showing knowledge or intent and the issues of knowledge or
126-22 intent are raised by the actor's plea of not guilty;
126-23 (2) the testimony of an accomplice shall be
126-24 corroborated by proof that tends to connect the actor to the crime,
126-25 but the actor's knowledge or intent may be established by the
126-26 uncorroborated testimony of the accomplice;
126-27 (3) an actor engaged in the business of buying and
127-1 selling used or secondhand personal property, or lending money on
127-2 the security of personal property deposited with him, is presumed
127-3 to know upon receipt by the actor of stolen property (other than a
127-4 motor vehicle subject to Article 6687-1, Vernon's Texas Civil
127-5 Statutes) that the property has been previously stolen from another
127-6 if the actor pays for or loans against the property $25 or more (or
127-7 consideration of equivalent value) and the actor knowingly or
127-8 recklessly:
127-9 (A) fails to record the name, address, and
127-10 physical description or identification number of the seller or
127-11 pledgor;
127-12 (B) fails to record a complete description of
127-13 the property, including the serial number, if reasonably available,
127-14 or other identifying characteristics; or
127-15 (C) fails to obtain a signed warranty from the
127-16 seller or pledgor that the seller or pledgor has the right to
127-17 possess the property. It is the express intent of this provision
127-18 that the presumption arises unless the actor complies with each of
127-19 the numbered requirements;
127-20 (4) for the purposes of Subdivision (3)(A) <of this
127-21 subsection>, "identification number" means driver's license number,
127-22 military identification number, identification certificate, or
127-23 other official number capable of identifying an individual;
127-24 (5) stolen property does not lose its character as
127-25 stolen when recovered by any law enforcement agency;
127-26 (6) an actor engaged in the business of obtaining
127-27 abandoned or wrecked motor vehicles or parts of an abandoned or
128-1 wrecked motor vehicle for resale, disposal, scrap, repair,
128-2 rebuilding, demolition, or other form of salvage is presumed to
128-3 know on receipt by the actor of stolen property that the property
128-4 has been previously stolen from another if the actor knowingly or
128-5 recklessly:
128-6 (A) fails to maintain an accurate and legible
128-7 inventory of each <major> motor vehicle component part purchased by
128-8 or delivered to the actor, including the date of purchase or
128-9 delivery, the name, age, address, sex, and driver's license number
128-10 of the seller or person making the delivery, the license plate
128-11 number of the motor vehicle in which the part was delivered, a
128-12 complete description of the part, and the vehicle identification
128-13 number of the motor vehicle from which the part was removed, or in
128-14 lieu of maintaining an inventory, fails to record the name and
128-15 certificate of inventory number of the person who dismantled the
128-16 motor vehicle from which the part was obtained;
128-17 (B) fails on receipt of a motor vehicle to
128-18 obtain a certificate of authority, sales receipt, or transfer
128-19 document as required by Article V, Section 1, Chapter 741, Acts of
128-20 the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
128-21 Vernon's Texas Civil Statutes), or a certificate of title showing
128-22 that the motor vehicle is not subject to a lien or that all
128-23 recorded liens on the motor vehicle have been released; or
128-24 (C) fails on receipt of a motor vehicle to
128-25 immediately remove an unexpired license plate from the motor
128-26 vehicle, to keep the plate in a secure and locked place, or to
128-27 maintain an inventory, on forms provided by the Texas <State>
129-1 Department of <Highways and Public> Transportation, of license
129-2 plates kept under this paragraph, including for each plate or set
129-3 of plates the license plate number and the make, motor number, and
129-4 vehicle identification number of the motor vehicle from which the
129-5 plate was removed; and
129-6 (7) an actor who purchases or receives a used or
129-7 secondhand motor vehicle is presumed to know on receipt by the
129-8 actor of the motor vehicle that the motor vehicle has been
129-9 previously stolen from another if the actor knowingly or
129-10 recklessly:
129-11 (A) fails to report to the Texas <State>
129-12 Department of <Highways and Public> Transportation the failure of
129-13 the person who sold or delivered the motor vehicle to the actor to
129-14 deliver to the actor a properly executed certificate of title to
129-15 the motor vehicle at the time the motor vehicle was delivered; or
129-16 (B) fails to file with the county tax
129-17 assessor-collector of the county in which the actor received the
129-18 motor vehicle, not later than the 20th day after the date the actor
129-19 received the motor vehicle, the registration license receipt and
129-20 certificate of title or evidence of title delivered to the actor in
129-21 accordance with Section 2, Chapter 364, Acts of the 50th
129-22 Legislature, Regular Session, 1947 (Article 6687-6, Vernon's Texas
129-23 Civil Statutes), at the time the motor vehicle was delivered<; and>
129-24 <(8) an actor who possesses a shopping cart, laundry
129-25 cart, or container that has a name or mark and is not on the
129-26 premises of the owner or an adjacent parking area is presumed to
129-27 have appropriated property without the owner's effective consent>.
130-1 (d) It is not a defense to prosecution under this section
130-2 that:
130-3 (1) the offense occurred as a result of a deception or
130-4 strategy on the part of a law enforcement agency, including the use
130-5 of an undercover operative or peace officer;
130-6 (2) the actor was provided by a law enforcement agency
130-7 with a facility in which to commit the offense or an opportunity to
130-8 engage in conduct constituting the offense; or
130-9 (3) the actor was solicited to commit the offense by a
130-10 peace officer, and the solicitation was of a type that would
130-11 encourage a person predisposed to commit the offense to actually
130-12 commit the offense, but would not encourage a person not
130-13 predisposed to commit the offense to actually commit the offense.
130-14 (e) Except as provided by Subsection (f) <of this section>,
130-15 an offense under this section is:
130-16 (1) a Class C misdemeanor if the value of the property
130-17 stolen is less than $20;
130-18 (2) a Class B misdemeanor if:
130-19 (A) the value of the property stolen is $20 or
130-20 more but less than $500 <$200>; or
130-21 (B) the value of the property stolen is less
130-22 than $20 and the defendant has previously been convicted of any
130-23 grade of theft;
130-24 (3) a Class A misdemeanor if<:>
130-25 <(A)> the value of the property stolen is $500
130-26 <$200> or more but less than $1,500 <$750; or>
130-27 <(B) the property stolen is one firearm, as
131-1 defined by Section 46.01 of this code, and is valued at less than
131-2 $400>;
131-3 (4) a state jail felony <of the third degree> if:
131-4 (A) the value of the property stolen is $1,500
131-5 <$750> or more but less than $20,000, or the property is one or
131-6 more head of cattle, horses, sheep, swine, or goats or any part
131-7 thereof under the value of $20,000;
131-8 (B) regardless of value, the property is stolen
131-9 from the person of another or from a human corpse or grave;
131-10 (C) the property stolen is a <one> firearm, as
131-11 defined by Section 46.01 <of this code, and is valued at more than
131-12 $400>; or
131-13 (D) <the property stolen is two or more
131-14 firearms, as defined by Section 46.01 of this code; or>
131-15 <(E)> the value of the property stolen is less
131-16 than $1,500 <$750> and the defendant has been previously convicted
131-17 two or more times of any grade of theft;
131-18 (5) a felony of the third <second> degree if<:>
131-19 <(A) the value of the property stolen is less
131-20 than $100,000 and the property is:>
131-21 <(i) combustible hydrocarbon natural or
131-22 synthetic natural gas, or crude petroleum oil;>
131-23 <(ii) equipment designed for use in
131-24 exploration for or production of natural gas or crude petroleum
131-25 oil; or>
131-26 <(iii) equipment designed for use in
131-27 remedial or diagnostic operations on gas or crude petroleum oil
132-1 wells;>
132-2 <(B)> the value of the property stolen is
132-3 $20,000 or more but less than $100,000; <or>
132-4 <(C) the value of the property is less than
132-5 $100,000 and the property was unlawfully appropriated or attempted
132-6 to be unlawfully appropriated by threat to commit a felony offense
132-7 against the person or property of the person threatened or another
132-8 or to withhold information about the location or purported location
132-9 of a bomb, poison, or other harmful object that threatens to harm
132-10 the person or property of the person threatened or another person;
132-11 or>
132-12 (6) a felony of the second <first> degree if<:>
132-13 <(A)> the value of the property stolen is
132-14 $100,000 or more but less than $200,000; or
132-15 (7) a felony of the first degree if the value of the
132-16 property stolen is $200,000 or more <(B) the value of the property
132-17 is $100,000 or more and the property was unlawfully appropriated or
132-18 attempted to be unlawfully appropriated in the manner described by
132-19 Subdivision (5)(C) of this subsection>.
132-20 (f) An offense described for purposes of punishment by
132-21 Subsections <Subsection> (e)(1)-(6) <of this section> is increased
132-22 to the next higher category of offense if it is shown on the trial
132-23 of the offense that:
132-24 (1) the actor was a public servant at the time of the
132-25 offense; and
132-26 (2) the property appropriated came into the actor's
132-27 custody, possession, or control by virtue of his status as a public
133-1 servant.
133-2 <(g) For the purposes of Subsection (c)(8) of this section,
133-3 "shopping cart," "laundry cart," "container," and "name or mark"
133-4 have the respective meanings assigned by Section 17.31, Business &
133-5 Commerce Code.>
133-6 Sec. 31.04. Theft of Service. (a) A person commits theft
133-7 of service if, with intent to avoid payment for service that he
133-8 knows is provided only for compensation:
133-9 (1) he intentionally or knowingly secures performance
133-10 of the service by deception, threat, or false token;
133-11 (2) having control over the disposition of services of
133-12 another to which he is not entitled, he intentionally or knowingly
133-13 diverts the other's services to his own benefit or to the benefit
133-14 of another not entitled to them; or
133-15 (3) having control of personal property under a
133-16 written rental agreement, he holds the property beyond the
133-17 expiration of the rental period without the effective consent of
133-18 the owner of the property, thereby depriving the owner of the
133-19 property of its use in further rentals.
133-20 (b) For purposes of this section, intent to avoid payment is
133-21 presumed if:
133-22 (1) the actor absconded without paying for the service
133-23 in circumstances where payment is ordinarily made immediately upon
133-24 rendering of the service, as in hotels, restaurants, and comparable
133-25 establishments;
133-26 (2) the actor failed to return the property held under
133-27 a rental agreement within 10 days after receiving notice demanding
134-1 return; or
134-2 (3) the actor returns property held under a rental
134-3 agreement after the expiration of the rental agreement and fails to
134-4 pay the applicable rental charge for the property within 10 days
134-5 after the date on which the actor received notice demanding
134-6 payment.
134-7 (c) For purposes of Subsection (b)(2) <of this section>,
134-8 notice shall be notice in writing, sent by registered or certified
134-9 mail with return receipt requested or by telegram with report of
134-10 delivery requested, and addressed to the actor at his address shown
134-11 on the rental agreement.
134-12 (d) If written notice is given in accordance with Subsection
134-13 (c) <of this section>, it is presumed that the notice was received
134-14 no later than five days after it was sent.
134-15 (e) An offense under this section is:
134-16 (1) a Class C misdemeanor if the value of the service
134-17 stolen is less than $20;
134-18 (2) a Class B misdemeanor if the value of the service
134-19 stolen is $20 or more but less than $500 <$200>;
134-20 (3) a Class A misdemeanor if the value of the service
134-21 stolen is $500 <$200> or more but less than $1,500 <$750>;
134-22 (4) a state jail felony <of the third degree> if the
134-23 value of the service stolen is $1,500 <$750> or more but less than
134-24 $20,000;
134-25 (5) a felony of the third <second> degree if the value
134-26 of the service stolen is $20,000 or more but less than $100,000;
134-27 (6) a felony of the second degree if the value of the
135-1 service stolen is $100,000 or more but less than $200,000; or
135-2 (7) a felony of the first degree if the value of the
135-3 service stolen is $200,000 or more.
135-4 Sec. 31.05. Theft of Trade Secrets. (a) For purposes of
135-5 this section:
135-6 (1) "Article" means any object, material, device, or
135-7 substance or any copy thereof, including a writing, recording,
135-8 drawing, sample, specimen, prototype, model, photograph,
135-9 microorganism, blueprint, or map.
135-10 (2) "Copy" means a facsimile, replica, photograph, or
135-11 other reproduction of an article or a note, drawing, or sketch made
135-12 of or from an article.
135-13 (3) "Representing" means describing, depicting,
135-14 containing, constituting, reflecting, or recording.
135-15 (4) "Trade secret" means the whole or any part of any
135-16 scientific or technical information, design, process, procedure,
135-17 formula, or improvement that has value and that the owner has taken
135-18 measures to prevent from becoming available to persons other than
135-19 those selected by the owner to have access for limited purposes.
135-20 (b) A person commits an offense if, without the owner's
135-21 effective consent, he knowingly:
135-22 (1) steals a trade secret;
135-23 (2) makes a copy of an article representing a trade
135-24 secret; or
135-25 (3) communicates or transmits a trade secret.
135-26 (c) An offense under this section is a felony of the third
135-27 degree.
136-1 Sec. 31.06. Presumption for Theft by Check. (a) If the
136-2 actor obtained property or secured performance of service by
136-3 issuing or passing a check or similar sight order for the payment
136-4 of money, when the issuer did not have sufficient funds in or on
136-5 deposit with the bank or other drawee for the payment in full of
136-6 the check or order as well as all other checks or orders then
136-7 outstanding, his intent to deprive the owner of property under
136-8 Section 31.03 <of this code> (Theft) or to avoid payment for
136-9 service under Section 31.04 <of this code> (Theft of Service) is
136-10 presumed (except in the case of a postdated check or order) if:
136-11 (1) he had no account with the bank or other drawee at
136-12 the time he issued the check or order; or
136-13 (2) payment was refused by the bank or other drawee
136-14 for lack of funds or insufficient funds, on presentation within 30
136-15 days after issue, and the issuer failed to pay the holder in full
136-16 within 10 days after receiving notice of that refusal.
136-17 (b) For purposes of Subsection (a)(2) <of this section>,
136-18 notice may be actual notice or notice in writing, sent by
136-19 registered or certified mail with return receipt requested or by
136-20 telegram with report of delivery requested, and addressed to the
136-21 issuer at his address shown on:
136-22 (1) the check or order;
136-23 (2) the records of the bank or other drawee; or
136-24 (3) the records of the person to whom the check or
136-25 order has been issued or passed.
136-26 (c) If written notice is given in accordance with Subsection
136-27 (b) <of this section>, it is presumed that the notice was received
137-1 no later than five days after it was sent.
137-2 (d) Nothing in this section prevents the prosecution from
137-3 establishing the requisite intent by direct evidence.
137-4 (e) Partial restitution does not preclude the presumption of
137-5 the requisite intent under this section.
137-6 Sec. 31.07. Unauthorized Use of a Vehicle. (a) A person
137-7 commits an offense if he intentionally or knowingly operates
137-8 another's boat, airplane, or motor-propelled vehicle without the
137-9 effective consent of the owner.
137-10 (b) An offense under this section is a state jail felony <of
137-11 the third degree>.
137-12 Sec. 31.08. Value. (a) Subject to the additional criteria
137-13 of Subsections (b) and (c) <of this section>, value under this
137-14 chapter is:
137-15 (1) the fair market value of the property or service
137-16 at the time and place of the offense; or
137-17 (2) if the fair market value of the property cannot be
137-18 ascertained, the cost of replacing the property within a reasonable
137-19 time after the theft.
137-20 (b) The value of documents, other than those having a
137-21 readily ascertainable market value, is:
137-22 (1) the amount due and collectible at maturity less
137-23 that part which has been satisfied, if the document constitutes
137-24 evidence of a debt; or
137-25 (2) the greatest amount of economic loss that the
137-26 owner might reasonably suffer by virtue of loss of the document, if
137-27 the document is other than evidence of a debt.
138-1 (c) Except as otherwise provided by this subsection, if <If>
138-2 property or service has value that cannot be reasonably ascertained
138-3 by the criteria set forth in Subsections (a) and (b) <of this
138-4 section>, the property or service is deemed to have a value of $500
138-5 or more <than $200> but less than $1,500. If the service is cable
138-6 television service or subscription television service, the service
138-7 is deemed to have a value of $50 or more but less than $500, unless
138-8 proof exists of a greater value <$750>.
138-9 (d) If the actor proves by a preponderance of the evidence
138-10 that he gave consideration for or had a legal interest in the
138-11 property or service stolen, the amount of the consideration or the
138-12 value of the interest so proven shall be deducted from the value of
138-13 the property or service ascertained under Subsection (a), (b), or
138-14 (c) <of this section> to determine value for purposes of this
138-15 chapter.
138-16 Sec. 31.09. Aggregation of Amounts Involved in Theft. When
138-17 amounts are obtained in violation of this chapter pursuant to one
138-18 scheme or continuing course of conduct, whether from the same or
138-19 several sources, the conduct may be considered as one offense and
138-20 the amounts aggregated in determining the grade of the offense.
138-21 Sec. 31.10. Actor's Interest in Property. It is no defense
138-22 to prosecution under this chapter that the actor has an interest in
138-23 the property or service stolen if another person has the right of
138-24 exclusive possession of the property.
138-25 Sec. 31.11. Tampering With Identification Numbers. (a) A
138-26 person commits an offense if the person:
138-27 (1) knowingly or intentionally removes, alters, or
139-1 obliterates the serial number or other permanent identification
139-2 marking on tangible personal property; or
139-3 (2) possesses, sells, or offers for sale tangible
139-4 personal property and:
139-5 (A) the actor knows that the serial number or
139-6 other permanent identification marking has been removed, altered,
139-7 or obliterated; or
139-8 (B) a reasonable person in the position of the
139-9 actor would have known that the serial number or other permanent
139-10 identification marking has been removed, altered, or obliterated.
139-11 (b) It is an affirmative defense to prosecution under this
139-12 section that the person was:
139-13 (1) the owner or acting with the effective consent of
139-14 the owner of the property involved <and the item of property is not
139-15 property listed in Subsection (e) of this section>;
139-16 (2) a peace officer acting in the actual discharge of
139-17 official duties; or
139-18 (3) acting with respect to a number assigned to a
139-19 vehicle by the Texas <State> Department of <Highways and Public>
139-20 Transportation and the person was:
139-21 (A) in the actual discharge of official duties
139-22 as an employee or agent of the department; or
139-23 (B) in full compliance with the rules of the
139-24 department as an applicant for an assigned number approved by the
139-25 department.
139-26 (c) Property involved in a violation of this section may be
139-27 treated as stolen for purposes of custody and disposition of the
140-1 property.
140-2 (d) An <Except as provided by Subsection (e) of this
140-3 section, an> offense under this section is a Class A misdemeanor.
140-4 (e) <An offense under this section is a felony of the third
140-5 degree if the property involved is:>
140-6 <(1) equipment designed for exploration or production
140-7 of natural gas or crude oil;>
140-8 <(2) equipment designed for remedial or diagnostic
140-9 operations on gas or crude oil wells;>
140-10 <(3) a vehicle or part of a vehicle;>
140-11 <(4) a tractor, farm implement, unit of special mobile
140-12 equipment, or a unit of off-road construction equipment not subject
140-13 to the Certificate of Title Act (Article 6687-1, Vernon's Texas
140-14 Civil Statutes);>
140-15 <(5) an aircraft, boat, or part of an aircraft or
140-16 boat; or>
140-17 <(6) a firearm or part of a firearm.>
140-18 <(f)> In this section, "vehicle" has the meaning given by
140-19 Section 2, Uniform Act Regulating Traffic on Highways (Article
140-20 6701d, Vernon's Texas Civil Statutes).
140-21 <Sec. 31.12. UNAUTHORIZED USE OF TELEVISION DECODING AND
140-22 INTERCEPTION DEVICE OR CABLE DESCRAMBLING, DECODING, OR
140-23 INTERCEPTION DEVICE. (a) A person commits an offense if, with the
140-24 intent to intercept and decode a transmission by a subscription
140-25 television service without the authorization of the provider of the
140-26 service, the person intentionally or knowingly attaches to, causes
140-27 to be attached to, or incorporates in a television set, video tape
141-1 recorder, or other equipment designed to receive a television
141-2 transmission a device that intercepts and decodes the transmission.>
141-3 <(b) A person commits an offense if, with the intent to
141-4 intercept, descramble, or decode a cable television service and
141-5 without the authorization of the provider of the service, the
141-6 person intentionally or knowingly:>
141-7 <(1) physically, electrically, electronically,
141-8 acoustically, or inductively makes or maintains an unauthorized
141-9 cable connection or otherwise intercepts cable television service;>
141-10 <(2) attaches to, causes to be attached to, maintains
141-11 an attachment to, or incorporates in a television set, video tape
141-12 recorder, other equipment designed to receive a television
141-13 transmission, or equipment of a cable television company a device
141-14 that intercepts, descrambles, or decodes the service; or>
141-15 <(3) tampers with, changes, or modifies the equipment
141-16 of a cable television company.>
141-17 <(c) In this section:>
141-18 <(1) "Cable television service" means a service
141-19 provided by or through a facility of a cable television system,
141-20 closed circuit coaxial cable communication system, or microwave or
141-21 similar transmission service used in connection with a cable
141-22 television system.>
141-23 <(2) "Device" means a device other than a nondecoding
141-24 or nondescrambling channel frequency converter or television
141-25 receiver type-accepted by the Federal Communications Commission.>
141-26 <(3) "Subscription television service" means a service
141-27 whereby television broadcast programs intended to be received in an
142-1 intelligible form by members of the public only for a fee or charge
142-2 are transmitted pursuant to the grant of subscription television
142-3 authority by the Federal Communications Commission. The term shall
142-4 not include cable television service or community antenna
142-5 television service.>
142-6 <(d) If an unauthorized device designed to intercept,
142-7 descramble, or decode a subscription television transmission or if
142-8 an unauthorized device designed to intercept, descramble, or decode
142-9 a cable television service is present on the premises or property
142-10 occupied and used by a person, it is presumed that the person
142-11 intentionally or knowingly used the device to intercept,
142-12 descramble, or decode a transmission or a service. If an
142-13 unauthorized cable connection is present on the premises or
142-14 property occupied and used by a person, it is presumed that the
142-15 person intentionally or knowingly used the connection to intercept
142-16 cable television service. If equipment of a cable television
142-17 company that has been tampered with, changed, or modified is
142-18 present on the premises or property occupied and used by a person,
142-19 it is presumed that the person intentionally or knowingly used the
142-20 equipment to intercept, descramble, or decode a cable television
142-21 service.>
142-22 <(e) The presumptions created by Subsection (d) of this
142-23 section do not apply if the person accused shows by a preponderance
142-24 of the evidence that the presence of the unauthorized device or
142-25 connection, or the tampering, change, or modification of the
142-26 equipment of the cable television company, may be attributed to the
142-27 conduct of another.>
143-1 <(f) The presumptions created by Subsection (d) of this
143-2 section do not apply to a telecommunications company that provides
143-3 local or long distance communications services and uses equipment
143-4 described by that subsection in the normal course of its business.>
143-5 <(g) This section does not prohibit the manufacture,
143-6 distribution, sale, or use of satellite receiving antennas that are
143-7 otherwise permitted by state or federal law.>
143-8 <(h) An offense under this section is a Class B misdemeanor
143-9 unless the actor committed the offense for remuneration, in which
143-10 event it is a Class A misdemeanor.>
143-11 <Sec. 31.13. MANUFACTURE, SALE, OR DISTRIBUTION OF
143-12 TELEVISION DECODING AND INTERCEPTION DEVICE OR CABLE DESCRAMBLING,
143-13 DECODING, OR INTERCEPTION DEVICE. (a) A person commits an offense
143-14 if the person for remuneration intentionally or knowingly
143-15 manufactures, distributes, or sells, with an intent to aid an
143-16 offense under Section 31.12 of this code, a device or a plan or
143-17 part for a device that intercepts and decodes a transmission by a
143-18 subscription television service or that intercepts, descrambles, or
143-19 decodes a cable television service.>
143-20 <(b) In this section, "cable television service," "device,"
143-21 and "subscription television service" have the meanings assigned by
143-22 Section 31.12 of this code.>
143-23 <(c) This section does not prohibit the manufacture,
143-24 distribution, sale, or use of satellite receiving antennas that are
143-25 otherwise permitted by state or federal law.>
143-26 <(d) An offense under this section is a Class A
143-27 misdemeanor.>
144-1 CHAPTER 32. FRAUD
144-2 SUBCHAPTER A. GENERAL PROVISIONS
144-3 Sec. 32.01. Definitions. In this chapter:
144-4 (1) "Financial institution" means a bank, trust
144-5 company, insurance company, credit union, building and loan
144-6 association, savings and loan association, investment trust,
144-7 investment company, or any other organization held out to the
144-8 public as a place for deposit of funds or medium of savings or
144-9 collective investment.
144-10 (2) "Property" means:
144-11 (A) real property;
144-12 (B) tangible or intangible personal property
144-13 including anything severed from land; or
144-14 (C) a document, including money, that represents
144-15 or embodies anything of value.
144-16 (3) "Service" includes:
144-17 (A) labor and professional service;
144-18 (B) telecommunication, public utility, and
144-19 transportation service;
144-20 (C) lodging, restaurant service, and
144-21 entertainment; and
144-22 (D) the supply of a motor vehicle or other
144-23 property for use.
144-24 (4) "Steal" means to acquire property or service by
144-25 theft.
144-26 Sec. 32.02. Value. (a) Subject to the additional criteria
144-27 of Subsections (b) and (c) <of this section>, value under this
145-1 chapter is:
145-2 (1) the fair market value of the property or service
145-3 at the time and place of the offense; or
145-4 (2) if the fair market value of the property cannot be
145-5 ascertained, the cost of replacing the property within a reasonable
145-6 time after the offense.
145-7 (b) The value of documents, other than those having a
145-8 readily ascertainable market value, is:
145-9 (1) the amount due and collectible at maturity less
145-10 any part that has been satisfied, if the document constitutes
145-11 evidence of a debt; or
145-12 (2) the greatest amount of economic loss that the
145-13 owner might reasonably suffer by virtue of loss of the document, if
145-14 the document is other than evidence of a debt.
145-15 (c) If property or service has value that cannot be
145-16 reasonably ascertained by the criteria set forth in Subsections (a)
145-17 and (b) <of this section>, the property or service is deemed to
145-18 have a value of $500 or more <than $20> but less than $1,500
145-19 <$200>.
145-20 (d) If the actor proves by a preponderance of the evidence
145-21 that he gave consideration for or had a legal interest in the
145-22 property or service stolen, the amount of the consideration or the
145-23 value of the interest so proven shall be deducted from the value of
145-24 the property or service ascertained under Subsection (a), (b), or
145-25 (c) <of this section> to determine value for purposes of this
145-26 chapter.
145-27 Sec. 32.03. Aggregation of Amounts Involved in Fraud. When
146-1 amounts are obtained in violation of this chapter pursuant to one
146-2 scheme or continuing course of conduct, whether from the same or
146-3 several sources, the conduct may be considered as one offense and
146-4 the amounts aggregated in determining the grade of offense.
146-5 (Sections 32.04 to 32.20 <are> reserved for expansion)
146-6 SUBCHAPTER B. FORGERY
146-7 Sec. 32.21. Forgery. (a) For purposes of this section:
146-8 (1) "Forge" means:
146-9 (A) to alter, make, complete, execute, or
146-10 authenticate any writing so that it purports:
146-11 (i) to be the act of another who did not
146-12 authorize that act;
146-13 (ii) to have been executed at a time or
146-14 place or in a numbered sequence other than was in fact the case; or
146-15 (iii) to be a copy of an original when no
146-16 such original existed;
146-17 (B) to issue, transfer, register the transfer
146-18 of, pass, publish, or otherwise utter a writing that is forged
146-19 within the meaning of Paragraph (A) <of this subdivision>; or
146-20 (C) to possess a writing that is forged within
146-21 the meaning of Paragraph (A) with intent to utter it in a manner
146-22 specified in Paragraph (B) <of this subdivision>.
146-23 (2) "Writing" includes:
146-24 (A) printing or any other method of recording
146-25 information;
146-26 (B) money, coins, tokens, stamps, seals, credit
146-27 cards, badges, and trademarks; and
147-1 (C) symbols of value, right, privilege, or
147-2 identification.
147-3 (b) A person commits an offense if he forges a writing with
147-4 intent to defraud or harm another.
147-5 (c) Except as provided in Subsections (d) and (e) <of this
147-6 section> an offense under this section is a Class A misdemeanor.
147-7 (d) An offense under this section is a state jail felony <of
147-8 the third degree> if the writing is or purports to be a will,
147-9 codicil, deed, deed of trust, mortgage, security instrument,
147-10 security agreement, credit card, check or similar sight order for
147-11 payment of money, contract, release, or other commercial
147-12 instrument.
147-13 (e) An offense under this section is a felony of the third
147-14 <second> degree if the writing is or purports to be:
147-15 (1) part of an issue of money, securities, postage or
147-16 revenue stamps;
147-17 (2) a government record listed in Section 37.01(1)(C)
147-18 <of this code>; or
147-19 (3) other instruments issued by a state or national
147-20 government or by a subdivision of either, or part of an issue of
147-21 stock, bonds, or other instruments representing interests in or
147-22 claims against another person.
147-23 (f) A person is presumed to intend to defraud or harm
147-24 another if the person acts with respect to two or more writings of
147-25 the same type and if each writing is a government record listed in
147-26 Section 37.01(1)(C) <of this code>.
147-27 Sec. 32.22. CRIMINAL SIMULATION. (a) A person commits an
148-1 offense if, with intent to defraud or harm another:
148-2 (1) he makes or alters an object, in whole or in part,
148-3 so that it appears to have value because of age, antiquity, rarity,
148-4 source, or authorship that it does not have;
148-5 (2) <he sells, passes, or otherwise utters an object
148-6 so made or altered;>
148-7 <(3)> he possesses an object so made or altered, with
148-8 intent to sell, pass, or otherwise utter it; or
148-9 (3) <(4)> he authenticates or certifies an object so
148-10 made or altered as genuine or as different from what it is.
148-11 (b) An offense under this section is a Class A misdemeanor.
148-12 (Sections 32.23 to 32.30 <are> reserved for expansion)
148-13 SUBCHAPTER C. CREDIT
148-14 Sec. 32.31. CREDIT CARD OR DEBIT CARD ABUSE. (a) For
148-15 purposes of this section:
148-16 (1) "Cardholder" means the person named on the face of
148-17 a credit card or debit card to whom or for whose benefit the
148-18 <credit> card is issued.
148-19 (2) "Credit card" means an identification card, plate,
148-20 coupon, book, number, or any other device authorizing a designated
148-21 person or bearer to obtain property or services on credit. The
148-22 term <It> includes the number or description of the device if the
148-23 device itself is not produced at the time of ordering or obtaining
148-24 the property or service.
148-25 (3) "Expired credit card" means a credit card bearing
148-26 an expiration date after that date has passed.
148-27 (4) "Debit card" means an identification card, plate,
149-1 coupon, book, number, or any other device authorizing a designated
149-2 person or bearer to communicate a request to an unmanned teller
149-3 machine or a customer convenience terminal. The term includes the
149-4 number or description of the device if the device itself is not
149-5 produced at the time of ordering or obtaining the benefit.
149-6 (5) "Expired debit card" means a debit card bearing as
149-7 its expiration date a date that has passed.
149-8 (6) "Unmanned teller machine" means a machine, other
149-9 than a telephone, capable of being operated by a customer, by which
149-10 a customer may communicate to a financial institution a request to
149-11 withdraw a benefit for himself or for another directly from the
149-12 customer's account or from the customer's account under a line of
149-13 credit previously authorized by the institution for the customer.
149-14 (7) "Customer convenience terminal" means an unmanned
149-15 teller machine the use of which does not involve personnel of a
149-16 financial institution.
149-17 (b) A person commits an offense if:
149-18 (1) with intent to obtain a benefit <property or
149-19 service> fraudulently, he presents or uses a credit card or debit
149-20 card with knowledge that:
149-21 (A) the card, whether or not expired, has not
149-22 been issued to him and is not used with the effective consent of
149-23 the cardholder; or
149-24 (B) the card has expired or has been revoked or
149-25 cancelled;
149-26 (2) with intent to obtain a benefit <property or
149-27 service>, he uses a fictitious credit card or debit card or the
150-1 pretended number or description of a fictitious <credit> card;
150-2 (3) he receives a benefit <property or service> that
150-3 he knows has been obtained in violation of this section;
150-4 (4) he steals a credit card or debit card or, with
150-5 knowledge that it has been stolen, receives a credit card or debit
150-6 card with intent to use it, to sell it, or to transfer it to a
150-7 person other than the issuer or the cardholder;
150-8 (5) he buys a credit card or debit card from a person
150-9 who he knows is not the issuer;
150-10 (6) not being the issuer, he sells a credit card or
150-11 debit card;
150-12 (7) he uses or induces the cardholder to use the
150-13 cardholder's credit card to obtain property or service for the
150-14 actor's benefit for which the cardholder is financially unable to
150-15 pay;
150-16 (8) not being the cardholder, and without the
150-17 effective consent of the cardholder, he signs or writes his name or
150-18 the name of another on a credit card or debit card with intent to
150-19 use it;
150-20 (9) he possesses two or more incomplete credit cards
150-21 or debit cards that have not been issued to him with intent to
150-22 complete them without the effective consent of the issuer. For
150-23 purposes of this subdivision, a <credit> card is incomplete if part
150-24 of the matter that an issuer requires to appear on the <credit>
150-25 card before it can be used, <(>other than the signature of the
150-26 cardholder,<)> has not yet been stamped, embossed, imprinted, or
150-27 written on it;
151-1 (10) being authorized by an issuer to furnish goods or
151-2 services on presentation of a credit card, he, with intent to
151-3 defraud the issuer or the cardholder, furnishes goods or services
151-4 on presentation of a credit card obtained or retained in violation
151-5 of this section or a credit card that is forged, expired, or
151-6 revoked; or
151-7 (11) being authorized by an issuer to furnish goods or
151-8 services on presentation of a credit card, he, with intent to
151-9 defraud the issuer or a cardholder, fails to furnish goods or
151-10 services that he represents in writing to the issuer that he has
151-11 furnished.
151-12 (c) It is presumed that a person who used a revoked,
151-13 cancelled, or expired credit card or debit card had knowledge that
151-14 the card had been revoked, cancelled, or expired if he had received
151-15 notice of revocation, cancellation, or expiration from the issuer.
151-16 For purposes of this section, notice may be either notice given
151-17 orally in person or by telephone, or in writing by mail or by
151-18 telegram. If written notice was sent by registered or certified
151-19 mail with return receipt requested, or by telegram with report of
151-20 delivery requested, addressed to the cardholder at the last address
151-21 shown by the records of the issuer, it is presumed that the notice
151-22 was received by the cardholder no later than five days after sent.
151-23 (d) An offense under this section is a state jail felony <of
151-24 the third degree>.
151-25 Sec. 32.32. FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT.
151-26 (a) For purposes of this section, "credit" includes:
151-27 (1) a loan of money;
152-1 (2) furnishing property or service on credit;
152-2 (3) extending the due date of an obligation;
152-3 (4) comaking, endorsing, or guaranteeing a note or
152-4 other instrument for obtaining credit;
152-5 (5) a line or letter of credit; and
152-6 (6) a credit card, as defined in Section 32.31 <of
152-7 this code> (Credit Card Abuse).
152-8 (b) A person commits an offense if he intentionally or
152-9 knowingly makes a materially false or misleading written statement
152-10 to obtain property or credit for himself or another.
152-11 (c) An offense under this section is a Class A misdemeanor.
152-12 Sec. 32.33. Hindering Secured Creditors. (a) For purposes
152-13 of this section:
152-14 (1) "Remove" means transport, without the effective
152-15 consent of the secured party, from the state in which the property
152-16 was located when the security interest or lien attached.
152-17 (2) "Security interest" means an interest in personal
152-18 property or fixtures that secures payment or performance of an
152-19 obligation.
152-20 (b) A person who has signed a security agreement creating a
152-21 security interest in property or a mortgage or deed of trust
152-22 creating a lien on property commits an offense if, with intent to
152-23 hinder enforcement of that interest or lien, he destroys, removes,
152-24 conceals, encumbers, or otherwise harms or reduces the value of the
152-25 property.
152-26 (c) For purposes of this section, a person is presumed to
152-27 have intended to hinder enforcement of the security interest or
153-1 lien if, when any part of the debt secured by the security interest
153-2 or lien was due, he failed:
153-3 (1) to pay the part then due; and
153-4 (2) if the secured party had made demand, to deliver
153-5 possession of the secured property to the secured party.
153-6 (d) An <Except as provided in Subsections (e) and (f) of
153-7 this section, an> offense under Subsection (b) <this section> is a:
153-8 (1) Class C misdemeanor if the value of the property
153-9 destroyed, removed, concealed, encumbered, or otherwise harmed or
153-10 reduced in value is less than $50;
153-11 (2) Class B misdemeanor if the value of the property
153-12 destroyed, removed, concealed, encumbered, or otherwise harmed or
153-13 reduced in value is $50 or more but less than $500;
153-14 (3) Class A misdemeanor if the value of the property
153-15 destroyed, removed, concealed, encumbered, or otherwise harmed or
153-16 reduced in value is $500 or more but less than $1,500;
153-17 (4) state jail felony if the value of the property
153-18 destroyed, removed, concealed, encumbered, or otherwise harmed or
153-19 reduced in value is $1,500 or more but less than $20,000;
153-20 (5) felony of the third degree if the value of the
153-21 property destroyed, removed, concealed, encumbered, or otherwise
153-22 harmed or reduced in value is $20,000 or more but less than
153-23 $100,000;
153-24 (6) felony of the second degree if the value of the
153-25 property destroyed, removed, concealed, encumbered, or otherwise
153-26 harmed or reduced in value is $100,000 or more but less than
153-27 $200,000; or
154-1 (7) felony of the first degree if the value of the
154-2 property destroyed, removed, concealed, encumbered, or otherwise
154-3 harmed or reduced in value is $200,000 or more <Class A
154-4 misdemeanor>.
154-5 (e) <If the actor removes the property, the offense is a
154-6 felony of the third degree.>
154-7 <(f)> A person who is a debtor under a security agreement,
154-8 and who does not have a right to sell or dispose of the secured
154-9 property or is required to account to the secured party for the
154-10 proceeds of a permitted sale or disposition, commits an offense if
154-11 the person sells or otherwise disposes of the secured property, or
154-12 does not account to the secured party for the proceeds of a sale or
154-13 other disposition as required, with intent to appropriate (as
154-14 defined in Chapter 31 <of this code>) the proceeds or value of the
154-15 secured property. A person is presumed to have intended to
154-16 appropriate proceeds if the person does not deliver the proceeds to
154-17 the secured party or account to the secured party for the proceeds
154-18 before the 11th day after the day that the secured party makes a
154-19 lawful demand for the proceeds or account. An offense under this
154-20 subsection is:
154-21 (1) a Class C <A> misdemeanor if the proceeds obtained
154-22 from the sale or other disposition are money or goods having a
154-23 value of less than $50 <$10,000>;
154-24 (2) a Class B misdemeanor if the proceeds obtained
154-25 from the sale or other disposition are money or goods having a
154-26 value of $50 or more but less than $500;
154-27 (3) a Class A misdemeanor if the proceeds obtained
155-1 from the sale or other disposition are money or goods having a
155-2 value of $500 or more but less than $1,500;
155-3 (4) a state jail felony if the proceeds obtained from
155-4 the sale or other disposition are money or goods having a value of
155-5 $1,500 or more but less than $20,000;
155-6 (5) a felony of the third degree if the proceeds
155-7 obtained from the sale or other disposition are money or goods
155-8 having a value of $20,000 or more but less than $100,000;
155-9 (6) a felony of the second degree if the proceeds
155-10 obtained from the sale or other disposition are money or goods
155-11 having a value of $100,000 or more but less than $200,000; or
155-12 (7) a felony of the first degree if the proceeds
155-13 obtained from the sale or other disposition are money or goods
155-14 having a value of $200,000 or more <a felony of the third degree if
155-15 the proceeds obtained from the sale or other disposition are money
155-16 or goods having a value of $10,000 or more>.
155-17 <Sec. 32.34. FRAUD IN INSOLVENCY. (a) A person commits an
155-18 offense if, when proceedings have been or are about to be
155-19 instituted for the appointment of a trustee, receiver, or other
155-20 person entitled to administer property for the benefit of
155-21 creditors, or when any other assignment, composition, or
155-22 liquidation for the benefit of creditors has been or is about to be
155-23 made:>
155-24 <(1) he destroys, removes, conceals, encumbers,
155-25 transfers, or otherwise harms or reduces the value of the property
155-26 with intent to defeat or obstruct the operation of a law relating
155-27 to administration of property for the benefit of creditors;>
156-1 <(2) he intentionally falsifies any writing or record
156-2 relating to the property or any claim against the debtor; or>
156-3 <(3) he intentionally misrepresents or refuses to
156-4 disclose to a trustee or receiver, or other person entitled to
156-5 administer property for the benefit of creditors, the existence,
156-6 amount, or location of the property, or any other information that
156-7 the actor could legally be required to furnish in relation to the
156-8 administration.>
156-9 <(b) An offense under this section is a Class A misdemeanor.>
156-10 <Sec. 32.35. RECEIVING DEPOSIT, PREMIUM, OR INVESTMENT IN
156-11 FAILING FINANCIAL INSTITUTION. (a) A person directing or
156-12 participating in the direction of a financial institution commits
156-13 an offense if he receives or permits the receipt of a deposit,
156-14 premium payment, or investment in the institution knowing that, due
156-15 to the financial condition of the institution:>
156-16 <(1) it is unable to make payment of the deposit on
156-17 demand, if it is a deposit ordinarily payable on demand; or>
156-18 <(2) it is about to suspend operations or go into
156-19 receivership.>
156-20 <(b) It is a defense to prosecution under this section that:>
156-21 <(1) the person making the deposit, premium payment,
156-22 or investment was adequately informed of the financial condition of
156-23 the institution; or>
156-24 <(2) the accounts of the institution are insured or
156-25 guaranteed by an agency or instrumentality of the United States
156-26 government or in accordance with the Texas Credit Union Act
156-27 (Article 2461-1.01 et seq., Vernon's Texas Civil Statutes).>
157-1 <(c) An offense under this section is a Class A
157-2 misdemeanor.>
157-3 Sec. 32.34 <32.36>. FRAUDULENT TRANSFER OF A MOTOR VEHICLE.
157-4 (a) In this section:
157-5 (1) "Lease" means the grant of use and possession of a
157-6 motor vehicle for consideration, whether or not the grant includes
157-7 an option to buy the vehicle.
157-8 (2) "Motor vehicle" means a device in, on, or by which
157-9 a person or property is or may be transported or drawn on a
157-10 highway, except a device used exclusively on stationary rails or
157-11 tracks.
157-12 (3) "Security interest" means an interest in personal
157-13 property or fixtures that secures payment or performance of an
157-14 obligation.
157-15 (4) "Third party" means a person other than the actor
157-16 or the owner of the vehicle.
157-17 (5) "Transfer" means to transfer possession, whether
157-18 or not another right is also transferred, by means of a sale,
157-19 lease, sublease, lease assignment, or other property transfer.
157-20 (b) A person commits an offense if the person acquires,
157-21 accepts possession of, or exercises control over the motor vehicle
157-22 of another under a written or oral agreement to arrange for the
157-23 transfer of the vehicle to a third party and:
157-24 (1) knowing the vehicle is subject to a security
157-25 interest, lease, or lien, the person transfers the vehicle to a
157-26 third party without first obtaining written authorization from the
157-27 vehicle's secured creditor, lessor, or lienholder;
158-1 (2) intending to defraud or harm the vehicle's owner,
158-2 the person transfers the vehicle to a third party;
158-3 (3) intending to defraud or harm the vehicle's owner,
158-4 the person disposes of the vehicle in a manner other than by
158-5 transfer to a third party; or
158-6 (4) the person does not disclose the location of the
158-7 vehicle on the request of the vehicle's owner, secured creditor,
158-8 lessor, or lienholder.
158-9 (c) For the purposes of Subsection (b)(2) <of this section>,
158-10 the actor is presumed to have intended to defraud or harm the motor
158-11 vehicle's owner if the actor does not take reasonable steps to
158-12 determine whether or not the third party is financially able to pay
158-13 for the vehicle.
158-14 (d) It is a defense to prosecution under Subsection (b)(1)
158-15 <of this section> that the entire indebtedness secured by or owed
158-16 under the security interest, lease, or lien is paid or satisfied in
158-17 full not later than the 30th day after the date that the transfer
158-18 was made.
158-19 (e) It is not a defense to prosecution under Subsection
158-20 (b)(1) <of this section> that the motor vehicle's owner has
158-21 violated a contract creating a security interest, lease, or lien in
158-22 the motor vehicle.
158-23 (f) An offense under Subsection (b)(1), (b)(2), or (b)(3)
158-24 <of this section> is:
158-25 (1) a state jail felony <of the third degree> if the
158-26 value of the motor vehicle is less than $20,000; or
158-27 (2) a felony of the third <second> degree if the value
159-1 of the motor vehicle is $20,000 or more.
159-2 (g) An offense under Subsection (b)(4) <of this section> is
159-3 a Class A misdemeanor.
159-4 Sec. 32.35 <32.37>. CREDIT CARD TRANSACTION RECORD
159-5 LAUNDERING. (a) In this section:
159-6 (1) "Agent" means a person authorized to act on behalf
159-7 of another and includes an employee.
159-8 (2) "Authorized vendor" means a person authorized by a
159-9 creditor to furnish property, service, or anything else of value
159-10 upon presentation of a credit card by a cardholder.
159-11 (3) "Cardholder" means the person named on the face of
159-12 a credit card to whom or for whose benefit the credit card is
159-13 issued, and includes the named person's agents.
159-14 (4) "Credit card" means an identification card, plate,
159-15 coupon, book, number, or any other device authorizing a designated
159-16 person or bearer to obtain property or services on credit. It
159-17 includes the number or description on the device if the device
159-18 itself is not produced at the time of ordering or obtaining the
159-19 property or service.
159-20 (5) "Creditor" means a person licensed under Chapter
159-21 3, Subtitle 2, Title 79, Revised Statutes (Article 5069-3.01 et
159-22 seq., Vernon's Texas Civil Statutes), a bank, savings and loan
159-23 association, credit union, or other regulated financial institution
159-24 that lends money or otherwise extends credit to a cardholder
159-25 through a credit card and that authorizes other persons to honor
159-26 the credit card.
159-27 (b) A person commits an offense if the person is an
160-1 authorized vendor who, with intent to defraud the creditor or
160-2 cardholder, presents to a creditor, for payment, a credit card
160-3 transaction record of a sale that was not made by the authorized
160-4 vendor or the vendor's agent.
160-5 (c) A person commits an offense if, without the creditor's
160-6 authorization, the person employs, solicits, or otherwise causes an
160-7 authorized vendor or the vendor's agent to present to a creditor,
160-8 for payment, a credit card transaction record of a sale that was
160-9 not made by the authorized vendor or the vendor's agent.
160-10 (d) It is presumed that a person is not the agent of an
160-11 authorized vendor if a fee is paid or offered to be paid by the
160-12 person to the authorized vendor in connection with the vendor's
160-13 presentment to a creditor of a credit card transaction record.
160-14 (e) An offense under this section is a:
160-15 (1) Class C misdemeanor if the amount of the record of
160-16 a sale is less than $50;
160-17 (2) Class B misdemeanor if the amount of the record of
160-18 a sale is $50 or more but less than $500;
160-19 (3) Class A misdemeanor if the amount of the record of
160-20 a sale is $500 or more but less than $1,500;
160-21 (4) state jail felony if the amount of the record of a
160-22 sale is $1,500 or more but less than $20,000;
160-23 (5) felony of the third degree if the amount of the
160-24 record of a sale is $20,000 or more but less than $100,000;
160-25 (6) felony of the second degree if the amount of the
160-26 record of a sale is $100,000 or more but less than $200,000; or
160-27 (7) felony of the first degree if the amount of the
161-1 record of a sale is $200,000 or more <Class A misdemeanor>.
161-2 (Sections 32.36 <32.38> to 32.40 reserved for expansion)
161-3 SUBCHAPTER D. OTHER DECEPTIVE PRACTICES
161-4 Sec. 32.41. Issuance of Bad Check. (a) A person commits an
161-5 offense if he issues or passes a check or similar sight order for
161-6 the payment of money knowing that the issuer does not have
161-7 sufficient funds in or on deposit with the bank or other drawee for
161-8 the payment in full of the check or order as well as all other
161-9 checks or orders outstanding at the time of issuance.
161-10 (b) This section does not prevent the prosecution from
161-11 establishing the required knowledge by direct evidence; however,
161-12 for purposes of this section, the issuer's knowledge of
161-13 insufficient funds is presumed (except in the case of a postdated
161-14 check or order) if:
161-15 (1) he had no account with the bank or other drawee at
161-16 the time he issued the check or order; or
161-17 (2) payment was refused by the bank or other drawee
161-18 for lack of funds or insufficient funds on presentation within 30
161-19 days after issue and the issuer failed to pay the holder in full
161-20 within 10 days after receiving notice of that refusal.
161-21 (c) Notice for purposes of Subsection (b)(2) <of this
161-22 section> may be notice in writing, sent by registered or certified
161-23 mail with return receipt requested or by telegram with report of
161-24 delivery requested, and addressed to the issuer at his address
161-25 shown on:
161-26 (1) the check or order;
161-27 (2) the records of the bank or other drawee; or
162-1 (3) the records of the person to whom the check or
162-2 order has been issued or passed.
162-3 (d) If notice is given in accordance with Subsection (c) <of
162-4 this section>, it is presumed that the notice was received no later
162-5 than five days after it was sent.
162-6 (e) A person charged with an offense under this section may
162-7 make restitution for the bad checks. Restitution shall be made
162-8 through the prosecutor's office if collection and processing were
162-9 initiated through that office. In other cases restitution may,
162-10 with the approval of the court in which the offense is filed, be
162-11 made through the court.
162-12 (f) An offense under this section is a Class C misdemeanor.
162-13 (g) An offense under this section is not a lesser included
162-14 offense of an offense under Section 31.03 or 31.04 <of this code>.
162-15 Sec. 32.42. Deceptive Business Practices. (a) For purposes
162-16 of this section:
162-17 (1) "Adulterated" means varying from the standard of
162-18 composition or quality prescribed by law or set by established
162-19 commercial usage.
162-20 (2) "Business" includes trade and commerce and
162-21 advertising, selling, and buying service or property.
162-22 (3) "Commodity" means any tangible or intangible
162-23 personal property.
162-24 (4) "Contest" includes sweepstake, puzzle, and game of
162-25 chance.
162-26 (5) "Deceptive sales contest" means a sales contest:
162-27 (A) that misrepresents the participant's chance
163-1 of winning a prize;
163-2 (B) that fails to disclose to participants on a
163-3 conspicuously displayed permanent poster (if the contest is
163-4 conducted by or through a retail outlet) or on each card game
163-5 piece, entry blank, or other paraphernalia required for
163-6 participation in the contest (if the contest is not conducted by or
163-7 through a retail outlet):
163-8 (i) the geographical area or number of
163-9 outlets in which the contest is to be conducted;
163-10 (ii) an accurate description of each type
163-11 of prize;
163-12 (iii) the minimum number and minimum
163-13 amount of cash prizes; and
163-14 (iv) the minimum number of each other type
163-15 of prize; or
163-16 (C) that is manipulated or rigged so that prizes
163-17 are given to predetermined persons or retail establishments. A
163-18 sales contest is not deceptive if the total value of prizes to each
163-19 retail outlet is in a uniform ratio to the number of game pieces
163-20 distributed to that outlet.
163-21 (6) "Mislabeled" means varying from the standard of
163-22 truth or disclosure in labeling prescribed by law or set by
163-23 established commercial usage.
163-24 (7) "Prize" includes gift, discount, coupon,
163-25 certificate, gratuity, and any other thing of value awarded in a
163-26 sales contest.
163-27 (8) "Sales contest" means a contest in connection with
164-1 the sale of a commodity or service by which a person may, as
164-2 determined by drawing, guessing, matching, or chance, receive a
164-3 prize and which is not regulated by the rules of a federal
164-4 regulatory agency.
164-5 (9) "Sell" and "sale" include offer for sale,
164-6 advertise for sale, expose for sale, keep for the purpose of sale,
164-7 deliver for or after sale, solicit and offer to buy, and every
164-8 disposition for value.
164-9 (b) A person commits an offense if in the course of business
164-10 he intentionally, knowingly, recklessly, or with criminal
164-11 negligence commits one or more of the following deceptive business
164-12 practices:
164-13 (1) using, selling, or possessing for use or sale a
164-14 false weight or measure, or any other device for falsely
164-15 determining or recording any quality or quantity;
164-16 (2) selling less than the represented quantity of a
164-17 property or service;
164-18 (3) taking more than the represented quantity of
164-19 property or service when as a buyer the actor furnishes the weight
164-20 or measure;
164-21 (4) selling an adulterated or mislabeled commodity;
164-22 (5) passing off property or service as that of
164-23 another;
164-24 (6) representing that a commodity is original or new
164-25 if it is deteriorated, altered, rebuilt, reconditioned, reclaimed,
164-26 used, or secondhand;
164-27 (7) representing that a commodity or service is of a
165-1 particular style, grade, or model if it is of another;
165-2 (8) advertising property or service with intent:
165-3 (A) not to sell it as advertised, or
165-4 (B) not to supply reasonably expectable public
165-5 demand, unless the advertising adequately discloses a time or
165-6 quantity limit;
165-7 (9) representing the price of property or service
165-8 falsely or in a way tending to mislead;
165-9 (10) making a materially false or misleading statement
165-10 of fact concerning the reason for, existence of, or amount of a
165-11 price or price reduction;
165-12 (11) conducting a deceptive sales contest; or
165-13 (12) making a materially false or misleading
165-14 statement:
165-15 (A) in an advertisement for the purchase or sale
165-16 of property or service; or
165-17 (B) otherwise in connection with the purchase or
165-18 sale of property or service.
165-19 (c) An offense under Subsections (b)(1), (b)(2), (b)(3),
165-20 (b)(4), (b)(5), and (b)(6) <of this section> is:
165-21 (1) a Class C misdemeanor if the actor commits an
165-22 offense with criminal negligence and if he has not previously been
165-23 convicted of a deceptive business practice; or
165-24 (2) a Class A misdemeanor if the actor commits an
165-25 offense intentionally, knowingly, recklessly or if he has been
165-26 previously convicted of a Class B or C misdemeanor under this
165-27 section.
166-1 (d) An offense under Subsections (b)(7), (b)(8), (b)(9),
166-2 (b)(10), (b)(11), and (b)(12) is a Class A misdemeanor.
166-3 Sec. 32.43. Commercial Bribery. (a) For purposes of this
166-4 section:
166-5 (1) "Beneficiary" means a person for whom a fiduciary
166-6 is acting.
166-7 (2) "Fiduciary" means:
166-8 (A) an agent or employee;
166-9 (B) a trustee, guardian, custodian,
166-10 administrator, executor, conservator, receiver, or similar
166-11 fiduciary;
166-12 (C) a lawyer, physician, accountant, appraiser,
166-13 or other professional advisor; or
166-14 (D) an officer, director, partner, manager, or
166-15 other participant in the direction of the affairs of a corporation
166-16 or association.
166-17 (b) A person who is a fiduciary commits an offense if,
166-18 without the consent of his beneficiary, he intentionally or
166-19 knowingly solicits, accepts, or agrees to accept any benefit from
166-20 another person on agreement or understanding that the benefit will
166-21 influence the conduct of the fiduciary in relation to the affairs
166-22 of his beneficiary.
166-23 (c) A person commits an offense if he offers, confers, or
166-24 agrees to confer any benefit the acceptance of which is an offense
166-25 under Subsection (b) <of this section>.
166-26 (d) An offense under this section is a state jail felony <of
166-27 the third degree>.
167-1 (e) In lieu of a fine that is authorized by Subsection (d)
167-2 <of this section>, and in addition to the imprisonment that is
167-3 authorized by that subsection, if the court finds that an
167-4 individual who is a fiduciary gained a benefit through the
167-5 commission of an offense under Subsection (b) <of this section>,
167-6 the court may sentence the individual to pay a fine in an amount
167-7 fixed by the court, not to exceed double the value of the benefit
167-8 gained. This subsection does not affect the application of Section
167-9 12.51(c) <of this code> to an offense under this section committed
167-10 by a corporation or association.
167-11 Sec. 32.44. Rigging Publicly Exhibited Contest. (a) A
167-12 person commits an offense if, with intent to affect the outcome
167-13 (including the score) of a publicly exhibited contest:
167-14 (1) he offers, confers, or agrees to confer any
167-15 benefit on, or threatens harm to:
167-16 (A) a participant in the contest to induce him
167-17 not to use his best efforts; or
167-18 (B) an official or other person associated with
167-19 the contest; or
167-20 (2) he tampers with a person, animal, or thing in a
167-21 manner contrary to the rules of the contest.
167-22 (b) A person commits an offense if he intentionally or
167-23 knowingly solicits, accepts, or agrees to accept any benefit the
167-24 conferring of which is an offense under Subsection (a) <of this
167-25 section>.
167-26 (c) An <Except as provided in Subsection (d) of this
167-27 section, an> offense under this section is a Class A misdemeanor.
168-1 <(d) An offense under this section is a felony of the third
168-2 degree if the actor's conduct is in connection with betting or
168-3 wagering on the contest.>
168-4 Sec. 32.441. Illegal Recruitment of an Athlete. (a) A
168-5 person commits an offense if, without the consent of the governing
168-6 body or a designee of the governing body of an institution of
168-7 higher education, the person intentionally or knowingly solicits,
168-8 accepts, or agrees to accept any benefit from another on an
168-9 agreement or understanding that the benefit will influence the
168-10 conduct of the person in enrolling in the institution and
168-11 participating in intercollegiate athletics.
168-12 (b) A person commits an offense if he offers, confers, or
168-13 agrees to confer any benefit the acceptance of which is an offense
168-14 under Subsection (a) <of this section>.
168-15 (c) It is an exception to prosecution under this section
168-16 that the person offering, conferring, or agreeing to confer a
168-17 benefit and the person soliciting, accepting, or agreeing to accept
168-18 a benefit are related within the second degree of consanguinity or
168-19 affinity, as determined under Article 5996h, Revised Statutes.
168-20 (d) It is an exception to prosecution under Subsection (a)
168-21 <of this section> that, not later than the 60th day after the date
168-22 the person accepted or agreed to accept a benefit, the person
168-23 contacted a law enforcement agency and furnished testimony or
168-24 evidence about the offense.
168-25 (e) An offense under <Subsection (a) of> this section is a:
168-26 (1) Class C misdemeanor if the value of the benefit is
168-27 less than $50;
169-1 (2) Class B misdemeanor if the value of the benefit is
169-2 $50 or more but less than $500;
169-3 (3) Class A misdemeanor if the value of the benefit is
169-4 $500 or more but less than $1,500;
169-5 (4) state jail felony if the value of the benefit is
169-6 $1,500 or more but less than $20,000;
169-7 (5) felony of the third degree if the value of the
169-8 benefit is $20,000 or more but less than $100,000;
169-9 (6) felony of the second degree if the value of the
169-10 benefit is $100,000 or more but less than $200,000; or
169-11 (7) felony of the first degree if the value of the
169-12 benefit is $200,000 or more <Class A misdemeanor. An offense under
169-13 Subsection (b) of this section is a felony of the third degree>.
169-14 Sec. 32.45. Misapplication of Fiduciary Property or Property
169-15 of Financial Institution. (a) For purposes of this section:
169-16 (1) "Fiduciary" includes:
169-17 (A) trustee, guardian, administrator, executor,
169-18 conservator, and receiver;
169-19 (B) any other person acting in a fiduciary
169-20 capacity, but not a commercial bailee; and
169-21 (C) an officer, manager, employee, or agent
169-22 carrying on fiduciary functions on behalf of a fiduciary.
169-23 (2) "Misapply" means deal with property contrary to:
169-24 (A) an agreement under which the fiduciary holds
169-25 the property; or
169-26 (B) a law prescribing the custody or disposition
169-27 of the property.
170-1 (b) A person commits an offense if he intentionally,
170-2 knowingly, or recklessly misapplies property he holds as a
170-3 fiduciary or property of a financial institution in a manner that
170-4 involves substantial risk of loss to the owner of the property or
170-5 to a person for whose benefit the property is held.
170-6 (c) An offense under this section is:
170-7 (1) a Class C misdemeanor if the value of the property
170-8 misapplied is less than $50;
170-9 (2) a Class B misdemeanor if the value of the property
170-10 misapplied is $50 or more but less than $500;
170-11 (3) a Class A misdemeanor if the value of the property
170-12 misapplied is $500 or more but less than $1,500 <$200>;
170-13 (4) <(2)> a state jail felony <of the third degree> if
170-14 the value of the property misapplied is $1,500 <$200> or more but
170-15 less than $20,000 <$10,000>;
170-16 (5) <(3)> a felony of the third <second> degree if the
170-17 value of the property misapplied is $20,000 <$10,000> or more but
170-18 less than $100,000; <or>
170-19 (6) <(4)> a felony of the second <first> degree if the
170-20 value of the property misapplied is $100,000 or more but less than
170-21 $200,000; or
170-22 (7) a felony of the first degree if the value of the
170-23 property misapplied is $200,000 or more.
170-24 Sec. 32.46. Securing Execution of Document by Deception.
170-25 (a) A person commits an offense if, with intent to defraud or harm
170-26 any person, he, by deception, causes another to sign or execute any
170-27 document affecting property or service or the pecuniary interest of
171-1 any person.
171-2 (b) An offense under this section is a state jail felony <of
171-3 the third degree>.
171-4 Sec. 32.47. Fraudulent Destruction, Removal, or Concealment
171-5 of Writing. (a) A person commits an offense if, with intent to
171-6 defraud or harm another, he destroys, removes, conceals, alters,
171-7 substitutes, or otherwise impairs the verity, legibility, or
171-8 availability of a writing, other than a governmental record.
171-9 (b) For purposes of this section, "writing" includes:
171-10 (1) printing or any other method of recording
171-11 information;
171-12 (2) money, coins, tokens, stamps, seals, credit cards,
171-13 badges, trademarks;
171-14 (3) symbols of value, right, privilege, or
171-15 identification; and
171-16 (4) labels, price tags, or markings on goods.
171-17 (c) Except as provided in Subsection (d) <of this section>,
171-18 an offense under this section is a Class A misdemeanor.
171-19 (d) An offense under this section is a state jail felony <of
171-20 the third degree> if the writing:
171-21 (1) is a will or codicil of another, whether or not
171-22 the maker is alive or dead and whether or not it has been admitted
171-23 to probate; or
171-24 (2) is a deed, mortgage, deed of trust, security
171-25 instrument, security agreement, or other writing for which the law
171-26 provides public recording or filing, whether or not the writing has
171-27 been acknowledged.
172-1 Sec. 32.48. Endless Chain Scheme. (a) For the purposes of
172-2 this section:
172-3 (1) "Endless chain" means any scheme for the disposal
172-4 or distribution of property whereby a participant pays a valuable
172-5 consideration for the chance to receive compensation for
172-6 introducing one or more additional persons into participation in
172-7 the scheme or for the chance to receive compensation when a person
172-8 introduced by the participant introduces a new participant.
172-9 (2) "Compensation" does not mean or include payment
172-10 based on sales made to persons who are not participants in the
172-11 scheme and who are not purchasing in order to participate in the
172-12 scheme.
172-13 (b) A person commits an offense if he contrives, prepares,
172-14 sets up, proposes, operates, promotes, or participates in an
172-15 endless chain.
172-16 (c) An offense under this section is a Class B misdemeanor.
172-17 <Sec. 32.49. ISSUANCE OF CHECKS PRINTED ON RED PAPER.
172-18 (a) A person commits an offense if he issues a check or similar
172-19 sight order for payment of money printed on dark red or other
172-20 colored paper that prevents reproduction of an image of the order
172-21 by microfilming or other similar reproduction equipment, knowing
172-22 that the colored paper prevents reproduction.>
172-23 <(b) An offense under this section is a Class A misdemeanor.>
172-24 <Sec. 32.50. ><Debit Card Abuse><. (a) For purposes of this
172-25 section:>
172-26 <(1) "Cardholder" means the person named on the face
172-27 of a debit card to whom or for whose benefit the card is issued.>
173-1 <(2) "Debit card" means an identification card, plate,
173-2 coupon, book, number, or any other device authorizing a designated
173-3 person or bearer to communicate a request to an unmanned teller
173-4 machine or a customer convenience terminal. It includes the number
173-5 or description of the device if the device itself is not produced
173-6 at the time of ordering or obtaining the benefit.>
173-7 <(3) "Expired debit card" means a card bearing as its
173-8 expiration date a date that has passed.>
173-9 <(4) "Unmanned teller machine" means a machine, other
173-10 than a telephone, capable of being operated solely by a customer,
173-11 by which a customer may communicate to a financial institution a
173-12 request to withdraw a benefit for himself or for another directly
173-13 from the customer's account or from the customer's account pursuant
173-14 to a line of credit previously authorized by the institution for
173-15 the customer.>
173-16 <(5) "Customer convenience terminal" means a device
173-17 which is a particular kind of unmanned teller machine (i.e., the
173-18 use of which does not involve personnel of a financial
173-19 institution).>
173-20 <(b) A person commits an offense if:>
173-21 <(1) with intent to obtain a benefit for himself or
173-22 for another fraudulently, he intentionally or knowingly presents or
173-23 uses a debit card with knowledge that:>
173-24 <(A) the card, whether or not expired, has not
173-25 been issued to him and is not used with the effective consent of
173-26 the cardholder; or>
173-27 <(B) the card has expired or has been revoked or
174-1 canceled;>
174-2 <(2) with intent to obtain a benefit for himself or
174-3 for another, he intentionally or knowingly uses a fictitious debit
174-4 card or the pretended number or description of a fictitious card;>
174-5 <(3) he intentionally or knowingly receives a benefit
174-6 for himself or for another that he knows has been obtained in
174-7 violation of this section;>
174-8 <(4) he steals a debit card or, with knowledge that it
174-9 has been stolen, receives a card with intent to use it, to sell it,
174-10 or to transfer it to a person other than the issuer or the
174-11 cardholder;>
174-12 <(5) he buys a debit card from a person who he knows
174-13 is not the issuer;>
174-14 <(6) not being the issuer, he sells a debit card;>
174-15 <(7) not being the cardholder, and without the
174-16 effective consent of the cardholder, he signs or writes his name or
174-17 the name of another on a debit card with intent to use it; or>
174-18 <(8) he possesses two or more incomplete debit cards
174-19 that have not been issued to him with intent to complete them
174-20 without the effective consent of the issuer. For purposes of this
174-21 subdivision, a card is incomplete if part of the matter that an
174-22 issuer requires to appear on the card before it can be used (other
174-23 than the signature of the cardholder) has not yet been stamped,
174-24 embossed, imprinted, or written on it.>
174-25 <(c) It is presumed that a person who used a revoked,
174-26 canceled, or expired debit card had knowledge that the card had
174-27 been revoked, canceled, or expired if he had received notice of
175-1 revocation, cancellation, or expiration from the issuer. For
175-2 purposes of this section, notice may be either notice given orally
175-3 in person or by telephone, or in writing by mail or by telegram.
175-4 If written notice was sent by registered or certified mail with
175-5 return receipt requested, or by telegram with report of delivery
175-6 requested, addressed to the cardholder at the last address shown by
175-7 the records of the issuer, it is presumed that the notice was
175-8 received by the cardholder no later than five days after sent.>
175-9 <(d) An offense under this section is a felony of the third
175-10 degree.>
175-11 <Sec. 32.51. ><Penalty for Fraudulently Obtaining or Denying
175-12 Workers' Compensation Benefits><. (a) A person commits an offense
175-13 if the person, with intent to obtain or deny payments of workers'
175-14 compensation benefits under the workers' compensation laws of this
175-15 state for himself or another, knowingly or intentionally:>
175-16 <(1) makes a false or misleading statement;>
175-17 <(2) misrepresents or conceals a material fact; or>
175-18 <(3) fabricates, alters, conceals, or destroys a
175-19 document other than a governmental record.>
175-20 <(b) A person commits an offense if the person receives
175-21 workers' compensation benefits that the person knows he is not
175-22 legally entitled to receive.>
175-23 <(c) An offense under Subsection (a) of this section is a
175-24 Class A misdemeanor. An offense under Subsection (b) of this
175-25 section is:>
175-26 <(1) a Class A misdemeanor if the value of the
175-27 benefits received is less than $750;>
176-1 <(2) a felony of the third degree if the value of the
176-2 benefits received is $750 or more but less than $10,000; and>
176-3 <(3) a felony of the second degree if the value of the
176-4 benefits received is $10,000 or more.>
176-5 <Sec. 32.52. ><Fraudulent Statement to Financial Institution><.
176-6 (a) A person commits an offense if, with intent to defraud or harm
176-7 a financial institution, he knowingly makes a materially false or
176-8 misleading written statement to obtain or in an attempt to obtain
176-9 moneys, accounts, funds, credits, assets, securities, or other
176-10 property owned by, or under the custody or control of, a financial
176-11 institution.>
176-12 <(b) An offense under this section is a Class A misdemeanor.>
176-13 <Sec. 32.53. TAXICAB FARES. (a) A person who operates a
176-14 taxicab commits an offense if the person intentionally extends the
176-15 distance or time for a trip beyond the distance or time necessary
176-16 for the trip for the purpose of increasing the fare for the trip.>
176-17 <(b) An offense under this section is a Class B misdemeanor.>
176-18 <Sec. 32.54. PENALTY FOR FRAUDULENTLY OBTAINING WORKERS'
176-19 COMPENSATION INSURANCE COVERAGE. (a) A person commits an offense
176-20 if the person, with intent to obtain workers' compensation
176-21 insurance coverage for himself or another under the workers'
176-22 compensation insurance laws of this state, knowingly or
176-23 intentionally:>
176-24 <(1) makes a false statement;>
176-25 <(2) misrepresents or conceals a material fact; or>
176-26 <(3) makes a false entry in, fabricates, alters,
176-27 conceals, or destroys a document other than a governmental record.>
177-1 <(b) An offense under Subsection (a) of this section is a
177-2 felony of the third degree.>
177-3 <(c) The court may order a person to pay restitution to an
177-4 insurance company, the Texas workers' compensation insurance
177-5 facility, or the Texas Workers' Compensation Insurance Fund if the
177-6 person commits an offense under this section.>
177-7 <SUBCHAPTER E. SAVINGS AND LOAN ASSOCIATIONS>
177-8 <Sec. 32.71. EMBEZZLEMENT; UNAUTHORIZED ISSUANCE; FALSE
177-9 ENTRY. (a) An officer, director, member of any committee, clerk,
177-10 or agent of any savings and loan association in this state commits
177-11 an offense if the person embezzles, abstracts, or misapplies money,
177-12 funds, or credits of the association, issues or puts into
177-13 circulation any warrant or other order without proper authority,
177-14 issues, assigns, transfers, cancels, or delivers up any note, bond,
177-15 draft, mortgage, judgment, decree, or other written instrument
177-16 belonging to the association, certifies to or makes a false entry
177-17 in any book, report, or statement of or to the association, with
177-18 intent to deceive, injure, or defraud the association or a member
177-19 of the association for the purpose of inducing any person to become
177-20 a member of the association or to deceive anyone appointed to
177-21 examine the affairs of the association.>
177-22 <(b) A person commits an offense if the person, with intent
177-23 to deceive, injure, or defraud, aids or abets any officer, member
177-24 of any committee, or other person in committing any of the acts
177-25 prohibited under Subsection (a).>
177-26 <(c) An offense under this section is a felony punishable by
177-27 imprisonment for not less than one year or more than 10 years.>
178-1 <Sec. 32.72. FALSE INFORMATION; SUPPRESSING EVIDENCE.
178-2 (a) Any person commits an offense if the person for the purpose of
178-3 influencing the actions of an association or its employees, agents,
178-4 or representatives or for the purpose of influencing the actions of
178-5 The Finance Commission of Texas, the savings and loan commissioner,
178-6 or employees, agents, or representatives of the Savings and Loan
178-7 Department of Texas, knowingly:>
178-8 <(1) removes, mutilates, destroys, or conceals a
178-9 paper, book, or record of a savings and loan association or of the
178-10 savings and loan commissioner or the Savings and Loan Department of
178-11 Texas for the purpose of concealing a fact or suppressing evidence;>
178-12 <(2) makes, passes, alters, or publishes a false,
178-13 counterfeit, or forged instrument, paper, document, statement, or
178-14 report to a savings and loan association or to the savings and loan
178-15 commissioner or the Savings and Loan Department of Texas; or>
178-16 <(3) substantially overvalues land, property,
178-17 security, an asset, or income in connection with a transaction with
178-18 a savings and loan association without substantiation,
178-19 justification, or supporting documentation generally accepted by
178-20 appraisal standards.>
178-21 <(b) An offense under this section is a felony punishable by
178-22 a fine of not more than $100,000, imprisonment for not more than 10
178-23 years, or both.>
178-24 CHAPTER 33. COMPUTER CRIMES
178-25 Sec. 33.01. Definitions. In this chapter:
178-26 (1) "Access" means to approach, instruct, communicate
178-27 with, store data in, retrieve or intercept data from, alter data or
179-1 computer software in, or otherwise make use of any resource of a
179-2 computer, computer system, or computer network.
179-3 (2) "Communications common carrier" means a person who
179-4 owns or operates a telephone system in this state that includes
179-5 equipment or facilities for the conveyance, transmission, or
179-6 reception of communications and who receives compensation from
179-7 persons who use that system.
179-8 (3) <(2)> "Computer" means an electronic, magnetic,
179-9 optical, electrochemical, or other high-speed data processing
179-10 device that performs logical, arithmetic, or memory functions by
179-11 the manipulations of electronic or magnetic impulses and includes
179-12 all input, output, processing, storage, or communication facilities
179-13 that are connected or related to the device.
179-14 (4) <(3)> "Computer network" means the interconnection
179-15 of two or more computers or computer systems by satellite,
179-16 microwave, line, or other communication medium with the capability
179-17 to transmit information among the computers.
179-18 (5) <(4)> "Computer program" means an ordered set of
179-19 data representing coded instructions or statements that when
179-20 executed by a computer cause the computer to process data or
179-21 perform specific functions.
179-22 (6) <(5)> "Computer security system" means the design,
179-23 procedures, or other measures that the person responsible for the
179-24 operation and use of a computer employs to restrict the use of the
179-25 computer to particular persons or uses or that the owner or
179-26 licensee of data stored or maintained by a computer in which the
179-27 owner or licensee is entitled to store or maintain the data employs
180-1 to restrict access to the data.
180-2 (7) <(6)> "Computer services" means the product of the
180-3 use of a computer, the information stored in the computer, or the
180-4 personnel supporting the computer, including computer time, data
180-5 processing, and storage functions.
180-6 (8) <(7)> "Computer system" means any combination of a
180-7 computer or computer network <computers> with the documentation,
180-8 computer software, or physical facilities supporting the computer
180-9 or computer network.
180-10 (9) <(8)> "Computer software" means a set of computer
180-11 programs, procedures, and associated documentation related to the
180-12 operation of a computer, computer system, or computer network.
180-13 (10) <(9)> "Computer virus" means an unwanted computer
180-14 program or other set of instructions inserted into a computer's
180-15 memory, operating system, or program that is specifically
180-16 constructed with the ability to replicate itself and to affect the
180-17 other programs or files in the computer by attaching a copy of the
180-18 unwanted program or other set of instructions to one or more
180-19 computer programs or files.
180-20 <(10) "Damage" includes partial or total alteration,
180-21 damage, or erasure of stored data, or interruption of computer
180-22 services.>
180-23 (11) "Data" means a representation of information,
180-24 knowledge, facts, concepts, or instructions that is being prepared
180-25 or has been prepared in a formalized manner and is intended to be
180-26 stored or processed, is being stored or processed, or has been
180-27 stored or processed in a computer. Data may be embodied in any
181-1 form, including but not limited to computer printouts, magnetic
181-2 storage media, laser storage media, and punchcards, or may be
181-3 stored internally in the memory of the computer.
181-4 (12) "Effective consent" includes consent by a person
181-5 legally authorized to act for the owner. Consent is not effective
181-6 if:
181-7 (A) induced by deception, as defined by Section
181-8 31.01;
181-9 (B) given by a person the actor knows is not
181-10 legally authorized to act for the owner;
181-11 (C) given by a person who by reason of youth,
181-12 mental disease or defect, or intoxication is known by the actor to
181-13 be unable to make reasonable property dispositions;
181-14 (D) given solely to detect the commission of an
181-15 offense; or
181-16 (E) used for a purpose other than that for which
181-17 the consent was given.
181-18 (13) <(12)> "Electric utility" has the meaning
181-19 assigned by Subsection (c), Section 3, Public Utility Regulatory
181-20 Act (Article 1446c, Vernon's Texas Civil Statutes).
181-21 (14) "Harm" includes partial or total alteration,
181-22 damage, or erasure of stored data, interruption of computer
181-23 services, introduction of a computer virus, or any other loss,
181-24 disadvantage, or injury that might reasonably be suffered as a
181-25 result of the actor's conduct.
181-26 (15) "Owner" means a person who:
181-27 (A) has title to the property, possession of the
182-1 property, whether lawful or not, or a greater right to possession
182-2 of the property than the actor;
182-3 (B) has the right to restrict access to the
182-4 property; or
182-5 (C) is the licensee of data or computer
182-6 software.
182-7 (16) "Property" means:
182-8 (A) tangible or intangible personal property
182-9 including a computer, computer system, computer network, computer
182-10 software, or data; or
182-11 (B) the use of a computer, computer system,
182-12 computer network, computer software, or data.
182-13 Sec. 33.02. Breach of Computer Security. (a) A person
182-14 commits an offense if the person knowingly accesses a computer,
182-15 computer network, or computer system<:>
182-16 <(1) uses a computer without the effective consent of
182-17 the owner of the computer or a person authorized to license access
182-18 to the computer and the actor knows that there exists a computer
182-19 security system intended to prevent him from making that use of the
182-20 computer; or>
182-21 <(2) gains access to data stored or maintained by a
182-22 computer> without the effective consent of the owner <or licensee
182-23 of the data and the actor knows that there exists a computer
182-24 security system intended to prevent him from gaining access to that
182-25 data>.
182-26 (b) A person commits an offense if the person intentionally
182-27 or knowingly gives a password, identifying code, personal
183-1 identification number, debit card number, bank account number, or
183-2 other confidential information about a computer security system to
183-3 another person without the effective consent of the person
183-4 employing the computer security system to restrict <the use of a
183-5 computer or to restrict> access to a computer, computer network,
183-6 computer system, or data <stored or maintained by a computer>.
183-7 (c) An offense under this section is a Class A misdemeanor
183-8 unless the actor's intent is to obtain a benefit or defraud or harm
183-9 another, in which event the offense is:
183-10 (1) a state jail division felony if the value of the
183-11 benefit or the amount of the loss or harm is less than $20,000; or
183-12 (2) a felony of the third degree if the value of the
183-13 benefit or the amount of the loss or harm is $20,000 or more.
183-14 (d) A person who is subject to prosecution under this
183-15 section and any other section of this code may be prosecuted under
183-16 either or both sections.
183-17 Sec. 33.03. <HARMFUL ACCESS. (a) A person commits an
183-18 offense if the person intentionally or knowingly and without
183-19 authorization from the owner of the computer or a person authorized
183-20 to license access to the computer:>
183-21 <(1) damages, alters, or destroys a computer, computer
183-22 program or software, computer system, data, or computer network;>
183-23 <(2) causes a computer to interrupt or impair a
183-24 government operation, public communication, public transportation,
183-25 or public service providing water or gas;>
183-26 <(3) uses a computer to:>
183-27 <(A) tamper with government, medical, or
184-1 educational records; or>
184-2 <(B) receive or use records that were not
184-3 intended for public dissemination to gain an advantage over
184-4 business competitors;>
184-5 <(4) obtains information from or introduces false
184-6 information into a computer system to damage or enhance the data or
184-7 credit records of a person;>
184-8 <(5) causes a computer to remove, alter, erase, or
184-9 copy a negotiable instrument; or>
184-10 <(6) inserts or introduces a computer virus into a
184-11 computer program, computer network, or computer system.>
184-12 <(b) An offense under this section is a:>
184-13 <(1) felony of the second degree if the value of the
184-14 loss or damage caused by the conduct is $20,000 or more;>
184-15 <(2) felony of the third degree if the value of the
184-16 loss or damage caused by the conduct is $750 or more but less than
184-17 $20,000; or>
184-18 <(3) Class A misdemeanor if the value of the loss or
184-19 damage caused by the conduct is $200 or more but less than $750.>
184-20 <Sec. 33.04.> Defenses. It is an affirmative defense to
184-21 prosecution under Section <Sections> 33.02 <and 33.03 of this code>
184-22 that the actor was an officer, employee, or agent of a
184-23 communications common carrier or electric utility and committed the
184-24 proscribed act or acts in the course of employment while engaged in
184-25 an activity that is a necessary incident to the rendition of
184-26 service or to the protection of the rights or property of the
184-27 communications common carrier or electric utility.
185-1 Sec. 33.04 <33.05>. Assistance by Attorney General. The
185-2 attorney general, if requested to do so by a prosecuting attorney,
185-3 may assist the prosecuting attorney in the investigation or
185-4 prosecution of an offense under this chapter or of any other
185-5 offense involving the use of a computer.
185-6 TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
185-7 CHAPTER 36. BRIBERY AND CORRUPT INFLUENCE
185-8 Sec. 36.01. Definitions. In this chapter:
185-9 (1) "Coercion" means a threat, however communicated:
185-10 (A) to commit any offense;
185-11 (B) to inflict bodily injury on the person
185-12 threatened or another;
185-13 (C) to accuse any person of any offense;
185-14 (D) to expose any person to hatred, contempt, or
185-15 ridicule;
185-16 (E) to harm the credit, business repute, or
185-17 pecuniary interest of any person; or
185-18 (F) to unlawfully take or withhold action as a
185-19 public servant, or to cause a public servant to unlawfully take or
185-20 withhold action.
185-21 (2) "Custody" means:
185-22 (A) detained or under arrest by a peace officer;
185-23 or
185-24 (B) under restraint by a public servant pursuant
185-25 to an order of a court.
185-26 (3) "Official proceeding" means any type of
185-27 administrative, executive, legislative, or judicial proceeding that
186-1 may be conducted before a public servant authorized by law to take
186-2 statements under oath.
186-3 (4) "Party official" means a person who holds any
186-4 position or office in a political party, whether by election,
186-5 appointment, or employment.
186-6 (5) "Benefit" means anything reasonably regarded as
186-7 pecuniary gain or pecuniary advantage, including benefit to any
186-8 other person in whose welfare the beneficiary has a direct and
186-9 substantial interest.
186-10 (6) "Vote" means to cast a ballot in an election
186-11 regulated by law.
186-12 Sec. 36.02. Bribery. (a) A person commits an offense if he
186-13 intentionally or knowingly offers, confers, or agrees to confer on
186-14 another, or solicits, accepts, or agrees to accept from another:
186-15 (1) any benefit as consideration for the recipient's
186-16 decision, opinion, recommendation, vote, or other exercise of
186-17 discretion as a public servant, party official, or voter;
186-18 (2) any benefit as consideration for the recipient's
186-19 decision, vote, recommendation, or other exercise of official
186-20 discretion in a judicial or administrative proceeding;
186-21 (3) any benefit as consideration for a violation of a
186-22 duty imposed by law on a public servant or party official; or
186-23 (4) any benefit that is a political contribution as
186-24 defined by Title 15, Election Code, if the benefit was offered,
186-25 conferred, solicited, accepted, or agreed to pursuant to an express
186-26 agreement to take or withhold a specific exercise of official
186-27 discretion if such exercise of official discretion would not have
187-1 been taken or withheld but for the benefit; notwithstanding any
187-2 rule of evidence or jury instruction allowing factual inferences in
187-3 the absence of certain evidence, direct evidence of the express
187-4 agreement shall be required in any prosecution under this
187-5 subdivision.
187-6 (b) It is no defense to prosecution under this section that
187-7 a person whom the actor sought to influence was not qualified to
187-8 act in the desired way whether because he had not yet assumed
187-9 office or he lacked jurisdiction or for any other reason.
187-10 (c) It is no defense to prosecution under this section that
187-11 the benefit is not offered or conferred or that the benefit is not
187-12 solicited or accepted until after:
187-13 (1) the decision, opinion, recommendation, vote, or
187-14 other exercise of discretion has occurred; or
187-15 (2) the public servant ceases to be a public servant.
187-16 (d) It is an exception to the application of Subdivisions
187-17 (1), (2), and (3) of Subsection (a) <of this section> that the
187-18 benefit is a political contribution accepted as defined by Title
187-19 15, Election Code.
187-20 (e) An offense under this section is a felony of the second
187-21 degree.
187-22 Sec. 36.03. Coercion of Public Servant or Voter. (a) A
187-23 person commits an offense if by means of coercion he:
187-24 (1) influences or attempts to influence a public
187-25 servant in a specific exercise of his official power or a specific
187-26 performance of his official duty or influences or attempts to
187-27 influence a public servant to violate the public servant's known
188-1 legal duty; or
188-2 (2) influences or attempts to influence a voter not to
188-3 vote or to vote in a particular manner.
188-4 (b) An offense under this section is a Class A misdemeanor
188-5 unless the coercion is a threat to commit a felony, in which event
188-6 it is a felony of the third degree.
188-7 (c) It is an exception to the application of Subsection
188-8 (a)(1) of this section that the person who influences or attempts
188-9 to influence the public servant is a member of the governing body
188-10 of a governmental entity, and that the action that influences or
188-11 attempts to influence the public servant is an official action
188-12 taken by the member of the governing body. For the purposes of
188-13 this subsection, the term "official action" includes deliberations
188-14 by the governing body of a governmental entity.
188-15 Sec. 36.04. Improper Influence. (a) A person commits an
188-16 offense if he privately addresses a representation, entreaty,
188-17 argument, or other communication to any public servant who
188-18 exercises or will exercise official discretion in an adjudicatory
188-19 proceeding with an intent to influence the outcome of the
188-20 proceeding on the basis of considerations other than those
188-21 authorized by law.
188-22 (b) For purposes of this section, "adjudicatory proceeding"
188-23 means any proceeding before a court or any other agency of
188-24 government in which the legal rights, powers, duties, or privileges
188-25 of specified parties are determined.
188-26 (c) An offense under this section is a Class A misdemeanor.
188-27 Sec. 36.05. Tampering with Witness. (a) A person commits
189-1 an offense if, with intent to influence the witness, he offers,
189-2 confers, or agrees to confer any benefit on a witness or
189-3 prospective witness in an official proceeding or coerces a witness
189-4 or prospective witness in an official proceeding:
189-5 (1) to testify falsely;
189-6 (2) to withhold any testimony, information, document,
189-7 or thing;
189-8 (3) to elude legal process summoning him to testify or
189-9 supply evidence; or
189-10 (4) to absent himself from an official proceeding to
189-11 which he has been legally summoned.
189-12 (b) A witness or prospective witness in an official
189-13 proceeding commits an offense if he knowingly solicits, accepts, or
189-14 agrees to accept any benefit on the representation or understanding
189-15 that he will do any of the things specified in Subsection (a) <of
189-16 this section>.
189-17 (c) An offense under this section is a felony of the third
189-18 degree.
189-19 Sec. 36.06. Retaliation. (a) A person commits an offense
189-20 if he intentionally or knowingly harms or threatens to harm another
189-21 by an unlawful act in retaliation for or on account of the service
189-22 of another as a public servant, witness, prospective witness,
189-23 informant, or a person who has reported the occurrence of a crime.
189-24 (b) For purposes of this section, "informant" means a person
189-25 who has communicated information to the government in connection
189-26 with any governmental function.
189-27 (c) An offense under this section is a felony of the third
190-1 degree.
190-2 Sec. 36.07. ACCEPTANCE OF HONORARIUM. (a) A public servant
190-3 commits an offense if the public servant solicits, accepts, or
190-4 agrees to accept an honorarium in consideration for services that
190-5 the public servant would not have been requested to provide but for
190-6 the public servant's official position or duties.
190-7 (b) This section does not prohibit a public servant from
190-8 accepting transportation and lodging expenses permitted under
190-9 Section 305.025(b)(2), Government Code, in connection with a
190-10 conference or similar event or from accepting meals in connection
190-11 with such an event.
190-12 (c) An offense under this section is a Class A misdemeanor.
190-13 Sec. 36.08. Gift to Public Servant BY PERSON SUBJECT TO HIS
190-14 JURISDICTION. (a) A public servant in an agency performing
190-15 regulatory functions or conducting inspections or investigations
190-16 commits an offense if he solicits, accepts, or agrees to accept any
190-17 benefit from a person the public servant knows to be subject to
190-18 regulation, inspection, or investigation by the public servant or
190-19 his agency.
190-20 (b) A public servant in an agency having custody of
190-21 prisoners commits an offense if he solicits, accepts, or agrees to
190-22 accept any benefit from a person the public servant knows to be in
190-23 his custody or the custody of his agency.
190-24 (c) A public servant in an agency carrying on civil or
190-25 criminal litigation on behalf of government commits an offense if
190-26 he solicits, accepts, or agrees to accept any benefit from a person
190-27 against whom the public servant knows litigation is pending or
191-1 contemplated by the public servant or his agency.
191-2 (d) A public servant who exercises discretion in connection
191-3 with contracts, purchases, payments, claims, or other pecuniary
191-4 transactions of government commits an offense if he solicits,
191-5 accepts, or agrees to accept any benefit from a person the public
191-6 servant knows is interested in or likely to become interested in
191-7 any contract, purchase, payment, claim, or transaction involving
191-8 the exercise of his discretion.
191-9 (e) A public servant who has judicial or administrative
191-10 authority, who is employed by or in a tribunal having judicial or
191-11 administrative authority, or who participates in the enforcement of
191-12 the tribunal's decision, commits an offense if he solicits,
191-13 accepts, or agrees to accept any benefit from a person the public
191-14 servant knows is interested in or likely to become interested in
191-15 any matter before the public servant or tribunal.
191-16 (f) A member of the legislature, the governor, the
191-17 lieutenant governor, or a person employed by a member of the
191-18 legislature, the governor, the lieutenant governor, or an agency of
191-19 the legislature commits an offense if he solicits, accepts, or
191-20 agrees to accept any benefit from any person.
191-21 (g) A public servant who is a hearing examiner employed by
191-22 an agency performing regulatory functions and who conducts hearings
191-23 in contested cases commits an offense if the public servant
191-24 solicits, accepts, or agrees to accept any benefit from any person
191-25 who is appearing before the agency in a contested case, who is
191-26 doing business with the agency, or who the public servant knows is
191-27 interested in any matter before the public servant. The exception
192-1 provided by Section 36.10(b) <of this code> does not apply to a
192-2 benefit under this subsection.
192-3 (h) An offense under this section is a Class A misdemeanor.
192-4 Sec. 36.09. OFFERING GIFT TO PUBLIC SERVANT. (a) A person
192-5 commits an offense if he offers, confers, or agrees to confer any
192-6 benefit on a public servant that he knows the public servant is
192-7 prohibited by law from accepting.
192-8 (b) An offense under this section is a Class A misdemeanor.
192-9 Sec. 36.10. NON-APPLICABLE. (a) Sections 36.08 (Gift to
192-10 Public Servant) and 36.09 (Offering Gift to Public Servant) of this
192-11 code do not apply to:
192-12 (1) a fee prescribed by law to be received by a public
192-13 servant or any other benefit to which the public servant is
192-14 lawfully entitled or for which he gives legitimate consideration in
192-15 a capacity other than as a public servant;
192-16 (2) a gift or other benefit conferred on account of
192-17 kinship or a personal, professional, or business relationship
192-18 independent of the official status of the recipient; or
192-19 (3) a benefit to a public servant required to file a
192-20 statement under Chapter 421, Acts of the 63rd Legislature, Regular
192-21 Session, 1973 (Article 6252-9b, Vernon's Texas Civil Statutes), or
192-22 a report under Title 15, Election Code, that is derived from a
192-23 function in honor or appreciation of the recipient if:
192-24 (A) the benefit and the source of any benefit in
192-25 excess of $50 is reported in the statement; and
192-26 (B) the benefit is used solely to defray the
192-27 expenses that accrue in the performance of duties or activities in
193-1 connection with the office which are nonreimbursable by the state
193-2 or political subdivision;
193-3 (4) a political contribution as defined by Title 15,
193-4 Election Code; or
193-5 (5) a gift, award, or memento to a member of the
193-6 legislative or executive branch that is required to be reported
193-7 under Chapter 305, Government Code.
193-8 (b) Section 36.08 (Gift to Public Servant) <of this code>
193-9 does not apply to food, lodging, transportation, or entertainment
193-10 accepted as a guest and, if the donee is required by law to report
193-11 those items, reported by the donee in accordance with that law.
193-12 (c) Section 36.09 (Offering Gift to Public Servant) <of this
193-13 code> does not apply to food, lodging, transportation, or
193-14 entertainment accepted as a guest and, if the donor is required by
193-15 law to report those items, reported by the donor in accordance with
193-16 that law.
193-17 CHAPTER 37. PERJURY AND OTHER FALSIFICATION
193-18 Sec. 37.01. DEFINITIONS. In this chapter:
193-19 (1) "Governmental record" means:
193-20 (A) anything belonging to, received by, or kept
193-21 by government for information;
193-22 (B) anything required by law to be kept by
193-23 others for information of government; or
193-24 (C) a license, certificate, permit, seal, title,
193-25 or similar document issued by government.
193-26 (2) "Official proceeding" means any type of
193-27 administrative, executive, legislative, or judicial proceeding that
194-1 may be conducted before a public servant authorized by law to take
194-2 statements under oath.
194-3 (3) "Statement" means any representation of fact.
194-4 Sec. 37.02. PERJURY. (a) A person commits an offense if,
194-5 with intent to deceive and with knowledge of the statement's
194-6 meaning:
194-7 (1) he makes a false statement under oath or swears to
194-8 the truth of a false statement previously made<;> and
194-9 <(2)> the statement is required or authorized by law
194-10 to be made under oath; or
194-11 (2) he makes a false unsworn declaration under Chapter
194-12 132, Civil Practice and Remedies Code.
194-13 (b) An offense under this section is a Class A misdemeanor.
194-14 Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an
194-15 offense if he commits perjury as defined in Section 37.02 <of this
194-16 code>, and the false statement:
194-17 (1) is made during or in connection with an official
194-18 proceeding; and
194-19 (2) is material.
194-20 (b) An offense under this section is a felony of the third
194-21 degree.
194-22 Sec. 37.04. MATERIALITY. (a) A statement is material,
194-23 regardless of the admissibility of the statement under the rules of
194-24 evidence, if it could have affected the course or outcome of the
194-25 official proceeding.
194-26 (b) It is no defense to prosecution under Section 37.03 <of
194-27 this code> (Aggravated Perjury) that the declarant mistakenly
195-1 believed the statement to be immaterial.
195-2 (c) Whether a statement is material in a given factual
195-3 situation is a question of law.
195-4 Sec. 37.05. RETRACTION. It is a defense to prosecution
195-5 under Section 37.03 <of this code> (Aggravated Perjury) that the
195-6 actor retracted his false statement:
195-7 (1) before completion of the testimony at the official
195-8 proceeding; and
195-9 (2) before it became manifest that the falsity of the
195-10 statement would be exposed.
195-11 Sec. 37.06. INCONSISTENT STATEMENTS. An information or
195-12 indictment for perjury under Section 37.02 <of this code> or
195-13 aggravated perjury under Section 37.03 <of this code> that alleges
195-14 that the declarant has made statements under oath, both of which
195-15 cannot be true, need not allege which statement is false. At the
195-16 trial the prosecution need not prove which statement is false.
195-17 Sec. 37.07. IRREGULARITIES NO DEFENSE. (a) It is no
195-18 defense to prosecution under Section 37.02 (Perjury) or 37.03
195-19 (Aggravated Perjury) <of this code> that the oath was administered
195-20 or taken in an irregular manner, or that there was some
195-21 irregularity in the appointment or qualification of the person who
195-22 administered the oath.
195-23 (b) It is no defense to prosecution under Section 37.02
195-24 (Perjury) or 37.03 (Aggravated Perjury) <of this code> that a
195-25 document was not sworn to if the document contains a recital that
195-26 it was made under oath, the declarant was aware of the recital when
195-27 he signed the document, and the document contains the signed jurat
196-1 of a public servant authorized to administer oaths.
196-2 Sec. 37.08. FALSE REPORT TO PEACE OFFICER. (a) A person
196-3 commits an offense if, with intent to deceive, he knowingly makes a
196-4 false statement to a peace officer conducting a criminal
196-5 investigation and the statement is material to the investigation
196-6 <he:>
196-7 <(1) reports to a peace officer an offense or incident
196-8 within the officer's concern, knowing that the offense or incident
196-9 did not occur; or>
196-10 <(2) makes a report to a peace officer relating to an
196-11 offense or incident within the officer's concern knowing that he
196-12 has no information relating to the offense or incident>.
196-13 (b) An offense under this section is a Class B misdemeanor.
196-14 Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.
196-15 (a) A person commits an offense if, knowing that an investigation
196-16 or official proceeding is pending or in progress, he:
196-17 (1) alters, destroys, or conceals any record,
196-18 document, or thing with intent to impair its verity, legibility, or
196-19 availability as evidence in the investigation or official
196-20 proceeding; or
196-21 (2) makes, presents, or uses any record, document, or
196-22 thing with knowledge of its falsity and with intent to affect the
196-23 course or outcome of the investigation or official proceeding.
196-24 (b) This section shall not apply if the record, document, or
196-25 thing concealed is privileged or is the work product of the parties
196-26 to the investigation or official proceeding.
196-27 (c) An offense under this section is a felony of the third
197-1 degree.
197-2 Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A
197-3 person commits an offense if he:
197-4 (1) knowingly makes a false entry in, or false
197-5 alteration of, a governmental record;
197-6 (2) makes, presents, or uses any record, document, or
197-7 thing with knowledge of its falsity and with intent that it be
197-8 taken as a genuine governmental record;
197-9 (3) intentionally destroys, conceals, removes, or
197-10 otherwise impairs the verity, legibility, or availability of a
197-11 governmental record; <or>
197-12 (4) possesses, sells, or offers to sell a governmental
197-13 record or a blank governmental record form with intent that it be
197-14 used unlawfully; <or>
197-15 (5) <(4)> makes, presents, or uses a governmental
197-16 record with knowledge of its falsity; or<.>
197-17 (6) <(5)> possesses, sells, or offers to sell a
197-18 governmental record or a blank governmental record form with
197-19 knowledge that it was obtained unlawfully.
197-20 (b) It is an exception to the application of Subsection
197-21 (a)(3) of this section that the governmental record is destroyed
197-22 pursuant to legal authorization. With regard to the destruction of
197-23 a local government record, legal authorization includes compliance
197-24 with the provisions of Subtitle C, Title 6, Local Government Code.
197-25 (c) Except as provided in Subsection (d) <of this section>,
197-26 an offense under this section is a Class A misdemeanor unless the
197-27 actor's intent is to defraud or harm another, in which event the
198-1 offense is a state jail felony <of the third degree>.
198-2 (d) An offense under this section is a felony of the third
198-3 degree if it is shown on the trial of the offense that the
198-4 governmental record was a license, certificate, permit, seal,
198-5 title, or similar document issued by government, unless the actor's
198-6 intent is to defraud or harm another, in which event the offense is
198-7 a felony of the second degree.
198-8 (e) It is an affirmative defense to prosecution for
198-9 possession under Subsection (a)(6) <(a)(5) of this section> that
198-10 the possession occurred in the actual discharge of official duties
198-11 as a public servant.
198-12 (f) It is a defense to prosecution under Subsection (a)(1),
198-13 (a)(2), or (a)(5) that the false entry or false information could
198-14 have no effect on the government's purpose for requiring the
198-15 governmental record.
198-16 (g) A person is presumed to intend to defraud or harm
198-17 another if the person acts with respect to two or more of the same
198-18 type of governmental records or blank governmental record forms and
198-19 if each governmental record or blank governmental record form is a
198-20 license, certificate, permit, seal, title, or similar document
198-21 issued by government.
198-22 Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person
198-23 commits an offense if he impersonates a public servant with intent
198-24 to induce another to submit to his pretended official authority or
198-25 to rely on his pretended official acts.
198-26 (b) An offense under this section is a Class A misdemeanor
198-27 unless the person impersonated a peace officer, in which event it
199-1 is a felony of the third degree.
199-2 Sec. 37.12. False Identification As Peace Officer;
199-3 Misrepresentation Of Property. (a) A person commits an offense
199-4 if:
199-5 (1) the person makes, provides to another person, or
199-6 possesses a card, document, badge, insignia, shoulder emblem, or
199-7 other item bearing an insignia of a law enforcement agency that
199-8 identifies a person as a peace officer or a reserve law enforcement
199-9 officer; and
199-10 (2) the person who makes, provides, or possesses the
199-11 item bearing the insignia knows that the person so identified by
199-12 the item is not commissioned as a <certified or licensed by the
199-13 Commission on Law Enforcement Officer Standards and Education in
199-14 the capacity of> peace officer or reserve law enforcement officer
199-15 as indicated on the item.
199-16 (b) It is a defense to prosecution under this section that:
199-17 (1) the card, document, badge, insignia, shoulder
199-18 emblem, or other item bearing an insignia of a law enforcement
199-19 agency clearly identifies the person as an honorary or junior peace
199-20 officer or reserve law enforcement officer, or as a member of a
199-21 junior posse;
199-22 (2) the person identified as a peace officer or
199-23 reserve law enforcement officer by the item bearing the insignia
199-24 was commissioned <certified or licensed> in that capacity when the
199-25 item was made; or
199-26 (3) the item was used or intended for use exclusively
199-27 for decorative purposes or in an artistic or dramatic presentation.
200-1 (c) In this section, "reserve law enforcement officer" has
200-2 the same meaning as is given that term in Section 6, Chapter 546,
200-3 Acts of the 59th Legislature, Regular Session, 1965 (Article
200-4 4413(29aa), Vernon's Texas Civil Statutes).
200-5 (d) A person commits an offense if the person intentionally
200-6 or knowingly misrepresents an object as property belonging to a law
200-7 enforcement agency.
200-8 (e) An offense under this section is a Class B misdemeanor.
200-9 CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
200-10 Sec. 38.01. Definitions. In this chapter:
200-11 (1) <"Complaining witness" means the victim of a crime
200-12 or a person who signs a criminal complaint.>
200-13 <(2)> "Custody" means <detained or> under arrest by a
200-14 peace officer or under restraint by a public servant pursuant to an
200-15 order of a court.
200-16 (2) <(3)> "Escape" means unauthorized departure from
200-17 custody or failure to return to custody following temporary leave
200-18 for a specific purpose or limited period or following leave that is
200-19 part of an intermittent sentence, but does not include a violation
200-20 of conditions of community supervision <probation> or parole.
200-21 (3) <(4)> "Fugitive from justice" means a person for
200-22 whom a valid arrest warrant has been issued. <"Economic benefit"
200-23 means anything reasonably regarded as an economic gain or
200-24 advantage.>
200-25 (4) <(5)> "Funeral establishment" means an
200-26 establishment licensed under Section 4, Chapter 251, Acts of the
200-27 53rd Legislature, Regular Session, 1953 (Article 4582b, Vernon's
201-1 Texas Civil Statutes).
201-2 (5) <(6)> "Governmental function" includes any
201-3 activity that a public servant is lawfully authorized to undertake
201-4 on behalf of government.
201-5 (6) <(7)> "Hospital" means a general hospital or
201-6 special hospital as defined by Chapter 241, Health and Safety Code.
201-7 (7) <(8)> "Member of the family" means anyone related
201-8 within the third degree of consanguinity or affinity, as determined
201-9 under Article 5996h, Revised Statutes.
201-10 (8) <(9)> "Official proceeding" means:
201-11 (A) a proceeding before a magistrate, court, or
201-12 grand jury of this state;
201-13 (B) a proceeding before the legislature or an
201-14 inquiry authorized by either house or any joint committee
201-15 established by a joint or concurrent resolution of the two houses
201-16 of the legislature or any committee or subcommittee of either house
201-17 of the legislature;
201-18 (C) a proceeding in which pursuant to lawful
201-19 authority a court orders attendance or the production of evidence;
201-20 or
201-21 (D) a proceeding that otherwise is made
201-22 expressly subject to this chapter.
201-23 (9) <(10)> "Qualified nonprofit organization" means a
201-24 nonprofit organization that meets the following conditions:
201-25 (A) the primary purposes of the organization do
201-26 not include the rendition of legal services or education regarding
201-27 legal services;
202-1 (B) the recommending, furnishing, paying for, or
202-2 educating persons regarding legal services is incidental and
202-3 reasonably related to the primary purposes of the organization;
202-4 (C) the organization does not derive a financial
202-5 benefit from the rendition of legal services by a lawyer; and
202-6 (D) the person for whom the legal services are
202-7 rendered, and not the organization, is recognized as the client of
202-8 a lawyer.
202-9 (10) <(11)> "Solicit" means to communicate in person
202-10 or by telephone with a claimant or defendant or with a member of
202-11 the claimant's or defendant's family when neither the person
202-12 receiving the communication nor anyone acting on that person's
202-13 behalf has requested the communication. The term does not include
202-14 communicating by a family member of the person receiving a
202-15 communication, communicating by an attorney who has a prior
202-16 attorney-client relationship with the person receiving the
202-17 communication, or communicating with a qualified nonprofit
202-18 organization for the purpose of educating laymen to recognize legal
202-19 problems, to make intelligent selection of legal counsel, or to use
202-20 available legal services.
202-21 Sec. 38.02. Failure to Identify. (a) A person commits an
202-22 offense if he intentionally refuses to <report or> give his name,
202-23 residence address, or date of birth to a peace officer who has
202-24 lawfully arrested the person and requested the information.
202-25 (b) A person commits an offense if he intentionally <reports
202-26 or> gives a false or fictitious name, residence address, or date of
202-27 birth to a peace officer who has:
203-1 (1) lawfully arrested the person;
203-2 (2) lawfully detained the person; or
203-3 (3) requested the information from a person that the
203-4 peace officer has good cause to believe is a witness to a criminal
203-5 offense.
203-6 (c) <In this section, "fugitive from justice" means a person
203-7 for whom a valid arrest warrant has been issued by a magistrate of
203-8 this state, if the warrant has not been executed.>
203-9 <(d)> Except as provided by Subsection (d) <(e) of this
203-10 section>, an offense under this section is a Class C misdemeanor.
203-11 (d) <(e)> If it is shown on the trial of an offense under
203-12 this section that the defendant was a fugitive from justice at the
203-13 time of the offense <or that the defendant has been previously
203-14 convicted of an offense under this section>, the offense is a Class
203-15 B misdemeanor.
203-16 Sec. 38.03. Resisting Arrest, Search, or Transportation.
203-17 (a) A person commits an offense if he intentionally prevents or
203-18 obstructs a person he knows is a peace officer or a person acting
203-19 in a peace officer's presence and at his direction from effecting
203-20 an arrest, search, or transportation of the actor or another by
203-21 using force against the peace officer or another.
203-22 (b) It is no defense to prosecution under this section that
203-23 the arrest or search was unlawful.
203-24 (c) Except as provided in Subsection (d) <of this section>,
203-25 an offense under this section is a Class A misdemeanor.
203-26 (d) An offense under this section is a felony of the third
203-27 degree if the actor uses a deadly weapon to resist the arrest or
204-1 search.
204-2 Sec. 38.04. Evading Arrest or Detention. (a) A person
204-3 commits an offense if he intentionally flees from a person he knows
204-4 is a peace officer attempting lawfully to arrest <him> or detain
204-5 him <for the purpose of questioning or investigating possible
204-6 criminal activity>.
204-7 (b) <It is an exception to the application of this section
204-8 that the attempted arrest is unlawful or the detention is without
204-9 reasonable suspicion to investigate>.
204-10 <(c) It is presumed that the actor recklessly engaged in
204-11 conduct placing another in imminent danger of serious bodily injury
204-12 under Subsection (d) of this section if the actor operated a motor
204-13 vehicle while intoxicated during the commission of the offense. In
204-14 this subsection, "intoxicated" has the meaning assigned that term
204-15 by Article 6701l-1, Revised Statutes.>
204-16 <(d)> An offense under this section is a Class B
204-17 misdemeanor, except that the offense is<:>
204-18 <(1) a Class A misdemeanor if the actor, during the
204-19 commission of the offense, recklessly engaged in conduct that
204-20 placed another in imminent danger of serious bodily injury; or>
204-21 <(2)> a felony of the third degree if a peace officer
204-22 suffers serious bodily injury or death from any cause other than an
204-23 assault or homicide by the actor as a direct result of an attempt
204-24 by the officer to apprehend the actor while the actor is in flight.
204-25 Sec. 38.05. Hindering Apprehension or Prosecution. (a) A
204-26 person commits an offense if, with intent to hinder the arrest,
204-27 prosecution, conviction, or punishment of another for an offense,
205-1 he:
205-2 (1) harbors or conceals the other;
205-3 (2) provides or aids in providing the other with any
205-4 means of avoiding arrest or effecting escape; or
205-5 (3) warns the other of impending discovery or
205-6 apprehension.
205-7 (b) It is a defense to prosecution under Subsection (a)(3)
205-8 <of this section> that the warning was given in connection with an
205-9 effort to bring another into compliance with the law.
205-10 (c) An offense under this section is a Class A misdemeanor,
205-11 except that the offense is a felony of the third degree if the
205-12 person who is harbored, concealed, provided with a means of
205-13 avoiding arrest or effecting escape, or warned of discovery or
205-14 apprehension is under arrest for, charged with, or convicted of a
205-15 felony and the person charged under this section knew that the
205-16 person they harbored, concealed, provided with a means of avoiding
205-17 arrest or effecting escape, or warned of discovery or apprehension
205-18 is under arrest for, charged with, or convicted of a felony.
205-19 Sec. 38.06. <COMPOUNDING. (a) A complaining witness
205-20 commits an offense if, after criminal proceedings have been
205-21 instituted, he solicits, accepts, or agrees to accept any benefit
205-22 in consideration of abstaining from, discontinuing, or delaying the
205-23 prosecution of another for an offense.>
205-24 <(b) It is a defense to prosecution under this section that
205-25 the benefit received was:>
205-26 <(1) reasonable restitution for damages suffered by
205-27 the complaining witness as a result of the offense; and>
206-1 <(2) the result of an agreement negotiated with the
206-2 assistance or acquiescence of an attorney for the state who
206-3 represented the state in the case.>
206-4 <(c) An offense under this section is a Class A misdemeanor.>
206-5 <Sec. 38.07.> Escape. (a) A person commits an offense if
206-6 he escapes from custody when he is:
206-7 (1) under arrest for, charged with, or convicted of an
206-8 offense; or
206-9 (2) in custody pursuant to a lawful order of a court.
206-10 (b) Except as provided in Subsections (c), <and> (d), and
206-11 (e) <of this section>, an offense under this section is a Class A
206-12 misdemeanor.
206-13 (c) An offense under this section is a felony of the third
206-14 degree if the actor:
206-15 (1) is under arrest for, charged with, or convicted of
206-16 a felony; or
206-17 (2) is confined in a secure correctional facility
206-18 <penal institution>.
206-19 (d) An offense under this section is a felony of the second
206-20 degree if the actor <used or threatened to use a deadly weapon> to
206-21 effect his escape causes bodily injury.
206-22 (e) An offense under this section is a felony of the first
206-23 degree if to effect his escape the actor:
206-24 (1) causes serious bodily injury; or
206-25 (2) uses or threatens to use a deadly weapon.
206-26 Sec. 38.07 <38.08>. Permitting or Facilitating Escape.
206-27 (a) An official or employee of a correctional facility <an
207-1 institution that is responsible for maintaining persons in custody>
207-2 commits an offense if he <intentionally,> knowingly<, or
207-3 recklessly> permits or facilitates the escape of a person in
207-4 custody.
207-5 (b) A person commits an offense if he <intentionally or>
207-6 knowingly causes or facilitates the escape of one who is in custody
207-7 pursuant to:
207-8 (1) an allegation or adjudication of delinquency; or
207-9 (2) <a statutory procedure authorizing> involuntary
207-10 commitment for mental illness under Subtitle C, Title 7, Health and
207-11 Safety Code, or for chemical dependency under Chapter 462, Health
207-12 and Safety Code<, alcoholism, or drug addiction>.
207-13 (c) Except as provided in Subsections <Subsection> (d) and
207-14 (e) <of this section>, an offense under this section is a Class A
207-15 misdemeanor.
207-16 (d) An offense under this section is a felony of the third
207-17 degree if<:>
207-18 <(1)> the person in custody:
207-19 (1) was under arrest for, charged with, or convicted
207-20 of a felony; or
207-21 (2) <the person in custody> was confined in a
207-22 correctional facility other than a secure correctional facility
207-23 after conviction of a felony.
207-24 (e) An offense under this section is a felony of the second
207-25 degree if:
207-26 (1) <penal institution;>
207-27 <(3)> the actor or the person in custody used or
208-1 threatened to use a deadly weapon to effect the escape; or
208-2 (2) <(4)> the person in custody was confined in a
208-3 secure correctional facility after conviction of a felony <offense
208-4 under Subsection (a) of this section was committed intentionally>.
208-5 Sec. 38.08 <38.09>. Effect of Unlawful Custody. It is no
208-6 defense to prosecution under Section 38.06 <38.07 (Escape)> or
208-7 38.07 <38.08 (Facilitating Escape) of this code> that the custody
208-8 was unlawful.
208-9 Sec. 38.09 <38.10>. Implements for Escape. (a) A person
208-10 commits an offense if, with intent to facilitate escape, he
208-11 introduces into a correctional facility <penal institution>, or
208-12 provides a person in custody or an inmate with, a deadly weapon or
208-13 anything that may be useful for escape.
208-14 (b) An offense under this section is a felony of the third
208-15 degree unless the actor introduced or provided a deadly weapon, in
208-16 which event the offense is a felony of the second degree.
208-17 Sec. 38.10 <38.11>. Bail Jumping and Failure to Appear.
208-18 (a) A person lawfully released from custody, with or without bail,
208-19 on condition that he subsequently appear commits an offense if he
208-20 intentionally or knowingly fails to appear in accordance with the
208-21 terms of his release.
208-22 (b) <This section does not apply to appearances incident to
208-23 probation or parole.>
208-24 <(c)> It is a defense to prosecution under this section that
208-25 the actor had a reasonable excuse for his failure to appear in
208-26 accordance with the terms of his release.
208-27 (c) <(d)> Except as provided in Subsections (d) and (e) <and
209-1 (f) of this section>, an offense under this section is a Class A
209-2 misdemeanor.
209-3 (d) <(e)> An offense under this section is a Class C
209-4 misdemeanor if the offense for which the actor's appearance was
209-5 required is punishable by fine only.
209-6 (e) <(f)> An offense under this section is a felony of the
209-7 third degree if the offense for which the actor's appearance was
209-8 required is classified as a felony.
209-9 Sec. 38.11 <38.111. FAILURE TO RETURN TO CUSTODY FOLLOWING
209-10 WORK RELEASE. (a) A person serving a sentence under Section 5 or
209-11 6, Article 42.03, Code of Criminal Procedure, commits an offense
209-12 if, having been released from custody as provided by either of
209-13 those sections, he fails to return to custody as required under the
209-14 terms of his sentence.>
209-15 <(b) An offense under this section is a Class A misdemeanor.>
209-16 <Sec. 38.112>. PROHIBITED SUBSTANCES IN CORRECTIONAL
209-17 FACILITIES. (a) A person commits an offense if the person
209-18 provides an alcoholic beverage, controlled substance, or dangerous
209-19 drug to an inmate or a defendant confined in <of> a correctional
209-20 facility <municipal or county jail, except on the prescription of a
209-21 physician>.
209-22 (b) A person commits an offense if the person, for purposes
209-23 other than delivery to a correctional facility warehouse, pharmacy,
209-24 or physician, takes an alcoholic beverage, <a> controlled
209-25 substance, or dangerous drug into:
209-26 (1) a <municipal or county jail or a> correctional
209-27 facility; or
210-1 (2) a <authorized by Subchapter F, Chapter 351, Local
210-2 Government Code except for delivery to a jail or> correctional
210-3 facility warehouse or<,> pharmacy<,> or that part of <physician.>
210-4 <(c) A person commits an offense if the person provides an
210-5 alcoholic beverage, controlled substance, or dangerous drug to an
210-6 inmate of the institutional division, except on the prescription of
210-7 a physician.>
210-8 <(d) A person commits an offense if the person takes a
210-9 controlled substance or dangerous drug into> a correctional
210-10 facility <authorized by Chapter 495, Government Code, or into the
210-11 confines of property owned by the institutional division and> used
210-12 or occupied by inmates or defendants<, except for delivery to an
210-13 institutional division or correctional facility warehouse,
210-14 pharmacy, or physician>.
210-15 (c) <(e)> A person commits an offense if the person
210-16 possesses an alcoholic beverage, <a> controlled substance, or
210-17 dangerous drug while in the confines of correctional facility
210-18 property <belonging to the institutional division>.
210-19 (d) <(f)> It is an affirmative defense to prosecution under
210-20 Subsection (c) <(e) of this section> that the person possessed the
210-21 alcoholic beverage, controlled substance, or dangerous drug
210-22 pursuant to a prescription issued by a practitioner or while
210-23 delivering the beverage, substance, or drug to a correctional
210-24 facility <an institutional division> warehouse, pharmacy, or
210-25 physician.
210-26 (e) A person who is subject to prosecution under this
210-27 section and either Chapter 481 or 483, Health and Safety Code, may
211-1 be prosecuted under this section or the appropriate chapter of the
211-2 Health and Safety Code.
211-3 (f) <(g)> In this section:
211-4 (1) <"Alcoholic beverage" has the meaning assigned by
211-5 Section 1.04(1), Alcoholic Beverage Code.>
211-6 <(2) "Controlled substance" has the meaning assigned
211-7 by Section 481.002, Health and Safety Code.>
211-8 <(3) "Dangerous drug" has the meaning assigned by
211-9 Section 483.001, Health and Safety Code.>
211-10 <(4) "Institutional division" means the institutional
211-11 division of the Texas Department of Criminal Justice.>
211-12 <(5)> "Practitioner" has the meaning assigned by
211-13 Section 481.002, Health and Safety Code.
211-14 (2) <(6)> "Prescription" has the meaning assigned by
211-15 Section 481.002, Health and Safety Code.
211-16 (g) <(h)> An offense under this section is a felony of the
211-17 third degree.
211-18 Sec. 38.12. Barratry. (a) A person commits an offense if,
211-19 with intent to obtain a <an economic> benefit or to harm another
211-20 <for himself>, he:
211-21 (1) institutes any suit or claim in which he knows he
211-22 has no interest;
211-23 (2) institutes any suit or claim that he knows is
211-24 false;
211-25 (3) solicits employment for himself or another to
211-26 prosecute or defend a suit or to collect a claim; or
211-27 (4) procures another to solicit for him or another
212-1 employment to prosecute or defend a suit or to collect a claim.
212-2 (b) <Intent to obtain an economic benefit is presumed if the
212-3 person accepts employment for a fee, accepts a fee, or accepts or
212-4 agrees to accept money or any economic benefit.>
212-5 <(c)> Except as provided by Subsection (c) <(d) of this
212-6 section>, an offense under Subsection (a) <of this section> is a
212-7 Class A misdemeanor.
212-8 (c) <(d)> An offense under Subsection (a)(3) or (a)(4) <of
212-9 this section> is a state jail felony <of the third degree> if it is
212-10 shown on the trial of the offense that<:>
212-11 <(1) the defendant has previously been convicted under
212-12 Subsection (a)(3) or (a)(4) of this section; and>
212-13 <(2)> the solicitation is performed in whole or in
212-14 part:
212-15 (1) <(A)> in a hospital, funeral establishment, or
212-16 public or private cemetery or at the scene of an accident;
212-17 (2) <(B)> by using a person who is an employee of:
212-18 (A) <(i)> this state;
212-19 (B) <(ii)> a political subdivision of this
212-20 state, including a county, municipality, or special purpose
212-21 district or authority; or
212-22 (C) <(iii)> a hospital or funeral establishment;
212-23 or
212-24 (3) <(C)> by impersonating a clergyman, public
212-25 employee, or emergency assistance worker or volunteer.
212-26 <(e) Final conviction of felony barratry is a serious crime
212-27 for all purposes and acts, specifically including the State Bar
213-1 Rules.>
213-2 Sec. 38.13. Hindering Proceedings by Disorderly Conduct.
213-3 (a) A person commits an offense if he intentionally hinders an
213-4 official proceeding by noise or violent or tumultuous behavior or
213-5 disturbance.
213-6 (b) A person commits an offense if he recklessly hinders an
213-7 official proceeding by noise or violent or tumultuous behavior or
213-8 disturbance and continues after explicit official request to
213-9 desist.
213-10 (c) An offense under this section is a Class A misdemeanor.
213-11 Sec. 38.14. <PREVENTING EXECUTION OF CIVIL PROCESS. (a) A
213-12 person commits an offense if he intentionally or knowingly prevents
213-13 the execution of any process in a civil cause.>
213-14 <(b) It is an exception to the application of this section
213-15 that the actor evaded service of process by avoiding detection.>
213-16 <(c) An offense under this section is a Class C misdemeanor.>
213-17 <Sec. 38.15. ><Tampering with Devices Designed to Prevent
213-18 Driving While Intoxicated><. (a) In this section, "device" means a
213-19 device approved by the Department of Public Safety under Section
213-20 23A(f), Chapter 173, Acts of the 47th Legislature, Regular Session,
213-21 1941 (Article 6687b, Vernon's Texas Civil Statutes), that makes
213-22 impractical the operation of a motor vehicle if ethyl alcohol is
213-23 detected in the breath of the operator.>
213-24 <(b) A person commits an offense if the person intentionally
213-25 or knowingly, for the purpose of allowing a person who is subject
213-26 to a condition of probation under Section 6f(b), Article 42.12,
213-27 Code of Criminal Procedure, or who is subject to driver's license
214-1 restrictions under Section 23A(f) or 25(a), Chapter 173, Acts of
214-2 the 47th Legislature, Regular Session, 1941 (Article 6687b,
214-3 Vernon's Texas Civil Statutes), to operate a motor vehicle whether
214-4 or not the person is intoxicated:>
214-5 <(1) tampers with a device; or>
214-6 <(2) introduces or allows to be introduced into the
214-7 device any substance other than the deep-lung air of the
214-8 probationer or restricted operator.>
214-9 <(c) An offense under this section is a Class B misdemeanor.>
214-10 <Sec. 38.16. ><Injury to or Interference With Animal Under
214-11 Supervision of Peace Officer or Department of Corrections Employee><.
214-12 (a) A person commits an offense if, knowing that a dog, horse, or
214-13 other animal is under the supervision of a peace officer,
214-14 corrections officer, or jailer and is being used for law
214-15 enforcement, corrections, prison or jail security, or investigative
214-16 purposes, the person knowingly, intentionally, or recklessly:>
214-17 <(1) interferes with the animal; or>
214-18 <(2) injures the animal.>
214-19 <(b) An offense under this section is a Class A misdemeanor.>
214-20 <Sec. 38.17.> TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
214-21 OFFICER. (a) In this section, "firearm", "nightstick", and
214-22 "chemical dispensing device" have <has> the meanings assigned by
214-23 Section 46.01 <of this code>.
214-24 (b) A person commits an offense if the person intentionally
214-25 or knowingly and with force takes or attempts to take from a peace
214-26 officer the officer's firearm, nightstick, or chemical dispensing
214-27 device with the intention of harming the officer or a third person.
215-1 (c) The actor is presumed to have known that the peace
215-2 officer was a peace officer if the officer was wearing a
215-3 distinctive uniform or badge indicating his employment, or if the
215-4 officer identified himself as a peace officer.
215-5 (d) It is a defense to prosecution under this section that
215-6 the defendant took or attempted to take the weapon from a peace
215-7 officer who was using force against the defendant or another in
215-8 excess of the amount of force permitted by law.
215-9 (e) An offense under this section is a state jail felony <of
215-10 the third degree>.
215-11 Sec. 38.15 <38.18>. Interference With Public Duties <of
215-12 Public Servants>. (a) A person commits an offense if the person
215-13 <intentionally, knowingly, recklessly, or> with criminal negligence
215-14 interrupts, disrupts, impedes, or otherwise interferes with:
215-15 (1) a peace officer while the peace officer is
215-16 performing a duty or exercising authority imposed or granted by
215-17 law;
215-18 (2) a person who is employed to provide emergency
215-19 medical services including the transportation of ill or injured
215-20 persons while the person is performing that duty; <or>
215-21 (3) a fire fighter, while the fire fighter is fighting
215-22 a fire or investigating the cause of a fire;
215-23 (4) an animal under the supervision of a peace
215-24 officer, corrections officer, or jailer, if the person knows the
215-25 animal is being used for law enforcement, corrections, prison or
215-26 jail security, or investigative purposes; or
215-27 (5) the transmission of a communication over a
216-1 citizen's band radio channel, the purpose of which communication is
216-2 to inform or inquire about an emergency.
216-3 (b) An offense under this section is a Class B misdemeanor.
216-4 (c) It is a defense to prosecution under Subsection (a)(1)
216-5 <of this section> that the conduct engaged in by the defendant was
216-6 intended to warn a person operating a motor vehicle of the presence
216-7 of a peace officer who was enforcing the provisions of the Uniform
216-8 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
216-9 Civil Statutes).
216-10 (d) It is a defense to prosecution under this section that
216-11 the interruption, disruption, impediment, or interference alleged
216-12 consisted of speech only.
216-13 (e) In this section, "emergency" means a condition or
216-14 circumstance in which an individual is or is reasonably believed by
216-15 the person transmitting the communication to be in imminent danger
216-16 of serious bodily injury or in which property is or is reasonably
216-17 believed by the person transmitting the communication to be in
216-18 imminent danger of damage or destruction.
216-19 Sec. 38.16. DUTY TO REPORT CRIMINAL OFFENSE. (a) A
216-20 superintendent of a school district or principal of a public
216-21 primary or secondary school commits an offense if the
216-22 superintendent or principal:
216-23 (1) knows or should have known that conduct
216-24 constituting a criminal offense occurred against the person or
216-25 property of an employee of the school district on the property of
216-26 the school district or at an event sponsored by the school
216-27 district; and
217-1 (2) fails to file in a timely manner an affidavit
217-2 under Article 21.22, Code of Criminal Procedure, alleging the
217-3 commission of an offense described by Subdivision (1).
217-4 (b) An offense under this section is a Class C misdemeanor.
217-5 (c) If the commissioner of education finds that a person has
217-6 been convicted more than once of an offense under this section, the
217-7 person is ineligible for employment as a superintendent or
217-8 principal before the first anniversary of the date of the finding.
217-9
217-10 CHAPTER 39. ABUSE OF OFFICE
217-11 Sec. 39.01. DEFINITIONS. In this chapter:
217-12 (1) "Law relating to a public servant's office or
217-13 employment" means a law that specifically applies to a person
217-14 acting in the capacity of a public servant and that directly or
217-15 indirectly:
217-16 (A) imposes a duty on the public servant; or
217-17 (B) governs the conduct of the public servant.
217-18 (2) "Misuse" means to deal with property contrary to:
217-19 (A) an agreement under which the public servant
217-20 holds the property;
217-21 (B) a contract of employment or oath of office
217-22 of a public servant;
217-23 (C) a law, including provisions of the General
217-24 Appropriations Act specifically relating to government property,
217-25 that prescribes the manner of custody or disposition of the
217-26 property; or
217-27 (D) a limited purpose for which the property is
218-1 delivered or received.
218-2 Sec. 39.02. ABUSE OF OFFICIAL CAPACITY <MISCONDUCT>. (a) A
218-3 public servant commits an offense if, with intent to obtain a
218-4 benefit or with intent to harm or defraud another, he intentionally
218-5 or knowingly:
218-6 (1) violates a law relating to the public servant's
218-7 <his> office or employment; or
218-8 (2) misuses government property, services, personnel,
218-9 or <misapplies> any other thing of value belonging to the
218-10 government that has come into the public servant's <his> custody or
218-11 possession by virtue of the public servant's <his> office or
218-12 employment.
218-13 (b) An offense under Subsection (a)(1) <of this section> is
218-14 a Class A misdemeanor.
218-15 (c) An offense under Subsection (a)(2) <of this section> is:
218-16 (1) <a Class C misdemeanor if the value of the use of
218-17 the thing misapplied is less than $20;>
218-18 <(2)> a Class B misdemeanor if the value of the use of
218-19 the thing misused <misapplied> is <$20 or more but> less than $500
218-20 <$200>;
218-21 (2) <(3)> a Class A misdemeanor if the value of the
218-22 use of the thing misused <misapplied> is $500 <$200> or more but
218-23 less than $1,500 <$750>;
218-24 (3) <(4)> a state jail felony <of the third degree> if
218-25 the value of the use of the thing misused <misapplied> is $1,500
218-26 <$750> or more but less than $20,000;
218-27 (4) a felony of the third degree if the value of the
219-1 use of the thing misused is $20,000 or more but less than $100,000;
219-2 <and>
219-3 (5) a felony of the second degree if the value of the
219-4 use of the thing misused <misapplied> is $100,000 <$20,000> or more
219-5 but less than $200,000; or
219-6 (6) a felony of the first degree if the value of the
219-7 use of the thing misused is $200,000 or more.
219-8 Sec. 39.03 <39.02>. Official Oppression. (a) A public
219-9 servant acting under color of his office or employment commits an
219-10 offense if he:
219-11 (1) intentionally subjects another to mistreatment or
219-12 to arrest, detention, search, seizure, dispossession, assessment,
219-13 or lien that he knows is unlawful;
219-14 (2) intentionally denies or impedes another in the
219-15 exercise or enjoyment of any right, privilege, power, or immunity,
219-16 knowing his conduct is unlawful; or
219-17 (3) intentionally subjects another to sexual
219-18 harassment.
219-19 (b) For purposes of this section, a public servant acts
219-20 under color of his office or employment if he acts or purports to
219-21 act in an official capacity or takes advantage of such actual or
219-22 purported capacity.
219-23 (c) In this section, "sexual harassment" means unwelcome
219-24 sexual advances, requests for sexual favors, or other verbal or
219-25 physical conduct of a sexual nature, submission to which is made a
219-26 term or condition of a person's exercise or enjoyment of any right,
219-27 privilege, power, or immunity, either explicitly or implicitly.
220-1 (d) An offense under this section is a Class A misdemeanor.
220-2 Sec. 39.04 <39.021>. VIOLATIONS OF THE CIVIL RIGHTS OF
220-3 PERSON IN CUSTODY <A PRISONER>. (a) An official or employee of <A
220-4 jailer or guard employed at a municipal or county jail, by the
220-5 Texas Department of Corrections, or by> a correctional facility
220-6 <authorized by Article 5115d, Revised Statutes, or Article 6166g-2,
220-7 Revised Statutes,> or a peace officer commits an offense if he<:>
220-8 <(1)> intentionally <subjects a person in custody to
220-9 bodily injury knowing his conduct is unlawful;>
220-10 <(2) willfully> denies or impedes a person in custody
220-11 in the exercise or enjoyment of any right, privilege, or immunity
220-12 knowing his conduct is unlawful.
220-13 (b) An offense under this section is a Class A misdemeanor
220-14 <felony of the third degree. An offense under this section is a
220-15 felony of the second degree if serious bodily injury occurs or a
220-16 felony of the first degree if death occurs>.
220-17 (c) This section shall not preclude prosecution for any
220-18 other offense set out in this code.
220-19 (d) The Attorney General of Texas shall have concurrent
220-20 jurisdiction with law enforcement agencies to investigate
220-21 violations of this statute involving serious bodily injury or
220-22 death.
220-23 (e) In this section, "custody" means the detention, arrest,
220-24 or confinement of a person.
220-25 Sec. 39.05 <39.022>. Failure to Report Death of Prisoner.
220-26 (a) A person commits an offense if the person is required to
220-27 conduct an investigation and file a report by Article 49.18
221-1 <49.08(b)>, Code of Criminal Procedure, <1965,> and the person
221-2 fails to investigate the death, fails to file the report as
221-3 required, or fails to include in a filed report facts known or
221-4 discovered in the investigation.
221-5 (b) An offense under this section is a Class B misdemeanor.
221-6 Sec. 39.06 <39.03>. Misuse of Official Information. (a) A
221-7 public servant commits an offense if, in reliance on information to
221-8 which he has access by virtue of his office or employment <in his
221-9 official capacity> and that <which> has not been made public, he:
221-10 (1) acquires or aids another to acquire a pecuniary
221-11 interest in any property, transaction, or enterprise that may be
221-12 affected by the information; or
221-13 (2) speculates or aids another to speculate on the
221-14 basis of the information.
221-15 (b) A public servant <who is a judge, justice, intern,
221-16 participant in a court-approved history project, or employee of an
221-17 appellate court> commits an offense if with intent to obtain a
221-18 benefit or with intent to harm or defraud another, he discloses or
221-19 uses information for a nongovernmental purpose that:
221-20 (1) he has access to by means of his office or
221-21 employment; and
221-22 (2) has not been made public <he intentionally or
221-23 knowingly reveals the result or content of a proposed or actual
221-24 appellate judicial decision or opinion to any person other than a
221-25 judge, justice, or employee, intern, or participant in a
221-26 court-approved history project under suitable supervision of the
221-27 same appellate court prior to its release as a public record or
222-1 announcement to all parties of interest on an equal basis>.
222-2 (c) A person commits an offense if, with intent to obtain a
222-3 benefit or with intent to harm or defraud another, he
222-4 <intentionally or knowingly> solicits or receives from a public
222-5 servant information that:
222-6 (1) the public servant has access to by means of his
222-7 office or employment; and
222-8 (2) has not been made public <the result or content of
222-9 a proposed or actual appellate judicial decision or opinion prior
222-10 to the rendition of judgment, when the person knows that the
222-11 content or result of such order or opinion has not been disclosed
222-12 to the opposing party or parties>.
222-13 (d) In this section, "information that has not been made
222-14 public" means any information to which the public does not
222-15 generally have access, and that is prohibited from disclosure under
222-16 Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
222-17 (Article 6252-17a, Vernon's Texas Civil Statutes).
222-18 (e) An offense under this section is a felony of the third
222-19 degree.
222-20 TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
222-21 CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
222-22 Sec. 42.01. Disorderly Conduct. (a) A person commits an
222-23 offense if he intentionally or knowingly:
222-24 (1) uses abusive, indecent, profane, or vulgar
222-25 language in a public place, and the language by its very utterance
222-26 tends to incite an immediate breach of the peace;
222-27 (2) makes an offensive gesture or display in a public
223-1 place, and the gesture or display tends to incite an immediate
223-2 breach of the peace;
223-3 (3) creates, by chemical means, a noxious and
223-4 unreasonable odor in a public place;
223-5 (4) abuses or threatens a person in a public place in
223-6 an obviously offensive manner;
223-7 (5) makes unreasonable noise in a public place other
223-8 than a sport shooting range, as defined by Section 250.001, Local
223-9 Government Code, or in or near a private residence that he has no
223-10 right to occupy;
223-11 (6) fights with another in a public place;
223-12 (7) enters on the property of another and for a lewd
223-13 or unlawful purpose looks into a dwelling on the property through
223-14 any window or other opening in the dwelling;
223-15 (8) while on the premises of a hotel or comparable
223-16 establishment, for a lewd or unlawful purpose looks into a guest
223-17 room not his own through a window or other opening in the room;
223-18 (9) discharges a firearm in a public place other than
223-19 a public road or a sport shooting range, as defined by Section
223-20 250.001, Local Government Code;
223-21 (10) displays a firearm or other deadly weapon in a
223-22 public place in a manner calculated to alarm;
223-23 (11) discharges a firearm on or across a public road;
223-24 or
223-25 (12) exposes his anus or genitals in a public place
223-26 and is reckless about whether another may be present who will be
223-27 offended or alarmed by his act.
224-1 (b) It is a defense to prosecution under Subsection (a)(4)
224-2 <of this section> that the actor had significant provocation for
224-3 his abusive or threatening conduct.
224-4 (c) For purposes of this section, an act is deemed to occur
224-5 in a public place or near a private residence if it produces its
224-6 offensive or proscribed consequences in the public place or near a
224-7 private residence.
224-8 (d) An offense under this section is a Class C misdemeanor
224-9 unless committed under Subsection (a)(9) or (a)(10) <of this
224-10 section>, in which event it is a Class B misdemeanor; and further
224-11 provide that a person who violates Subsection (a)(11) is guilty of
224-12 a misdemeanor and on a first conviction is punishable by a fine of
224-13 not less than $25 nor more than $200, on a second conviction is
224-14 punishable by a fine of not less than $200 nor more than $500, and
224-15 on a third or subsequent conviction is punishable by a fine of
224-16 $500.
224-17 Sec. 42.02. Riot. (a) For the purpose of this section,
224-18 "riot" means the assemblage of seven or more persons resulting in
224-19 conduct which:
224-20 (1) creates an immediate danger of damage to property
224-21 or injury to persons;
224-22 (2) substantially obstructs law enforcement or other
224-23 governmental functions or services; or
224-24 (3) by force, threat of force, or physical action
224-25 deprives any person of a legal right or disturbs any person in the
224-26 enjoyment of a legal right.
224-27 (b) A person commits an offense if he knowingly participates
225-1 in a riot.
225-2 (c) It is a defense to prosecution under this section that
225-3 the assembly was at first lawful and when one of those assembled
225-4 manifested an intent to engage in conduct enumerated in Subsection
225-5 (a) <of this section>, the actor retired from the assembly.
225-6 (d) It is no defense to prosecution under this section that
225-7 another who was a party to the riot has been acquitted, has not
225-8 been arrested, prosecuted, or convicted, has been convicted of a
225-9 different offense or of a different type or class of offense, or is
225-10 immune from prosecution.
225-11 (e) Except as provided in Subsection (f) <of this section>,
225-12 an offense under this section is a Class B misdemeanor.
225-13 (f) An offense under this section is an offense of the same
225-14 classification as any offense of a higher grade committed by anyone
225-15 engaged in the riot if the offense was:
225-16 (1) in the furtherance of the purpose of the assembly;
225-17 or
225-18 (2) an offense which should have been anticipated as a
225-19 result of the assembly.
225-20 Sec. 42.03. Obstructing Highway or Other Passageway. (a) A
225-21 person commits an offense if, without legal privilege or authority,
225-22 he intentionally, knowingly, or recklessly:
225-23 (1) obstructs a highway, street, sidewalk, railway,
225-24 waterway, elevator, aisle, hallway, entrance, or exit to which the
225-25 public or a substantial group of the public has access, or any
225-26 other place used for the passage of persons, vehicles, or
225-27 conveyances, regardless of the means of creating the obstruction
226-1 and whether the obstruction arises from his acts alone or from his
226-2 acts and the acts of others; or
226-3 (2) disobeys a reasonable request or order to move
226-4 issued by a person the actor knows to be or is informed is a peace
226-5 officer, a fireman, or a person with authority to control the use
226-6 of the premises:
226-7 (A) to prevent obstruction of a highway or any
226-8 of those areas mentioned in Subdivision (1) <of this subsection>;
226-9 or
226-10 (B) to maintain public safety by dispersing
226-11 those gathered in dangerous proximity to a fire, riot, or other
226-12 hazard.
226-13 (b) For purposes of this section, "obstruct" means to render
226-14 impassable or to render passage unreasonably inconvenient or
226-15 hazardous.
226-16 (c) An offense under this section is a Class B misdemeanor.
226-17 Sec. 42.04. Defense When Conduct Consists of Speech or Other
226-18 Expression. (a) If conduct that would otherwise violate Section
226-19 42.01(a)(5) (Unreasonable Noise) or 42.03 (Obstructing Passageway)
226-20 <of this code> consists of speech or other communication, of
226-21 gathering with others to hear or observe such speech or
226-22 communication, or of gathering with others to picket or otherwise
226-23 express in a nonviolent manner a position on social, economic,
226-24 political, or religious questions, the actor must be ordered to
226-25 move, disperse, or otherwise remedy the violation prior to his
226-26 arrest if he has not yet intentionally harmed the interests of
226-27 others which those sections seek to protect.
227-1 (b) The order required by this section may be given by a
227-2 peace officer, a fireman, a person with authority to control the
227-3 use of the premises, or any person directly affected by the
227-4 violation.
227-5 (c) It is a defense to prosecution under Section 42.01(a)(5)
227-6 or 42.03 <of this code>:
227-7 (1) that in circumstances in which this section
227-8 requires an order no order was given;
227-9 (2) that an order, if given, was manifestly
227-10 unreasonable in scope; or
227-11 (3) that an order, if given, was promptly obeyed.
227-12 Sec. 42.05. Disrupting Meeting or Procession. (a) A person
227-13 commits an offense if, with intent to prevent or disrupt a lawful
227-14 meeting, procession, or gathering, he obstructs or interferes with
227-15 the meeting, procession, or gathering by physical action or verbal
227-16 utterance.
227-17 (b) An offense under this section is a Class B misdemeanor.
227-18 Sec. 42.06. False Alarm or Report. (a) A person commits an
227-19 offense if he knowingly initiates, communicates or circulates a
227-20 report of a present, past, or future bombing, fire, offense, or
227-21 other emergency that he knows is false or baseless and that would
227-22 ordinarily:
227-23 (1) cause action by an official or volunteer agency
227-24 organized to deal with emergencies;
227-25 (2) place a person in fear of imminent serious bodily
227-26 injury; or
227-27 (3) prevent or interrupt the occupation of a building,
228-1 room, place of assembly, place to which the public has access, or
228-2 aircraft, automobile, or other mode of conveyance.
228-3 (b) An offense under this section is a Class A misdemeanor
228-4 unless the false report is of an emergency involving public
228-5 communications, public transportation, public water, gas, or power
228-6 supply or other public service, in which event the offense is a
228-7 state jail felony <of the third degree>.
228-8 Sec. 42.061. Silent or Abusive Calls to 9-1-1 Service.
228-9 (a) In this section "9-1-1 service" and "public safety answering
228-10 point" or "PSAP" have the meanings assigned by Section 772.001,
228-11 Health and Safety Code.
228-12 (b) A person commits an offense if the person makes a
228-13 telephone call to 9-1-1 when there is not an emergency and
228-14 knowingly or intentionally:
228-15 (1) remains silent; or
228-16 (2) makes abusive or harassing statements to a PSAP
228-17 employee.
228-18 (c) A person commits an offense if the person knowingly
228-19 permits a telephone under the person's control to be used by
228-20 another person in a manner described in Subsection (b) <of this
228-21 section>.
228-22 (d) An offense under this section is a Class B misdemeanor<,
228-23 unless it is shown on the trial of a defendant that the defendant
228-24 has been previously convicted under this section, in which event
228-25 the offense is a Class A misdemeanor>.
228-26 Sec. 42.07. HARASSMENT. (a) A person commits an offense
228-27 if, with intent to harass, annoy, alarm, abuse, torment, or
229-1 embarrass another, he:
229-2 (1) initiates communication by telephone or in writing
229-3 and in the course of the communication makes a comment, request,
229-4 suggestion, or proposal that is obscene;
229-5 (2) threatens, by telephone or in writing, in a manner
229-6 reasonably likely to alarm the person receiving the threat, to
229-7 inflict bodily injury on the person or to commit a felony against
229-8 the person, a member of his family, or his property;
229-9 (3) conveys, in a manner reasonably likely to alarm
229-10 the person receiving the report, a false report, which is known by
229-11 the conveyor to be false, that another person has suffered death or
229-12 serious bodily injury;
229-13 (4) causes the telephone of another to ring repeatedly
229-14 or makes repeated telephone communications anonymously or in a
229-15 manner reasonably likely to harass, annoy, alarm, abuse, torment,
229-16 embarrass, or offend another;
229-17 (5) makes a telephone call and intentionally fails to
229-18 hang up or disengage the connection;
229-19 (6) knowingly permits a telephone under his control to
229-20 be used by a person to commit an offense under this section; or
229-21 (7)(A) on more than one occasion engages in conduct
229-22 directed specifically toward the other person, including following
229-23 that person, that is reasonably likely to harass, annoy, alarm,
229-24 abuse, torment, or embarrass that person;
229-25 (B) on at least one of those occasions by acts
229-26 or words threatens to inflict bodily injury on that person or to
229-27 commit an offense against that person, a member of that person's
230-1 family, or that person's property; and
230-2 (C) on at least one of those occasions engages
230-3 in the conduct after the person toward whom the conduct is
230-4 specifically directed has reported to a law enforcement agency the
230-5 conduct described by this subdivision.
230-6 (b) For purposes of Subsection (a)(1) <of this section>,
230-7 "obscene" means containing a patently offensive description of or a
230-8 solicitation to commit an ultimate sex act, including sexual
230-9 intercourse, masturbation, cunnilingus, fellatio, or anilingus, or
230-10 a description of an excretory function. In this section, "family"
230-11 has the meaning assigned by Section 71.01, Family Code.
230-12 (c) An offense under Subsections (a)(1)-(a)(6) <of this
230-13 section> is a Class B misdemeanor.
230-14 (d) An offense under Subsection (a)(7) <of this section> is
230-15 a Class A misdemeanor, except that the offense is a felony of the
230-16 third degree if the actor has previously been convicted under
230-17 Subsection (a)(7) <of this section>.
230-18 (e) It is an affirmative defense to prosecution under
230-19 Subsection (a)(7) <of this section> that the actor was engaged in
230-20 conduct that consisted of activity in support of constitutionally
230-21 or statutorily protected rights.
230-22 Sec. 42.08. <PUBLIC INTOXICATION. (a) An individual
230-23 commits an offense if the individual appears in a public place
230-24 under the influence of alcohol or any other substance, to the
230-25 degree that the individual may endanger himself or another.>
230-26 <(b) In lieu of arresting an individual who commits an
230-27 offense under Subsection (a) of this section, a peace officer may
231-1 release an individual if:>
231-2 <(1) the officer believes detention in a penal
231-3 facility is unnecessary for the protection of the individual or
231-4 others; and>
231-5 <(2) the individual:>
231-6 <(A) is released to the care of an adult who
231-7 agrees to assume responsibility for the individual; or>
231-8 <(B) verbally consents to voluntary treatment
231-9 for chemical dependency in a program in a treatment facility
231-10 licensed and approved by the Texas Commission on Alcohol and Drug
231-11 Abuse, and the program admits the individual for treatment.>
231-12 <(c) A magistrate may release from custody an individual
231-13 arrested under this section if the magistrate determines the
231-14 individual meets the conditions required for release in lieu of
231-15 arrest under Subsection (b) of this section.>
231-16 <(d) The release of an individual under Subsection (b) or
231-17 (c) of this section to an alcohol or drug treatment program may not
231-18 be considered by a peace officer or magistrate in determining
231-19 whether the individual should be released to such a program for a
231-20 subsequent incident or arrest under this section.>
231-21 <(e) A peace officer and the agency or political subdivision
231-22 that employs the peace officer may not be held liable for damage to
231-23 persons or property that results from the actions of an individual
231-24 released under Subsection (b) or (c) of this section.>
231-25 <(f) It is a defense to prosecution under this section that
231-26 the alcohol or other substance was administered for therapeutic
231-27 purposes and as a part of the individual's professional medical
232-1 treatment by a licensed physician.>
232-2 <(g) An offense under this section is not a lesser included
232-3 offense of an offense under Article 6701l-1, Revised Statutes.>
232-4 <(h) An offense under this section is a Class C misdemeanor.>
232-5 <Sec. 42.09. DESECRATION OF VENERATED OBJECT. (a) A person
232-6 commits an offense if he intentionally or knowingly desecrates:>
232-7 <(1) a public monument; or>
232-8 <(2) a place of worship or burial.>
232-9 <(b) For purposes of this section, "desecrate" means deface,
232-10 damage, or otherwise physically mistreat in a way that the actor
232-11 knows will seriously offend one or more persons likely to observe
232-12 or discover his action.>
232-13 <(c) Except as provided by Subsection (d) of this section,
232-14 an offense under this section is a Class A misdemeanor.>
232-15 <(d) An offense under this section is a felony of the third
232-16 degree if a place of worship or burial is desecrated.>
232-17 <Sec. 42.10.> Abuse of Corpse. (a) A person commits an
232-18 offense if, not authorized by law, he intentionally or knowingly:
232-19 (1) disinters, disturbs, removes, dissects, in whole
232-20 or in part, carries away, or treats in a seriously offensive manner
232-21 a human corpse;
232-22 (2) conceals a human corpse knowing it to be illegally
232-23 disinterred;
232-24 (3) sells or buys a human corpse or in any way
232-25 traffics in a human corpse; or
232-26 (4) transmits or conveys, or procures to be
232-27 transmitted or conveyed, a human corpse to a place outside the
233-1 state.
233-2 (b) An offense under this section is a Class A misdemeanor.
233-3 Sec. 42.09 <42.11>. Cruelty to Animals. (a) A person
233-4 commits an offense if he intentionally or knowingly:
233-5 (1) tortures or seriously overworks an animal;
233-6 (2) fails unreasonably to provide necessary food,
233-7 care, or shelter for an animal in his custody;
233-8 (3) abandons unreasonably an animal in his custody;
233-9 (4) transports or confines an animal in a cruel
233-10 manner;
233-11 (5) kills, injures, or administers poison to an
233-12 animal, other than cattle, horses, sheep, swine, or goats,
233-13 belonging to another without legal authority or the owner's
233-14 effective consent;
233-15 (6) causes one animal to fight with another; or
233-16 (7) uses a live animal as a lure in dog race training
233-17 or in dog coursing on a racetrack.
233-18 (b) It is a defense to prosecution under this section that
233-19 the actor was engaged in bona fide experimentation for scientific
233-20 research.
233-21 (c) For purposes of this section, "animal" means a
233-22 domesticated living creature and wild living creature previously
233-23 captured. "Animal" does not include an uncaptured wild creature or
233-24 a wild creature whose capture was accomplished by conduct at issue
233-25 under this section.
233-26 (d) An offense under this section is a Class A misdemeanor.
233-27 (e) It is a defense to prosecution under Subsection (a)(5)
234-1 <of this section> that the animal was discovered on the person's
234-2 property in the act of or immediately after injuring or killing the
234-3 person's goats, sheep, cattle, horses, swine, or poultry and that
234-4 the person killed or injured the animal at the time of this
234-5 discovery.
234-6 Sec. 42.10 <42.111>. Dog Fighting. (a) A person commits an
234-7 offense if he intentionally or knowingly:
234-8 (1) causes a dog to fight with another dog;
234-9 (2) for a pecuniary benefit causes a dog to fight with
234-10 another dog;
234-11 (3) participates in the earnings of or operates a
234-12 facility used for dog fighting;
234-13 (4) uses or permits another to use any real estate,
234-14 building, room, tent, arena, or other property for dog fighting;
234-15 (5) owns or trains a dog with the intent that the dog
234-16 be used in an exhibition of dog fighting; or
234-17 (6) attends as a spectator an exhibition of dog
234-18 fighting.
234-19 (b) In this section, "dog fighting" means any situation in
234-20 which one dog attacks or fights with another dog.
234-21 (c) A party to an offense under Subdivision (2), (3), or (4)
234-22 of Subsection (a) <of this section> may be required to furnish
234-23 evidence or testify about the offense but may not be prosecuted for
234-24 the offense about which he is required to furnish evidence or
234-25 testify.
234-26 (d) A conviction under Subdivision (2), (3), or (4) of
234-27 Subsection (a) <of this section> may be had upon the uncorroborated
235-1 testimony of a party to the offense.
235-2 (e) It is a defense to prosecution under Subdivision (1) or
235-3 (2) of Subsection (a) <of this section> that the actor caused a dog
235-4 to fight with another dog to protect livestock, other property, or
235-5 a person from the other dog, and for no other purpose.
235-6 (f) An offense under Subdivision (1) or (5) of Subsection
235-7 (a) <of this section> is a Class A misdemeanor. An offense under
235-8 Subdivision (2), (3), or (4) of Subsection (a) <of this section> is
235-9 a state jail felony <of the third degree>. An offense under
235-10 Subdivision (6) of Subsection (a) <of this section> is a Class C
235-11 misdemeanor.
235-12 <Sec. 42.13. ><Interference with Emergency Communication><.
235-13 (a) A person commits an offense if the person intentionally,
235-14 knowingly, recklessly, or with criminal negligence interrupts,
235-15 disrupts, impedes, or otherwise interferes with the transmission of
235-16 a communication over a citizen's band radio channel, the purpose of
235-17 which communication is to inform or inquire about an emergency.>
235-18 <(b) In this section, "emergency" means a condition or
235-19 circumstance in which an individual is or is reasonably believed
235-20 by the person transmitting the communication to be in imminent
235-21 danger of serious bodily injury or in which property is or is
235-22 reasonably believed by the person transmitting the communication to
235-23 be in imminent danger of damage or destruction.>
235-24 <(c) An offense under this section is a Class B misdemeanor
235-25 unless, as a result of the commission of the offense, serious
235-26 bodily injury or property loss in excess of $1,000 occurs, in which
235-27 event the offense is a felony of the third degree.>
236-1 Sec. 42.11 <42.14>. Destruction of Flag. (a) A person
236-2 commits an offense if the person intentionally or knowingly
236-3 damages, defaces, mutilates, or burns the flag of the United States
236-4 or the State of Texas.
236-5 (b) In this section, "flag" means an emblem, banner, or
236-6 other standard or a copy of an emblem, standard, or banner that is
236-7 an official or commonly recognized depiction of the flag of the
236-8 United States or of this state and is capable of being flown from a
236-9 staff of any character or size. The term does not include a
236-10 representation of a flag on a written or printed document, a
236-11 periodical, stationery, a painting or photograph, or an article of
236-12 clothing or jewelry.
236-13 (c) It is an exception to the application of this section
236-14 that the act that would otherwise constitute an offense is done in
236-15 conformity with statutes of the United States or of this state
236-16 relating to the proper disposal of damaged flags.
236-17 (d) An offense under this section is a Class A misdemeanor.
236-18 CHAPTER 43. PUBLIC INDECENCY
236-19 SUBCHAPTER A. PROSTITUTION
236-20 Sec. 43.01. DEFINITIONS. In this subchapter:
236-21 (1) "Deviate sexual intercourse" means any contact
236-22 between the genitals of one person and the mouth or anus of another
236-23 person.
236-24 (2) "Prostitution" means the offense defined in
236-25 Section 43.02 <of this code>.
236-26 (3) "Sexual contact" means any touching of the anus,
236-27 breast, or any part of the genitals of another person with intent
237-1 to arouse or gratify the sexual desire of any person.
237-2 (4) "Sexual conduct" includes deviate sexual
237-3 intercourse, sexual contact, and sexual intercourse.
237-4 (5) "Sexual intercourse" means any penetration of the
237-5 female sex organ by the male sex organ.
237-6 Sec. 43.02. PROSTITUTION. (a) A person commits an offense
237-7 if he knowingly:
237-8 (1) offers to engage, agrees to engage, or engages in
237-9 sexual conduct for a fee; or
237-10 (2) solicits another in a public place to engage with
237-11 him in sexual conduct for hire.
237-12 (b) An offense is established under Subsection (a)(1) <of
237-13 this section> whether the actor is to receive or pay a fee. An
237-14 offense is established under Subsection (a)(2) <of this section>
237-15 whether the actor solicits a person to hire him or offers to hire
237-16 the person solicited.
237-17 (c) An offense under this section is a Class B misdemeanor,
237-18 unless the actor has been convicted previously under this section,
237-19 in which event it is a Class A misdemeanor.
237-20 Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person
237-21 commits an offense if, acting other than as a prostitute receiving
237-22 compensation for personally rendered prostitution services, he or
237-23 she knowingly:
237-24 (1) receives money or other property pursuant to an
237-25 agreement to participate in the proceeds of prostitution; or
237-26 (2) solicits another to engage in sexual conduct with
237-27 another person for compensation.
238-1 (b) An offense under this section is a Class A misdemeanor.
238-2 Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A
238-3 person commits an offense if he knowingly owns, invests in,
238-4 finances, controls, supervises, or manages a prostitution
238-5 enterprise that uses two or more prostitutes.
238-6 (b) An offense under this section is a felony of the third
238-7 degree.
238-8 Sec. 43.05. COMPELLING PROSTITUTION. (a) A person commits
238-9 an offense if he knowingly:
238-10 (1) causes another by force, threat, or fraud to
238-11 commit prostitution; or
238-12 (2) causes by any means a person younger than 17 years
238-13 to commit prostitution.
238-14 (b) An offense under this section is a felony of the second
238-15 degree.
238-16 Sec. 43.06. ACCOMPLICE WITNESS: TESTIMONY AND IMMUNITY.
238-17 (a) A party to an offense under this subchapter may be required to
238-18 furnish evidence or testify about the offense.
238-19 (b) A party to an offense under this subchapter may not be
238-20 prosecuted for any offense about which he is required to furnish
238-21 evidence or testify, and the evidence and testimony may not be used
238-22 against the party in any adjudicatory proceeding except a
238-23 prosecution for aggravated perjury.
238-24 (c) For purposes of this section, "adjudicatory proceeding"
238-25 means a proceeding before a court or any other agency of government
238-26 in which the legal rights, powers, duties, or privileges of
238-27 specified parties are determined.
239-1 (d) A conviction under this subchapter may be had upon the
239-2 uncorroborated testimony of a party to the offense.
239-3 (Sections 43.07 to 43.20 reserved for expansion)
239-4 SUBCHAPTER B. OBSCENITY
239-5 Sec. 43.21. DEFINITIONS. (a) In this subchapter:
239-6 (1) "Obscene" means material or a performance that:
239-7 (A) the average person, applying contemporary
239-8 community standards, would find that taken as a whole appeals to
239-9 the prurient interest in sex;
239-10 (B) depicts or describes:
239-11 (i) patently offensive representations or
239-12 descriptions of ultimate sexual acts, normal or perverted, actual
239-13 or simulated, including sexual intercourse, sodomy, and sexual
239-14 bestiality; or
239-15 (ii) patently offensive representations or
239-16 descriptions of masturbation, excretory functions, sadism,
239-17 masochism, lewd exhibition of the genitals, the male or female
239-18 genitals in a state of sexual stimulation or arousal, covered male
239-19 genitals in a discernibly turgid state or a device designed and
239-20 marketed as useful primarily for stimulation of the human genital
239-21 organs; and
239-22 (C) taken as a whole, lacks serious literary,
239-23 artistic, political, and scientific value.
239-24 (2) "Material" means anything tangible that is capable
239-25 of being used or adapted to arouse interest, whether through the
239-26 medium of reading, observation, sound, or in any other manner, but
239-27 does not include an actual three dimensional obscene device.
240-1 (3) "Performance" means a play, motion picture, dance,
240-2 or other exhibition performed before an audience.
240-3 (4) "Patently offensive" means so offensive on its
240-4 face as to affront current community standards of decency.
240-5 (5) "Promote" means to manufacture, issue, sell, give,
240-6 provide, lend, mail, deliver, transfer, transmit, publish,
240-7 distribute, circulate, disseminate, present, exhibit, or advertise,
240-8 or to offer or agree to do the same.
240-9 (6) "Wholesale promote" means to manufacture, issue,
240-10 sell, provide, mail, deliver, transfer, transmit, publish,
240-11 distribute, circulate, disseminate, or to offer or agree to do the
240-12 same for purpose of resale.
240-13 (7) "Obscene device" means a device including a dildo
240-14 or artificial vagina, designed or marketed as useful primarily for
240-15 the stimulation of human genital organs.
240-16 (b) If any of the depictions or descriptions of sexual
240-17 conduct described in this section are declared by a court of
240-18 competent jurisdiction to be unlawfully included herein, this
240-19 declaration shall not invalidate this section as to other patently
240-20 offensive sexual conduct included herein.
240-21 Sec. 43.22. OBSCENE DISPLAY OR DISTRIBUTION. (a) A person
240-22 commits an offense if he intentionally or knowingly displays or
240-23 distributes an obscene photograph, drawing, or similar visual
240-24 representation or other obscene material and is reckless about
240-25 whether a person is present who will be offended or alarmed by the
240-26 display or distribution.
240-27 (b) An offense under this section is a Class C misdemeanor.
241-1 Sec. 43.23. OBSCENITY. (a) A person commits an offense if,
241-2 knowing its content and character, he wholesale promotes or
241-3 possesses with intent to wholesale promote any obscene material or
241-4 obscene device.
241-5 (b) An offense under Subsection (a) <of this section> is a
241-6 state jail felony <of the third degree>.
241-7 (c) A person commits an offense if, knowing its content and
241-8 character, he:
241-9 (1) promotes or possesses with intent to promote any
241-10 obscene material or obscene device; or
241-11 (2) produces, presents, or directs an obscene
241-12 performance or participates in a portion thereof that is obscene or
241-13 that contributes to its obscenity.
241-14 (d) An offense under Subsection (c) <of this section> is a
241-15 Class A misdemeanor.
241-16 (e) A person who promotes or wholesale promotes obscene
241-17 material or an obscene device or possesses the same with intent to
241-18 promote or wholesale promote it in the course of his business is
241-19 presumed to do so with knowledge of its content and character.
241-20 (f) A person who possesses six or more obscene devices or
241-21 identical or similar obscene articles is presumed to possess them
241-22 with intent to promote the same.
241-23 (g) It is an affirmative defense to prosecution under this
241-24 section that the <This section does not apply to a> person who
241-25 possesses or promotes <distributes obscene> material or a device
241-26 proscribed <obscene devices or participates in conduct otherwise
241-27 prescribed> by this section does so for a bona fide medical,
242-1 psychiatric, judicial, legislative, <when the possession,
242-2 participation,> or <conduct occurs in the course of> law
242-3 enforcement purpose <activities>.
242-4 Sec. 43.24. Sale, Distribution, or Display of Harmful
242-5 Material to Minor. (a) For purposes of this section:
242-6 (1) "Minor" means an individual younger than 17 years.
242-7 (2) "Harmful material" means material whose dominant
242-8 theme taken as a whole:
242-9 (A) appeals to the prurient interest of a minor,
242-10 in sex, nudity, or excretion;
242-11 (B) is patently offensive to prevailing
242-12 standards in the adult community as a whole with respect to what is
242-13 suitable for minors; and
242-14 (C) is utterly without redeeming social value
242-15 for minors.
242-16 (b) A person commits an offense if, knowing that the
242-17 material is harmful:
242-18 (1) and knowing the person is a minor, he sells,
242-19 distributes, exhibits, or possesses for sale, distribution, or
242-20 exhibition to a minor harmful material;
242-21 (2) he displays harmful material and is reckless about
242-22 whether a minor is present who will be offended or alarmed by the
242-23 display; or
242-24 (3) he hires, employs, or uses a minor to do or
242-25 accomplish or assist in doing or accomplishing any of the acts
242-26 prohibited in Subsection (b)(1) or (b)(2) <of this section>.
242-27 (c) It is a defense to prosecution under this section that:
243-1 (1) the sale, distribution, or exhibition was by a
243-2 person having scientific, educational, governmental, or other
243-3 similar justification; or
243-4 (2) the sale, distribution, or exhibition was to a
243-5 minor who was accompanied by a consenting parent, guardian, or
243-6 spouse.
243-7 (d) An offense under this section is a Class A misdemeanor
243-8 unless it is committed under Subsection (b)(3) <of this section> in
243-9 which event it is a felony of the third degree.
243-10 Sec. 43.25. Sexual Performance by a Child. (a) In this
243-11 section:
243-12 (1) "Sexual performance" means any performance or part
243-13 thereof that includes sexual conduct by a child younger than 17
243-14 years of age.
243-15 (2) "Sexual conduct" means actual or simulated sexual
243-16 intercourse, deviate sexual intercourse, sexual bestiality,
243-17 masturbation, sado-masochistic abuse, or lewd exhibition of the
243-18 genitals.
243-19 (3) "Performance" means any play, motion picture,
243-20 photograph, dance, or other visual representation that can be
243-21 exhibited before an audience of one or more persons.
243-22 (4) "Produce" with respect to a sexual performance
243-23 includes any conduct that directly contributes to the creation or
243-24 manufacture of the sexual performance.
243-25 (5) "Promote" means to procure, manufacture, issue,
243-26 sell, give, provide, lend, mail, deliver, transfer, transmit,
243-27 publish, distribute, circulate, disseminate, present, exhibit, or
244-1 advertise or to offer or agree to do any of the above.
244-2 (6) "Simulated" means the explicit depiction of sexual
244-3 conduct that creates the appearance of actual sexual conduct and
244-4 during which a person engaging in the conduct exhibits any
244-5 uncovered portion of the breasts, genitals, or buttocks.
244-6 (7) "Deviate sexual intercourse" has the meaning
244-7 defined by Section 43.01 <of this code>.
244-8 (8) "Sado-masochistic abuse" has the meaning defined
244-9 by Section 43.24 <of this code>.
244-10 (b) A person commits an offense if, knowing the character
244-11 and content thereof, he employs, authorizes, or induces a child
244-12 younger than 17 years of age to engage in sexual conduct or a
244-13 sexual performance. A parent or legal guardian or custodian of a
244-14 child younger than 17 years of age commits an offense if he
244-15 consents to the participation by the child in a sexual performance.
244-16 (c) An offense under Subsection (b) <of this section> is a
244-17 felony of the second degree.
244-18 (d) A person commits an offense if, knowing the character
244-19 and content of the material, he produces, directs, or promotes a
244-20 performance that includes sexual conduct by a child younger than 17
244-21 years of age.
244-22 (e) An offense under Subsection (d) <of this section> is a
244-23 felony of the third degree.
244-24 (f) It is an affirmative defense to a prosecution under this
244-25 section that:
244-26 (1) the defendant, in good faith, reasonably believed
244-27 that the child who engaged in the sexual conduct was 17 years of
245-1 age or older;
245-2 (2) the defendant was the spouse of the child at the
245-3 time of the offense;
245-4 (3) the conduct was for a bona fide educational,
245-5 medical, psychological, psychiatric, judicial, law enforcement, or
245-6 legislative purpose; or
245-7 (4) the defendant is not more than two years older
245-8 than the child.
245-9 (g) When it becomes necessary for the purposes of this
245-10 section or Section 43.26 <of this code> to determine whether a
245-11 child who participated in sexual conduct was younger than 17 years
245-12 of age, the court or jury may make this determination by any of the
245-13 following methods:
245-14 (1) personal inspection of the child;
245-15 (2) inspection of the photograph or motion picture
245-16 that shows the child engaging in the sexual performance;
245-17 (3) oral testimony by a witness to the sexual
245-18 performance as to the age of the child based on the child's
245-19 appearance at the time;
245-20 (4) expert medical testimony based on the appearance
245-21 of the child engaging in the sexual performance; or
245-22 (5) any other method authorized by law or by the rules
245-23 of evidence at common law.
245-24 Sec. 43.251. EMPLOYMENT HARMFUL TO CHILDREN <MINORS>.
245-25 (a) In this section:
245-26 (1) "Child" means a person younger than 17 years of
245-27 age.
246-1 (2) "Massage" means the rubbing, kneading, tapping,
246-2 compression, vibration, application of friction, or percussion of
246-3 the human body or parts of it by hand or with an instrument or
246-4 apparatus.
246-5 (3) "Massage establishment" means a commercial
246-6 activity the primary business of which is the rendering of massage.
246-7 The term does not include the businesses of licensed physical
246-8 therapists, licensed athletic trainers, licensed cosmetologists, or
246-9 licensed barbers engaged in performing functions authorized by the
246-10 license held.
246-11 (4) "Nude" means a child who is:
246-12 (A) entirely unclothed; or
246-13 (B) clothed in a manner that leaves uncovered or
246-14 visible through less than fully opaque clothing any portion of the
246-15 breasts below the top of the areola of the breasts, if the child is
246-16 female, or any portion of the genitals or buttocks.
246-17 (5) "Sexually oriented commercial activity" means a
246-18 massage establishment, nude studio, modeling studio, love parlor,
246-19 or other similar commercial enterprise the primary business of
246-20 which is the offering of a service that is intended to provide
246-21 sexual stimulation or sexual gratification to the customer.
246-22 (6) "Topless" means a female child clothed in a manner
246-23 that leaves uncovered or visible through less than fully opaque
246-24 clothing any portion of her breasts below the top of the areola.
246-25 (b) A person commits an offense if the person employs,
246-26 authorizes, or induces a child to work:
246-27 (1) in a sexually oriented commercial activity; or
247-1 (2) in any place of business permitting, requesting,
247-2 or requiring a child to work nude or topless.
247-3 (c) An offense under this section is a Class A misdemeanor.
247-4 Sec. 43.26. Possession or Promotion of Child Pornography.
247-5 (a) A person commits an offense if:
247-6 (1) the person knowingly or intentionally possesses
247-7 material containing a film image that visually depicts a child
247-8 younger than 17 years of age at the time the film image of the
247-9 child was made who is engaging in sexual conduct; and
247-10 (2) the person knows that the material depicts the
247-11 child as described by Subdivision (1) <of this subsection>.
247-12 (b) In this section:
247-13 (1) "Film image" includes a photograph, slide,
247-14 negative, film, or videotape, or a reproduction of any of these.
247-15 (2) "Sexual conduct" has the meaning assigned by
247-16 Section 43.25 <of this code>.
247-17 (3) "Promote" has the meaning assigned by Section
247-18 43.25 <of this code>.
247-19 (c) The affirmative defenses provided by Section 43.25(f)
247-20 <of this code> also apply to a prosecution under this section.
247-21 (d) An offense under this section is a felony of the third
247-22 degree.
247-23 (e) A person commits an offense if:
247-24 (1) the person knowingly or intentionally promotes or
247-25 possesses with intent to promote material described by Subsection
247-26 (a)(1) <of this section>; and
247-27 (2) the person knows that the material depicts the
248-1 child as described by Subsection (a)(1) <of this section>.
248-2 (f) A person who possesses six or more identical film images
248-3 depicting a child as described by Subsection (a)(1) <of this
248-4 section> is presumed to possess the film images with the intent to
248-5 promote the material.
248-6 (g) An offense under Subsection (e) <of this section> is a
248-7 felony of the third degree.
248-8 TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
248-9 CHAPTER 46. WEAPONS
248-10 Sec. 46.01. <CHAPTER> DEFINITIONS. In this chapter:
248-11 (1) "Club" means an instrument that is specially
248-12 designed, made, or adapted for the purpose of inflicting serious
248-13 bodily injury or death by striking a person with the instrument,
248-14 and includes but is not limited to the following:
248-15 (A) blackjack;
248-16 (B) nightstick;
248-17 (C) mace;
248-18 (D) tomahawk.
248-19 (2) "Explosive weapon" means any explosive or
248-20 incendiary bomb, grenade, rocket, or mine, that is designed, made,
248-21 or adapted for the purpose of inflicting serious bodily injury,
248-22 death, or substantial property damage, or for the principal purpose
248-23 of causing such a loud report as to cause undue public alarm or
248-24 terror, and includes a device designed, made, or adapted for
248-25 delivery or shooting an explosive weapon.
248-26 (3) "Firearm" means any device designed, made, or
248-27 adapted to expel a projectile through a barrel by using the energy
249-1 generated by an explosion or burning substance or any device
249-2 readily convertible to that use. Firearm does not include antique
249-3 or curio firearms that were manufactured prior to 1899 and that may
249-4 have, as an integral part, a folding knife blade or other
249-5 characteristics of weapons made illegal by this chapter.
249-6 (4) "Firearm silencer" means any device designed,
249-7 made, or adapted to muffle the report of a firearm.
249-8 (5) "Handgun" means any firearm that is designed,
249-9 made, or adapted to be fired with one hand.
249-10 (6) "Illegal knife" means a:
249-11 (A) knife with a blade over five and one-half
249-12 inches;
249-13 (B) <a> hand instrument designed to cut or stab
249-14 another by being thrown;
249-15 (C) dagger, including but not limited to a dirk,
249-16 stilletto, and poniard;
249-17 (D) bowie knife;
249-18 (E) sword; or
249-19 (F) spear.
249-20 (7) "Knife" means any bladed hand instrument that is
249-21 capable of inflicting serious bodily injury or death by cutting or
249-22 stabbing a person with the instrument.
249-23 (8) "Knuckles" means any instrument that consists of
249-24 finger rings or guards made of a hard substance and that is
249-25 designed, made, or adapted for the purpose of inflicting serious
249-26 bodily injury or death by striking a person with a fist enclosed in
249-27 the knuckles.
250-1 (9) "Machine gun" means any firearm that is capable of
250-2 shooting more than two shots automatically, without manual
250-3 reloading, by a single function of the trigger.
250-4 (10) "Short-barrel firearm" means a rifle with a
250-5 barrel length of less than 16 inches or a shotgun with a barrel
250-6 length of less than 18 inches, or any weapon made from a shotgun or
250-7 rifle if, as altered, it has an overall length of less than 26
250-8 inches.
250-9 (11) "Switchblade knife" means any knife that has a
250-10 blade that folds, closes, or retracts into the handle or sheath,
250-11 and that:
250-12 (A) opens automatically by pressure applied to a
250-13 button or other device located on the handle; or
250-14 (B) opens or releases a blade from the handle or
250-15 sheath by the force of gravity or by the application of centrifugal
250-16 force.
250-17 (12) "Armor-piercing ammunition" means handgun
250-18 ammunition that is designed primarily for the purpose of
250-19 penetrating metal or body armor and to be used principally in
250-20 pistols and revolvers.
250-21 (13) "Hoax bomb" means a device that:
250-22 (A) reasonably appears to be an explosive or
250-23 incendiary device; or
250-24 (B) by its design causes alarm or reaction of
250-25 any type by an official of a public safety agency or a volunteer
250-26 agency organized to deal with emergencies.
250-27 (14) "Chemical dispensing device" means a device,
251-1 other than a small chemical dispenser sold commercially for
251-2 personal protection, that is designed, made, or adapted for the
251-3 purpose of dispensing a substance capable of causing an adverse
251-4 psychological or physiological effect on a human being.
251-5 (15) "Racetrack" has the meaning assigned that term by
251-6 the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
251-7 (16) "Zip gun" means a device or combination of
251-8 devices that was not originally a firearm and is adapted to expel a
251-9 projectile through a smooth-bore or rifled-bore barrel by using the
251-10 energy generated by an explosion or burning substance.
251-11 Sec. 46.02. Unlawful Carrying Weapons. (a) A person
251-12 commits an offense if he intentionally, knowingly, or recklessly
251-13 carries on or about his person a handgun, illegal knife, or club.
251-14 (b) It is a defense to prosecution under this section that
251-15 the actor was, at the time of the commission of the offense <Except
251-16 as provided in Subsection (c), an offense under this section is a
251-17 Class A misdemeanor.>
251-18 <(c) An offense under this section is a felony of the third
251-19 degree if it occurs on any premises licensed or issued a permit by
251-20 this state for the sale or service of alcoholic beverages.>
251-21 <Sec. 46.03. NON-APPLICABLE. (a) The provisions of Section
251-22 46.02 of this code do not apply to a person>:
251-23 (1) in the actual discharge of his official duties as
251-24 a member of the armed forces or state military forces as defined by
251-25 Section 431.001, Government Code, or as a guard employed by a penal
251-26 institution;
251-27 (2) on his own premises or premises under his control
252-1 unless he is an employee or agent of the owner of the premises and
252-2 his primary responsibility is to act in the capacity of a security
252-3 guard to protect persons or property, in which event he must comply
252-4 with Subdivision (5) <of this subsection>;
252-5 (3) traveling;
252-6 (4) engaging in lawful hunting, fishing, or other
252-7 sporting activity on the immediate premises where the activity is
252-8 conducted, or was directly en route between the premises and the
252-9 actor's residence, if the weapon is a type commonly used in the
252-10 activity;
252-11 (5) a person who holds a security officer commission
252-12 issued by the Texas Board of Private Investigators and Private
252-13 Security Agencies, if:
252-14 (A) he is engaged in the performance of his
252-15 duties as a security officer or traveling to and from his place of
252-16 assignment;
252-17 (B) he is wearing a distinctive uniform; and
252-18 (C) the weapon is in plain view; or
252-19 (6) <who is> a peace officer, other than a person
252-20 commissioned by the Texas State Board of Pharmacy.
252-21 (c) It is a defense to prosecution under this section for
252-22 the offense of carrying a club that the actor was, at the time of
252-23 the commission of the offense, <(b) The provision of Section 46.02
252-24 of this code prohibiting the carrying of a club does not apply to>
252-25 a noncommissioned security guard at an institution of higher
252-26 education who carried <carries> a nightstick or similar club, and
252-27 who had <has> undergone 15 hours of training in the proper use of
253-1 the club, including at least seven hours of training in the use of
253-2 the club for nonviolent restraint. For the purposes of this
253-3 section, "nonviolent restraint" means the use of reasonable force,
253-4 not intended and not likely to inflict bodily injury.
253-5 (d) It is a defense to prosecution under this section for
253-6 the offense of carrying a firearm or carrying a club that the actor
253-7 was, at the time of the commission of the offense, <(c) The
253-8 prohibition of carrying a handgun or club in Section 46.02 of this
253-9 code does not apply to> a public security officer employed by the
253-10 adjutant general under Section 431.029, Government Code, and was
253-11 performing <in performance of> official duties or <while> traveling
253-12 to or from a place of duty.
253-13 (e) Except as provided by Subsection (f), an offense under
253-14 this section is a Class A misdemeanor.
253-15 (f) An offense under this section is a felony of the third
253-16 degree if the offense is committed on any premises licensed or
253-17 issued a permit by this state for the sale of alcoholic beverages.
253-18 Sec. 46.03 <46.04>. Places Weapons Prohibited. (a) A
253-19 person commits an offense if, with a firearm, illegal knife, club,
253-20 or prohibited weapon listed in Section 46.05(a) <46.06(a) of this
253-21 code>, he intentionally, knowingly, or recklessly goes:
253-22 (1) on the premises of a school or an educational
253-23 institution, whether public or private, unless pursuant to written
253-24 regulations or written authorization of the institution;
253-25 (2) on the premises of a polling place on the day of
253-26 an election or while early voting is in progress;
253-27 (3) in any government court or offices utilized by the
254-1 court, unless pursuant to written regulations or written
254-2 authorization of the court; <or>
254-3 (4) on the premises of a racetrack; or
254-4 (5) into a secured area of an airport.
254-5 (b) It is a defense to prosecution under Subsections
254-6 (a)(1)-(4) that the actor possessed a firearm <under Subsection (a)
254-7 of this section> while in the actual discharge of his official
254-8 duties as a peace officer or a member of the armed forces or
254-9 national guard or a guard employed by a penal institution, or an
254-10 officer of the court.
254-11 (c) In this section "secured area" means an area of an
254-12 airport terminal building to which access is controlled by the
254-13 inspection of persons and property under federal law.
254-14 (d) It is a defense to prosecution under Subsection (a)(5)
254-15 that the actor possessed a firearm or club while traveling to or
254-16 from the actor's place of assignment or in the actual discharge of
254-17 duties as:
254-18 (1) a peace officer;
254-19 (2) a member of the armed forces or national guard;
254-20 (3) a guard employed by a penal institution; or
254-21 (4) a security officer commissioned by the Texas Board
254-22 of Private Investigators and Private Security Agencies if:
254-23 (A) the actor is wearing a distinctive uniform;
254-24 and
254-25 (B) the firearm or club is in plain view.
254-26 (e) It is a defense to prosecution under Subsection (a)(5)
254-27 that the actor checked all firearms as baggage in accordance with
255-1 federal or state law or regulations before entering a secured area.
255-2 (f) An offense under this section is a third degree felony.
255-3 Sec. 46.04 <46.05>. Unlawful Possession of Firearm by Felon.
255-4 (a) A person who has been convicted of a felony <involving an act
255-5 of violence or threatened violence to a person or property> commits
255-6 an offense if he possesses a firearm:
255-7 (1) after conviction and before the fifth anniversary
255-8 of the person's release from confinement following conviction of
255-9 the felony or the person's release from supervision under
255-10 probation, parole, or mandatory supervision, whichever date is
255-11 later; or
255-12 (2) after the period described by Subdivision (1), at
255-13 any location other than the premises at which the person lives
255-14 <away from the premises where he lives>.
255-15 (b) An offense under this section is a felony of the third
255-16 degree.
255-17 Sec. 46.05 <46.06>. Prohibited Weapons. (a) A person
255-18 commits an offense if he intentionally or knowingly possesses,
255-19 manufactures, transports, repairs, or sells:
255-20 (1) an explosive weapon;
255-21 (2) a machine gun;
255-22 (3) a short-barrel firearm;
255-23 (4) a firearm silencer;
255-24 (5) a switchblade knife;
255-25 (6) knuckles;
255-26 (7) armor-piercing ammunition;
255-27 (8) a chemical dispensing device; <or>
256-1 (9) a zip gun; or
256-2 (10) an illegal knife described by Section 46.01(6)(B)
256-3 or (C).
256-4 (b) It is a defense to prosecution under this section that
256-5 the actor's conduct was incidental to the performance of official
256-6 duty by the armed forces or national guard, a governmental law
256-7 enforcement agency, or a correctional facility <penal institution>.
256-8 (c) It is a defense to prosecution under this section that
256-9 the actor's possession was pursuant to registration pursuant to the
256-10 National Firearms Act, as amended.
256-11 (d) It is an affirmative defense to prosecution under this
256-12 section that the actor's conduct:
256-13 (1) was incidental to dealing with a switchblade
256-14 knife, springblade knife, or short-barrel firearm solely as an
256-15 antique or curio; or
256-16 (2) was incidental to dealing with armor-piercing
256-17 ammunition solely for the purpose of making the ammunition
256-18 available to an organization, agency, or institution listed in
256-19 Subsection (b) <of this section>.
256-20 (e) An offense under this section is a felony of the third
256-21 <second> degree unless it is committed under Subsection (a)(5) or
256-22 (a)(6) <of this section>, in which event, it is a Class A
256-23 misdemeanor.
256-24 Sec. 46.06 <46.07>. Unlawful Transfer of Certain Weapons.
256-25 (a) A person commits an offense if he:
256-26 (1) sells, rents, leases, loans, or gives a handgun to
256-27 any person knowing that the person to whom the handgun is to be
257-1 delivered intends to use it unlawfully or in the commission of an
257-2 unlawful act;
257-3 (2) intentionally or knowingly sells, rents, leases,
257-4 or gives or offers to sell, rent, lease, or give to any child
257-5 younger than 18 years any firearm, club, or illegal knife <or any
257-6 martial arts throwing stars>; <or>
257-7 (3) intentionally, knowingly, or recklessly sells a
257-8 firearm or ammunition for a firearm to any person who is
257-9 intoxicated; or
257-10 (4) knowingly sells a firearm or ammunition for a
257-11 firearm to any person who has been convicted of a felony before the
257-12 fifth anniversary of the later of the following dates:
257-13 (A) the person's release from confinement
257-14 following conviction of the felony; or
257-15 (B) the person's release from supervision under
257-16 community supervision, parole, or mandatory supervision following
257-17 conviction of the felony.
257-18 (b) For purposes of this section, "intoxicated" means
257-19 substantial impairment of mental or physical capacity resulting
257-20 from introduction of any substance into the body.
257-21 (c) It is an affirmative defense to prosecution under
257-22 Subsection (a)(2) <of this section> that the transfer was to a
257-23 minor whose parent or the person having legal custody of the minor
257-24 had given written permission for the sale or, if the transfer was
257-25 other than a sale, the parent or person having legal custody had
257-26 given effective consent.
257-27 (d) An offense under this section is a Class A misdemeanor.
258-1 Sec. 46.07 <46.08>. Interstate Purchase. A resident of this
258-2 state may, if not otherwise precluded by law, purchase firearms,
258-3 ammunition, reloading components, or firearm accessories in
258-4 contiguous states. This authorization is enacted in conformance
258-5 with Section 922(b)(3)(A), Public Law 90-618, 90th Congress.
258-6 Sec. 46.08 <46.09>. Hoax Bombs. (a) A person commits an
258-7 offense if the person knowingly manufactures, sells, purchases,
258-8 transports, or possesses a hoax bomb with intent to use the hoax
258-9 bomb to:
258-10 (1) make another believe that the hoax bomb is an
258-11 explosive or incendiary device; or
258-12 (2) cause alarm or reaction of any type by an official
258-13 of a public safety agency or volunteer agency organized to deal
258-14 with emergencies.
258-15 (b) An offense under this section is a Class A misdemeanor.
258-16 Sec. 46.09 <46.10>. Components of Explosives. (a) A person
258-17 commits an offense if the person knowingly possesses components of
258-18 an explosive weapon with the intent to combine the components into
258-19 an explosive weapon for use in a criminal endeavor.
258-20 (b) An offense under this section is a felony of the third
258-21 degree.
258-22 Sec. 46.10 <46.11>. Deadly Weapon in Penal Institution.
258-23 (a) A person commits an offense if, while confined in a penal
258-24 institution, he intentionally, knowingly, or recklessly:
258-25 (1) carries on or about his person a deadly weapon; or
258-26 (2) possesses or conceals a deadly weapon in the penal
258-27 institution.
259-1 (b) It is an affirmative defense to prosecution under this
259-2 section that at the time of the offense the actor was engaged in
259-3 conduct authorized by an employee of the penal institution.
259-4 (c) A person who is subject to prosecution under both this
259-5 section and another section under this chapter may be prosecuted
259-6 under either section.
259-7 (d) An offense under this section is a felony of the third
259-8 degree.
259-9 <Sec. 46.12. UNLAWFUL CARRYING OF WEAPONS AT AIRPORT.
259-10 (a) A person commits an offense if the person intentionally,
259-11 knowingly, or recklessly enters a secured area of an airport with a
259-12 handgun or other firearm capable of being concealed on the person,
259-13 illegal knife, or club.>
259-14 <(b) In this section "secured area" means an area of an
259-15 airport terminal building to which access is controlled by the
259-16 inspection of persons and property under federal law.>
259-17 <(c) It is a defense to prosecution that the actor possessed
259-18 a firearm or club while traveling to or from the actor's place of
259-19 assignment or in the actual discharge of duties as:>
259-20 <(1) a peace officer;>
259-21 <(2) a member of the armed forces or national guard;>
259-22 <(3) a guard employed by a penal institution; or>
259-23 <(4) a security officer commissioned by the Texas
259-24 Board of Private Investigators and Private Security Agencies if:>
259-25 <(A) the actor is wearing a distinctive uniform;
259-26 and>
259-27 <(B) the firearm or club is in plain view.>
260-1 <(d) It is a defense to prosecution that the actor checked
260-2 all firearms as baggage in accordance with federal or state law or
260-3 regulations before entering a secured area.>
260-4 <(e) An offense under this section is a Class A
260-5 misdemeanor.>
260-6 CHAPTER 47. GAMBLING
260-7 Sec. 47.01. Definitions. In this chapter:
260-8 (1) "Bet" means an agreement <that, dependent on
260-9 chance even though accompanied by some skill, one stands> to win or
260-10 lose something of value solely or partially by chance. A bet does
260-11 not include:
260-12 (A) contracts of indemnity or guaranty, or life,
260-13 health, property, or accident insurance;
260-14 (B) an offer of a prize, award, or compensation
260-15 to the actual contestants in a bona fide contest for the
260-16 determination of skill, speed, strength, or endurance or to the
260-17 owners of animals, vehicles, watercraft, or aircraft entered in a
260-18 contest; or
260-19 (C) an offer of merchandise, with a value not
260-20 greater than $25, made by the proprietor of a bona fide carnival
260-21 contest conducted at a carnival sponsored by a nonprofit religious,
260-22 fraternal, school, law enforcement, youth, agricultural, or civic
260-23 group, including any nonprofit agricultural or civic group
260-24 incorporated by the state before 1955, if the person to receive the
260-25 merchandise from the proprietor is the person who performs the
260-26 carnival contest<; or>
260-27 <(D) an offer of merchandise, with a value not
261-1 greater than $25, made by the proprietor of a bona fide carnival
261-2 contest conducted at a carnival sponsored by a nonprofit
261-3 agricultural or civic group incorporated by the State of Texas
261-4 prior to 1955>.
261-5 (2) "Bookmaking" means:
261-6 (A) to receive and record or to forward more
261-7 than five bets or offers to bet in a period of 24 hours;
261-8 (B) to receive and record or to forward bets or
261-9 offers to bet totaling more than $1,000 in a period of 24 hours; or
261-10 (C) a scheme by three or more persons to
261-11 receive, record, or forward a bet or an offer to bet.
261-12 (3) "Gambling place" means any real estate, building,
261-13 room, tent, vehicle, boat, or other property whatsoever, one of the
261-14 uses of which is the making or settling of bets, bookmaking <the
261-15 receiving, holding, recording, or forwarding of bets or offers to
261-16 bet>, or the conducting of a lottery or the playing of gambling
261-17 devices.
261-18 (4) <(3)> "Gambling device" means any contrivance that
261-19 for a consideration affords the player an opportunity to obtain
261-20 anything of value, the award of which is determined solely or
261-21 partially by chance, <even though accompanied by some skill,>
261-22 whether or not the prize is automatically paid by the contrivance.
261-23 (5) <(4)> "Altered gambling equipment" means any
261-24 contrivance that has been altered in some manner, including, but
261-25 not limited to, shaved dice, loaded dice, magnetic dice, mirror
261-26 rings, electronic sensors, shaved cards, marked cards, and any
261-27 other equipment altered or <and> designed to enhance the actor's
262-1 chances of winning.
262-2 (6) <(5)> "Gambling paraphernalia" means any book,
262-3 instrument, or apparatus by means of which bets have been or may be
262-4 recorded or registered; any record, ticket, certificate, bill,
262-5 slip, token, writing, scratch sheet, or other means of carrying on
262-6 bookmaking, wagering pools, lotteries, numbers, policy, or similar
262-7 games.
262-8 (7) <(6)> "Lottery" means any scheme or procedure
262-9 whereby one or more prizes are distributed by chance among persons
262-10 who have paid or promised consideration for a chance to win
262-11 anything of value, whether such scheme or procedure is called a
262-12 pool, lottery, raffle, gift, gift enterprise, sale, policy game, or
262-13 some other name.
262-14 (8) <(7)> "Private place" means a place to which the
262-15 public does not have access, and excludes, among other places,
262-16 streets, highways, restaurants, taverns, nightclubs, schools,
262-17 hospitals, and the common areas of apartment houses, hotels,
262-18 motels, office buildings, transportation facilities, and shops.
262-19 (9) <(8)> "Thing of value" means any benefit, but does
262-20 not include an unrecorded and immediate right of replay not
262-21 exchangeable for value.
262-22 Sec. 47.02. Gambling. (a) A person commits an offense if
262-23 he:
262-24 (1) makes a bet on the partial or final result of a
262-25 game or contest or on the performance of a participant in a game or
262-26 contest;
262-27 (2) makes a bet on the result of any political
263-1 nomination, appointment, or election or on the degree of success of
263-2 any nominee, appointee, or candidate; or
263-3 (3) plays and bets for money or other thing of value
263-4 at any game played with cards, dice, <or> balls, or any other
263-5 gambling device.
263-6 (b) It is a defense to prosecution under this section that:
263-7 (1) the actor engaged in gambling in a private place;
263-8 (2) no person received any economic benefit other than
263-9 personal winnings; and
263-10 (3) except for the advantage of skill or luck, the
263-11 risks of losing and the chances of winning were the same for all
263-12 participants.
263-13 (c) It is a defense to prosecution under this section that
263-14 the actor reasonably believed that the conduct:
263-15 (1) was permitted under the Bingo Enabling Act
263-16 (Article 179d, Vernon's Texas Civil Statutes);
263-17 (2) was permitted under the Charitable Raffle Enabling
263-18 Act (Article 179f, Revised Statutes); <or>
263-19 (3) consisted entirely of participation in the state
263-20 lottery authorized by the State Lottery Act (Article 179g, Vernon's
263-21 Texas Civil Statutes); or
263-22 (4) was permitted under the Texas Racing Act (Article
263-23 179e, Vernon's Texas Civil Statutes).
263-24 (d) An offense under this section is a Class C misdemeanor.
263-25 Sec. 47.03. Gambling Promotion. (a) A person commits an
263-26 offense if he intentionally or knowingly does any of the following
263-27 acts:
264-1 (1) operates or participates in the earnings of a
264-2 gambling place;
264-3 (2) engages in bookmaking;
264-4 (3) for gain, becomes a custodian of anything of value
264-5 bet or offered to be bet;
264-6 (4) sells chances on the partial or final result of or
264-7 on the margin of victory in any game or contest or on the
264-8 performance of any participant in any game or contest or on the
264-9 result of any political nomination, appointment, or election or on
264-10 the degree of success of any nominee, appointee, or candidate; or
264-11 (5) for gain, sets up or promotes any lottery or sells
264-12 or offers to sell or knowingly possesses for transfer, or transfers
264-13 any card, stub, ticket, check, or other device designed to serve as
264-14 evidence of participation in any lottery.
264-15 (b) <In this section "bookmaking" means:>
264-16 <(1) the receiving and recording of or the forwarding
264-17 of more than five bets or offers to bet in one 24-hour period;>
264-18 <(2) the receiving and recording of or the forwarding
264-19 of bets or offers to bet totalling more than $1,000 in one 24-hour
264-20 period; or>
264-21 <(3) a scheme by three or more persons to receive,
264-22 record, or forward bets or offers to bet.>
264-23 <(c)> An offense under this section is a Class A misdemeanor
264-24 <felony of the third degree>.
264-25 Sec. 47.04. Keeping a Gambling Place. (a) A person commits
264-26 an offense if he knowingly uses or permits another to use as a
264-27 gambling place any real estate, building, room, tent, vehicle,
265-1 boat, or other property whatsoever owned by him or under his
265-2 control, or rents or lets any such property with a view or
265-3 expectation that it be so used.
265-4 (b) It is an affirmative defense to prosecution under this
265-5 section that:
265-6 (1) the <actor engaged in> gambling occurred in a
265-7 private place;
265-8 (2) no person received any economic benefit other than
265-9 personal winnings; and
265-10 (3) except for the advantage of skill or luck, the
265-11 risks of losing and the chances of winning were the same for all
265-12 participants.
265-13 (c) <It is an affirmative defense to prosecution under this
265-14 section that the gambling place is aboard an ocean-going vessel
265-15 that enters the territorial waters of this state to call at a port
265-16 in this state if:>
265-17 <(1) before the vessel enters the territorial waters
265-18 of this state, the district attorney or, if there is no district
265-19 attorney, the county attorney for the county in which the port is
265-20 located receives notice of the existence of the gambling place on
265-21 board the vessel and of the anticipated dates on which the vessel
265-22 will enter and leave the territorial waters of this state;>
265-23 <(2) the portion of the vessel that is used as a
265-24 gambling place is locked or otherwise physically secured in a
265-25 manner that makes the area inaccessible to anyone other than the
265-26 master and crew of the vessel at all times while the vessel is in
265-27 the territorial waters of this state;>
266-1 <(3) no person other than the master and crew of the
266-2 vessel is permitted to enter or view the gambling place while the
266-3 vessel is in the territorial waters of this state; and>
266-4 <(4) the gambling place is not used for gambling or
266-5 other gaming purposes while the vessel is in the territorial waters
266-6 of this state.>
266-7 <(d)> An offense under this section is a Class A misdemeanor
266-8 <felony of the third degree>.
266-9 Sec. 47.05. Communicating Gambling Information. (a) A
266-10 person commits an offense if, with the intent to further gambling,
266-11 he knowingly communicates information as to bets, betting odds, or
266-12 changes in betting odds or he knowingly provides, installs, or
266-13 maintains equipment for the transmission or receipt of such
266-14 information.
266-15 (b) It is an exception to the application of Subsection (a)
266-16 that the information communicated is intended for use in placing a
266-17 lawful wager under Article 11, Texas Racing Act (Article 179e,
266-18 Vernon's Texas Civil Statutes), and is not communicated in
266-19 violation of Section 14.01 of that Act.
266-20 (c) An offense under this section is a Class A misdemeanor
266-21 <felony of the third degree>.
266-22 Sec. 47.06. POSSESSION OF GAMBLING DEVICE, <OR> EQUIPMENT,
266-23 OR PARAPHERNALIA. (a) A person commits an offense if, with the
266-24 intent to further gambling, he knowingly owns, manufactures,
266-25 transfers, or possesses any gambling device that he knows is
266-26 designed for gambling purposes or any equipment that he knows is
266-27 designed as a subassembly or essential part of a gambling device.
267-1 (b) A person commits an offense if, with the intent to
267-2 further gambling, he knowingly owns, manufactures, transfers
267-3 commercially, or possesses any altered gambling equipment that he
267-4 knows is designed for gambling purposes or any equipment that he
267-5 knows is designed as a subassembly or essential part of such
267-6 device.
267-7 (c) A person commits an offense if, with the intent to
267-8 further gambling, the person knowingly owns, manufactures,
267-9 transfers commercially, or possesses gambling paraphernalia.
267-10 (d) It is a defense to prosecution under Subsections (a) and
267-11 (c) that:
267-12 (1) the device, equipment, or paraphernalia is used
267-13 for or is intended for use in gambling that is to occur entirely in
267-14 a private place;
267-15 (2) a person involved in the gambling does not receive
267-16 any economic benefit other than personal winnings; and
267-17 (3) except for the advantage of skill or luck, the
267-18 chance of winning is the same for all participants. <It is an
267-19 affirmative defense to prosecution under this section that the
267-20 device or equipment is aboard an ocean-going vessel that enters the
267-21 territorial waters of this state to call at a port in this state
267-22 if:>
267-23 <(1) before the vessel enters the territorial waters
267-24 of this state, the district attorney or, if there is no district
267-25 attorney, the county attorney for the county in which the port is
267-26 located receives notice of the existence of the device or equipment
267-27 on board the vessel and of the anticipated dates on which the
268-1 vessel will enter and leave the territorial waters of this state;>
268-2 <(2) the portion of the vessel in which the device or
268-3 equipment is located is locked or otherwise physically secured in a
268-4 manner that makes the area inaccessible to anyone other than the
268-5 master and crew of the vessel at all times while the vessel is in
268-6 the territorial waters of this state;>
268-7 <(3) no person other than the master and crew of the
268-8 vessel is permitted to enter or view the portion of the vessel in
268-9 which the device or equipment is located while the vessel is in the
268-10 territorial waters of this state; and>
268-11 <(4) the device or equipment is not used for gambling
268-12 or other gaming purposes while the vessel is in the territorial
268-13 waters of this state.>
268-14 <(d) It is a defense to prosecution under this section that
268-15 the gambling device is 15 years old or older and not used for
268-16 gambling, gambling promotion, or keeping a gambling place under
268-17 Sections 47.02, 47.03, and 47.04, respectively, of this code, and
268-18 that the party possessing same:>
268-19 <(1) within 30 days after coming into possession of
268-20 same or the effective date of this amendment, whichever last
268-21 occurs, furnished the following information to the sheriff of the
268-22 county wherein such device is to be maintained:>
268-23 <(A) the name and address of the party
268-24 possessing same;>
268-25 <(B) the name of the manufacturer, date of
268-26 manufacture, and serial number of the device, if available; and>
268-27 <(2) within 30 days of the transfer of such device
269-1 advises the sheriff of the county to whom the information provided
269-2 for in item (1) above was furnished of the name and address of the
269-3 transferee.>
269-4 (e) An offense under this section is a Class A misdemeanor
269-5 <felony of the third degree>.
269-6 (f) It is a defense to prosecution under Subsection (a) or
269-7 (c) <of this section> that the person owned, manufactured,
269-8 transferred, or possessed the gambling device, <or> equipment, or
269-9 paraphernalia for the sole purpose of shipping it to another
269-10 jurisdiction where the possession or use of the device, <or>
269-11 equipment, or paraphernalia was legal.
269-12 (g) A district or county attorney is not required to have a
269-13 search warrant or subpoena to inspect a gambling device or gambling
269-14 equipment or paraphernalia on an ocean-going vessel that enters the
269-15 territorial waters of this state to call at a port in this state
269-16 <It is a defense to prosecution for an offense under this chapter
269-17 that the conduct was authorized, directly or indirectly, by the
269-18 State Lottery Act, the lottery division in the office of the
269-19 comptroller, the comptroller, or the director of the lottery
269-20 division>.
269-21 Sec. 47.07. <POSSESSION OF GAMBLING PARAPHERNALIA. (a) A
269-22 person commits an offense if, with the intent to further gambling,
269-23 he knowingly owns, manufactures, transfers commercially, or
269-24 possesses gambling paraphernalia.>
269-25 <(b) It is an affirmative defense to prosecution under this
269-26 section that the gambling paraphernalia is aboard an ocean-going
269-27 vessel that enters the territorial waters of this state to call at
270-1 a port in this state if:>
270-2 <(1) before the vessel enters the territorial waters
270-3 of this state, the district attorney or, if there is no district
270-4 attorney, the county attorney for the county in which the port is
270-5 located receives notice of the existence of the gambling
270-6 paraphernalia on board the vessel and of the anticipated dates on
270-7 which the vessel will enter and leave the territorial waters of
270-8 this state;>
270-9 <(2) the portion of the vessel in which the gambling
270-10 paraphernalia is located is locked or otherwise physically secured
270-11 in a manner that makes the area inaccessible to anyone other than
270-12 the master and crew of the vessel at all times while the vessel is
270-13 in the territorial waters of this state;>
270-14 <(3) no person other than the master and crew of the
270-15 vessel is permitted to enter or view the portion of the vessel in
270-16 which the gambling paraphernalia is located while the vessel is in
270-17 the territorial waters of this state; and>
270-18 <(4) the gambling paraphernalia is not used for
270-19 gambling or other gaming purposes while the vessel is in the
270-20 territorial waters of this state.>
270-21 <(c) An offense under this section is a Class A misdemeanor.>
270-22 <(d) The district or county attorney shall not be required
270-23 to have a search warrant or subpoena to enter the vessel to inspect
270-24 the gambling paraphernalia.>
270-25 <(e) It is a defense to prosecution under this section that
270-26 the person owned, manufactured, transferred commercially, or
270-27 possessed the gambling paraphernalia for the sole purpose of
271-1 shipping it to another jurisdiction where the possession or use of
271-2 the paraphernalia was legal.>
271-3 <Sec. 47.08.> Evidence. <(a) Proof that an actor
271-4 communicated gambling information or possessed a gambling device,
271-5 equipment, or paraphernalia is prima facie evidence that the actor
271-6 did so knowingly and with the intent to further gambling.>
271-7 <(b)> In any prosecution under this chapter in which it is
271-8 relevant to prove the occurrence of a sporting event, a published
271-9 report of its occurrence in a daily newspaper, magazine, or other
271-10 periodically printed publication of general circulation shall be
271-11 admissible in evidence and is prima facie evidence that the event
271-12 occurred.
271-13 Sec. 47.08 <47.09>. Testimonial Immunity. (a) A party to
271-14 an offense under this chapter may be required to furnish evidence
271-15 or testify about the offense.
271-16 (b) A party to an offense under this chapter may not be
271-17 prosecuted for any offense about which he is required to furnish
271-18 evidence or testify, and the evidence and testimony may not be used
271-19 against the party in any adjudicatory proceeding except a
271-20 prosecution for aggravated perjury.
271-21 (c) For purposes of this section, "adjudicatory proceeding"
271-22 means a proceeding before a court or any other agency of government
271-23 in which the legal rights, powers, duties, or privileges of
271-24 specified parties are determined.
271-25 (d) A conviction under this chapter may be had upon the
271-26 uncorroborated testimony of a party to the offense.
271-27 Sec. 47.09. OTHER DEFENSES. (a) It is a defense to
272-1 prosecution under this chapter that the conduct:
272-2 (1) was authorized under:
272-3 (A) the Bingo Enabling Act (Article 179d,
272-4 Vernon's Texas Civil Statutes);
272-5 (B) the Texas Racing Act (Article 179e, Vernon's
272-6 Texas Civil Statutes); or
272-7 (C) the Charitable Raffle Enabling Act (Article
272-8 179f, Revised Statutes);
272-9 (2) consisted entirely of participation in the state
272-10 lottery authorized by the State Lottery Act (Article 179g, Vernon's
272-11 Texas Civil Statutes); or
272-12 (3) was a necessary incident to the operation of the
272-13 state lottery and was directly or indirectly authorized by the:
272-14 (A) State Lottery Act;
272-15 (B) lottery division of the comptroller's
272-16 office;
272-17 (C) comptroller; or
272-18 (D) director of the lottery division.
272-19 (b) It is an affirmative defense to prosecution under
272-20 Sections 47.04, 47.06(a), and 47.06(c) that the gambling device,
272-21 equipment, or paraphernalia is aboard an ocean-going vessel that
272-22 enters the territorial waters of this state to call at a port in
272-23 this state if:
272-24 (1) before the vessel enters the territorial waters of
272-25 this state, the district attorney or, if there is no district
272-26 attorney, the county attorney for the county in which the port is
272-27 located receives notice of the existence of the device, equipment,
273-1 or paraphernalia on board the vessel and of the anticipated dates
273-2 on which the vessel will enter and leave the territorial waters of
273-3 this state;
273-4 (2) the portion of the vessel in which the device,
273-5 equipment, or paraphernalia is located is locked or otherwise
273-6 physically secured in a manner that makes the area inaccessible to
273-7 anyone other than the master and crew of the vessel at all times
273-8 while the vessel is in the territorial waters of this state;
273-9 (3) no person other than the master and crew of the
273-10 vessel is permitted to enter or view the portion of the vessel in
273-11 which the device, equipment, or paraphernalia is located while the
273-12 vessel is in the territorial waters of this state; and
273-13 (4) the device, equipment, or paraphernalia is not
273-14 used for gambling or other gaming purposes while the vessel is in
273-15 the territorial waters of this state.
273-16 Sec. 47.10. <BINGO. It is a defense to prosecution for an
273-17 offense under this chapter that the conduct was authorized under
273-18 the Bingo Enabling Act.>
273-19 <Sec. 47.11. PARI-MUTUEL WAGERING ON CERTAIN RACES. It is a
273-20 defense to prosecution for an offense under this chapter that the
273-21 conduct was authorized under the Texas Racing Act.>
273-22 <Sec. 47.12. RAFFLE BY NONPROFIT ORGANIZATION. It is a
273-23 defense to prosecution under this chapter that the conduct was
273-24 authorized by the Charitable Raffle Enabling Act (Article 179f,
273-25 Revised Statutes).>
273-26 <Sec. 47.13.> American Documentation of Vessel Required. If
273-27 18 U.S.C. Section 1082 is repealed, the affirmative defenses
274-1 provided by Section 47.09(b) <Sections 47.04(c), 47.06(c), and
274-2 47.07(b) of this code> apply only if the vessel is documented under
274-3 the laws of the United States.
274-4 <Sec. 47.14. STATE LOTTERY. It is a defense to prosecution
274-5 for an offense under this chapter that the conduct:>
274-6 <(1) consisted entirely of participation in the state
274-7 lottery authorized by the State Lottery Act; or>
274-8 <(2) was a necessary incident to the operation of the
274-9 state lottery and was authorized, directly or indirectly, by the
274-10 State Lottery Act, the lottery division in the office of the
274-11 comptroller, the comptroller, or the director of the lottery
274-12 division.>
274-13 CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH
274-14 Sec. 48.01. Smoking Tobacco. (a) A person commits an
274-15 offense if he is in possession of a burning tobacco product or
274-16 smokes tobacco in a facility of a public primary or secondary
274-17 school or an elevator, enclosed theater or movie house, library,
274-18 museum, hospital, transit system bus, or intrastate bus, as defined
274-19 by Section 4(b) of the Uniform Act Regulating Traffic on Highways
274-20 (Article 6701d, Vernon's Texas Civil Statutes), plane, or train
274-21 which is a public place.
274-22 (b) It is a defense to prosecution under this section that
274-23 the conveyance or public place in which the offense takes place
274-24 does not have prominently displayed a reasonably sized notice that
274-25 smoking is prohibited by state law in such conveyance or public
274-26 place and that an offense is punishable by a fine not to exceed
274-27 $500.
275-1 (c) All conveyances and public places set out in Subsection
275-2 (a) <of Section 48.01> shall be equipped with facilities for
275-3 extinguishment of smoking materials and it shall be a defense to
275-4 prosecution under this section if the conveyance or public place
275-5 within which the offense takes place is not so equipped.
275-6 (d) It is an exception to the application of Subsection (a)
275-7 if the person is in possession of the burning tobacco product or
275-8 smokes tobacco exclusively within an area designated for smoking
275-9 tobacco or as a participant in an authorized theatrical
275-10 performance.
275-11 (e) An area designated for smoking tobacco on a transit
275-12 system bus or intrastate plane or train must also include the area
275-13 occupied by the operator of the transit system bus, plane, or
275-14 train.
275-15 (f) An offense under this section is punishable as a Class C
275-16 misdemeanor.
275-17 Sec. 48.02. Prohibition of the Purchase and Sale of Human
275-18 Organs. (a) "Human organ" means the human kidney, liver, heart,
275-19 lung, pancreas, eye, bone, skin, fetal tissue, or any other human
275-20 organ or tissue, but does not include hair or blood, blood
275-21 components (including plasma), blood derivatives, or blood
275-22 reagents.
275-23 (b) A person commits an offense if he or she knowingly or
275-24 intentionally offers to buy, offers to sell, acquires, receives,
275-25 sells, or otherwise transfers any human organ for valuable
275-26 consideration.
275-27 (c) It is an exception to the application of this section
276-1 that the valuable consideration is: (1) a fee paid to a physician
276-2 or to other medical personnel for services rendered in the usual
276-3 course of medical practice or a fee paid for hospital or other
276-4 clinical services; (2) reimbursement of legal or medical expenses
276-5 incurred for the benefit of the ultimate receiver of the organ; or
276-6 (3) reimbursement of expenses of travel, housing, and lost wages
276-7 incurred by the donor of a human organ in connection with the
276-8 donation of the organ.
276-9 (d) A violation of this section is a Class A misdemeanor
276-10 <felony of the third degree>.
276-11 CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
276-12 Sec. 49.01. DEFINITIONS. In this chapter:
276-13 (1) "Alcohol concentration" means the number of grams
276-14 of alcohol per:
276-15 (A) 210 liters of breath;
276-16 (B) 100 milliliters of blood; or
276-17 (C) 67 milliliters of urine.
276-18 (2) "Intoxicated" means:
276-19 (A) not having the normal use of mental or
276-20 physical faculties by reason of the introduction of alcohol, a
276-21 controlled substance, a drug, a dangerous drug, a combination of
276-22 two or more of those substances, or any other substance into the
276-23 body; or
276-24 (B) having an alcohol concentration of 0.10 or
276-25 more.
276-26 (3) "Motor vehicle" has the meaning assigned by
276-27 Section 32.34(a).
277-1 (4) "Watercraft" means a vessel, one or more water
277-2 skis, an aquaplane, or another device used for transporting or
277-3 carrying a person on water, other than a device propelled only by
277-4 the current of water.
277-5 Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an
277-6 offense if the person appears in a public place while intoxicated
277-7 to the degree that the person may endanger the person or another.
277-8 (b) It is a defense to prosecution under this section that
277-9 the alcohol or other substance was administered for therapeutic
277-10 purposes and as a part of the person's professional medical
277-11 treatment by a licensed physician.
277-12 (c) An offense under this section is a Class C misdemeanor.
277-13 (d) An offense under this section is not a lesser included
277-14 offense under Section 49.04.
277-15 Sec. 49.03. CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
277-16 IN MOTOR VEHICLE. (a) A person commits an offense if the person
277-17 consumes an alcoholic beverage while operating a motor vehicle in a
277-18 public place and is observed doing so by a peace officer.
277-19 (b) An offense under this section is a Class C misdemeanor.
277-20 Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person
277-21 commits an offense if the person is intoxicated while driving or
277-22 operating a motor vehicle in a public place.
277-23 (b) Except as provided by Subsection (c) and Section 49.09,
277-24 an offense under this section is a Class B misdemeanor, with a
277-25 minimum term of confinement of 72 hours.
277-26 (c) If it is shown on the trial of an offense under this
277-27 section that at the time of the offense the person driving or
278-1 operating the motor vehicle had an open container of alcohol in the
278-2 person's immediate possession, the offense is a Class B
278-3 misdemeanor, with a minimum term of confinement of six days.
278-4 Sec. 49.05. FLYING WHILE INTOXICATED. (a) A person commits
278-5 an offense if the person is intoxicated while operating an
278-6 aircraft.
278-7 (b) Except as provided by Section 49.09, an offense under
278-8 this section is a Class B misdemeanor, with a minimum term of
278-9 confinement of 72 hours.
278-10 Sec. 49.06. BOATING WHILE INTOXICATED. (a) A person
278-11 commits an offense if the person is intoxicated while operating a
278-12 watercraft.
278-13 (b) Except as provided by Section 49.09, an offense under
278-14 this section is a Class B misdemeanor, with a minimum term of
278-15 confinement of 72 hours.
278-16 Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an
278-17 offense if the person, by accident or mistake, while operating an
278-18 aircraft, watercraft, or motor vehicle in a public place while
278-19 intoxicated, by reason of that intoxication causes serious bodily
278-20 injury to another.
278-21 (b) In this section, "serious bodily injury" means injury
278-22 that creates a substantial risk of death or that causes serious
278-23 permanent disfigurement or protracted loss or impairment of the
278-24 function of any bodily member or organ.
278-25 (c) An offense under this section is a felony of the third
278-26 degree.
278-27 Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) A person
279-1 commits an offense if the person:
279-2 (1) operates a motor vehicle in a public place, an
279-3 aircraft, or a watercraft; and
279-4 (2) is intoxicated and by reason of that intoxication
279-5 causes the death of another by accident or mistake.
279-6 (b) An offense under this section is a felony of the second
279-7 degree.
279-8 Sec. 49.09. ENHANCED OFFENSES AND PENALTIES. (a) If it is
279-9 shown on the trial of an offense under Section 49.04, 49.05, or
279-10 49.06 that the person has previously been convicted one time of an
279-11 offense relating to the driving or operating of a motor vehicle
279-12 while intoxicated, an offense of operating an aircraft while
279-13 intoxicated, or an offense of operating a watercraft while
279-14 intoxicated, the offense is a Class A misdemeanor, with a minimum
279-15 term of confinement of 15 days.
279-16 (b) If it is shown on the trial of an offense under Section
279-17 49.04, 49.05, or 49.06 that the person has previously been
279-18 convicted two times of an offense relating to the driving or
279-19 operating of a motor vehicle while intoxicated, an offense of
279-20 operating an aircraft while intoxicated, or an offense of operating
279-21 a watercraft while intoxicated, the offense is a felony of the
279-22 third degree.
279-23 (c) For the purposes of this section:
279-24 (1) "Offense relating to the driving or operating of a
279-25 motor vehicle while intoxicated" means:
279-26 (A) an offense under Section 49.04;
279-27 (B) an offense under Article 6701l-1, Revised
280-1 Statutes, as that law existed before January 1, 1984;
280-2 (C) an offense under Article 6701l-2, Revised
280-3 Statutes, as that law existed before January 1, 1984; or
280-4 (D) an offense under the laws of another state
280-5 that prohibit the operation of a motor vehicle while intoxicated.
280-6 (2) "Offense of operating an aircraft while
280-7 intoxicated" means:
280-8 (A) an offense under Section 49.05;
280-9 (B) an offense under Section 1, Chapter 46, Acts
280-10 of the 58th Legislature, 1963 (Article 46f-3, Vernon's Texas Civil
280-11 Statutes), as that law existed before September 1, 1994; or
280-12 (C) an offense under the laws of another state
280-13 that prohibit the operation of an aircraft while intoxicated.
280-14 (3) "Offense of operating a watercraft while
280-15 intoxicated" means:
280-16 (A) an offense under Section 49.06;
280-17 (B) an offense under Section 31.097, Parks and
280-18 Wildlife Code, as that law existed before September 1, 1994; or
280-19 (C) an offense under the laws of another state
280-20 that prohibit the operation of a watercraft while intoxicated.
280-21 (d) For the purposes of this section, a conviction for an
280-22 offense under Section 49.04, 49.05, or 49.06 that occurs on or
280-23 after September 1, 1994, is a final conviction, whether the
280-24 sentence for the conviction is imposed or probated.
280-25 (e) A conviction may not be used for purposes of enhancement
280-26 under this section if:
280-27 (1) the conviction was a final conviction under
281-1 Subsection (d) and was for an offense committed more than 10 years
281-2 before the offense for which the person is being tried was
281-3 committed; and
281-4 (2) the person has not been convicted of an offense
281-5 under Section 49.04, 49.05, or 49.06 or any offense related to
281-6 driving or operating a motor vehicle while intoxicated committed
281-7 within 10 years before the date on which the offense for which the
281-8 person is being tried was committed.
281-9 Sec. 49.10. NO DEFENSE. In a prosecution under Section
281-10 49.03, 49.04, 49.05, 49.06, 49.07, or 49.08, the fact that the
281-11 defendant is or has been entitled to use the alcohol, controlled
281-12 substance, drug, dangerous drug, or other substance is not a
281-13 defense.
281-14 TITLE 11. ORGANIZED CRIME
281-15 <AND CRIMINAL STREET GANGS>
281-16 CHAPTER 71. ORGANIZED CRIME <AND CRIMINAL STREET GANGS>
281-17 Sec. 71.01. DEFINITIONS. In this chapter,
281-18 (a) "Combination" means three or more persons who
281-19 collaborate in carrying on criminal activities, although:
281-20 (1) participants may not know each other's identity;
281-21 (2) membership in the combination may change from time
281-22 to time; and
281-23 (3) participants may stand in a wholesaler-retailer or
281-24 other arm's-length relationship in illicit distribution operations.
281-25 (b) "Conspires to commit" means that a person agrees with
281-26 one or more persons that they or one or more of them engage in
281-27 conduct that would constitute the offense and that person and one
282-1 or more of them perform an overt act in pursuance of the agreement.
282-2 An agreement constituting conspiring to commit may be inferred from
282-3 the acts of the parties.
282-4 (c) "Profits" means property constituting or derived from
282-5 any proceeds obtained, directly or indirectly, from an offense
282-6 listed in Section 71.02 <of this code>.
282-7 <(d) "Criminal street gang" means three or more persons
282-8 having a common identifying sign or symbol or an identifiable
282-9 leadership who continuously or regularly associate in the
282-10 commission of criminal activities.>
282-11 Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (a) A
282-12 person commits an offense if, with the intent to establish,
282-13 maintain, or participate in a combination or in the profits of a
282-14 combination <or as a member of a criminal street gang>, he commits
282-15 or conspires to commit one or more of the following:
282-16 (1) murder, capital murder, arson, aggravated robbery,
282-17 robbery, burglary, theft, aggravated kidnapping, kidnapping,
282-18 aggravated assault, aggravated sexual assault, sexual assault, or
282-19 forgery;
282-20 (2) any <felony> gambling offense punishable as a
282-21 Class A misdemeanor;
282-22 (3) promotion of prostitution, aggravated promotion of
282-23 prostitution, or compelling prostitution;
282-24 (4) unlawful manufacture, transportation, repair, or
282-25 sale of firearms or prohibited weapons;
282-26 (5) unlawful manufacture, delivery, dispensation, or
282-27 distribution of a controlled substance or dangerous drug, or
283-1 unlawful possession of a controlled substance or dangerous drug
283-2 through forgery, fraud, misrepresentation, or deception;
283-3 (6) any unlawful wholesale promotion or possession of
283-4 any obscene material or obscene device with the intent to wholesale
283-5 promote the same;
283-6 (7) any unlawful employment, authorization, or
283-7 inducing of a child younger than 17 years of age in an obscene
283-8 sexual performance;
283-9 (8) any felony offense under Chapter 32, Penal Code;
283-10 or
283-11 (9) any offense under Chapter 36, Penal Code.
283-12 (b) Except as provided in Subsections <Subsection> (c) and
283-13 (d) <of this section>, an offense under this section is one
283-14 category higher than the most serious offense listed in
283-15 <Subdivisions (1) through (9) of> Subsection (a) <of this section>
283-16 that was committed, and if the most serious offense is a Class A
283-17 misdemeanor, the offense is a state jail felony <of the third
283-18 degree>, except that if the most serious offense is a felony of the
283-19 first degree, the offense is a felony of the first degree.
283-20 (c) Conspiring to commit an offense under this section is of
283-21 the same degree as the most serious offense listed in <Subdivisions
283-22 (1) through (9) of> Subsection (a) <of this section> that the
283-23 person conspired to commit.
283-24 (d) At the punishment stage of a trial, the defendant may
283-25 raise the issue as to whether in voluntary and complete
283-26 renunciation of the offense he withdrew from the combination before
283-27 commission of an offense listed in Subsection (a) and made
284-1 substantial effort to prevent the commission of the offense. If
284-2 the defendant proves the issue in the affirmative by a
284-3 preponderance of the evidence the offense is the same category of
284-4 offense as the most serious offense committed, unless the defendant
284-5 is convicted of conspiring to commit the offense, in which event
284-6 the offense is one category lower than the most serious offense
284-7 that the defendant conspired to commit.
284-8 Sec. 71.03. Defenses Excluded. It is no defense to
284-9 prosecution under Section 71.02 <of this code> that:
284-10 (1) one or more members of the combination are not
284-11 criminally responsible for the object offense;
284-12 (2) one or more members of the combination have been
284-13 acquitted, have not been prosecuted or convicted, have been
284-14 convicted of a different offense, or are immune from prosecution;
284-15 (3) a person has been charged with, acquitted, or
284-16 convicted of any offense listed in Subsection (a) of Section 71.02
284-17 <of this code>; or
284-18 (4) once the initial combination of three <five> or
284-19 more persons is formed there is a change in the number or identity
284-20 of persons in the combination as long as two or more persons remain
284-21 in the combination and are involved in a continuing course of
284-22 conduct constituting an offense under this chapter.
284-23 Sec. 71.04. Testimonial Immunity. (a) A party to an
284-24 offense under this chapter may be required to furnish evidence or
284-25 testify about the offense.
284-26 (b) No evidence or testimony required to be furnished under
284-27 the provisions of this section nor any information directly or
285-1 indirectly derived from such evidence or testimony may be used
285-2 against the witness in any criminal case, except a prosecution for
285-3 aggravated perjury or contempt.
285-4 Sec. 71.05. Renunciation Defense. (a) It is an affirmative
285-5 defense to prosecution under Section 71.02 <of this code> that
285-6 under circumstances manifesting a voluntary and complete
285-7 renunciation of his criminal objective the actor withdrew from the
285-8 combination before commission of an offense listed in <Subdivisions
285-9 (1) through (7) of> Subsection (a) of Section 71.02 <of this code>
285-10 and took further affirmative action that prevented the commission
285-11 of the offense.
285-12 (b) For the purposes of this section and Section 71.02(d),
285-13 renunciation <Renunciation> is not voluntary if it is motivated in
285-14 whole or in part:
285-15 (1) by circumstances not present or apparent at the
285-16 inception of the actor's course of conduct that increase the
285-17 probability of detection or apprehension or that make more
285-18 difficult the accomplishment of the objective; or
285-19 (2) by a decision to postpone the criminal conduct
285-20 until another time or to transfer the criminal act to another but
285-21 similar objective or victim.
285-22 <(c) Evidence that the defendant withdrew from the
285-23 combination before commission of an offense listed in Subdivisions
285-24 (1) through (7) of Subsection (a) of Section 71.02 of this code and
285-25 made substantial effort to prevent the commission of an offense
285-26 listed in Subdivisions (1) through (7) of Subsection (a) of Section
285-27 71.02 of this code shall be admissible as mitigation at the hearing
286-1 on punishment if he has been found guilty under Section 71.02 of
286-2 this code, and in the event of a finding of renunciation under this
286-3 subsection, the punishment shall be one grade lower than that
286-4 provided under Section 71.02 of this code.>
286-5 SECTION 1.02. Section 5, Chapter 275, Acts of the 67th
286-6 Legislature, Regular Session, 1981, and Section 1, Chapter 587,
286-7 Acts of the 69th Legislature, Regular Session, 1985, are repealed.
286-8 SECTION 1.03. Chapter 3, Code of Criminal Procedure, is
286-9 amended by adding Article 3.04 to read as follows:
286-10 Art. 3.04. OFFICIAL MISCONDUCT. In this code:
286-11 (1) "Official misconduct" means an offense that is an
286-12 intentional or knowing violation of a law committed by a public
286-13 servant while acting in an official capacity as a public servant.
286-14 (2) "Public servant" has the meaning assigned by
286-15 Section 1.07, Penal Code.
286-16 SECTION 1.04. Chapter 14, Code of Criminal Procedure, is
286-17 amended by adding Article 14.031 to read as follows:
286-18 Art. 14.031. PUBLIC INTOXICATION. (a) In lieu of arresting
286-19 an individual who commits an offense under Section 49.02, Penal
286-20 Code, a peace officer may release an individual if:
286-21 (1) the officer believes detention in a penal facility
286-22 is unnecessary for the protection of the individual or others; and
286-23 (2) the individual:
286-24 (A) is released to the care of an adult who
286-25 agrees to assume responsibility for the individual; or
286-26 (B) verbally consents to voluntary treatment for
286-27 chemical dependency in a program in a treatment facility licensed
287-1 and approved by the Texas Commission on Alcohol and Drug Abuse, and
287-2 the program admits the individual for treatment.
287-3 (b) A magistrate may release from custody an individual
287-4 arrested under Section 49.02, Penal Code, if the magistrate
287-5 determines the individual meets the conditions required for release
287-6 in lieu of arrest under Subsection (a) of this article.
287-7 (c) The release of an individual under Subsection (a) or (b)
287-8 of this article to an alcohol or drug treatment program may not be
287-9 considered by a peace officer or magistrate in determining whether
287-10 the individual should be released to such a program for a
287-11 subsequent incident or arrest under Section 49.02, Penal Code.
287-12 (d) A peace officer and the agency or political subdivision
287-13 that employs the peace officer may not be held liable for damage to
287-14 persons or property that results from the actions of an individual
287-15 released under Subsection (a) or (b) of this article.
287-16 SECTION 1.05. Subsection (b), Article 14.06, Code of
287-17 Criminal Procedure, is amended to read as follows:
287-18 (b) A peace officer who is charging a person with committing
287-19 an offense that is a Class C misdemeanor, other than an offense
287-20 under Section 49.02 <42.08>, Penal Code, may, instead of taking the
287-21 person before a magistrate, issue a citation to the person that
287-22 contains written notice of the time and place the person must
287-23 appear before a magistrate, the name and address of the person
287-24 charged, and the offense charged.
287-25 SECTION 1.06. Article 18.20, Code of Criminal Procedure, is
287-26 amended by adding Section 18 to read as follows:
287-27 Sec. 18. This article expires September 1, 2005, and shall
288-1 not be in force on and after that date.
288-2 SECTION 1.07. Subchapter A, Chapter 102, Code of Criminal
288-3 Procedure, is amended by adding Article 102.017 to read as follows:
288-4 Art. 102.017. COSTS ATTENDANT TO INTOXICATION CONVICTIONS.
288-5 (a) Except as provided by Subsection (d) of this article, on
288-6 conviction of an offense relating to the driving or operating of a
288-7 motor vehicle under Section 49.04, Penal Code, the court shall
288-8 impose a cost of $15 on a defendant if, subsequent to the arrest of
288-9 the defendant, a law enforcement agency visually recorded the
288-10 defendant with an electronic device. Costs imposed under this
288-11 subsection are in addition to other court costs and are due whether
288-12 or not the defendant is granted probation in the case. The court
288-13 shall collect the costs in the same manner as other costs are
288-14 collected in the case.
288-15 (b) Except as provided by Subsection (d) of this article, on
288-16 conviction of an offense relating to the driving or operating of a
288-17 motor vehicle punishable under Section 49.04(b), Penal Code, the
288-18 court shall impose as a cost of court on the defendant an amount
288-19 that is equal to the cost of an evaluation of the defendant
288-20 performed under Section 13(a), Article 42.12, of this code. Costs
288-21 imposed under this subsection are in addition to other court costs
288-22 and are due whether or not the defendant is granted probation in
288-23 the case, except that if the court determines that the defendant is
288-24 indigent and unable to pay the cost, the court may waive the
288-25 imposition of the cost.
288-26 (c)(1) Except as provided by Subsection (d) of this article,
288-27 if a person commits an offense under Chapter 49, Penal Code, and as
289-1 a direct result of the offense the person causes an incident
289-2 resulting in an accident response by a public agency, the person is
289-3 liable on conviction for the offense for the reasonable expense to
289-4 the agency of the accident response. In this article, a person is
289-5 considered to have been convicted in a case if:
289-6 (A) sentence is imposed;
289-7 (B) the defendant receives probation or deferred
289-8 adjudication; or
289-9 (C) the court defers final disposition of the
289-10 case.
289-11 (2) The liability authorized by this subsection may be
289-12 established by civil suit; however, if a determination is made
289-13 during a criminal trial that a person committed an offense under
289-14 Chapter 49, Penal Code, and as a direct result of the offense the
289-15 person caused an incident resulting in an accident response by a
289-16 public agency, the court may include the obligation for the
289-17 liability as part of the judgment. A judgment that includes such
289-18 an obligation is enforceable as any other judgment.
289-19 (3) The liability is a debt of the person to the
289-20 public agency, and the public agency may collect the debt in the
289-21 same manner as the public agency collects an express or implied
289-22 contractual obligation to the agency.
289-23 (4) A person's liability under this subsection for the
289-24 reasonable expense of an accident response may not exceed $1,000
289-25 for a particular incident. For the purposes of this subdivision, a
289-26 reasonable expense for an accident response includes only those
289-27 costs to the public agency arising directly from an accident
290-1 response to a particular incident, such as the cost of providing
290-2 police, fire-fighting, rescue, ambulance, and emergency medical
290-3 services at the scene of the incident and the salaries of the
290-4 personnel of the public agency responding to the incident.
290-5 (5) A bill for the expense of an accident response
290-6 sent to a person by a public agency under this subsection must
290-7 contain an itemized accounting of the components of the total
290-8 charge. A bill that complies with this subdivision is prima facie
290-9 evidence of the reasonableness of the costs incurred in the
290-10 accident response to which the bill applies.
290-11 (6) A policy of motor vehicle insurance delivered,
290-12 issued for delivery, or renewed in this state may not cover payment
290-13 of expenses charged to a person under this subsection.
290-14 (7) In this subsection, "public agency" means the
290-15 state, a county, a municipality district, or a public authority
290-16 located in whole or in part in this state that provides police,
290-17 fire-fighting, rescue, ambulance, or emergency medical services.
290-18 (d) Subsections (a), (b), and (c) of this article do not
290-19 apply to an offense under Section 49.02 or 49.03, Penal Code.
290-20 SECTION 1.08. Subsection (g), Section 24, Chapter 173, Acts
290-21 of the 47th Legislature, Regular Session, 1941 (Article 6687b,
290-22 Vernon's Texas Civil Statutes), is amended by amending Subdivision
290-23 (2) and adding Subdivision (5) to read as follows:
290-24 (2)(A) After the date has passed, according to records
290-25 of the Department, for successful completion of an educational
290-26 program designed to rehabilitate persons who have driven while
290-27 intoxicated, if the records do not indicate successful completion
291-1 of the program, the Director shall suspend the person's driver's
291-2 license, permit, or nonresident operating privilege or, if the
291-3 person is a resident without a license or permit to operate a motor
291-4 vehicle in this state, shall issue an order prohibiting the person
291-5 from obtaining a license or permit. A suspension or prohibition
291-6 order under this subsection is effective for a period of twelve
291-7 (12) months.
291-8 (B) After the date has passed, according to
291-9 records of the Department, for successful completion of an
291-10 educational program for repeat offenders as required by Section
291-11 13, Article 42.12, Code of Criminal Procedure, if the records do
291-12 not indicate successful completion of the program, the Director
291-13 shall suspend the person's driver's license, permit, or nonresident
291-14 operating privilege or, if the person is a resident without a
291-15 license or permit to operate a motor vehicle in this state, shall
291-16 issue an order prohibiting the person from obtaining a license or
291-17 permit. A suspension or prohibition order under this subsection is
291-18 continued until the person successfully completes that program.
291-19 (5) On the date that a suspension under Subsection (c)
291-20 of this section is to expire, the period of suspension or the
291-21 corresponding period in which the Department is prohibited from
291-22 issuing a license to a person is automatically increased for a
291-23 period of 24 months unless the Department has received notice that
291-24 the person has successfully completed an educational program under
291-25 Section 13, Article 42.12, Code of Criminal Procedure. At the time
291-26 a person is convicted of an offense under Section 49.04, Penal
291-27 Code, the court shall warn the person of the effect of this
292-1 subdivision. On successful completion of the program, a person
292-2 shall present proof of the completion to the clerk of the court in
292-3 which the person was convicted. The clerk shall report the date of
292-4 completion to the Department in the same manner as required by
292-5 Section 13, Article 42.12, Code of Criminal Procedure. If the
292-6 Department receives proof of completion after a period of
292-7 suspension or prohibition has been extended under this subdivision,
292-8 the Department shall immediately end the suspension or prohibition.
292-9 This subdivision does not apply to a person whose license the
292-10 Department is prohibited from suspending under Subdivision (1) of
292-11 this subsection.
292-12 SECTION 1.09. Section 1, Chapter 434, Acts of the 61st
292-13 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
292-14 Civil Statutes), is amended to read as follows:
292-15 Sec. 1. Any person who operates a motor vehicle in <upon the
292-16 public highways or upon> a public place, or a watercraft, <beach>
292-17 in this state shall be deemed to have given consent, subject to the
292-18 provisions of this Act, to submit to the taking of one or more
292-19 specimens of his breath or blood for the purpose of analysis to
292-20 determine the alcohol concentration or the presence in his body of
292-21 a controlled substance, <or> drug, dangerous drug, or other
292-22 substance, if arrested for any offense arising out of acts alleged
292-23 to have been committed while a person was driving or in actual
292-24 physical control of a motor vehicle or a watercraft while
292-25 intoxicated. Any person so arrested may consent to the giving of
292-26 any other type of specimen to determine his alcohol concentration,
292-27 but he shall not be deemed, solely on the basis of his operation of
293-1 a motor vehicle in <upon the public highways or upon> a public
293-2 place, or a watercraft, <beach> in this state, to have given
293-3 consent to give any type of specimen other than a specimen of his
293-4 breath or blood. The specimen, or specimens, shall be taken at the
293-5 request of a peace officer having reasonable grounds to believe the
293-6 person to have been driving or in actual physical control of a
293-7 motor vehicle in <upon the public highways or upon> a public place,
293-8 or a watercraft, <beach> in this state while intoxicated.
293-9 SECTION 1.10. Section 2, Chapter 434, Acts of the 61st
293-10 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
293-11 Civil Statutes), is amended by amending Subsection (f) and adding
293-12 Subsections (j) and (k) to read as follows:
293-13 (f) When the director receives the report, the director
293-14 shall suspend the person's license, permit, or nonresident
293-15 operating privilege, or shall issue an order prohibiting the person
293-16 from obtaining a license or permit, for 90 days effective 28 days
293-17 after the date the person receives notice by certified mail or 31
293-18 days after the date the director sends notice by certified mail, if
293-19 the person has not accepted delivery of the notice. If, not later
293-20 than the 20th day after the date on which the person receives
293-21 notice by certified mail or the 23rd day after the date the
293-22 director sent notice by certified mail, if the person has not
293-23 accepted delivery of the notice, the department receives a written
293-24 demand that a hearing be held, the department shall, not later than
293-25 the 10th day after the day of receipt of the demand, request a
293-26 court to set the hearing for the earliest possible date. The
293-27 hearing shall be set in the same manner as a hearing under Section
294-1 22(a), Chapter 173, Acts of the 47th Legislature, Regular Session,
294-2 1941, as amended (Article 6687b, Vernon's Texas Civil Statutes).
294-3 If, upon such hearing the court finds (1) that probable cause
294-4 existed that such person was driving or in actual physical control
294-5 of a motor vehicle in <on the highway or upon> a public place
294-6 <beach> while intoxicated, (2) that the person was placed under
294-7 arrest by the officer and was offered an opportunity to give a
294-8 specimen under the provisions of this Act, and (3) that such person
294-9 refused to give a specimen upon request of the officer, then the
294-10 Director of the <Texas> Department of Public Safety shall suspend
294-11 the person's license or permit to drive, or any nonresident
294-12 operating privilege for a period of 90 days, as ordered by the
294-13 court. If the person is a resident without a license or permit to
294-14 operate a motor vehicle in this State, the <Texas> Department of
294-15 Public Safety shall deny to the person the issuance of a license or
294-16 permit for 90 days.
294-17 (j) This section applies only to a person arrested for an
294-18 offense involving the operation of a motor vehicle.
294-19 (k) A suspension under this Act may not be probated.
294-20 SECTION 1.11. Subsections (a), (c), (h), (i), and (j),
294-21 Section 3, Chapter 434, Acts of the 61st Legislature, Regular
294-22 Session, 1969 (Article 6701l-5, Vernon's Texas Civil Statutes), are
294-23 amended to read as follows:
294-24 (a) Upon the trial of any criminal action or proceeding
294-25 arising out of an offense involving the operation of a motor
294-26 vehicle or a watercraft under Chapter 49 <Subdivision (2),
294-27 Subsection (a), Section 19.05>, Penal Code, <or an offense under
295-1 Article 6701l-1, Revised Statutes,> evidence of the alcohol
295-2 concentration or presence of a controlled substance, <or> drug,
295-3 dangerous drug, or other substance as shown by analysis of a
295-4 specimen of the person's blood, breath, urine, or any other bodily
295-5 substances taken at the request or order of a peace officer, shall
295-6 be admissible.
295-7 (c) When a person gives a specimen of blood at the request
295-8 or order of a peace officer under the provisions of this Act, only
295-9 a physician, qualified technician, chemist, registered professional
295-10 nurse, or licensed vocational nurse may withdraw a blood specimen
295-11 for the purpose of determining the alcohol concentration or
295-12 presence of a controlled substance, <or> drug, dangerous drug, or
295-13 other substance therein. For purposes of this subsection,
295-14 "qualified technician" does not include emergency medical services
295-15 personnel. The sample must be taken in a sanitary place. The
295-16 person drawing the blood specimen at the request or order of a
295-17 peace officer under the provisions of this Act, or the hospital
295-18 where that person is taken for the purpose of securing the blood
295-19 specimen, shall not be held liable for damages arising from the
295-20 request or order of the peace officer to take the blood specimen as
295-21 provided herein, provided the blood specimen was withdrawn
295-22 according to recognized medical procedures, and provided further
295-23 that the foregoing shall not relieve any such person from liability
295-24 for negligence in the withdrawing of any blood specimen. Breath
295-25 specimens taken at the request or order of a peace officer must be
295-26 taken and analysis made under such conditions as may be prescribed
295-27 by the <Texas> Department of Public Safety, and by such persons as
296-1 the <Texas> Department of Public Safety has certified to be
296-2 qualified.
296-3 (h) Any person who is dead, unconscious, or otherwise in a
296-4 condition rendering the person incapable of refusal, whether the
296-5 person was arrested or not, shall be deemed not to have withdrawn
296-6 the consent provided by Section 1 of this Act. If the person is
296-7 dead, a specimen may be withdrawn by the county medical examiner or
296-8 the examiner's designated agent or, if there is no county medical
296-9 examiner for the county, by a licensed mortician or a person
296-10 authorized as provided by Subsection (c) of this section. If the
296-11 person is not dead but is incapable of refusal, a specimen may be
296-12 withdrawn by a person authorized as provided by Subsection (c) of
296-13 this section. Evidence of alcohol concentration or the presence of
296-14 a controlled substance, <or> drug, dangerous drug, or other
296-15 substance obtained by an analysis authorized by this subsection is
296-16 admissible in a civil or criminal action.
296-17 (i) A peace officer shall require a person to give a
296-18 specimen under Section 2 of this Act if:
296-19 (1) the officer arrests the person for an offense
296-20 involving the operation of a motor vehicle or a watercraft under
296-21 Chapter 49 <Subdivision (2), Subsection (a), Section 19.05>, Penal
296-22 Code<, or an offense under Article 6701l-1, Revised Statutes, as
296-23 amended>;
296-24 (2) the person was the operator of a motor vehicle or
296-25 a watercraft involved in an accident that the officer reasonably
296-26 believes occurred as a result of the offense;
296-27 (3) at the time of the arrest the officer reasonably
297-1 believes that a person has died or will die as a direct result of
297-2 the accident; and
297-3 (4) the person refuses the officer's request to
297-4 voluntarily give a specimen.
297-5 (j) In this Act:
297-6 (1) "Alcohol concentration" has the meaning assigned
297-7 by Section 49.01, Penal Code <means:>
297-8 <(A) the number of grams of alcohol per 100
297-9 milliliters of blood;>
297-10 <(B) the number of grams of alcohol per 210
297-11 liters of breath; or>
297-12 <(C) the number of grams of alcohol per 67
297-13 milliliters of urine>.
297-14 (2) "Controlled substance" has the <same> meaning
297-15 assigned by <as is given that term in> Section 481.002, Health and
297-16 Safety Code.
297-17 (3) "Dangerous drug" has the meaning assigned by
297-18 Section 483.001, Health and Safety Code.
297-19 (4) "Drug" has the <same> meaning assigned by <as is
297-20 given that term in> Section 481.002, Health and Safety Code.
297-21 (5) <(4)> "Intoxicated" has the meaning assigned by
297-22 Section 49.01, Penal Code <means:>
297-23 <(A) not having the normal use of mental or
297-24 physical faculties by reason of the introduction of alcohol, a
297-25 controlled substance, a drug, or a combination of two or more of
297-26 those substances into the body; or>
297-27 <(B) having an alcohol concentration of 0.10 or
298-1 more>.
298-2 <(5) "Public beach" has the same meaning as is given
298-3 that term in the Uniform Act Regulating Traffic on Highways
298-4 (Article 6701d, Vernon's Texas Civil Statutes).>
298-5 (6) <"Public highway" has the same meaning as is given
298-6 the term "highway" in the Uniform Act Regulating Traffic on
298-7 Highways (Article 6701d, Vernon's Texas Civil Statutes).>
298-8 <(7)> "Public place" has the meaning assigned by
298-9 <Subdivision (29), Subsection (a),> Section 1.07, Penal Code.
298-10 SECTION 1.12. Section 31.097, Parks and Wildlife Code, is
298-11 repealed.
298-12 SECTION 1.13. Section 1, Chapter 46, Acts of the 58th
298-13 Legislature, 1963 (Article 46f-3, Vernon's Texas Civil Statutes),
298-14 is repealed.
298-15 SECTION 1.14. Section 107E, Uniform Act Regulating Traffic
298-16 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
298-17 repealed.
298-18 SECTION 1.15. Article 6701l-1, Revised Statutes, is
298-19 repealed.
298-20 SECTION 1.16. Section 11.17, Chapter 10, Acts of the 72nd
298-21 Legislature, 2nd Called Session, 1991, is repealed.
298-22 ARTICLE 2
298-23 SECTION 2.01. Section 481.002, Health and Safety Code, is
298-24 amended by adding Subdivision (49) to read as follows:
298-25 (49) "Adulterant or dilutant" means any material that
298-26 increases the bulk or quantity of a controlled substance,
298-27 regardless of its effect on the chemical activity of the controlled
299-1 substance.
299-2 SECTION 2.02. Sections 481.108, 481.112, 481.113, 481.114,
299-3 481.115, 481.116, 481.117, 481.118, 481.119, 481.120, 481.121,
299-4 481.122, 481.125, 481.126, 481.127, 481.128, 481.129, and 481.131,
299-5 Health and Safety Code, are amended to read as follows:
299-6 Sec. 481.108. Preparatory Offenses. Title 4, Penal Code,
299-7 applies to <Section 481.126 and offenses designated as aggravated>
299-8 offenses under this subchapter<, except that the punishment for a
299-9 preparatory offense is the same as the punishment prescribed for
299-10 the offense that was the object of the preparatory offense>.
299-11 Sec. 481.112. Offense: Manufacture or Delivery of Substance
299-12 in Penalty Group 1. (a) Except as authorized by this chapter, a
299-13 person commits an offense if the person knowingly or intentionally
299-14 manufactures, delivers, or possesses with intent to manufacture or
299-15 deliver a controlled substance listed in Penalty Group 1.
299-16 (b) An offense under Subsection (a) is a state jail felony
299-17 <of the first degree> if the amount of the controlled substance to
299-18 which the offense applies is, by aggregate weight, including
299-19 adulterants or dilutants, less than one gram <28 grams>.
299-20 (c) An <A person commits an aggravated offense if the person
299-21 commits an> offense under Subsection (a) is a felony of the third
299-22 degree if <and> the amount of the controlled substance to which the
299-23 offense applies is, by aggregate weight, including adulterants or
299-24 dilutants, one gram <28 grams> or more but less than four grams.
299-25 (d) An offense under Subsection (a) <(c)> is a felony of the
299-26 second degree<:>
299-27 <(1) punishable by confinement in the Texas Department
300-1 of Corrections for life or for a term of not more than 99 years or
300-2 less than 5 years, and a fine not to exceed $50,000,> if the amount
300-3 of the controlled substance to which the offense applies is, by
300-4 aggregate weight, including adulterants or dilutants, four <28>
300-5 grams or more but less than 200 grams.
300-6 (e) An offense under Subsection (a) is a felony of the first
300-7 degree<;>
300-8 <(2) punishable by confinement in the Texas Department
300-9 of Corrections for life or for a term of not more than 99 years or
300-10 less than 10 years, and a fine not to exceed $100,000,> if the
300-11 amount of the controlled substance to which the offense applies is,
300-12 by aggregate weight, including adulterants or dilutants, 200 grams
300-13 or more but less than 400 grams.
300-14 (f) An offense under Subsection (a) is<; and>
300-15 <(3)> punishable by imprisonment <confinement> in the
300-16 institutional division of the Texas Department of Criminal Justice
300-17 <Corrections> for life or for a term of not more than 99 years or
300-18 less than 15 years, and a fine not to exceed $250,000, if the
300-19 amount of the controlled substance to which the offense applies is,
300-20 by aggregate weight, including adulterants or dilutants, 400 grams
300-21 or more.
300-22 Sec. 481.113. Offense: Manufacture or Delivery of Substance
300-23 in Penalty Group 2. (a) Except as authorized by this chapter, a
300-24 person commits an offense if the person knowingly or intentionally
300-25 manufactures, delivers, or possesses with intent to manufacture or
300-26 deliver a controlled substance listed in Penalty Group 2.
300-27 (b) An offense under Subsection (a) is a state jail felony
301-1 <of the second degree> if the amount of the controlled substance to
301-2 which the offense applies is, by aggregate weight, including
301-3 adulterants or dilutants, less than one gram <28 grams>.
301-4 (c) An <A person commits an aggravated offense if the person
301-5 commits an> offense under Subsection (a) is a felony of the third
301-6 degree if <and> the amount of the controlled substance to which the
301-7 offense applies is, by aggregate weight, including adulterants or
301-8 dilutants, one gram <28 grams> or more but less than four grams.
301-9 (d) An offense under Subsection (a) <(c)> is a felony of the
301-10 second degree<:>
301-11 <(1) punishable by confinement in the Texas Department
301-12 of Corrections for life or for a term of not more than 99 years or
301-13 less than 5 years, and a fine not to exceed $50,000,> if the amount
301-14 of the controlled substance to which the offense applies is, by
301-15 aggregate weight, including adulterants or dilutants, four <28>
301-16 grams or more <but less than 400 grams; and>
301-17 <(2) punishable by confinement in the Texas Department
301-18 of Corrections for life or for a term of not more than 99 years or
301-19 less than 10 years, and a fine not to exceed $100,000, if the
301-20 amount of the controlled substance to which the offense applies is,
301-21 by aggregate weight, including adulterants or dilutants, 400 grams
301-22 or more>.
301-23 Sec. 481.114. Offense: Manufacture or Delivery of Substance
301-24 in Penalty Group 3 or 4. (a) Except as authorized by this
301-25 chapter, a person commits an offense if the person knowingly or
301-26 intentionally manufactures, delivers, or possesses with intent to
301-27 manufacture or deliver a controlled substance listed in Penalty
302-1 Group 3 or 4.
302-2 (b) An offense under Subsection (a) is a state jail felony
302-3 <of the third degree> if the amount of the controlled substance to
302-4 which the offense applies is, by aggregate weight, including
302-5 adulterants or dilutants, less than 28 <200> grams.
302-6 (c) An <A person commits an aggravated offense if the person
302-7 commits an> offense under Subsection (a) is a felony of the second
302-8 degree if <and> the amount of the controlled substance to which the
302-9 offense applies is, by aggregate weight, including adulterants or
302-10 dilutants, 28 <200> grams or more.
302-11 <(d) An offense under Subsection (c) is:>
302-12 <(1) punishable by confinement in the Texas Department
302-13 of Corrections for life or for a term of not more than 99 years or
302-14 less than 5 years, and a fine not to exceed $50,000, if the amount
302-15 of the controlled substance to which the offense applies is, by
302-16 aggregate weight, including adulterants or dilutants, 200 grams or
302-17 more but less than 400 grams; and>
302-18 <(2) punishable by confinement in the Texas Department
302-19 of Corrections for life or for a term of not more than 99 years or
302-20 less than 10 years, and a fine not to exceed $100,000, if the
302-21 amount of the controlled substance to which the offense applies is,
302-22 by aggregate weight, including any adulterants or dilutants, 400
302-23 grams or more.>
302-24 Sec. 481.115. Offense: Possession of Substance in Penalty
302-25 Group 1. (a) Except as authorized by this chapter, a person
302-26 commits an offense if the person knowingly or intentionally
302-27 possesses a controlled substance listed in Penalty Group 1, unless
303-1 the person obtained the substance directly from or under a valid
303-2 prescription or order of a practitioner acting in the course of
303-3 professional practice.
303-4 (b) An offense under Subsection (a) is a state jail felony
303-5 <of the second degree> if the amount of the controlled substance
303-6 possessed is, by aggregate weight, including adulterants or
303-7 dilutants, less than one gram <28 grams>.
303-8 (c) An <A person commits an aggravated offense if the person
303-9 commits an> offense under Subsection (a) is a felony of the third
303-10 degree if <and> the amount of the controlled substance possessed
303-11 is, by aggregate weight, including adulterants or dilutants, one
303-12 gram <28 grams> or more but less than four grams.
303-13 (d) An offense under Subsection (a) <(c)> is a felony of the
303-14 second degree<:>
303-15 <(1) punishable by confinement in the Texas Department
303-16 of Corrections for life or for a term of not more than 99 years or
303-17 less than 5 years, and a fine not to exceed $50,000,> if the amount
303-18 of the controlled substance possessed is, by aggregate weight,
303-19 including adulterants or dilutants, four <28> grams or more but
303-20 less than 400 grams.
303-21 (e) An offense under Subsection (a) is a felony of the first
303-22 degree<; and>
303-23 <(2) punishable by confinement in the Texas Department
303-24 of Corrections for life or for a term of not more than 99 years or
303-25 less than 10 years, and a fine not to exceed $100,000,> if the
303-26 amount of the controlled substance possessed is, by aggregate
303-27 weight, including adulterants or dilutants, 400 grams or more.
304-1 Sec. 481.116. Offense: Possession of Substance in Penalty
304-2 Group 2. (a) Except as authorized by this chapter, a person
304-3 commits an offense if the person knowingly or intentionally
304-4 possesses a controlled substance listed in Penalty Group 2, unless
304-5 the person obtained the substance directly from or under a valid
304-6 prescription or order of a practitioner acting in the course of
304-7 professional practice.
304-8 (b) An offense under Subsection (a) is a state jail felony
304-9 <of the third degree> if the amount of the controlled substance
304-10 possessed is, by aggregate weight, including adulterants or
304-11 dilutants, less than one gram <28 grams>.
304-12 (c) An <A person commits an aggravated offense if the person
304-13 commits an> offense under Subsection (a) is a felony of the third
304-14 degree if <and> the amount of the controlled substance possessed
304-15 is, by aggregate weight, including adulterants or dilutants, one
304-16 gram <28 grams> or more but less than four grams.
304-17 (d) An offense under Subsection (a) <(c)> is a felony of the
304-18 second degree<:>
304-19 <(1) punishable by confinement in the Texas Department
304-20 of Corrections for life or for a term of not more than 99 years or
304-21 less than 5 years, and a fine not to exceed $50,000,> if the amount
304-22 of the controlled substance possessed is, by aggregate weight,
304-23 including adulterants or dilutants, four <28> grams or more <but
304-24 less than 400 grams; and>
304-25 <(2) punishable by confinement in the Texas Department
304-26 of Corrections for life or for a term of not more than 99 years or
304-27 less than 10 years, and a fine not to exceed $100,000, if the
305-1 amount of the controlled substance possessed is, by aggregate
305-2 weight, including adulterants or dilutants, 400 grams or more>.
305-3 Sec. 481.117. Offense: Possession of Substance in Penalty
305-4 Group 3. (a) Except as authorized by this chapter, a person
305-5 commits an offense if the person knowingly or intentionally
305-6 possesses a controlled substance listed in Penalty Group 3, unless
305-7 the person obtains the substance directly from or under a valid
305-8 prescription or order of a practitioner acting in the course of
305-9 professional practice.
305-10 (b) An offense under Subsection (a) is a Class A misdemeanor
305-11 if the amount of the controlled substance possessed is, by
305-12 aggregate weight, including adulterants or dilutants, less than 28
305-13 <200> grams.
305-14 (c) An <A person commits an aggravated offense if the person
305-15 commits an> offense under Subsection (a) is a felony of the second
305-16 degree if <and> the amount of the controlled substance possessed
305-17 is, by aggregate weight, including adulterants or dilutants, 28
305-18 <200> grams or more.
305-19 <(d) An offense under Subsection (c) is:>
305-20 <(1) punishable by confinement in the Texas Department
305-21 of Corrections for life or for a term of not more than 99 years or
305-22 less than 5 years, and a fine not to exceed $50,000, if the amount
305-23 of the controlled substance possessed is, by aggregate weight,
305-24 including adulterants or dilutants, 200 grams or more but less than
305-25 400 grams; and>
305-26 <(2) punishable by confinement in the Texas Department
305-27 of Corrections for life or for a term of not more than 99 years or
306-1 less than 10 years, and a fine not to exceed $100,000, if the
306-2 amount of the controlled substance possessed is, by aggregate
306-3 weight, including adulterants or dilutants, 400 grams or more.>
306-4 Sec. 481.118. Offense: Possession Of Substance In Penalty
306-5 Group 4. (a) Except as authorized by this chapter, a person
306-6 commits an offense if the person knowingly or intentionally
306-7 possesses a controlled substance listed in Penalty Group 4, unless
306-8 the person obtained the substance directly from or under a valid
306-9 prescription or order of a practitioner acting in the course of
306-10 practice.
306-11 (b) An offense under Subsection (a) is a Class B misdemeanor
306-12 if the amount of the controlled substance possessed is, by
306-13 aggregate weight, including adulterants or dilutants, less than 28
306-14 <200> grams.
306-15 (c) An <A person commits an aggravated offense if the person
306-16 commits an> offense under Subsection (a) is a felony of the second
306-17 degree if <and> the amount of the controlled substance possessed
306-18 is, by aggregate weight, including adulterants or dilutants, 28
306-19 <200> grams or more.
306-20 <(d) An offense under Subsection (c) is:>
306-21 <(1) punishable by confinement in the Texas Department
306-22 of Corrections for life or a term of not more than 99 years or less
306-23 than 5 years, and a fine not to exceed $50,000, if the amount of
306-24 the controlled substance possessed is, by aggregate weight,
306-25 including adulterants or dilutants, 200 grams or more but less than
306-26 400 grams; and>
306-27 <(2) punishable by confinement in the Texas Department
307-1 of Corrections for life or for a term of not more than 99 years or
307-2 less than 10 years, and a fine not to exceed $100,000, if the
307-3 amount of the controlled substance possessed is, by aggregate
307-4 weight, including adulterants or dilutants, 400 grams or more.>
307-5 Sec. 481.119. Offense: Manufacture, Delivery, or Possession
307-6 of Miscellaneous Substances. (a) A person commits an offense if
307-7 the person knowingly or intentionally manufactures, delivers, or
307-8 possesses with intent to manufacture or deliver a controlled
307-9 substance listed in a schedule by an action of the commissioner
307-10 under this chapter but not listed in a penalty group. An offense
307-11 under this subsection is a Class A misdemeanor.
307-12 (b) A person commits an offense if the person knowingly or
307-13 intentionally possesses a controlled substance listed in a schedule
307-14 by an action of the commissioner under this chapter but not listed
307-15 in a penalty group. An offense under this subsection is a Class B
307-16 misdemeanor.
307-17 Sec. 481.120. Offense: Delivery of Marihuana. (a) Except
307-18 as authorized by this chapter, a person commits an offense if the
307-19 person knowingly or intentionally delivers marihuana.
307-20 (b) An offense under Subsection (a) is:
307-21 (1) a Class B misdemeanor if the amount of marihuana
307-22 delivered is one-fourth ounce or less and the person committing the
307-23 offense does not receive remuneration for the marihuana;
307-24 (2) a Class A misdemeanor if the amount of marihuana
307-25 delivered is one-fourth ounce or less and the person committing the
307-26 offense receives remuneration for the marihuana;
307-27 (3) a state jail felony <of the third degree> if the
308-1 amount of marihuana delivered is five pounds <four ounces> or less
308-2 but more than one-fourth ounce;
308-3 (4) a felony of the third <second> degree if the
308-4 amount of marihuana delivered is 50 <five> pounds or less but more
308-5 than five pounds <four ounces>; <and>
308-6 (5) a felony of the second <first> degree if the
308-7 amount of marihuana delivered is 2,000 <50> pounds or less but more
308-8 than 50 <5> pounds; and<.>
308-9 (6) a felony of the first degree
308-10 <(c) A person commits an aggravated offense if the person
308-11 commits an offense under Subsection (a) and the amount of marihuana
308-12 delivered is more than 50 pounds.>
308-13 <(d) An offense under Subsection (c) is:>
308-14 <(1) punishable by confinement in the Texas Department
308-15 of Corrections for life or for a term of not more than 99 years or
308-16 less than 5 years, and a fine not to exceed $50,000, if the amount
308-17 of marihuana delivered is 200 pounds or less but more than 50
308-18 pounds;>
308-19 <(2) punishable by confinement in the Texas Department
308-20 of Corrections for life or for a term of not more than 99 years or
308-21 less than 10 years, and a fine not to exceed $100,000, if the
308-22 amount of marihuana delivered is 2,000 pounds or less but more than
308-23 200 pounds; and>
308-24 <(3) punishable by confinement in the Texas Department
308-25 of Corrections for life or for a term of not more than 99 years or
308-26 less than 15 years, and a fine not to exceed $250,000,> if the
308-27 amount of marihuana delivered is more than 2,000 pounds.
309-1 Sec. 481.121. Offense: Possession of Marihuana.
309-2 (a) Except as authorized by this chapter, a person commits an
309-3 offense if the person knowingly or intentionally possesses a usable
309-4 quantity of marihuana.
309-5 (b) An offense under Subsection (a) is:
309-6 (1) a Class B misdemeanor if the amount of marihuana
309-7 possessed is two ounces or less;
309-8 (2) a Class A misdemeanor if the amount of marihuana
309-9 possessed is four ounces or less but more than two ounces;
309-10 (3) a state jail felony <of the third degree> if the
309-11 amount of marihuana possessed is five pounds or less but more than
309-12 four ounces; <and>
309-13 (4) a felony of the third <second> degree if the
309-14 amount of marihuana possessed is 50 pounds or less but more than 5
309-15 pounds;<.>
309-16 (5) a felony of the second degree if
309-17 <(c) A person commits an aggravated offense if the person
309-18 commits an offense under Subsection (a) and> the amount of
309-19 marihuana possessed is 2,000 pounds or less but more than 50
309-20 pounds; and<.>
309-21 (6) a felony of the first degree
309-22 <(d) An offense under Subsection (c) is:>
309-23 <(1) punishable by confinement in the Texas Department
309-24 of Corrections for life or for a term of not more than 99 years or
309-25 less than 5 years, and a fine not to exceed $50,000, if the amount
309-26 of marihuana possessed is 200 pounds or less but more than 50
309-27 pounds;>
310-1 <(2) punishable by confinement in the Texas Department
310-2 of Corrections for life or for a term of not more than 99 years or
310-3 less than 10 years, and a fine not to exceed $100,000, if the
310-4 amount of marihuana possessed is 2,000 pounds or less but more than
310-5 200 pounds; and>
310-6 <(3) punishable by confinement in the Texas Department
310-7 of Corrections for life or for a term of not more than 99 years or
310-8 less than 15 years, and a fine not to exceed $250,000,> if the
310-9 amount of marihuana possessed is more than 2,000 pounds.
310-10 <(e) An offense for which the punishment is prescribed by
310-11 Subsection (b) may not be considered a crime of moral turpitude.>
310-12 Sec. 481.122. Offense: Delivery of Controlled Substance or
310-13 Marihuana to Minor. (a) Except as authorized by this chapter, a
310-14 person commits an <aggravated> offense if the person knowingly or
310-15 intentionally delivers a controlled substance listed in Penalty
310-16 Group 1, 2, or 3 or knowingly or intentionally delivers marihuana
310-17 and the person delivers the controlled substance or marihuana to a
310-18 person:
310-19 (1) who is 17 years of age or younger;
310-20 (2) who the actor knows or believes intends to deliver
310-21 the controlled substance or marihuana to a person 17 years of age
310-22 or younger;
310-23 (3) who is enrolled in an elementary or secondary
310-24 school; or
310-25 (4) who the actor knows or believes intends to deliver
310-26 the controlled substance or marihuana to a person who is enrolled
310-27 in an elementary or secondary school.
311-1 (b) It is an affirmative defense to prosecution under this
311-2 section that:
311-3 (1) the actor was younger than 18 years of age when
311-4 the offense was committed; or
311-5 (2) the actor was younger than 21 years of age when
311-6 the offense was committed and delivered only marihuana in an amount
311-7 less than one-fourth ounce for which the actor did not receive
311-8 remuneration.
311-9 (c) An offense under this section is a felony of the second
311-10 <first> degree.
311-11 Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG
311-12 PARAPHERNALIA. (a) A person commits an offense if the person
311-13 knowingly or intentionally uses or possesses with intent to use
311-14 drug paraphernalia to plant, propagate, cultivate, grow, harvest,
311-15 manufacture, compound, convert, produce, process, prepare, test,
311-16 analyze, pack, repack, store, contain, or conceal a controlled
311-17 substance in violation of this chapter or to inject, ingest,
311-18 inhale, or otherwise introduce into the human body a controlled
311-19 substance in violation of this chapter.
311-20 (b) A person commits an offense if the person knowingly or
311-21 intentionally delivers, possesses with intent to deliver, or
311-22 manufactures with intent to deliver drug paraphernalia knowing that
311-23 the person who receives or who is intended to receive the drug
311-24 paraphernalia intends that it be used to plant, propagate,
311-25 cultivate, grow, harvest, manufacture, compound, convert, produce,
311-26 process, prepare, test, analyze, pack, repack, store, contain, or
311-27 conceal a controlled substance in violation of this chapter or to
312-1 inject, ingest, inhale, or otherwise introduce into the human body
312-2 a controlled substance in violation of this chapter.
312-3 (c) A person commits an offense if the person commits an
312-4 offense under Subsection (b), is 18 years of age or older, and the
312-5 person who receives or who is intended to receive the drug
312-6 paraphernalia is younger than 18 years of age and at least three
312-7 years younger than the actor.
312-8 (d) An offense under Subsection (a) is a Class C
312-9 misdemeanor<, unless it is shown on the trial of a defendant that
312-10 the defendant has previously been convicted under Subsection (a),
312-11 in which event the offense is a Class B misdemeanor>.
312-12 (e) An offense under Subsection (b) is a Class A
312-13 misdemeanor, unless it is shown on the trial of a defendant that
312-14 the defendant has previously been convicted under Subsection (b) or
312-15 (c), in which event the offense is punishable by confinement in
312-16 jail for a term of not more than one year or less than 90 days <a
312-17 felony of the third degree>.
312-18 (f) An offense under Subsection (c) is a state jail felony
312-19 <of the third degree>.
312-20 Sec. 481.126. OFFENSE: ILLEGAL EXPENDITURE OR INVESTMENT.
312-21 (a) A person commits an offense if the person knowingly or
312-22 intentionally:
312-23 (1) expends funds the person knows are derived from
312-24 the commission of an offense:
312-25 (A) under Section 481.115(a) or 481.116(a)
312-26 <481.112(c), 481.113(c), 481.114(c), 481.115(c), 481.116(c),
312-27 481.117(c), 481.118(c), 481.120(c), or 481.121(c)>; or
313-1 (B) punishable under Section 481.112(d),
313-2 481.112(e), 481.113(d), 481.114(c), 481.117(c), 481.118(c),
313-3 481.120(b)(5), 481.120(b)(6), 481.121(b)(5), or 481.121(b)(6); or
313-4 (2) finances or invests funds the person knows or
313-5 believes are intended to further the commission of an offense
313-6 listed in Subdivision (1) or an offense for which the punishment is
313-7 listed under Subdivision (1).
313-8 (b) An offense under this section is a felony of the first
313-9 degree <punishable by confinement in the Texas Department of
313-10 Corrections for life or for a term of not more than 99 years or
313-11 less than 5 years, and a fine of not more than $1,000,000 or less
313-12 than $50,000>.
313-13 Sec. 481.127. OFFENSE: UNAUTHORIZED DISCLOSURE OF
313-14 INFORMATION. (a) A person commits an offense if the person
313-15 intentionally or knowingly gives, permits, or obtains unauthorized
313-16 access to information submitted to the Department of Public Safety
313-17 under Section 481.075.
313-18 (b) An offense under this section is a state jail felony <of
313-19 the third degree>.
313-20 Sec. 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL
313-21 MATTERS. (a) A registrant or dispenser commits an offense if the
313-22 registrant or dispenser knowingly or intentionally:
313-23 (1) distributes, delivers, administers, or dispenses
313-24 a controlled substance in violation of Sections 481.070-481.074;
313-25 (2) manufactures a controlled substance not authorized
313-26 by the person's registration or distributes or dispenses a
313-27 controlled substance not authorized by the person's registration to
314-1 another registrant or other person;
314-2 (3) refuses or fails to make, keep, or furnish a
314-3 record, report, notification, order form, statement, invoice, or
314-4 information required by this chapter;
314-5 (4) prints, manufactures, possesses, or produces a
314-6 triplicate prescription form without the approval of the Department
314-7 of Public Safety;
314-8 (5) delivers or possesses a counterfeit triplicate
314-9 prescription;
314-10 (6) refuses an entry into a premise for an inspection
314-11 authorized by this chapter;
314-12 (7) refuses or fails to return a triplicate
314-13 prescription form as required by Section 481.075(h); or
314-14 (8) refuses or fails to make, keep, or furnish a
314-15 record, report, notification, order form, statement, invoice, or
314-16 information required by a rule adopted before June 1, 1991, by the
314-17 director.
314-18 (b) If the registrant or dispenser knowingly or
314-19 intentionally refuses or fails to make, keep, or furnish a record,
314-20 report, notification, order form, statement, invoice, or
314-21 information required by a rule or a rule amendment adopted on or
314-22 after June 1, 1991, by the director, the registrant or dispenser is
314-23 liable to the state for a civil penalty of not more than $5,000 for
314-24 each act.
314-25 (c) If the registrant or dispenser negligently fails to
314-26 make, keep, or furnish a record, report, notification, order form,
314-27 statement, invoice, or information required by a rule or a rule
315-1 amendment adopted on or after June 1, 1991, by the director, the
315-2 registrant or dispenser is liable to the state for a civil penalty
315-3 of not more than $1,000 for each act.
315-4 (d) An offense under Subsection (a) is a state jail felony
315-5 <of the second degree, unless it is shown on the trial of a
315-6 defendant that the defendant has previously been convicted under
315-7 Subsection (a), in which event the offense is a felony of the first
315-8 degree>.
315-9 (e) If a person negligently commits an act that would
315-10 otherwise be an offense under Subsection (a), the person is liable
315-11 to the state for a civil penalty of not less than $5,000 or more
315-12 than $10,000 for each act.
315-13 (f) A district attorney of the county where the act occurred
315-14 may file suit in district court in that county to collect a civil
315-15 penalty under this section, or the district attorney of Travis
315-16 County or the attorney general may file suit in district court in
315-17 Travis County to collect the penalty.
315-18 Sec. 481.129. OFFENSE: FRAUD. (a) A person commits an
315-19 offense if the person knowingly or intentionally:
315-20 (1) distributes as a registrant or dispenser a
315-21 controlled substance listed in Schedule I or II, unless the person
315-22 distributes the controlled substance under an order form as
315-23 required by Section 481.069;
315-24 (2) uses in the course of manufacturing, prescribing,
315-25 or distributing a controlled substance a registration number that
315-26 is fictitious, revoked, suspended, or issued to another person;
315-27 (3) uses a triplicate prescription form issued to
316-1 another person to prescribe a controlled substance;
316-2 (4) possesses or attempts to possess a controlled
316-3 substance:
316-4 (A) by misrepresentation, fraud, forgery,
316-5 deception, or subterfuge;
316-6 (B) through use of a fraudulent prescription
316-7 form; or
316-8 (C) through use of a fraudulent oral or
316-9 telephonically communicated prescription; or
316-10 (5) furnishes false or fraudulent material information
316-11 in or omits material information from an application, report,
316-12 record, or other document required to be kept or filed under this
316-13 chapter.
316-14 (b) A person commits an offense if the person knowingly or
316-15 intentionally:
316-16 (1) makes, distributes, or possesses a punch, die,
316-17 plate, stone, or other thing designed to print, imprint, or
316-18 reproduce an actual or simulated trademark, trade name, or other
316-19 identifying mark, imprint, or device of another on a controlled
316-20 substance or the container or label of a container for a controlled
316-21 substance, so as to make the controlled substance a counterfeit
316-22 substance; or
316-23 (2) manufactures, delivers, or possesses with intent
316-24 to deliver a counterfeit substance.
316-25 (c) A person commits an offense if the person knowingly or
316-26 intentionally:
316-27 (1) delivers a prescription or a prescription form for
317-1 other than a valid medical purpose in the course of professional
317-2 practice; or
317-3 (2) possesses a prescription for a controlled
317-4 substance or a prescription form unless the prescription or
317-5 prescription form is possessed:
317-6 (A) during the manufacturing or distribution
317-7 process;
317-8 (B) by a practitioner, practitioner's agent, or
317-9 an institutional practitioner for a valid medical purpose during
317-10 the course of professional practice;
317-11 (C) by a pharmacist or agent of a pharmacy
317-12 during the professional practice of pharmacy;
317-13 (D) under a practitioner's order made by the
317-14 practitioner for a valid medical purpose in the course of
317-15 professional practice; or
317-16 (E) by an officer or investigator authorized to
317-17 enforce this chapter within the scope of the officer's or
317-18 investigator's official duties.
317-19 (d) An offense under Subsection (a) is:
317-20 (1) a felony of the second degree if the controlled
317-21 substance that is the subject of the offense is listed in Schedule
317-22 I or II;
317-23 (2) a felony of the third degree if the controlled
317-24 substance that is the subject of the offense is listed in Schedule
317-25 III or IV; and
317-26 (3) a Class A misdemeanor if the controlled substance
317-27 that is the subject of the offense is listed in Schedule V.
318-1 (e) An offense under Subsection (b) is a Class A
318-2 misdemeanor.
318-3 (f) An offense under Subsection (c)(1) is:
318-4 (1) a felony of the second degree if the defendant
318-5 delivers:
318-6 (A) a prescription form; or
318-7 (B) a prescription for a controlled substance
318-8 listed in Schedule II; and
318-9 (2) a felony of the third degree if the defendant
318-10 delivers a prescription for a controlled substance listed in
318-11 Schedule III, IV, or V.
318-12 (g) An offense under Subsection (c)(2) is:
318-13 (1) a state jail felony <of the third degree> if the
318-14 defendant possesses:
318-15 (A) a prescription form; or
318-16 (B) a prescription for a controlled substance
318-17 listed in Schedule II or III; and
318-18 (2) a Class B misdemeanor if the defendant possesses a
318-19 prescription for a controlled substance listed in Schedule IV or V.
318-20 Sec. 481.131. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE
318-21 PROPERTY OR PLANT. (a) A person commits an offense if the person
318-22 intentionally or knowingly:
318-23 (1) converts to the person's own use or benefit a
318-24 controlled substance property or plant seized under Section 481.152
318-25 or 481.153; or
318-26 (2) diverts to the unlawful use or benefit of another
318-27 person a controlled substance property or plant seized under
319-1 Section 481.152 or 481.153.
319-2 (b) An offense under this section is a state jail felony <of
319-3 the third degree>.
319-4 SECTION 2.03. Section 482.002, Health and Safety Code, is
319-5 amended to read as follows:
319-6 Sec. 482.002. UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT
319-7 TO DELIVER; CRIMINAL PENALTY. (a) A person commits an offense if
319-8 the person knowingly or intentionally manufactures with the intent
319-9 to deliver or delivers a simulated controlled substance and the
319-10 person:
319-11 (1) expressly represents the substance to be a
319-12 controlled substance;
319-13 (2) represents the substance to be a controlled
319-14 substance in a manner that would lead a reasonable person to
319-15 believe that the substance is a controlled substance; or
319-16 (3) states to the person receiving or intended to
319-17 receive the simulated controlled substance that the person may
319-18 successfully represent the substance to be a controlled substance
319-19 to a third party.
319-20 (b) It is a defense to prosecution under this section that
319-21 the person manufacturing with the intent to deliver or delivering
319-22 the simulated controlled substance was:
319-23 (1) acting in the discharge of the person's official
319-24 duties as a peace officer;
319-25 (2) manufacturing the substance for or delivering the
319-26 substance to a licensed medical practitioner for use as a placebo
319-27 in the course of the practitioner's research or practice; or
320-1 (3) a licensed medical practitioner, pharmacist, or
320-2 other person authorized to dispense or administer a controlled
320-3 substance, and the person was acting in the legitimate performance
320-4 of the person's professional duties.
320-5 (c) It is not a defense to prosecution under this section
320-6 that the person manufacturing with the intent to deliver or
320-7 delivering the simulated controlled substance believed the
320-8 substance to be a controlled substance.
320-9 (d) An offense under this section is a state jail felony <of
320-10 the third degree>.
320-11 SECTION 2.04. Section 483.042, Health and Safety Code, is
320-12 amended to read as follows:
320-13 Sec. 483.042. DELIVERY OR OFFER OF DELIVERY OF DANGEROUS
320-14 DRUG. (a) A person commits an offense if the person delivers or
320-15 offers to deliver a dangerous drug:
320-16 (1) unless:
320-17 (A) the dangerous drug is delivered or offered
320-18 for delivery by a pharmacist under:
320-19 (i) a prescription issued by a
320-20 practitioner described by Section 483.001(12)(A) or (B); or
320-21 (ii) an original written prescription
320-22 issued by a practitioner described by Section 483.001(12)(C); and
320-23 (B) a label is attached to the immediate
320-24 container in which the drug is delivered or offered to be delivered
320-25 and the label contains the following information:
320-26 (i) the name and address of the pharmacy
320-27 from which the drug is delivered or offered for delivery;
321-1 (ii) the date the prescription for the
321-2 drug is dispensed;
321-3 (iii) the number of the prescription as
321-4 filed in the prescription files of the pharmacy from which the
321-5 prescription is dispensed;
321-6 (iv) the name of the practitioner who
321-7 prescribed the drug;
321-8 (v) the name of the patient and, if the
321-9 drug is prescribed for an animal, a statement of the species of the
321-10 animal; and
321-11 (vi) directions for the use of the drug as
321-12 contained in the prescription; or
321-13 (2) unless:
321-14 (A) the dangerous drug is delivered or offered
321-15 for delivery by a practitioner in the course of practice; and
321-16 (B) a label is attached to the immediate
321-17 container in which the drug is delivered or offered to be delivered
321-18 and the label contains the following information:
321-19 (i) the name and address of the
321-20 practitioner;
321-21 (ii) the date the drug is delivered;
321-22 (iii) the name of the patient and, if the
321-23 drug is prescribed for an animal, a statement of the species of the
321-24 animal; and
321-25 (iv) the name of the drug, the strength of
321-26 the drug, and directions for the use of the drug.
321-27 (b) Subsection (a) does not apply to the delivery or offer
322-1 for delivery of a dangerous drug to a person listed in Section
322-2 483.041(c) for use in the usual course of business or practice or
322-3 in the performance of official duties by the person.
322-4 (c) Proof of an offer to sell a dangerous drug must be
322-5 corroborated by a person other than the offeree or by evidence
322-6 other than a statement by the offeree.
322-7 (d) An offense under this section is a state jail felony <of
322-8 the third degree>.
322-9 SECTION 2.05. Section 483.043, Health and Safety Code, is
322-10 amended to read as follows:
322-11 Sec. 483.043. MANUFACTURE OF DANGEROUS DRUG. (a) A person
322-12 commits an offense if the person manufactures a dangerous drug and
322-13 the person is not authorized by law to manufacture the drug.
322-14 (b) An offense under this section is a state jail felony <of
322-15 the third degree>.
322-16 SECTION 2.06. Section 485.033, Health and Safety Code, is
322-17 amended to read as follows:
322-18 Sec. 485.033. DELIVERY TO A MINOR. (a) A person commits an
322-19 offense if the person intentionally, knowingly, or recklessly
322-20 delivers abusable glue or aerosol paint to a person who is younger
322-21 than 18 years of age.
322-22 (b) It is a defense to prosecution under this section that
322-23 the abusable glue or aerosol paint that was delivered contains
322-24 additive material that effectively discourages intentional abuse by
322-25 inhalation or is in compliance with rules adopted by the
322-26 commissioner under Section 485.011.
322-27 (c) It is an affirmative defense to prosecution under this
323-1 section that:
323-2 (1) the person making the delivery is an adult having
323-3 supervisory responsibility over the person younger than 18 years of
323-4 age and:
323-5 (A) the adult permits the use of the abusable
323-6 glue or aerosol paint only under the adult's direct supervision and
323-7 in the adult's presence and only for its intended purpose; and
323-8 (B) the adult removes the substance from the
323-9 person younger than 18 years of age on completion of that use; or
323-10 (2) the person to whom the abusable glue or aerosol
323-11 paint was delivered presented to the defendant an apparently valid
323-12 Texas driver's license or an identification card, issued by the
323-13 Department of Public Safety of the State of Texas and containing a
323-14 physical description consistent with the person's appearance, that
323-15 purported to establish that the person was 18 years of age or
323-16 older.
323-17 (d) Except as provided by Subsections (e) and (f), an
323-18 offense under this section is a state jail felony <of the third
323-19 degree>.
323-20 (e) An offense under this section is a Class B misdemeanor
323-21 if it is shown on the trial of the defendant that at the time of
323-22 the delivery the defendant or the defendant's employer had a glue
323-23 and paint sales permit for the location of the sale.
323-24 (f) An offense under this section is a Class A misdemeanor
323-25 if it is shown on the trial of the defendant that at the time of
323-26 the delivery the defendant or the defendant's employer:
323-27 (1) did not have a glue and paint sales permit but did
324-1 have a sales tax permit for the location of the sale; and
324-2 (2) had not been convicted previously under this
324-3 section for an offense committed after January 1, 1988.
324-4 SECTION 2.07. Sections 481.106 and 481.107, Health and
324-5 Safety Code, are repealed.
324-6 ARTICLE 3
324-7 SECTION 3.01. Subsection (a), Article 13.25, Code of
324-8 Criminal Procedure, is amended to read as follows:
324-9 (a) In this section "access," "computer," "computer
324-10 network," "computer program," <and> "computer system," and "owner"
324-11 have the meanings assigned to those terms in Section 33.01, Penal
324-12 Code.
324-13 SECTION 3.02. Subsection (d), Article 14.03, Code of
324-14 Criminal Procedure, is amended to read as follows:
324-15 (d) A peace officer who is outside his jurisdiction may
324-16 arrest, without warrant, a person who commits an offense within the
324-17 officer's presence or view, if the offense is a felony, <or> a
324-18 violation of Title 9, Chapter 42, Penal Code, a breach of the
324-19 peace, or an offense under Section 49.02, Penal Code. A peace
324-20 officer making an arrest under this subsection shall, as soon as
324-21 practicable after making the arrest, notify a law enforcement
324-22 agency having jurisdiction where the arrest was made. The law
324-23 enforcement agency shall then take custody of the person committing
324-24 the offense and take the person before a magistrate in compliance
324-25 with Article 14.06 of this code.
324-26 SECTION 3.03. Subsection (a), Article 102.016, Code of
324-27 Criminal Procedure, is amended to read as follows:
325-1 (a) A person convicted of an offense under Chapter 49
325-2 <Article 6701l1-1, Revised Statutes, Section 19.05(a)(2)>, Penal
325-3 Code, other than an offense punishable as a Class C misdemeanor, or
325-4 of an offense under the Texas Commercial Driver's License Act
325-5 (Article 6687b-2, Revised Statutes), <or Section 31.097, Parks and
325-6 Wildlife Code,> shall pay as court costs $30, in addition to other
325-7 court costs.
325-8 SECTION 3.04. Subsection (b), Article 102.081, Code of
325-9 Criminal Procedure, is amended to read as follows:
325-10 (b) A person convicted of an offense under Chapter 49, Penal
325-11 Code, other than an offense punishable as a Class C misdemeanor
325-12 <Article 6701l-1, Revised Statutes>, shall pay as a cost of court
325-13 $25.
325-14 ARTICLE 4
325-15 SECTION 4.01. Subsection (d), Section 5, Article 42.12, Code
325-16 of Criminal Procedure, is amended to read as follows:
325-17 (d) This section does not apply to a defendant charged with
325-18 an offense under:
325-19 (1) Sections <Subdivision (2), Subsection (a),
325-20 Section> 19.05(a)(2), 49.04, 49.05, 49.06, 49.07, or 49.08, Penal
325-21 Code;
325-22 (2) <, an offense under> Sections 481.107(b) through
325-23 (e), 481.122, or 481.126, Health and Safety Code;
325-24 (3) <, an offense under Article 6701l-1, Revised
325-25 Statutes, an offense under> Section 34, Chapter 173, Acts of the
325-26 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
325-27 Texas Civil Statutes);
326-1 (4) <, an offense under> Section 32(c), Texas Motor
326-2 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
326-3 Civil Statutes); or
326-4 (5) <, or an offense under> Section 10, Texas
326-5 Commercial Driver's License Act (Article 6687b-2, Revised
326-6 Statutes).
326-7 SECTION 4.02. Article 42.12, Code of Criminal Procedure, is
326-8 amended by adding Section 13A to read as follows:
326-9 Sec. 13A. SUBSTANCE ABUSE FELONY PROGRAM. (a) If a judge
326-10 requires as a condition of community supervision that an eligible
326-11 defendant serve a term of confinement and treatment in a substance
326-12 abuse treatment facility operated by the community justice
326-13 assistance division of the Texas Department of Criminal Justice,
326-14 the term must be an indeterminate term of not more than one year or
326-15 less than six months.
326-16 (b) A defendant is an eligible defendant for the purposes of
326-17 this section if:
326-18 (1) the judge makes an affirmative finding that drug
326-19 or alcohol abuse significantly contributed to the commission of the
326-20 offense; and
326-21 (2) the judge determines that the defendant meets the
326-22 eligibility criteria adopted by the Texas Board of Criminal
326-23 Justice.
326-24 ARTICLE 5
326-25 SECTION 5.01. Article 42.12, Code of Criminal Procedure, is
326-26 amended by adding Section 3A to read as follows:
326-27 Sec. 3A. PROCEDURES RELATING TO STATE JAIL FELONY PROBATION.
327-1 (a) On conviction of a state jail felony, the judge shall suspend
327-2 the imposition of the sentence of confinement and place the
327-3 defendant on probation. The judge may suspend in whole or in part
327-4 the imposition of any fine imposed on conviction.
327-5 (b) The minimum period of probation a judge may impose under
327-6 this section is two years. The maximum period of probation a judge
327-7 may impose under this section is five years, except that the judge
327-8 may extend the period of probation under this section as often as
327-9 the judge determines is necessary, but in no case may the period of
327-10 probation exceed eight years. A judge may extend a period of
327-11 probation under this section at any time during the period of
327-12 probation, or if a motion for revocation of probation is filed
327-13 before the period of probation ends, before the first anniversary
327-14 of the expiration of the period of probation.
327-15 (c) A judge may impose any condition of probation on a
327-16 defendant that the judge could impose on a probationer convicted of
327-17 an offense other than a state jail felony, except that the judge
327-18 may impose on the defendant a condition that the defendant submit
327-19 to a term of detention in a county jail under Section 12 of this
327-20 article only if the term does not exceed 60 days.
327-21 (d) A judge may impose as a condition of probation that a
327-22 defendant submit at the beginning of the probationary period to a
327-23 term of confinement in a state jail felony facility for a term not
327-24 to exceed 90 days, or one year if the defendant is convicted of an
327-25 offense punishable as a state jail felony under Section 481.112,
327-26 Health and Safety Code, or previously has been convicted of a
327-27 felony. A judge may not require a defendant to submit to both the
328-1 term of confinement authorized by this subsection and a term of
328-2 detention under Section 12 of this article. For the purposes of
328-3 this subsection, a defendant previously has been convicted of a
328-4 felony regardless of whether the sentence for the previous
328-5 conviction was actually imposed or the defendant received probation
328-6 for the offense.
328-7 (e) If a defendant violates a condition of probation imposed
328-8 on the defendant under this article and after a hearing under
328-9 Section 24 of this article the judge modifies the defendant's
328-10 probation, the judge may impose any sanction permitted by Section
328-11 25 of this article. The judge may not require a defendant to serve
328-12 a period of confinement in a state jail felony facility as a
328-13 modification of the defendant's probation.
328-14 (f) If a defendant violates a condition of probation imposed
328-15 on the defendant under this article and after a hearing under
328-16 Section 24 of this article the judge revokes the defendant's
328-17 probation, the judge shall dispose of the case in the manner
328-18 provided by Section 26 of this article. The court retains
328-19 jurisdiction over the defendant until the 181st day after the date
328-20 the defendant is received into the custody of the state jail
328-21 division. At any time after the 75th day after the date the
328-22 defendant is received into the custody of the state jail division
328-23 and before the 181st day after the date the defendant is received
328-24 into the custody of the state jail division, the judge on the
328-25 judge's own motion, on the motion of the attorney representing the
328-26 state, or on the motion of the defendant may suspend the further
328-27 execution of the sentence and place the defendant on probation
329-1 under the conditions of this section.
329-2 (g) The state jail division of the Texas Department of
329-3 Criminal Justice shall report to a judge who orders a defendant
329-4 confined in a state jail felony facility not less than every 90
329-5 days on the defendant's progress, conduct, and conformity to state
329-6 jail division rules.
329-7 (h) A defendant confined in a state jail felony facility
329-8 after revocation of probation does not earn good conduct time for
329-9 time served in the facility. A court may credit time served by a
329-10 defendant in a county jail after modification of probation against
329-11 any time the defendant is subsequently required to serve in a state
329-12 jail felony facility after revocation of probation. A judge shall
329-13 credit time served by a defendant in a state jail felony facility
329-14 under Subsection (d) of this section against any time the defendant
329-15 is subsequently required to serve in a state jail felony facility
329-16 after revocation of probation.
329-17 SECTION 5.02. Subsection (a), Section 3g, Article 42.12,
329-18 Code of Criminal Procedure, is amended to read as follows:
329-19 (a) The provisions of Section 3 of this article do not
329-20 apply:
329-21 (1) to a defendant adjudged guilty of an offense
329-22 defined by the following sections of the Penal Code:
329-23 (A) Section 19.02 (Murder);
329-24 (B) Section 19.03 (Capital murder);
329-25 (C) Section 21.11(a)(1) (Indecency with a
329-26 child);
329-27 (D) <(B)> Section 20.04 (Aggravated kidnapping);
330-1 (E) <(C)> Section 22.021 (Aggravated sexual
330-2 assault);
330-3 (F) <(D)> Section 29.03 (Aggravated robbery); or
330-4 (2) to a defendant when it is shown that a deadly
330-5 weapon as defined in Section 1.07(a)(11), Penal Code, was used or
330-6 exhibited during the commission of a felony offense or during
330-7 immediate flight therefrom, and that the defendant used or
330-8 exhibited the deadly weapon or was a party to the offense and knew
330-9 that a deadly weapon would be used or exhibited. On an affirmative
330-10 finding under this subdivision, the trial court shall enter the
330-11 finding in the judgment of the court. On an affirmative finding
330-12 that the deadly weapon was a firearm, the court shall enter that
330-13 finding in its judgment.
330-14 SECTION 5.03. Subsection (a), Section 5, Article 42.12, Code
330-15 of Criminal Procedure, is amended to read as follows:
330-16 (a) Except as provided by Subsection (d) of this section,
330-17 when in its opinion the best interest of society and the defendant
330-18 will be served, the court may, after receiving a plea of guilty or
330-19 plea of nolo contendere, hearing the evidence, and finding that it
330-20 substantiates the defendant's guilt, defer further proceedings
330-21 without entering an adjudication of guilt, and place the defendant
330-22 on probation. The court shall inform the defendant orally or in
330-23 writing of the possible consequences under Subsection (b) of this
330-24 section of a violation of probation. If the information is
330-25 provided orally, the court must record and maintain the court's
330-26 statement to the defendant. In a felony case, the period of
330-27 probation may not exceed 10 years. In a misdemeanor case, the
331-1 period of probation may not exceed two years. The court may impose
331-2 a fine applicable to the offense and require any reasonable terms
331-3 and conditions of probation, including detention under Section 12
331-4 of this article. However, upon written motion of the defendant
331-5 requesting final adjudication filed within 30 days after entering
331-6 such plea and the deferment of adjudication, the court shall
331-7 proceed to final adjudication as in all other cases.
331-8 SECTION 5.04. Subdivisions (2) and (3), Subsection (b),
331-9 Section 8, Article 42.18, Code of Criminal Procedure, are amended
331-10 to read as follows:
331-11 (2) If a prisoner is serving a life sentence for a
331-12 capital felony, the prisoner is not eligible for release on parole
331-13 until the actual calendar time the prisoner has served, without
331-14 consideration of good conduct time, equals 45 <35> calendar years.
331-15 (3) If a prisoner is serving a sentence for the
331-16 offenses listed in Subdivision (1)(A)<(B)>, (C), <or> (D), (E), or
331-17 (F) of Section 3g(a), Article 42.12 of this code, or if the
331-18 judgment contains an affirmative finding under Subdivision (2) of
331-19 Subsection (a) of Section 3g of that article, he is not eligible
331-20 for release on parole until his actual calendar time served,
331-21 without consideration of good conduct time, equals one-half
331-22 <one-fourth> of the maximum sentence or 30 <15> calendar years,
331-23 whichever is less, but in no event shall he be eligible for release
331-24 on parole in less than two calendar years.
331-25 ARTICLE 6
331-26 SECTION 6.01. Chapter 48, Code of Criminal Procedure, is
331-27 amended by adding Article 48.05 to read as follows:
332-1 Art. 48.05. RESTORATION OF CIVIL RIGHTS. (a) An individual
332-2 convicted of a federal offense other than an offense involving
332-3 violence or the threat of violence or involving drugs or firearms
332-4 may, except as provided by Subsection (b) of this article, submit
332-5 an application for restoration of any civil rights forfeited under
332-6 the laws of this state as a result of the conviction.
332-7 (b) An individual may not apply for restoration of civil
332-8 rights under this article unless:
332-9 (1) the individual has completed the sentence for the
332-10 federal offense;
332-11 (2) the conviction occurred three or more years before
332-12 the date of application; and
332-13 (3) the individual has not been convicted at any other
332-14 time of an offense under the laws of this state, another state, or
332-15 the United States.
332-16 (c) An application for restoration of civil rights must
332-17 contain:
332-18 (1) a completed application on a form adopted by the
332-19 Board of Pardons and Paroles;
332-20 (2) three or more affidavits attesting to the good
332-21 character of the applicant; and
332-22 (3) proof that the applicant has completed the
332-23 sentence for the federal offense.
332-24 (d) The applicant must submit the application to:
332-25 (1) the sheriff of the county in which the applicant
332-26 resides at the time of application or resided at the time of
332-27 conviction of the federal offense, if the individual resided in
333-1 this state at that time; or
333-2 (2) the Board of Pardons and Paroles.
333-3 (e) If an application is submitted to a sheriff, the sheriff
333-4 shall review the application and recommend to the Board of Pardons
333-5 and Paroles whether the individual's civil rights should be
333-6 restored. If the sheriff recommends restoration of the
333-7 individual's civil rights, the board may either:
333-8 (1) concur in the recommendation and forward the
333-9 recommendation to the governor; or
333-10 (2) independently review the application to determine
333-11 whether to recommend to the governor the restoration of the
333-12 individual's civil rights.
333-13 (f) If the sheriff does not recommend the restoration of the
333-14 individual's civil rights, the individual may apply directly to the
333-15 Board of Pardons and Paroles.
333-16 (g) If an application is submitted to the Board of Pardons
333-17 and Paroles without first being submitted to a sheriff, the board
333-18 shall review the application and recommend to the governor as to
333-19 whether the individual's civil rights should be restored.
333-20 (h) The Board of Pardons and Paroles may require or obtain
333-21 additional information as necessary to perform a review under
333-22 Subsection (e)(2) or Subsection (g) of this article.
333-23 (i) On receipt from the Board of Pardons and Paroles of a
333-24 recommendation to restore the civil rights of an individual, the
333-25 governor may either grant or deny the restoration of civil rights
333-26 to the individual. If the governor grants the restoration of civil
333-27 rights to the individual, the governor shall issue a certificate of
334-1 restoration of civil rights.
334-2 (j) If an application under this article is denied by the
334-3 Board of Pardons and Paroles or the governor, the individual may
334-4 not file another application under this article before the first
334-5 anniversary of the date of the denial.
334-6 (k) A restoration of civil rights under this article is a
334-7 form of pardon that restores all civil rights under the laws of
334-8 this state that an individual forfeits as a result of the
334-9 individual's conviction of a federal offense, except as
334-10 specifically provided in the certificate of restoration.
334-11 SECTION 6.02. Section 7.01 of this Act does not apply to
334-12 this article. Article 48.05, Code of Criminal Procedure, as added
334-13 by this article, applies to an individual convicted of a federal
334-14 offense committed before, on, or after the effective date of this
334-15 Act.
334-16 ARTICLE 7
334-17 SECTION 7.01. (a) The change in law made by this Act
334-18 applies only to an offense committed on or after the effective date
334-19 of this Act. For purposes of this section, an offense is committed
334-20 before the effective date of this Act if any element of the offense
334-21 occurs before the effective date.
334-22 (b) An offense committed before the effective date of this
334-23 Act is covered by the law in effect when the offense was committed,
334-24 and the former law is continued in effect for that purpose.
334-25 SECTION 7.02. (a) Except as provided by Subsection (b) of
334-26 this section, this Act takes effect on September 1, 1994.
334-27 (b) Section 16.02(i), Penal Code, as added by Section 1.01
335-1 of this Act, and Sections 1.02, 1.06, 1.16, 5.02, and 5.04, and
335-2 Article 6 of this Act take effect September 1, 1993.
335-3 SECTION 7.03. The importance of this legislation and the
335-4 crowded condition of the calendars in both houses create an
335-5 emergency and an imperative public necessity that the
335-6 constitutional rule requiring bills to be read on three several
335-7 days in each house be suspended, and this rule is hereby suspended.