S.B. No. 1067
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 effect
1-4 of certain convictions and acquittals, and to the civil
1-5 consequences of certain offenses involving intoxication; providing
1-6 conforming amendments.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 ARTICLE 1
1-9 SECTION 1.01. The Penal Code is amended to read as follows:
1-10 TITLE 1. INTRODUCTORY PROVISIONS
1-11 CHAPTER 1. GENERAL PROVISIONS
1-12 Sec. 1.01. SHORT TITLE. This code shall be known and may be
1-13 cited as the Penal Code.
1-14 Sec. 1.02. Objectives of Code. The general purposes of this
1-15 code are to establish a system of prohibitions, penalties, and
1-16 correctional measures to deal with conduct that unjustifiably and
1-17 inexcusably causes or threatens harm to those individual or public
1-18 interests for which state protection is appropriate. To this end,
1-19 the provisions of this code are intended, and shall be construed,
1-20 to achieve the following objectives:
1-21 (1) to insure the public safety through:
1-22 (A) the deterrent influence of the penalties
1-23 hereinafter provided;
1-24 (B) the rehabilitation of those convicted of
2-1 violations of this code; and
2-2 (C) such punishment as may be necessary to
2-3 prevent likely recurrence of criminal behavior;
2-4 (2) by definition and grading of offenses to give fair
2-5 warning of what is prohibited and of the consequences of violation;
2-6 (3) to prescribe penalties that are proportionate to
2-7 the seriousness of offenses and that permit recognition of
2-8 differences in rehabilitation possibilities among individual
2-9 offenders;
2-10 (4) to safeguard conduct that is without guilt from
2-11 condemnation as criminal;
2-12 (5) to guide and limit the exercise of official
2-13 discretion in law enforcement to prevent arbitrary or oppressive
2-14 treatment of persons suspected, accused, or convicted of offenses;
2-15 and
2-16 (6) to define the scope of state interest in law
2-17 enforcement against specific offenses and to systematize the
2-18 exercise of state criminal jurisdiction.
2-19 Sec. 1.03. Effect of Code. (a) Conduct does not constitute
2-20 an offense unless it is defined as an offense by statute, municipal
2-21 ordinance, order of a county commissioners court, or rule
2-22 authorized by and lawfully adopted under a statute.
2-23 (b) The provisions of Titles 1, 2, and 3 <of this code>
2-24 apply to offenses defined by other laws, unless the statute
2-25 defining the offense provides otherwise; however, the punishment
2-26 affixed to an offense defined outside this code shall be applicable
2-27 unless the punishment is classified in accordance with this code.
3-1 (c) This code does not bar, suspend, or otherwise affect a
3-2 right or liability to damages, penalty, forfeiture, or other remedy
3-3 authorized by law to be recovered or enforced in a civil suit for
3-4 conduct this code defines as an offense, and the civil injury is
3-5 not merged in the offense.
3-6 Sec. 1.04. Territorial Jurisdiction. (a) This state has
3-7 jurisdiction over an offense that a person commits by his own
3-8 conduct or the conduct of another for which he is criminally
3-9 responsible if:
3-10 (1) either the conduct or a result that is an element
3-11 of the offense occurs inside this state;
3-12 (2) the conduct outside this state constitutes an
3-13 attempt to commit an offense inside this state;
3-14 (3) the conduct outside this state constitutes a
3-15 conspiracy to commit an offense inside this state, and an act in
3-16 furtherance of the conspiracy occurs inside this state; or
3-17 (4) the conduct inside this state constitutes an
3-18 attempt, solicitation, or conspiracy to commit, or establishes
3-19 criminal responsibility for the commission of, an offense in
3-20 another jurisdiction that is also an offense under the laws of this
3-21 state.
3-22 (b) If the offense is criminal homicide, a "result" is
3-23 either the physical impact causing death or the death itself. If
3-24 the body of a criminal homicide victim is found in this state, it
3-25 is presumed that the death occurred in this state. If death alone
3-26 is the basis for jurisdiction, it is a defense to the exercise of
3-27 jurisdiction by this state that the conduct that constitutes the
4-1 offense is not made criminal in the jurisdiction where the conduct
4-2 occurred.
4-3 (c) An offense based on an omission to perform a duty
4-4 imposed on an actor by a statute of this state is committed inside
4-5 this state regardless of the location of the actor at the time of
4-6 the offense.
4-7 (d) This state includes the land and water <(>and the air
4-8 space above the land and water<)> over which this state has power
4-9 to define offenses.
4-10 Sec. 1.05. Construction of Code. (a) The rule that a penal
4-11 statute is to be strictly construed does not apply to this code.
4-12 The provisions of this code shall be construed according to the
4-13 fair import of their terms, to promote justice and effect the
4-14 objectives of the code.
4-15 (b) Unless a different construction is required by the
4-16 context, Sections 311.011, 311.012, 311.014, 311.015, and 311.021
4-17 through 311.032 of <the Code Construction Act (>Chapter 311,
4-18 Government Code (Code Construction Act), apply to the construction
4-19 of this code.
4-20 (c) In this code:
4-21 (1) a reference to a title, chapter, or section
4-22 without further identification is a reference to a title, chapter,
4-23 or section of this code; and
4-24 (2) a reference to a subchapter, subsection,
4-25 subdivision, paragraph, or other numbered or lettered unit without
4-26 further identification is a reference to a unit of the next-larger
4-27 unit of this code in which the reference appears.
5-1 Sec. 1.06. Computation of Age. A person attains a specified
5-2 age on the day of the anniversary of his birthdate.
5-3 Sec. 1.07. Definitions. (a) In this code:
5-4 (1) "Act" means a bodily movement, whether voluntary
5-5 or involuntary, and includes speech.
5-6 (2) "Actor" <"Suspect"> means a person whose criminal
5-7 responsibility is in issue in a criminal action. Whenever the term
5-8 "suspect" <"actor"> is used in this code, it means "actor."
5-9 <"suspect.">
5-10 (3) "Agency" includes authority, board, bureau,
5-11 commission, committee, council, department, district, division, and
5-12 office.
5-13 (4) "Alcoholic beverage" has the meaning assigned by
5-14 Section 1.04, Alcoholic Beverage Code.
5-15 (5) <(4)> "Another" means a person other than the
5-16 actor.
5-17 (6) <(5)> "Association" means a government or
5-18 governmental subdivision or agency, trust, partnership, or two or
5-19 more persons having a joint or common economic interest.
5-20 (7) <(6)> "Benefit" means anything reasonably regarded
5-21 as economic gain or advantage, including benefit to any other
5-22 person in whose welfare the beneficiary is interested.
5-23 (8) <(7)> "Bodily injury" means physical pain,
5-24 illness, or any impairment of physical condition.
5-25 (9) "Coercion" means a threat, however communicated:
5-26 (A) to commit an offense;
5-27 (B) to inflict bodily injury in the future on
6-1 the person threatened or another;
6-2 (C) to accuse a person of any offense;
6-3 (D) to expose a person to hatred, contempt, or
6-4 ridicule;
6-5 (E) to harm the credit or business repute of any
6-6 person; or
6-7 (F) to take or withhold action as a public
6-8 servant, or to cause a public servant to take or withhold action.
6-9 (10) <(8)> "Conduct" means an act or omission and its
6-10 accompanying mental state.
6-11 (11) <(9)> "Consent" means assent in fact, whether
6-12 express or apparent.
6-13 (12) "Controlled substance" has the meaning assigned
6-14 by Section 481.002, Health and Safety Code.
6-15 (13) <(9.1)> "Corporation" includes nonprofit
6-16 corporations, professional associations created pursuant to
6-17 statute, and joint stock companies.
6-18 (14) "Correctional facility" means a place designated
6-19 by law for the confinement of a person arrested for, charged with,
6-20 or convicted of a criminal offense. The term includes:
6-21 (A) a municipal or county jail;
6-22 (B) a confinement facility operated by the Texas
6-23 Department of Criminal Justice;
6-24 (C) a confinement facility operated under
6-25 contract with any division of the Texas Department of Criminal
6-26 Justice; and
6-27 (D) a community corrections facility operated by
7-1 a community supervision and corrections department.
7-2 (15) <(10)> "Criminal negligence" is defined in
7-3 Section 6.03 <of this code> (Culpable Mental States).
7-4 (16) "Dangerous drug" has the meaning assigned by
7-5 Section 483.001, Health and Safety Code.
7-6 (17) <(11)> "Deadly weapon" means:
7-7 (A) a firearm or anything manifestly designed,
7-8 made, or adapted for the purpose of inflicting death or serious
7-9 bodily injury; or
7-10 (B) anything that in the manner of its use or
7-11 intended use is capable of causing death or serious bodily injury.
7-12 (18) "Drug" has the meaning assigned by Section
7-13 481.002, Health and Safety Code.
7-14 (19) <(12)> "Effective consent" includes consent by a
7-15 person legally authorized to act for the owner. Consent is not
7-16 effective if:
7-17 (A) induced by force, threat, or fraud;
7-18 (B) given by a person the actor knows is not
7-19 legally authorized to act for the owner;
7-20 (C) given by a person who by reason of youth,
7-21 mental disease or defect, or intoxication is known by the actor to
7-22 be unable to make reasonable decisions; or
7-23 (D) given solely to detect the commission of an
7-24 offense.
7-25 (20) "Electric generating plant" means a facility that
7-26 generates electric energy for distribution to the public.
7-27 (21) "Electric utility substation" means a facility
8-1 used to switch or change voltage in connection with the
8-2 transmission of electric energy for distribution to the public.
8-3 (22) <(13)> "Element of offense" means:
8-4 (A) the forbidden conduct;
8-5 (B) the required culpability;
8-6 (C) any required result; and
8-7 (D) the negation of any exception to the
8-8 offense.
8-9 (23) <(14)> "Felony" means an offense so designated by
8-10 law or punishable by death or confinement in a penitentiary.
8-11 (24) <(15)> "Government" means:
8-12 (A) the state;
8-13 (B) a county, municipality, or political
8-14 subdivision of the state; or
8-15 (C) any branch or agency of the state, a county,
8-16 municipality, or political subdivision.
8-17 (25) <(16)> "Harm" means anything reasonably regarded
8-18 as loss, disadvantage, or injury, including harm to another person
8-19 in whose welfare the person affected is interested.
8-20 (26) <(17)> "Individual" means a human being who has
8-21 been born and is alive.
8-22 (27) "Institutional division" means the institutional
8-23 division of the Texas Department of Criminal Justice.
8-24 (28) <(18)> "Intentional" is defined in Section 6.03
8-25 <of this code> (Culpable Mental States).
8-26 (29) <(19)> "Knowing" is defined in Section 6.03 <of
8-27 this code> (Culpable Mental States).
9-1 (30) <(20)> "Law" means the constitution or a statute
9-2 of this state or of the United States, a written opinion of a court
9-3 of record, a municipal ordinance, an order of a county
9-4 commissioners court, or a rule authorized by and lawfully adopted
9-5 under a statute.
9-6 (31) <(21)> "Misdemeanor" means an offense so
9-7 designated by law or punishable by fine, by confinement in jail, or
9-8 by both fine and confinement in jail.
9-9 (32) <(22)> "Oath" includes affirmation.
9-10 (33) "Official proceeding" means any type of
9-11 administrative, executive, legislative, or judicial proceeding that
9-12 may be conducted before a public servant.
9-13 (34) <(23)> "Omission" means failure to act.
9-14 (35) <(24)> "Owner" means a person who:
9-15 (A) has title to the property, possession of the
9-16 property, whether lawful or not, or a greater right to possession
9-17 of the property than the actor; or
9-18 (B) is a holder in due course of a negotiable
9-19 instrument.
9-20 (36) <(25)> "Peace officer" means a person elected,
9-21 employed, or appointed as a peace officer under Article 2.12, Code
9-22 of Criminal Procedure, Section 51.212 or 51.214, Education Code, or
9-23 other law.
9-24 (37) <(26)> "Penal institution" means a place
9-25 designated by law for confinement of persons arrested for, charged
9-26 with, or convicted of an offense.
9-27 (38) <(27)> "Person" means an individual, corporation,
10-1 or association.
10-2 (39) <(28)> "Possession" means actual care, custody,
10-3 control, or management.
10-4 (40) <(29)> "Public place" means any place to which
10-5 the public or a substantial group of the public has access and
10-6 includes, but is not limited to, streets, highways, and the common
10-7 areas of schools, hospitals, apartment houses, office buildings,
10-8 transport facilities, and shops.
10-9 (41) <(30)> "Public servant" means a person elected,
10-10 selected, appointed, employed, or otherwise designated as one of
10-11 the following, even if he has not yet qualified for office or
10-12 assumed his duties:
10-13 (A) an officer, employee, or agent of
10-14 government;
10-15 (B) a juror or grand juror; or
10-16 (C) an arbitrator, referee, or other person who
10-17 is authorized by law or private written agreement to hear or
10-18 determine a cause or controversy; or
10-19 (D) an attorney at law or notary public when
10-20 participating in the performance of a governmental function; or
10-21 (E) a candidate for nomination or election to
10-22 public office; or
10-23 (F) a person who is performing a governmental
10-24 function under a claim of right although he is not legally
10-25 qualified to do so.
10-26 (42) <(31)> "Reasonable belief" means a belief that
10-27 would be held by an ordinary and prudent man in the same
11-1 circumstances as the actor.
11-2 (43) <(32)> "Reckless" is defined in Section 6.03 <of
11-3 this code> (Culpable Mental States).
11-4 (44) <(33)> "Rule" includes regulation.
11-5 (45) "Secure correctional facility" means:
11-6 (A) a municipal or county jail; or
11-7 (B) a confinement facility operated by or under
11-8 a contract with any division of the Texas Department of Criminal
11-9 Justice.
11-10 (46) <(34)> "Serious bodily injury" means bodily
11-11 injury that creates a substantial risk of death or that causes
11-12 death, serious permanent disfigurement, or protracted loss or
11-13 impairment of the function of any bodily member or organ.
11-14 (47) <(35)> "Swear" includes affirm.
11-15 (48) <(36)> "Unlawful" means criminal or tortious or
11-16 both and includes what would be criminal or tortious but for a
11-17 defense not amounting to justification or privilege.
11-18 <(37) "Electric generating plant" means a facility
11-19 that generates electric energy for distribution to the public.>
11-20 <(38) "Electric utility substation" means a facility
11-21 used to switch or change voltage in connection with the
11-22 transmission of electric energy for distribution to the public.>
11-23 <(40) "Participant in a court proceeding" means a
11-24 judge, a prosecuting attorney or an assistant prosecuting attorney
11-25 who represents the state, a grand juror, a party in a court
11-26 proceeding, an attorney representing a party, a witness, or a
11-27 juror.>
12-1 (b) The definition of a term in this code applies to each
12-2 grammatical variation of the term.
12-3 Sec. 1.08. PREEMPTION. No governmental subdivision or
12-4 agency may enact or enforce a law that makes any conduct covered by
12-5 this code an offense subject to a criminal penalty. This section
12-6 shall apply only as long as the law governing the conduct
12-7 proscribed by this code is legally enforceable.
12-8 CHAPTER 2. BURDEN OF PROOF
12-9 Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT. All persons are
12-10 presumed to be innocent and no person may be convicted of an
12-11 offense unless each element of the offense is proved beyond a
12-12 reasonable doubt. The fact that he has been arrested, confined, or
12-13 indicted for, or otherwise charged with, the offense gives rise to
12-14 no inference of guilt at his trial.
12-15 Sec. 2.02. EXCEPTION. (a) An exception to an offense in
12-16 this code is so labeled by the phrase: "It is an exception to the
12-17 application of . . . ."
12-18 (b) The prosecuting attorney must negate the existence of an
12-19 exception in the accusation charging commission of the offense and
12-20 prove beyond a reasonable doubt that the defendant or defendant's
12-21 conduct does not fall within the exception.
12-22 (c) This section does not affect exceptions applicable to
12-23 offenses enacted prior to the effective date of this code.
12-24 Sec. 2.03. DEFENSE. (a) A defense to prosecution for an
12-25 offense in this code is so labeled by the phrase: "It is a defense
12-26 to prosecution . . . ."
12-27 (b) The prosecuting attorney is not required to negate the
13-1 existence of a defense in the accusation charging commission of the
13-2 offense.
13-3 (c) The issue of the existence of a defense is not submitted
13-4 to the jury unless evidence is admitted supporting the defense.
13-5 (d) If the issue of the existence of a defense is submitted
13-6 to the jury, the court shall charge that a reasonable doubt on the
13-7 issue requires that the defendant be acquitted.
13-8 (e) A ground of defense in a penal law that is not plainly
13-9 labeled in accordance with this chapter has the procedural and
13-10 evidentiary consequences of a defense.
13-11 Sec. 2.04. AFFIRMATIVE DEFENSE. (a) An affirmative defense
13-12 in this code is so labeled by the phrase: "It is an affirmative
13-13 defense to prosecution . . . ."
13-14 (b) The prosecuting attorney is not required to negate the
13-15 existence of an affirmative defense in the accusation charging
13-16 commission of the offense.
13-17 (c) The issue of the existence of an affirmative defense is
13-18 not submitted to the jury unless evidence is admitted supporting
13-19 the defense.
13-20 (d) If the issue of the existence of an affirmative defense
13-21 is submitted to the jury, the court shall charge that the defendant
13-22 must prove the affirmative defense by a preponderance of evidence.
13-23 Sec. 2.05. PRESUMPTION. When this code or another penal law
13-24 establishes a presumption with respect to any fact, it has the
13-25 following consequences:
13-26 (1) if there is sufficient evidence of the facts that
13-27 give rise to the presumption, the issue of the existence of the
14-1 presumed fact must be submitted to the jury, unless the court is
14-2 satisfied that the evidence as a whole clearly precludes a finding
14-3 beyond a reasonable doubt of the presumed fact; and
14-4 (2) if the existence of the presumed fact is submitted
14-5 to the jury, the court shall charge the jury, in terms of the
14-6 presumption and the specific element to which it applies, as
14-7 follows:
14-8 (A) that the facts giving rise to the
14-9 presumption must be proven beyond a reasonable doubt;
14-10 (B) that if such facts are proven beyond a
14-11 reasonable doubt the jury may find that the element of the offense
14-12 sought to be presumed exists, but it is not bound to so find;
14-13 (C) that even though the jury may find the
14-14 existence of such element, the state must prove beyond a reasonable
14-15 doubt each of the other elements of the offense charged; and
14-16 (D) if the jury has a reasonable doubt as to the
14-17 existence of a fact or facts giving rise to the presumption, the
14-18 presumption fails and the jury shall not consider the presumption
14-19 for any purpose.
14-20 CHAPTER 3. MULTIPLE PROSECUTIONS
14-21 Sec. 3.01. DEFINITION. In this chapter, "criminal episode"
14-22 means the commission of two or more offenses, regardless of whether
14-23 the harm is directed toward or inflicted upon more than one person
14-24 or item of property, under the following circumstances:
14-25 (1) the offenses are committed pursuant to the same
14-26 transaction or pursuant to two or more transactions that are
14-27 connected or constitute a common scheme or plan; or
15-1 (2) the offenses are the repeated commission of the
15-2 same or similar offenses.
15-3 Sec. 3.02. CONSOLIDATION AND JOINDER OF PROSECUTIONS.
15-4 (a) A defendant may be prosecuted in a single criminal action for
15-5 all offenses arising out of the same criminal episode.
15-6 (b) When a single criminal action is based on more than one
15-7 charging instrument within the jurisdiction of the trial court, the
15-8 state shall file written notice of the action not less than 30 days
15-9 prior to the trial.
15-10 (c) If a judgment of guilt is reversed, set aside, or
15-11 vacated, and a new trial ordered, the state may not prosecute in a
15-12 single criminal action in the new trial any offense not joined in
15-13 the former prosecution unless evidence to establish probable guilt
15-14 for that offense was not known to the appropriate prosecuting
15-15 official at the time the first prosecution commenced.
15-16 Sec. 3.03. Sentences for Offenses Arising Out of Same
15-17 Criminal Episode. When the accused is found guilty of more than
15-18 one offense arising out of the same criminal episode prosecuted in
15-19 a single criminal action, sentence for each offense for which he
15-20 has been found guilty shall be pronounced. Such sentences shall
15-21 run concurrently.
15-22 Sec. 3.04. Severance. (a) Whenever two or more offenses
15-23 have been consolidated or joined for trial under Section 3.02 <of
15-24 this code>, the defendant shall have a right to a severance of the
15-25 offenses.
15-26 (b) In the event of severance under this section, the
15-27 provisions of Section 3.03 <of this code> do not apply, and the
16-1 court in its discretion may order the sentences to run either
16-2 concurrently or consecutively.
16-3 TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
16-4 CHAPTER 6. CULPABILITY GENERALLY
16-5 Sec. 6.01. Requirement of Voluntary Act or Omission. (a) A
16-6 person commits an offense only if he voluntarily engages in
16-7 conduct, including an act, an omission, or possession.
16-8 (b) Possession is a voluntary act if the possessor knowingly
16-9 obtains or receives the thing possessed or is aware of his control
16-10 of the thing for a sufficient time to permit him to terminate his
16-11 control.
16-12 (c) A person who omits to perform an act does not commit an
16-13 offense unless a law as defined by Section 1.07 <of this code>
16-14 provides that the omission is an offense or otherwise provides that
16-15 he has a duty to perform the act.
16-16 Sec. 6.02. Requirement of Culpability. (a) Except as
16-17 provided in Subsection (b) <of this section>, a person does not
16-18 commit an offense unless he intentionally, knowingly, recklessly,
16-19 or with criminal negligence engages in conduct as the definition of
16-20 the offense requires.
16-21 (b) If the definition of an offense does not prescribe a
16-22 culpable mental state, a culpable mental state is nevertheless
16-23 required unless the definition plainly dispenses with any mental
16-24 element.
16-25 (c) If the definition of an offense does not prescribe a
16-26 culpable mental state, but one is nevertheless required under
16-27 Subsection (b) <of this section>, intent, knowledge, or
17-1 recklessness suffices to establish criminal responsibility.
17-2 (d) Culpable mental states are classified according to
17-3 relative degrees, from highest to lowest, as follows:
17-4 (1) intentional;
17-5 (2) knowing;
17-6 (3) reckless;
17-7 (4) criminal negligence.
17-8 (e) Proof of a higher degree of culpability than that
17-9 charged constitutes proof of the culpability charged.
17-10 Sec. 6.03. Definitions of Culpable Mental States. (a) A
17-11 person acts intentionally, or with intent, with respect to the
17-12 nature of his conduct or to a result of his conduct when it is his
17-13 conscious objective or desire to engage in the conduct or cause the
17-14 result.
17-15 (b) A person acts knowingly, or with knowledge, with respect
17-16 to the nature of his conduct or to circumstances surrounding his
17-17 conduct when he is aware of the nature of his conduct or that the
17-18 circumstances exist. A person acts knowingly, or with knowledge,
17-19 with respect to a result of his conduct when he is aware that his
17-20 conduct is reasonably certain to cause the result.
17-21 (c) A person acts recklessly, or is reckless, with respect
17-22 to circumstances surrounding his conduct or the result of his
17-23 conduct when he is aware of but consciously disregards a
17-24 substantial and unjustifiable risk that the circumstances exist or
17-25 the result will occur. The risk must be of such a nature and
17-26 degree that its disregard constitutes a gross deviation from the
17-27 standard of care that an ordinary person would exercise under all
18-1 the circumstances as viewed from the actor's standpoint.
18-2 (d) A person acts with criminal negligence, or is criminally
18-3 negligent, with respect to circumstances surrounding his conduct or
18-4 the result of his conduct when he ought to be aware of a
18-5 substantial and unjustifiable risk that the circumstances exist or
18-6 the result will occur. The risk must be of such a nature and
18-7 degree that the failure to perceive it constitutes a gross
18-8 deviation from the standard of care that an ordinary person would
18-9 exercise under all the circumstances as viewed from the actor's
18-10 standpoint.
18-11 Sec. 6.04. Causation: Conduct and Results. (a) A person
18-12 is criminally responsible if the result would not have occurred but
18-13 for his conduct, operating either alone or concurrently with
18-14 another cause, unless the concurrent cause was clearly sufficient
18-15 to produce the result and the conduct of the actor clearly
18-16 insufficient.
18-17 (b) A person is nevertheless criminally responsible for
18-18 causing a result if the only difference between what actually
18-19 occurred and what he desired, contemplated, or risked is that:
18-20 (1) a different offense was committed; or
18-21 (2) a different person or property was injured,
18-22 harmed, or otherwise affected.
18-23 CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
18-24 SUBCHAPTER A. COMPLICITY
18-25 Sec. 7.01. Parties to Offenses. (a) A person is criminally
18-26 responsible as a party to an offense if the offense is committed by
18-27 his own conduct, by the conduct of another for which he is
19-1 criminally responsible, or by both.
19-2 (b) Each party to an offense may be charged with commission
19-3 of the offense.
19-4 (c) All traditional distinctions between accomplices and
19-5 principals are abolished by this section, and each party to an
19-6 offense may be charged and convicted without alleging that he acted
19-7 as a principal or accomplice.
19-8 Sec. 7.02. Criminal Responsibility for Conduct of Another.
19-9 (a) A person is criminally responsible for an offense committed by
19-10 the conduct of another if:
19-11 (1) acting with the kind of culpability required for
19-12 the offense, he causes or aids an innocent or nonresponsible person
19-13 to engage in conduct prohibited by the definition of the offense;
19-14 (2) acting with intent to promote or assist the
19-15 commission of the offense, he solicits, encourages, directs, aids,
19-16 or attempts to aid the other person to commit the offense; or
19-17 (3) having a legal duty to prevent commission of the
19-18 offense and acting with intent to promote or assist its commission,
19-19 he fails to make a reasonable effort to prevent commission of the
19-20 offense.
19-21 (b) If, in the attempt to carry out a conspiracy to commit
19-22 one felony, another felony is committed by one of the conspirators,
19-23 all conspirators are guilty of the felony actually committed,
19-24 though having no intent to commit it, if the offense was committed
19-25 in furtherance of the unlawful purpose and was one that should have
19-26 been anticipated as a result of the carrying out of the conspiracy.
19-27 Sec. 7.03. Defenses Excluded. In a prosecution in which an
20-1 actor's criminal responsibility is based on the conduct of another,
20-2 the actor may be convicted on proof of commission of the offense
20-3 and that he was a party to its commission, and it is no defense:
20-4 (1) that the actor belongs to a class of persons that
20-5 by definition of the offense is legally incapable of committing the
20-6 offense in an individual capacity; or
20-7 (2) that the person for whose conduct the actor is
20-8 criminally responsible has been acquitted, has not been prosecuted
20-9 or convicted, has been convicted of a different offense or of a
20-10 different type or class of offense, or is immune from prosecution.
20-11 (Sections 7.04 to 7.20 reserved for expansion)
20-12 SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS
20-13 Sec. 7.21. Definitions. In this subchapter:
20-14 (1) "Agent" means a director, officer, employee, or
20-15 other person authorized to act in behalf of a corporation or
20-16 association.
20-17 (2) "High managerial agent" means:
20-18 (A) a partner in a partnership;
20-19 (B) an officer of a corporation or association;
20-20 (C) an agent of a corporation or association who
20-21 has duties of such responsibility that his conduct reasonably may
20-22 be assumed to represent the policy of the corporation or
20-23 association.
20-24 Sec. 7.22. Criminal Responsibility of Corporation or
20-25 Association. (a) If conduct constituting an offense is performed
20-26 by an agent acting in behalf of a corporation or association and
20-27 within the scope of his office or employment, the corporation or
21-1 association is criminally responsible for an offense defined:
21-2 (1) in this code where corporations and associations
21-3 are made subject thereto;
21-4 (2) by law other than this code in which a legislative
21-5 purpose to impose criminal responsibility on corporations or
21-6 associations plainly appears; or
21-7 (3) by law other than this code for which strict
21-8 liability is imposed, unless a legislative purpose not to impose
21-9 criminal responsibility on corporations or associations plainly
21-10 appears.
21-11 (b) A corporation or association is criminally responsible
21-12 for a felony offense only if its commission was authorized,
21-13 requested, commanded, performed, or recklessly tolerated by:
21-14 (1) a majority of the governing board acting in behalf
21-15 of the corporation or association; or
21-16 (2) a high managerial agent acting in behalf of the
21-17 corporation or association and within the scope of his office or
21-18 employment.
21-19 Sec. 7.23. Criminal Responsibility of Person for Conduct in
21-20 Behalf of Corporation or Association. (a) An individual is
21-21 criminally responsible for conduct that he performs in the name of
21-22 or in behalf of a corporation or association to the same extent as
21-23 if the conduct were performed in his own name or behalf.
21-24 (b) An agent having primary responsibility for the discharge
21-25 of a duty to act imposed by law on a corporation or association is
21-26 criminally responsible for omission to discharge the duty to the
21-27 same extent as if the duty were imposed by law directly on him.
22-1 (c) If an individual is convicted of conduct constituting an
22-2 offense performed in the name of or on behalf of a corporation or
22-3 association, he is subject to the sentence authorized by law for an
22-4 individual convicted of the offense.
22-5 Sec. 7.24. Defense to Criminal Responsibility of Corporation
22-6 or Association. It is an affirmative defense to prosecution of a
22-7 corporation or association under Section 7.22(a)(1) or (a)(2) <of
22-8 this code> that the high managerial agent having supervisory
22-9 responsibility over the subject matter of the offense employed due
22-10 diligence to prevent its commission.
22-11 CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
22-12 Sec. 8.01. INSANITY. (a) It is an affirmative defense to
22-13 prosecution that, at the time of the conduct charged, the actor, as
22-14 a result of severe mental disease or defect, did not know that his
22-15 conduct was wrong.
22-16 (b) The term "mental disease or defect" does not include an
22-17 abnormality manifested only by repeated criminal or otherwise
22-18 antisocial conduct.
22-19 Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to
22-20 prosecution that the actor through mistake formed a reasonable
22-21 belief about a matter of fact if his mistaken belief negated the
22-22 kind of culpability required for commission of the offense.
22-23 (b) Although an actor's mistake of fact may constitute a
22-24 defense to the offense charged, he may nevertheless be convicted of
22-25 any lesser included offense of which he would be guilty if the fact
22-26 were as he believed.
22-27 Sec. 8.03. MISTAKE OF LAW. (a) It is no defense to
23-1 prosecution that the actor was ignorant of the provisions of any
23-2 law after the law has taken effect.
23-3 (b) It is an affirmative defense to prosecution that the
23-4 actor reasonably believed the conduct charged did not constitute a
23-5 crime and that he acted in reasonable reliance upon:
23-6 (1) an official statement of the law contained in a
23-7 written order or grant of permission by an administrative agency
23-8 charged by law with responsibility for interpreting the law in
23-9 question; or
23-10 (2) a written interpretation of the law contained in
23-11 an opinion of a court of record or made by a public official
23-12 charged by law with responsibility for interpreting the law in
23-13 question.
23-14 (c) Although an actor's mistake of law may constitute a
23-15 defense to the offense charged, he may nevertheless be convicted of
23-16 a lesser included offense of which he would be guilty if the law
23-17 were as he believed.
23-18 Sec. 8.04. INTOXICATION. (a) Voluntary intoxication does
23-19 not constitute a defense to the commission of crime.
23-20 (b) Evidence of temporary insanity caused by intoxication
23-21 may be introduced by the actor in mitigation of the penalty
23-22 attached to the offense for which he is being tried.
23-23 (c) When temporary insanity is relied upon as a defense and
23-24 the evidence tends to show that such insanity was caused by
23-25 intoxication, the court shall charge the jury in accordance with
23-26 the provisions of this section.
23-27 (d) For purposes of this section "intoxication" means
24-1 disturbance of mental or physical capacity resulting from the
24-2 introduction of any substance into the body.
24-3 Sec. 8.05. DURESS. (a) It is an affirmative defense to
24-4 prosecution that the actor engaged in the proscribed conduct
24-5 because he was compelled to do so by threat of imminent death or
24-6 serious bodily injury to himself or another.
24-7 (b) In a prosecution for an offense that does not constitute
24-8 a felony, it is an affirmative defense to prosecution that the
24-9 actor engaged in the proscribed conduct because he was compelled to
24-10 do so by force or threat of force.
24-11 (c) Compulsion within the meaning of this section exists
24-12 only if the force or threat of force would render a person of
24-13 reasonable firmness incapable of resisting the pressure.
24-14 (d) The defense provided by this section is unavailable if
24-15 the actor intentionally, knowingly, or recklessly placed himself in
24-16 a situation in which it was probable that he would be subjected to
24-17 compulsion.
24-18 (e) It is no defense that a person acted at the command or
24-19 persuasion of his spouse, unless he acted under compulsion that
24-20 would establish a defense under this section.
24-21 Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution
24-22 that the actor engaged in the conduct charged because he was
24-23 induced to do so by a law enforcement agent using persuasion or
24-24 other means likely to cause persons to commit the offense. Conduct
24-25 merely affording a person an opportunity to commit an offense does
24-26 not constitute entrapment.
24-27 (b) In this section "law enforcement agent" includes
25-1 personnel of the state and local law enforcement agencies as well
25-2 as of the United States and any person acting in accordance with
25-3 instructions from such agents.
25-4 Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A
25-5 person may not be prosecuted for or convicted of any offense that
25-6 he committed when younger than 15 years of age except:
25-7 (1) perjury and aggravated perjury when it appears by
25-8 proof that he had sufficient discretion to understand the nature
25-9 and obligation of an oath;
25-10 (2) a violation of a penal statute cognizable under
25-11 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957<,
25-12 as amended> (Article 6701l-4, Vernon's Texas Civil Statutes),
25-13 except conduct which violates the laws of this state prohibiting
25-14 driving while intoxicated or under the influence of intoxicating
25-15 liquor (first or subsequent offense) or driving while under the
25-16 influence of any narcotic drug or of any other drug to a degree
25-17 which renders him incapable of safely driving a vehicle (first or
25-18 subsequent offense);
25-19 (3) a violation of a motor vehicle traffic ordinance
25-20 of an incorporated city or town in this state;
25-21 (4) a misdemeanor punishable by fine only other than
25-22 public intoxication; or
25-23 (5) a violation of a penal ordinance of a political
25-24 subdivision.
25-25 (b) Unless the juvenile court waives jurisdiction and
25-26 certifies the individual for criminal prosecution, a person may not
25-27 be prosecuted for or convicted of any offense committed before
26-1 reaching 17 years of age except:
26-2 (1) perjury and aggravated perjury when it appears by
26-3 proof that he had sufficient discretion to understand the nature
26-4 and obligation of an oath;
26-5 (2) a violation of a penal statute cognizable under
26-6 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957<,
26-7 as amended> (Article 6701l-4, Vernon's Texas Civil Statutes),
26-8 except conduct which violates the laws of this state prohibiting
26-9 driving while intoxicated or under the influence of intoxicating
26-10 liquor (first or subsequent offense) or driving while under the
26-11 influence of any narcotic drug or of any other drug to a degree
26-12 which renders him incapable of safely driving a vehicle (first or
26-13 subsequent offense);
26-14 (3) a violation of a motor vehicle traffic ordinance
26-15 of an incorporated city or town in this state;
26-16 (4) a misdemeanor punishable by fine only other than
26-17 public intoxication; or
26-18 (5) a violation of a penal ordinance of a political
26-19 subdivision.
26-20 (c) Unless the juvenile court waives jurisdiction and
26-21 certifies the individual for criminal prosecution, a person who has
26-22 been alleged in a petition for an adjudication hearing to have
26-23 engaged in delinquent conduct or conduct indicating a need for
26-24 supervision may not be prosecuted for or convicted of any offense
26-25 alleged in the juvenile court petition or any offense within the
26-26 knowledge of the juvenile court judge as evidenced by anything in
26-27 the record of the juvenile court proceedings.
27-1 (d) No person may, in any case, be punished by death for an
27-2 offense committed while he was younger than 17 years.
27-3 CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
27-4 SUBCHAPTER A. GENERAL PROVISIONS
27-5 Sec. 9.01. DEFINITIONS. In this chapter:
27-6 (1) "Custody" means:
27-7 (A) under arrest by a peace officer; or
27-8 (B) under restraint by a public servant pursuant
27-9 to an order of a court.
27-10 (2) "Escape" means unauthorized departure from custody
27-11 or failure to return to custody following temporary leave for a
27-12 specific purpose or limited period, but does not include a
27-13 violation of conditions of community supervision <probation> or
27-14 parole, or following leave that is part of an intermittent
27-15 sentence.
27-16 (3) "Deadly force" means force that is intended or
27-17 known by the actor to cause, or in the manner of its use or
27-18 intended use is capable of causing, death or serious bodily injury.
27-19 Sec. 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to
27-20 prosecution that the conduct in question is justified under this
27-21 chapter.
27-22 Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement is
27-23 justified when force is justified by this chapter if the actor
27-24 takes reasonable measures to terminate the confinement as soon as
27-25 he knows he safely can unless the person confined has been arrested
27-26 for an offense.
27-27 Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of
28-1 force is justified when the use of force is justified by this
28-2 chapter. For purposes of this section, a threat to cause death or
28-3 serious bodily injury by the production of a weapon or otherwise,
28-4 as long as the actor's purpose is limited to creating an
28-5 apprehension that he will use deadly force if necessary, does not
28-6 constitute the use of deadly force.
28-7 Sec. 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even
28-8 though an actor is justified under this chapter in threatening or
28-9 using force or deadly force against another, if in doing so he also
28-10 recklessly injures or kills an innocent third person, the
28-11 justification afforded by this chapter is unavailable in a
28-12 prosecution for the reckless injury or killing of the innocent
28-13 third person.
28-14 Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct
28-15 is justified under this chapter does not abolish or impair any
28-16 remedy for the conduct that is available in a civil suit.
28-17 (Sections 9.07 to 9.20 reserved for expansion)
28-18 SUBCHAPTER B. JUSTIFICATION GENERALLY
28-19 Sec. 9.21. PUBLIC DUTY. (a) Except as qualified by
28-20 Subsections (b) and (c) <of this section>, conduct is justified if
28-21 the actor reasonably believes the conduct is required or authorized
28-22 by law, by the judgment or order of a competent court or other
28-23 governmental tribunal, or in the execution of legal process.
28-24 (b) The other sections of this chapter control when force is
28-25 used against a person to protect persons (Subchapter C), to protect
28-26 property (Subchapter D), for law enforcement (Subchapter E), or by
28-27 virtue of a special relationship (Subchapter F).
29-1 (c) The use of deadly force is not justified under this
29-2 section unless the actor reasonably believes the deadly force is
29-3 specifically required by statute or unless it occurs in the lawful
29-4 conduct of war. If deadly force is so justified, there is no duty
29-5 to retreat before using it.
29-6 (d) The justification afforded by this section is available
29-7 if the actor reasonably believes:
29-8 (1) the court or governmental tribunal has
29-9 jurisdiction or the process is lawful, even though the court or
29-10 governmental tribunal lacks jurisdiction or the process is
29-11 unlawful; or
29-12 (2) his conduct is required or authorized to assist a
29-13 public servant in the performance of his official duty, even though
29-14 the servant exceeds his lawful authority.
29-15 Sec. 9.22. NECESSITY. Conduct is justified if:
29-16 (1) the actor reasonably believes the conduct is
29-17 immediately necessary to avoid imminent harm;
29-18 (2) the desirability and urgency of avoiding the harm
29-19 clearly outweigh, according to ordinary standards of
29-20 reasonableness, the harm sought to be prevented by the law
29-21 proscribing <prescribing> the conduct; and
29-22 (3) a legislative purpose to exclude the justification
29-23 claimed for the conduct does not otherwise plainly appear.
29-24 (Sections 9.23 to 9.30 reserved for expansion)
29-25 SUBCHAPTER C. PROTECTION OF PERSONS
29-26 Sec. 9.31. SELF-DEFENSE. (a) Except as provided in
29-27 Subsection (b) <of this section>, a person is justified in using
30-1 force against another when and to the degree he reasonably believes
30-2 the force is immediately necessary to protect himself against the
30-3 other's use or attempted use of unlawful force.
30-4 (b) The use of force against another is not justified:
30-5 (1) in response to verbal provocation alone;
30-6 (2) to resist an arrest or search that the actor knows
30-7 is being made by a peace officer, or by a person acting in a peace
30-8 officer's presence and at his direction, even though the arrest or
30-9 search is unlawful, unless the resistance is justified under
30-10 Subsection (c) <of this section>;
30-11 (3) if the actor consented to the exact force used or
30-12 attempted by the other; <or>
30-13 (4) if the actor provoked the other's use or attempted
30-14 use of unlawful force, unless:
30-15 (A) the actor abandons the encounter, or clearly
30-16 communicates to the other his intent to do so reasonably believing
30-17 he cannot safely abandon the encounter; and
30-18 (B) the other nevertheless continues or attempts
30-19 to use unlawful force against the actor; or
30-20 (5) if the actor sought an explanation from or
30-21 discussion with the other person concerning the actor's differences
30-22 with the other person while the actor was carrying a weapon in
30-23 violation of Section 46.02.
30-24 (c) The use of force to resist an arrest or search is
30-25 justified:
30-26 (1) if, before the actor offers any resistance, the
30-27 peace officer (or person acting at his direction) uses or attempts
31-1 to use greater force than necessary to make the arrest or search;
31-2 and
31-3 (2) when and to the degree the actor reasonably
31-4 believes the force is immediately necessary to protect himself
31-5 against the peace officer's (or other person's) use or attempted
31-6 use of greater force than necessary.
31-7 (d) The use of deadly force is not justified under this
31-8 subchapter except as provided in Sections 9.32, 9.33, and 9.34 <of
31-9 this code>.
31-10 Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. A person is
31-11 justified in using deadly force against another:
31-12 (1) if he would be justified in using force against
31-13 the other under Section 9.31 <of this code>;
31-14 (2) if a reasonable person in the actor's situation
31-15 would not have retreated; and
31-16 (3) when and to the degree he reasonably believes the
31-17 deadly force is immediately necessary:
31-18 (A) to protect himself against the other's use
31-19 or attempted use of unlawful deadly force; or
31-20 (B) to prevent the other's imminent commission
31-21 of aggravated kidnapping, murder, sexual assault, aggravated sexual
31-22 assault, robbery, or aggravated robbery.
31-23 Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified
31-24 in using force or deadly force against another to protect a third
31-25 person if:
31-26 (1) under the circumstances as the actor reasonably
31-27 believes them to be, the actor would be justified under Section
32-1 9.31 or 9.32 <of this code> in using force or deadly force to
32-2 protect himself against the unlawful force or unlawful deadly force
32-3 he reasonably believes to be threatening the third person he seeks
32-4 to protect; and
32-5 (2) the actor reasonably believes that his
32-6 intervention is immediately necessary to protect the third person.
32-7 Sec. 9.34. PROTECTION OF LIFE OR HEALTH. (a) A person is
32-8 justified in using force, but not deadly force, against another
32-9 when and to the degree he reasonably believes the force is
32-10 immediately necessary to prevent the other from committing suicide
32-11 or inflicting serious bodily injury to himself.
32-12 (b) A person is justified in using both force and deadly
32-13 force against another when and to the degree he reasonably believes
32-14 the force or deadly force is immediately necessary to preserve the
32-15 other's life in an emergency.
32-16 (Sections 9.35 to 9.40 reserved for expansion)
32-17 SUBCHAPTER D. PROTECTION OF PROPERTY
32-18 Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
32-19 in lawful possession of land or tangible, movable property is
32-20 justified in using force against another when and to the degree the
32-21 actor reasonably believes the force is immediately necessary to
32-22 prevent or terminate the other's trespass on the land or unlawful
32-23 interference with the property.
32-24 (b) A person unlawfully dispossessed of land or tangible,
32-25 movable property by another is justified in using force against the
32-26 other when and to the degree the actor reasonably believes the
32-27 force is immediately necessary to reenter the land or recover the
33-1 property if the actor uses the force immediately or in fresh
33-2 pursuit after the dispossession and:
33-3 (1) the actor reasonably believes the other had no
33-4 claim of right when he dispossessed the actor; or
33-5 (2) the other accomplished the dispossession by using
33-6 force, threat, or fraud against the actor.
33-7 Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
33-8 justified in using deadly force against another to protect land or
33-9 tangible, movable property:
33-10 (1) if he would be justified in using force against
33-11 the other under Section 9.41 <of this code>; and
33-12 (2) when and to the degree he reasonably believes the
33-13 deadly force is immediately necessary:
33-14 (A) to prevent the other's imminent commission
33-15 of arson, burglary, robbery, aggravated robbery, theft during the
33-16 nighttime, or criminal mischief during the nighttime; or
33-17 (B) to prevent the other who is fleeing
33-18 immediately after committing burglary, robbery, aggravated robbery,
33-19 or theft during the nighttime from escaping with the property; and
33-20 (3) he reasonably believes that:
33-21 (A) the land or property cannot be protected or
33-22 recovered by any other means; or
33-23 (B) the use of force other than deadly force to
33-24 protect or recover the land or property would expose the actor or
33-25 another to a substantial risk of death or serious bodily injury.
33-26 Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
33-27 is justified in using force or deadly force against another to
34-1 protect land or tangible, movable property of a third person if,
34-2 under the circumstances as he reasonably believes them to be, the
34-3 actor would be justified under Section 9.41 or 9.42 <of this code>
34-4 in using force or deadly force to protect his own land or property
34-5 and:
34-6 (1) the actor reasonably believes the unlawful
34-7 interference constitutes attempted or consummated theft of or
34-8 criminal mischief to the tangible, movable property; or
34-9 (2) the actor reasonably believes that:
34-10 (A) the third person has requested his
34-11 protection of the land or property;
34-12 (B) he has a legal duty to protect the third
34-13 person's land or property; or
34-14 (C) the third person whose land or property he
34-15 uses force or deadly force to protect is the actor's spouse,
34-16 parent, or child, resides with the actor, or is under the actor's
34-17 care.
34-18 Sec. 9.44. USE OF DEVICE TO PROTECT PROPERTY. The
34-19 justification afforded by Sections 9.41 and 9.43 <of this code>
34-20 applies to the use of a device to protect land or tangible, movable
34-21 property if:
34-22 (1) the device is not designed to cause, or known by
34-23 the actor to create a substantial risk of causing, death or serious
34-24 bodily injury; and
34-25 (2) use of the device is reasonable under all the
34-26 circumstances as the actor reasonably believes them to be when he
34-27 installs the device.
35-1 (Sections 9.45 to 9.50 reserved for expansion)
35-2 SUBCHAPTER E. LAW ENFORCEMENT
35-3 Sec. 9.51. ARREST AND SEARCH. (a) A peace officer, or a
35-4 person acting in a peace officer's presence and at his direction,
35-5 is justified in using force against another when and to the degree
35-6 the actor reasonably believes the force is immediately necessary to
35-7 make or assist in making an arrest or search, or to prevent or
35-8 assist in preventing escape after arrest, if:
35-9 (1) the actor reasonably believes the arrest or search
35-10 is lawful or, if the arrest or search is made under a warrant, he
35-11 reasonably believes the warrant is valid; and
35-12 (2) before using force, the actor manifests his
35-13 purpose to arrest or search and identifies himself as a peace
35-14 officer or as one acting at a peace officer's direction, unless he
35-15 reasonably believes his purpose and identity are already known by
35-16 or cannot reasonably be made known to the person to be arrested.
35-17 (b) A person other than a peace officer (or one acting at
35-18 his direction) is justified in using force against another when and
35-19 to the degree the actor reasonably believes the force is
35-20 immediately necessary to make or assist in making a lawful arrest,
35-21 or to prevent or assist in preventing escape after lawful arrest
35-22 if, before using force, the actor manifests his purpose to and the
35-23 reason for the arrest or reasonably believes his purpose and the
35-24 reason are already known by or cannot reasonably be made known to
35-25 the person to be arrested.
35-26 (c) A peace officer is justified in using deadly force
35-27 against another when and to the degree the peace officer reasonably
36-1 believes the deadly force is immediately necessary to make an
36-2 arrest, or to prevent escape after arrest, if the use of force
36-3 would have been justified under Subsection (a) <of this section>
36-4 and:
36-5 (1) the actor reasonably believes the conduct for
36-6 which arrest is authorized included the use or attempted use of
36-7 deadly force; or
36-8 (2) the actor reasonably believes there is a
36-9 substantial risk that the person to be arrested will cause death or
36-10 serious bodily injury to the actor or another if the arrest is
36-11 delayed.
36-12 (d) A person other than a peace officer acting in a peace
36-13 officer's presence and at his direction is justified in using
36-14 deadly force against another when and to the degree the person
36-15 reasonably believes the deadly force is immediately necessary to
36-16 make a lawful arrest, or to prevent escape after a lawful arrest,
36-17 if the use of force would have been justified under Subsection (b)
36-18 <of this section> and:
36-19 (1) the actor reasonably believes the felony or
36-20 offense against the public peace for which arrest is authorized
36-21 included the use or attempted use of deadly force; or
36-22 (2) the actor reasonably believes there is a
36-23 substantial risk that the person to be arrested will cause death or
36-24 serious bodily injury to another if the arrest is delayed.
36-25 (e) There is no duty to retreat before using deadly force
36-26 justified by Subsection (c) or (d) <of this section>.
36-27 (f) Nothing in this section relating to the actor's
37-1 manifestation of purpose or identity shall be construed as
37-2 conflicting with any other law relating to the issuance, service,
37-3 and execution of an arrest or search warrant either under the laws
37-4 of this state or the United States.
37-5 (g) Deadly force may only be used under the circumstances
37-6 enumerated in Subsections (c) and (d) <of this section>.
37-7 Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of
37-8 force to prevent the escape of an arrested person from custody is
37-9 justifiable when the force could have been employed to effect the
37-10 arrest under which the person is in custody, except that a guard
37-11 employed by a correctional facility <penal institution> or a peace
37-12 officer is justified in using any force, including deadly force,
37-13 that he reasonably believes to be immediately necessary to prevent
37-14 the escape of a person from the correctional facility <a jail,
37-15 prison, or other institution for the detention of persons charged
37-16 with or convicted of a crime>.
37-17 Sec. 9.53. MAINTAINING SECURITY IN CORRECTIONAL FACILITY
37-18 <PENAL INSTITUTION>. An officer or employee of a correctional
37-19 facility <A peace officer, jailer, or guard employed at a municipal
37-20 or county jail, or a guard or correctional officer employed by the
37-21 Texas Department of Corrections> is justified in using force
37-22 against a person in custody when and to the degree the <peace>
37-23 officer<, jailer, guard,> or employee <correctional officer>
37-24 reasonably believes the force is necessary to maintain the security
37-25 of the correctional facility <penal institution>, the safety or
37-26 security of other persons in custody or employed by the
37-27 correctional facility <penal institution>, or his own safety or
38-1 security.
38-2 (Sections 9.54 to 9.60 reserved for expansion)
38-3 SUBCHAPTER F. SPECIAL RELATIONSHIPS
38-4 Sec. 9.61. PARENT--CHILD. (a) The use of force, but not
38-5 deadly force, against a child younger than 18 years is justified:
38-6 (1) if the actor is the child's parent or stepparent
38-7 or is acting in loco parentis to the child; and
38-8 (2) when and to the degree the actor reasonably
38-9 believes the force is necessary to discipline the child or to
38-10 safeguard or promote his welfare.
38-11 (b) For purposes of this section, "in loco parentis"
38-12 includes grandparent and guardian, any person acting by, through,
38-13 or under the direction of a court with jurisdiction over the child,
38-14 and anyone who has express or implied consent of the parent or
38-15 parents.
38-16 Sec. 9.62. EDUCATOR--STUDENT. The use of force, but not
38-17 deadly force, against a person is justified:
38-18 (1) if the actor is entrusted with the care,
38-19 supervision, or administration of the person for a special purpose;
38-20 and
38-21 (2) when and to the degree the actor reasonably
38-22 believes the force is necessary to further the special purpose or
38-23 to maintain discipline in a group.
38-24 Sec. 9.63. GUARDIAN--INCOMPETENT. The use of force, but not
38-25 deadly force, against a mental incompetent is justified:
38-26 (1) if the actor is the incompetent's guardian or
38-27 someone similarly responsible for the general care and supervision
39-1 of the incompetent; and
39-2 (2) when and to the degree the actor reasonably
39-3 believes the force is necessary:
39-4 (A) to safeguard and promote the incompetent's
39-5 welfare; or
39-6 (B) if the incompetent is in an institution for
39-7 his care and custody, to maintain discipline in the institution.
39-8 TITLE 3. PUNISHMENTS
39-9 CHAPTER 12. PUNISHMENTS
39-10 SUBCHAPTER A. GENERAL PROVISIONS
39-11 Sec. 12.01. PUNISHMENT IN ACCORDANCE WITH CODE. (a) A
39-12 person adjudged guilty of an offense under this code shall be
39-13 punished in accordance with this chapter and the Code of Criminal
39-14 Procedure<, 1965>.
39-15 (b) Penal laws enacted after the effective date of this code
39-16 shall be classified for punishment purposes in accordance with this
39-17 chapter.
39-18 (c) This chapter does not deprive a court of authority
39-19 conferred by law to forfeit property, dissolve a corporation,
39-20 suspend or cancel a license or permit, remove a person from office,
39-21 cite for contempt, or impose any other civil penalty. The civil
39-22 penalty may be included in the sentence.
39-23 Sec. 12.02. CLASSIFICATION OF OFFENSES. Offenses are
39-24 designated as felonies or misdemeanors.
39-25 Sec. 12.03. CLASSIFICATION OF MISDEMEANORS.
39-26 (a) Misdemeanors are classified according to the relative
39-27 seriousness of the offense into three categories:
40-1 (1) Class A misdemeanors;
40-2 (2) Class B misdemeanors;
40-3 (3) Class C misdemeanors.
40-4 (b) An offense designated a misdemeanor in this code without
40-5 specification as to punishment or category is a Class C
40-6 misdemeanor.
40-7 (c) Conviction of a Class C misdemeanor does not impose any
40-8 legal disability or disadvantage.
40-9 Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are
40-10 classified according to the relative seriousness of the offense
40-11 into five <four> categories:
40-12 (1) capital felonies;
40-13 (2) felonies of the first degree;
40-14 (3) felonies of the second degree;
40-15 (4) felonies of the third degree; and
40-16 (5) state jail felonies.
40-17 (b) An offense designated a felony in this code without
40-18 specification as to category is a state jail felony <of the third
40-19 degree>.
40-20 (Sections 12.05 to 12.20 reserved for expansion)
40-21 SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS
40-22 Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged
40-23 guilty of a Class A misdemeanor shall be punished by:
40-24 (1) a fine not to exceed $4,000 <$3,000>;
40-25 (2) confinement in jail for a term not to exceed one
40-26 year; or
40-27 (3) both such fine and confinement <imprisonment>.
41-1 Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged
41-2 guilty of a Class B misdemeanor shall be punished by:
41-3 (1) a fine not to exceed $2,000 <$1,500>;
41-4 (2) confinement in jail for a term not to exceed 180
41-5 days; or
41-6 (3) both such fine and confinement <imprisonment>.
41-7 Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged
41-8 guilty of a Class C misdemeanor shall be punished by a fine not to
41-9 exceed $500.
41-10 (Sections 12.24 to 12.30 reserved for expansion)
41-11 SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS
41-12 Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
41-13 guilty of a capital felony in a case in which the state seeks the
41-14 death penalty shall be punished by imprisonment <confinement> in
41-15 the institutional division <of the Texas Department of Criminal
41-16 Justice> for life or by death. An individual adjudged guilty of a
41-17 capital felony in a case in which the state does not seek the death
41-18 penalty shall be punished by imprisonment <confinement> in the
41-19 institutional division for life.
41-20 (b) In a capital felony trial in which the state seeks the
41-21 death penalty, prospective jurors shall be informed that a sentence
41-22 of life imprisonment or death is mandatory on conviction of a
41-23 capital felony. In a capital felony trial in which the state does
41-24 not seek the death penalty, prospective jurors shall be informed
41-25 that the state is not seeking the death penalty and that a sentence
41-26 of life imprisonment is mandatory on conviction of the capital
41-27 felony.
42-1 Sec. 12.32. FIRST DEGREE <FIRST-DEGREE> FELONY PUNISHMENT.
42-2 (a) An individual adjudged guilty of a felony of the first degree
42-3 shall be punished by imprisonment <confinement> in the
42-4 institutional division <Texas Department of Corrections> for life
42-5 or for any term of not more than 99 years or less than 5 years.
42-6 (b) In addition to imprisonment, an individual adjudged
42-7 guilty of a felony of the first degree may be punished by a fine
42-8 not to exceed $10,000.
42-9 Sec. 12.33. SECOND DEGREE <SECOND-DEGREE> FELONY PUNISHMENT.
42-10 (a) An individual adjudged guilty of a felony of the second degree
42-11 shall be punished by imprisonment <confinement> in the
42-12 institutional division <Texas Department of Corrections> for any
42-13 term of not more than 20 years or less than 2 years.
42-14 (b) In addition to imprisonment, an individual adjudged
42-15 guilty of a felony of the second degree may be punished by a fine
42-16 not to exceed $10,000.
42-17 Sec. 12.34. THIRD DEGREE <THIRD-DEGREE> FELONY PUNISHMENT.
42-18 (a) An individual adjudged guilty of a felony of the third degree
42-19 shall be punished by imprisonment<:>
42-20 <(1) confinement> in the institutional division <of
42-21 the Texas Department of Criminal Justice> for any term of not more
42-22 than 10 years or less than 2 years<; or>
42-23 <(2) confinement in a community correctional facility
42-24 for any term of not more than 1 year>.
42-25 (b) In addition to imprisonment, an individual adjudged
42-26 guilty of a felony of the third degree may be punished by a fine
42-27 not to exceed $10,000.
43-1 Sec. 12.35. STATE JAIL FELONY PUNISHMENT. (a) Except as
43-2 provided by Subsection (c), an individual adjudged guilty of a
43-3 state jail felony shall be punished by confinement in a state jail
43-4 for any term of not more than two years or less than 180 days.
43-5 (b) In addition to confinement, an individual adjudged
43-6 guilty of a state jail felony may be punished by a fine not to
43-7 exceed $10,000.
43-8 (c) An individual adjudged guilty of a state jail felony
43-9 shall be punished for a third degree felony if it is shown on the
43-10 trial of the offense that:
43-11 (1) a deadly weapon as defined by Section 1.07 was
43-12 used or exhibited during the commission of the offense or during
43-13 immediate flight following the commission of the offense, and that
43-14 the individual used or exhibited the deadly weapon or was a party
43-15 to the offense and knew that a deadly weapon would be used or
43-16 exhibited; or
43-17 (2) the individual has previously been finally
43-18 convicted of any felony:
43-19 (A) listed in Section 3g(a)(1), Article 42.12,
43-20 Code of Criminal Procedure; or
43-21 (B) for which the judgment contains an
43-22 affirmative finding under Section 3g(a)(2), Article 42.12, Code of
43-23 Criminal Procedure.
43-24 (Sections 12.36 <12.35> to 12.40 reserved for expansion)
43-25 SUBCHAPTER D. EXCEPTIONAL SENTENCES
43-26 Sec. 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.
43-27 For purposes of this subchapter, any conviction not obtained from a
44-1 prosecution under this code shall be classified as follows:
44-2 (1) "felony of the third degree" if imprisonment
44-3 <confinement> in a penitentiary is affixed to the offense as a
44-4 possible punishment;
44-5 (2) "Class B misdemeanor" if the offense is not a
44-6 felony and confinement in a jail is affixed to the offense as a
44-7 possible punishment;
44-8 (3) "Class C misdemeanor" if the offense is punishable
44-9 by fine only.
44-10 Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY
44-11 OFFENDERS. (a) If it is <be> shown on the trial of a state jail
44-12 felony punishable under Section 12.35(c) or on the trial of a
44-13 third-degree felony that the defendant has been once before
44-14 convicted of a <any> felony, on conviction he shall be punished for
44-15 a second-degree felony.
44-16 (b) If it is <be> shown on the trial of a second-degree
44-17 felony that the defendant has been once before convicted of a <any>
44-18 felony, on conviction he shall be punished for a first-degree
44-19 felony.
44-20 (c) If it is <be> shown on the trial of a first-degree
44-21 felony that the defendant has been once before convicted of a <any>
44-22 felony, on conviction he shall be punished by imprisonment
44-23 <confinement> in the institutional division of the Texas Department
44-24 of Criminal Justice <Corrections> for life, or for any term of not
44-25 more than 99 years or less than 15 years. In addition to
44-26 imprisonment, an individual may be punished by a fine not to exceed
44-27 $10,000.
45-1 (d) If it is <be> shown on the trial of a <any> felony
45-2 offense that the defendant has previously been finally convicted of
45-3 two felony offenses, and the second previous felony conviction is
45-4 for an offense that occurred subsequent to the first previous
45-5 conviction having become final, on conviction he shall be punished
45-6 by imprisonment <confinement> in the institutional division of the
45-7 Texas Department of Criminal Justice <Corrections> for life, or for
45-8 any term of not more than 99 years or less than 25 years.
45-9 (e) A previous conviction for a state jail felony may be
45-10 used for enhancement purposes under this section only if the
45-11 defendant was punished for the offense under Section 12.35(c).
45-12 <Sec. 12.422. IMPOSITION OF SUBSTANCE ABUSE FELONY
45-13 PUNISHMENT. (a) A court may punish an eligible defendant
45-14 convicted of an offense listed in Subsection (d) of this section
45-15 that is otherwise punishable as a felony of the first, second, or
45-16 third degree by imposing on the defendant:>
45-17 <(1) a term of confinement and treatment in a
45-18 substance abuse treatment facility operated by the community
45-19 justice assistance division of the Texas Department of Criminal
45-20 Justice for an indeterminate term of not more than one year or less
45-21 than six months, except that the minimum term for a defendant whose
45-22 underlying offense is an offense under Article 6701l-1, Revised
45-23 Statutes, is 30 days;>
45-24 <(2) a term of not less than two years or more than 10
45-25 years in the institutional division of the Texas Department of
45-26 Criminal Justice, to begin not later than the 30th day after the
45-27 day on which the defendant is released from a substance abuse
46-1 facility; and>
46-2 <(3) a fine not to exceed $10,000.>
46-3 <(b) A defendant is an eligible defendant for the purposes
46-4 of this section if:>
46-5 <(1) a pre-sentence investigation conducted under
46-6 Section 9, Article 42.12, Code of Criminal Procedure, or any other
46-7 indication suggests that drug or alcohol abuse significantly
46-8 contributed to the commission of the offense;>
46-9 <(2) the court determines that there are no other
46-10 community-based programs or facilities that are suitable for the
46-11 treatment of the defendant; and>
46-12 <(3) after considering the gravity and circumstances
46-13 of the offense committed, the court finds that the punishment would
46-14 best serve the ends of justice.>
46-15 <(c) A conviction of an offense for which punishment is
46-16 imposed under this section is a final conviction for the purposes
46-17 of Section 12.42 of this code.>
46-18 <(d) This section applies to all felony offenses other than
46-19 murder under Section 19.02, Penal Code, or an offense listed under
46-20 Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, or a
46-21 sentence the judgment for which contains an affirmative finding
46-22 under Section 3g(a)(2) of that article.>
46-23 Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR
46-24 OFFENDERS. (a) If it is <be> shown on the trial of a Class A
46-25 misdemeanor that the defendant has been before convicted of a Class
46-26 A misdemeanor or any degree of felony, on conviction he shall be
46-27 punished by confinement in jail for any term of not more than one
47-1 year or less than 90 days.
47-2 (b) If it is <be> shown on the trial of a Class B
47-3 misdemeanor that the defendant has been before convicted of a Class
47-4 A or Class B misdemeanor or any degree of felony, on conviction he
47-5 shall be punished by confinement in jail for any term of not more
47-6 than 180 days or less than 30 days.
47-7 (c) If the punishment scheme for an offense contains a
47-8 specific enhancement provision increasing punishment for a
47-9 defendant who has previously been convicted of the offense, the
47-10 specific enhancement provision controls over this section.
47-11 Sec. 12.44. REDUCTION OF THIRD DEGREE OR STATE JAIL
47-12 <THIRD-DEGREE> FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A
47-13 court may punish a defendant who is convicted of a third degree
47-14 felony by imposing the confinement permissible as punishment for a
47-15 Class A misdemeanor, a fine not to exceed $10,000, or both such
47-16 fine and confinement, or may punish a defendant who is convicted of
47-17 a state jail felony by imposing the confinement permissible as
47-18 punishment for a Class B misdemeanor, a fine not to exceed $10,000,
47-19 or both such fine and confinement if, after considering the gravity
47-20 and circumstances of the felony committed and the history,
47-21 character, and rehabilitative needs of the defendant, the court
47-22 finds that such punishment would best serve the ends of justice.
47-23 (b) When a court is authorized to impose punishment for a
47-24 lesser category of offense as provided in Subsection (a) <of this
47-25 section>, the court may authorize the prosecuting attorney to
47-26 prosecute initially for the lesser category of offense.
47-27 Sec. 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A
48-1 person may, with the consent of the attorney for the state, admit
48-2 during the sentencing hearing his guilt of one or more
48-3 unadjudicated offenses and request the court to take each into
48-4 account in determining sentence for the offense or offenses of
48-5 which he stands adjudged guilty.
48-6 (b) Before a court may take into account an admitted offense
48-7 over which exclusive venue lies in another county or district, the
48-8 court must obtain permission from the prosecuting attorney with
48-9 jurisdiction over the offense.
48-10 (c) If a court lawfully takes into account an admitted
48-11 offense, prosecution is barred for that offense.
48-12 Sec. 12.46. USE OF PRIOR CONVICTIONS. The use of a
48-13 conviction for enhancement purposes shall not preclude the
48-14 subsequent use of such conviction for enhancement purposes.
48-15 <Sec. 12.47. PENALTY IF CRIME COMMITTED AGAINST CHILD DURING
48-16 RITUAL OR CEREMONY. (a) The punishment prescribed for an offense
48-17 listed in Subsection (b) of this section is increased to the
48-18 punishment prescribed for the next highest category of offense if
48-19 it is shown on the trial of the offense that:>
48-20 <(1) the victim of the offense was younger than 17
48-21 years of age at the time of the offense; and>
48-22 <(2) the offense was committed as part of a ritual or
48-23 ceremony.>
48-24 <(b) This section applies to an offense under the following
48-25 sections of the Penal Code:>
48-26 <(1) Section 21.11 (Indecency with a Child);>
48-27 <(2) Section 22.01 (Assault);>
49-1 <(3) Section 22.011 (Sexual Assault);>
49-2 <(4) Section 22.02 (Aggravated Assault);>
49-3 <(5) Section 22.021 (Aggravated Sexual Assault);>
49-4 <(6) Section 22.04 (Injury to a Child or an Elderly
49-5 Individual);>
49-6 <(7) Section 22.041 (Abandoning or Endangering Child);>
49-7 <(8) Section 25.02 (Incest);>
49-8 <(9) Section 25.06 (Solicitation of a Child);>
49-9 <(10) Section 25.11 (Sale or Purchase of Child);>
49-10 <(11) Section 43.24 (Sale, Distribution, or Display of
49-11 Harmful Material to Minor); and>
49-12 <(12) Section 43.25 (Sexual Performance by a Child).>
49-13 <(c) This section does not apply to an offense for which the
49-14 punishment otherwise prescribed is the punishment for a
49-15 first-degree felony or a capital felony.>
49-16 (Sections 12.47 <12.48> to 12.50 reserved for expansion)
49-17 SUBCHAPTER E. CORPORATIONS AND ASSOCIATIONS
49-18 Sec. 12.51. AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND
49-19 ASSOCIATIONS. (a) If a corporation or association is adjudged
49-20 guilty of an offense that provides a penalty consisting of a fine
49-21 only, a court may sentence the corporation or association to pay a
49-22 fine in an amount fixed by the court, not to exceed the fine
49-23 provided by the offense.
49-24 (b) If a corporation or association is adjudged guilty of an
49-25 offense that provides a penalty including imprisonment, or that
49-26 provides no specific penalty, a court may sentence the corporation
49-27 or association to pay a fine in an amount fixed by the court, not
50-1 to exceed:
50-2 (1) $20,000 if the offense is a felony of any
50-3 category;
50-4 (2) $10,000 if the offense is a Class A or Class B
50-5 misdemeanor;
50-6 (3) $2,000 if the offense is a Class C misdemeanor; or
50-7 (4) $50,000 if, as a result of an offense classified
50-8 as a felony or Class A misdemeanor, an individual suffers serious
50-9 bodily injury or death.
50-10 (c) In lieu of the fines authorized by Subsections (a),
50-11 (b)(1), (b)(2), and (b)(4) <of this section>, if a court finds that
50-12 the corporation or association gained money or property or caused
50-13 personal injury or death, property damage, or other loss through
50-14 the commission of a felony or Class A or Class B misdemeanor, the
50-15 court may sentence the corporation or association to pay a fine in
50-16 an amount fixed by the court, not to exceed double the amount
50-17 gained or caused by the corporation or association to be lost or
50-18 damaged, whichever is greater.
50-19 (d) In addition to any sentence that may be imposed by this
50-20 section, a corporation or association that has been adjudged guilty
50-21 of an offense may be ordered by the court to give notice of the
50-22 conviction to any person the court deems appropriate.
50-23 (e) On conviction of a corporation or association, the court
50-24 shall notify the attorney general of that fact.
50-25 TITLE 4. INCHOATE OFFENSES
50-26 CHAPTER 15. PREPARATORY OFFENSES
50-27 Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an
51-1 offense if, with specific intent to commit an offense, he does an
51-2 act amounting to more than mere preparation that tends but fails to
51-3 effect the commission of the offense intended.
51-4 (b) If a person attempts an offense that may be aggravated,
51-5 his conduct constitutes an attempt to commit the aggravated offense
51-6 if an element that aggravates the offense accompanies the attempt.
51-7 (c) It is no defense to prosecution for criminal attempt
51-8 that the offense attempted was actually committed.
51-9 (d) An offense under this section is one category lower than
51-10 the offense attempted, and if the offense attempted is a state jail
51-11 felony <of the third degree>, the offense is a Class A misdemeanor.
51-12 Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits
51-13 criminal conspiracy if, with intent that a felony be committed:
51-14 (1) he agrees with one or more persons that they or
51-15 one or more of them engage in conduct that would constitute the
51-16 offense; and
51-17 (2) he or one or more of them performs an overt act in
51-18 pursuance of the agreement.
51-19 (b) An agreement constituting a conspiracy may be inferred
51-20 from acts of the parties.
51-21 (c) It is no defense to prosecution for criminal conspiracy
51-22 that:
51-23 (1) one or more of the coconspirators is not
51-24 criminally responsible for the object offense;
51-25 (2) one or more of the coconspirators has been
51-26 acquitted, so long as two or more coconspirators have not been
51-27 acquitted;
52-1 (3) one or more of the coconspirators has not been
52-2 prosecuted or convicted, has been convicted of a different offense,
52-3 or is immune from prosecution;
52-4 (4) the actor belongs to a class of persons that by
52-5 definition of the object offense is legally incapable of committing
52-6 the object offense in an individual capacity; or
52-7 (5) the object offense was actually committed.
52-8 (d) An offense under this section is one category lower than
52-9 the most serious felony that is the object of the conspiracy, and
52-10 if the most serious felony that is the object of the conspiracy is
52-11 a state jail felony <of the third degree>, the offense is a Class A
52-12 misdemeanor.
52-13 Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an
52-14 offense if, with intent that a capital felony or felony of the
52-15 first degree be committed, he requests, commands, or attempts to
52-16 induce another to engage in specific conduct that, under the
52-17 circumstances surrounding his conduct as the actor believes them to
52-18 be, would constitute the felony or make the other a party to its
52-19 commission.
52-20 (b) A person may not be convicted under this section on the
52-21 uncorroborated testimony of the person allegedly solicited and
52-22 unless the solicitation is made under circumstances strongly
52-23 corroborative of both the solicitation itself and the actor's
52-24 intent that the other person act on the solicitation.
52-25 (c) It is no defense to prosecution under this section that:
52-26 (1) the person solicited is not criminally responsible
52-27 for the felony solicited;
53-1 (2) the person solicited has been acquitted, has not
53-2 been prosecuted or convicted, has been convicted of a different
53-3 offense or of a different type or class of offense, or is immune
53-4 from prosecution;
53-5 (3) the actor belongs to a class of persons that by
53-6 definition of the felony solicited is legally incapable of
53-7 committing the offense in an individual capacity; or
53-8 (4) the felony solicited was actually committed.
53-9 (d) An offense under this section is:
53-10 (1) a felony of the first degree if the offense
53-11 solicited is a capital offense; or
53-12 (2) a felony of the second degree if the offense
53-13 solicited is a felony of the first degree.
53-14 Sec. 15.04. RENUNCIATION DEFENSE. (a) It is an affirmative
53-15 defense to prosecution under Section 15.01 <of this code> that
53-16 under circumstances manifesting a voluntary and complete
53-17 renunciation of his criminal objective the actor avoided commission
53-18 of the offense attempted by abandoning his criminal conduct or, if
53-19 abandonment was insufficient to avoid commission of the offense, by
53-20 taking further affirmative action that prevented the commission.
53-21 (b) It is an affirmative defense to prosecution under
53-22 Section 15.02 or 15.03 <of this code> that under circumstances
53-23 manifesting a voluntary and complete renunciation of his criminal
53-24 objective the actor countermanded his solicitation or withdrew from
53-25 the conspiracy before commission of the object offense and took
53-26 further affirmative action that prevented the commission of the
53-27 object offense.
54-1 (c) Renunciation is not voluntary if it is motivated in
54-2 whole or in part:
54-3 (1) by circumstances not present or apparent at the
54-4 inception of the actor's course of conduct that increase the
54-5 probability of detection or apprehension or that make more
54-6 difficult the accomplishment of the objective; or
54-7 (2) by a decision to postpone the criminal conduct
54-8 until another time or to transfer the criminal act to another but
54-9 similar objective or victim.
54-10 (d) Evidence that the defendant renounced his criminal
54-11 objective by abandoning his criminal conduct, countermanding his
54-12 solicitation, or withdrawing from the conspiracy before the
54-13 criminal offense was committed and made substantial effort to
54-14 prevent the commission of the object offense shall be admissible as
54-15 mitigation at the hearing on punishment if he has been found guilty
54-16 of criminal attempt, criminal solicitation, or criminal conspiracy;
54-17 and in the event of a finding of renunciation under this
54-18 subsection, the punishment shall be one grade lower than that
54-19 provided for the offense committed.
54-20 Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or
54-21 solicitation of, a preparatory offense defined in this chapter is
54-22 not an offense.
54-23 CHAPTER 16. CRIMINAL INSTRUMENTS AND INTERCEPTION OF WIRE
54-24 OR ORAL COMMUNICATION
54-25 Sec. 16.01. Unlawful Use of Criminal Instrument. (a) A
54-26 person commits an offense if:
54-27 (1) he possesses a criminal instrument with intent to
55-1 use it in the commission of an offense; or
55-2 (2) with knowledge of its character and with intent to
55-3 use or aid or permit another to use in the commission of an
55-4 offense, he manufactures, adapts, sells, installs, or sets up a
55-5 criminal instrument.
55-6 (b) For the purpose of this section, "criminal instrument"
55-7 means anything, the possession, manufacture, or sale of which is
55-8 not otherwise an offense, that is specially designed, made, or
55-9 adapted for use in the commission of an offense.
55-10 (c) An offense under Subsection (a)(1) <of this section> is
55-11 one category lower than the offense intended. An offense under
55-12 Subsection (a)(2) <of this section> is a state jail felony <of the
55-13 third degree>.
55-14 Sec. 16.02. Unlawful Interception, Use, or Disclosure of
55-15 Wire, Oral, or Electronic Communications. (a) In this section,
55-16 "covert entry," "communication common carrier," "contents,"
55-17 "electronic, mechanical, or other device," "intercept,"
55-18 "investigative or law enforcement officer," "oral communication,"
55-19 "electronic communication," "readily accessible to the general
55-20 public," and "wire communication" have the meanings given those
55-21 terms in Article 18.20, Code of Criminal Procedure.
55-22 (b) A <Except as specifically provided by Subsection (c) of
55-23 this section, a> person commits an offense if he:
55-24 (1) intentionally intercepts, endeavors to intercept,
55-25 or procures another person to intercept or endeavor to intercept a
55-26 wire, oral, or electronic communication;
55-27 (2) intentionally discloses or endeavors to disclose
56-1 to another person the contents of a wire, oral, or electronic
56-2 communication if he knows or has reason to know the information was
56-3 obtained through the interception of a wire, oral, or electronic
56-4 communication in violation of this subsection;
56-5 (3) intentionally uses or endeavors to use the
56-6 contents of a wire, oral, or electronic communication if he knows
56-7 or is reckless about whether the information was obtained through
56-8 the interception of a wire, oral, or electronic communication in
56-9 violation of this subsection;
56-10 (4) knowingly or intentionally effects a covert entry
56-11 for the purpose of intercepting wire, oral, or electronic
56-12 communications without court order or authorization; or
56-13 (5) intentionally uses, endeavors to use, or procures
56-14 any other person to use or endeavor to use any electronic,
56-15 mechanical, or other device to intercept any oral communication
56-16 when the device:
56-17 (A) is affixed to, or otherwise transmits a
56-18 signal through a wire, cable, or other connection used in wire
56-19 communications; or
56-20 (B) transmits communications by radio or
56-21 interferes with the transmission of communications by radio.
56-22 (c) It is an affirmative defense to prosecution under
56-23 <exception to the application of> Subsection (b) <of this section>
56-24 that:
56-25 (1) an operator of a switchboard or an officer,
56-26 employee, or agent of a communication common carrier whose
56-27 facilities are used in the transmission of a wire or electronic
57-1 communication intercepts a communication or discloses or uses an
57-2 intercepted communication in the normal course of employment while
57-3 engaged in an activity that is a necessary incident to the
57-4 rendition of service or to the protection of the rights or property
57-5 of the carrier of the communication, unless the interception
57-6 results from the communication common carrier's use of service
57-7 observing or random monitoring for purposes other than mechanical
57-8 or service quality control checks;
57-9 (2) an officer, employee, or agent of a communication
57-10 common carrier provides information, facilities, or technical
57-11 assistance to an investigative or law enforcement officer who is
57-12 authorized as provided by this article to intercept a wire, oral,
57-13 or electronic communication;
57-14 (3) a person acting under color of law intercepts a
57-15 wire, oral, or electronic communication if the person is a party to
57-16 the communication or if one of the parties to the communication has
57-17 given prior consent to the interception;
57-18 (4) a person not acting under color of law intercepts
57-19 a wire, oral, or electronic communication if the person is a party
57-20 to the communication or if one of the parties to the communication
57-21 has given prior consent to the interception unless the
57-22 communication is intercepted for the purpose of committing any
57-23 criminal or tortious act in violation of the constitution or laws
57-24 of the United States or of this state or for the purpose of
57-25 committing any other injurious act;
57-26 (5) a person acting under color of law intercepts a
57-27 wire, oral, or electronic communication if:
58-1 (A) prior consent for the interception has been
58-2 given by a magistrate;
58-3 (B) an immediate life-threatening situation
58-4 exists;
58-5 (C) the person is a member of a law enforcement
58-6 unit specially trained to:
58-7 (i) respond to and deal with
58-8 life-threatening situations; or
58-9 (ii) install electronic, mechanical, or
58-10 other devices; and
58-11 (D) the interception ceases immediately on
58-12 termination of the life-threatening situation;
58-13 (6) an officer, employee, or agent of the Federal
58-14 Communications Commission intercepts a communication transmitted by
58-15 radio or discloses or uses an intercepted communication in the
58-16 normal course of employment and in the discharge of the monitoring
58-17 responsibilities exercised by the Federal Communications Commission
58-18 in the enforcement of Chapter 5, Title 47, United States Code;
58-19 (7) a person intercepts or obtains access to an
58-20 electronic communication that was made through an electronic
58-21 communication system that is configured to permit the communication
58-22 to be readily accessible to the general public;
58-23 (8) a person intercepts radio communication that is
58-24 transmitted:
58-25 (A) by a station for the use of the general
58-26 public;
58-27 (B) to ships, aircraft, vehicles, or persons in
59-1 distress;
59-2 (C) by a governmental, law enforcement, civil
59-3 defense, private land mobile, or public safety communications
59-4 system that is readily accessible to the general public;
59-5 (D) by a station operating on an authorized
59-6 frequency within the bands allocated to the amateur, citizens band,
59-7 or general mobile radio services; or
59-8 (E) by a marine or aeronautical communications
59-9 system;
59-10 (9) a person intercepts a wire or electronic
59-11 communication the transmission of which causes harmful interference
59-12 to a lawfully operating station or consumer electronic equipment,
59-13 to the extent necessary to identify the source of the interference;
59-14 (10) a user of the same frequency intercepts a radio
59-15 communication made through a system that uses frequencies monitored
59-16 by individuals engaged in the provision or the use of the system,
59-17 if the communication is not scrambled or encrypted; or
59-18 (11) a provider of electronic communications service
59-19 records the fact that a wire or electronic communication was
59-20 initiated or completed in order to protect the provider, another
59-21 provider furnishing service towards the completion of the
59-22 communication, or a user of that service from fraudulent, unlawful,
59-23 or abusive use of the service.
59-24 (d)(1) A <Except as provided by Subsection (e) of this
59-25 section, a> person commits an offense if he:
59-26 (A) intentionally manufactures, assembles,
59-27 possesses, or sells an electronic, mechanical, or other device
60-1 knowing or having reason to know that the device is designed
60-2 primarily for nonconsensual interception of wire, electronic, or
60-3 oral communications and that the device or a component of the
60-4 device has been or will be used for an unlawful purpose; or
60-5 (B) places in a newspaper, magazine, handbill,
60-6 or other publication an advertisement of an electronic, mechanical,
60-7 or other device:
60-8 (i) knowing or having reason to know that
60-9 the device is designed primarily for nonconsensual interception of
60-10 wire, electronic, or oral communications;
60-11 (ii) promoting the use of the device for
60-12 the purpose of nonconsensual interception of wire, electronic, or
60-13 oral communications; or
60-14 (iii) knowing or having reason to know
60-15 that the advertisement will promote the use of the device for the
60-16 purpose of nonconsensual interception of wire, electronic, or oral
60-17 communications.
60-18 (2) An offense under Subdivision (1) <of this
60-19 subsection> is a state jail felony <punishable by confinement in
60-20 the Texas Department of Corrections for a term of not more than
60-21 five years or a fine of not more than $10,000, or both>.
60-22 (e) It is an affirmative defense to prosecution under
60-23 <exception to the application of> Subsection (d) <of this section>
60-24 that the manufacture, assembly, possession, or sale of an
60-25 electronic, mechanical, or other device that is designed primarily
60-26 for the purpose of nonconsensual interception of wire, electronic,
60-27 or oral communication is by:
61-1 (1) a communication common carrier or a provider of
61-2 wire or electronic communications service or an officer, agent, or
61-3 employee of or a person under contract with a communication common
61-4 carrier or provider acting in the normal course of the provider's
61-5 or communication carrier's business;
61-6 (2) an officer, agent, or employee of a person under
61-7 contract with, bidding on contracts with, or doing business with
61-8 the United States or this state acting in the normal course of the
61-9 activities of the United States or this state; or
61-10 (3) a law enforcement agency that has an established
61-11 unit specifically designated to respond to and deal with
61-12 life-threatening situations or specifically trained to install
61-13 wire, oral, or electronic communications intercept equipment.
61-14 (f) Except as provided by Subsections (d) and (h) <(i) of
61-15 this section>, an offense under this section is a felony of the
61-16 second degree.
61-17 (g) <Property seized pursuant to this section may be
61-18 forfeited to the Department of Public Safety in the manner provided
61-19 by Article 18.18, Code of Criminal Procedure, for disposition of
61-20 seized property. The department may destroy the property or
61-21 maintain, repair, use, and operate the property in a manner
61-22 consistent with Article 18.20, Code of Criminal Procedure.>
61-23 <(h)> For purposes of this section:
61-24 (1) An immediate life-threatening situation exists
61-25 when human life is directly threatened in either a hostage or
61-26 barricade situation.
61-27 (2) "Member of a law enforcement unit specially
62-1 trained to respond to and deal with life-threatening situations"
62-2 means a peace officer who has received a minimum of 40 hours a year
62-3 of training in hostage and barricade suspect situations. This
62-4 training must be evidenced by the submission of appropriate
62-5 documentation to the Commission on Law Enforcement Officer
62-6 Standards and Education.
62-7 (h) <(i)>(1) A person commits an offense if, knowing that a
62-8 government attorney or an investigative or law enforcement officer
62-9 has been authorized or has applied for authorization to intercept
62-10 wire, electronic, or oral communications, the person obstructs,
62-11 impedes, prevents, gives notice to another of, or attempts to give
62-12 notice to another of the interception.
62-13 (2) An offense under this subsection is a state jail
62-14 felony <punishable by confinement in the Texas Department of
62-15 Corrections for a term of not more than five years or by a fine of
62-16 not more than $10,000, or both>.
62-17 (i) This section expires September 1, 2005, and shall not be
62-18 in force on and after that date.
62-19 <Sec. 16.021. ><Illegal Interception><. (a) In this section,
62-20 "communication" and "interception" have the same meanings as are
62-21 given those terms in Section 123.001, Civil Practice and Remedies
62-22 Code.>
62-23 <(b) A person, including a landlord, building operator, or
62-24 employee of a communication common carrier, commits an offense if
62-25 the person knowingly aids in or permits an interception or
62-26 attempted interception.>
62-27 <(c) It is a defense to prosecution under this section that
63-1 the interception is authorized by state or federal law.>
63-2 <(d) An offense under this section is a Class A misdemeanor,
63-3 unless the actor has been previously convicted under this section,
63-4 in which event the offense is a felony of the third degree.>
63-5 Sec. 16.03. Unlawful Use of Pen Register or Trap and Trace
63-6 Device. (a) Except as authorized by a court order obtained under
63-7 Article 18.21, Code of Criminal Procedure, or in an emergency under
63-8 the circumstances described and permitted under that article, a
63-9 person commits an offense if he knowingly installs or utilizes a
63-10 pen register or trap and trace device to record telephone numbers
63-11 dialed from or to a telephone instrument.
63-12 (b) In this section, "authorized peace officer,"
63-13 "communications common carrier," "pen register," and "trap and
63-14 trace device" have the meanings assigned by Article 18.21, Code of
63-15 Criminal Procedure.
63-16 (c) It is an exception to the application of Subsection (a)
63-17 <of this section> that an officer, employee, or agent of a
63-18 communications common carrier<, as defined by Article 18.21, Code
63-19 of Criminal Procedure> installs or utilizes a device or equipment
63-20 to record the numbers dialed from or to a telephone instrument in
63-21 the normal course of business of the carrier, for the protection of
63-22 property or services provided by the carrier, or assists an
63-23 authorized peace officer in executing an order issued under Article
63-24 18.21, Code of Criminal Procedure.
63-25 (d) It is an exception to the application of Subsection (a)
63-26 <of this section> that the installation or utilization of a pen
63-27 register or trap and trace device was made by an officer, agent, or
64-1 employee of a lawful enterprise while engaged in an activity that
64-2 is a necessary incident to the rendition of service or to the
64-3 protection of property of or services provided by the enterprise,
64-4 and was not made for the purpose of gathering information for a law
64-5 enforcement agency or private investigative agency, other than
64-6 information related to the theft of communication or information
64-7 services provided by the enterprise.
64-8 (e) An offense under this section is a state jail felony <of
64-9 the third degree>.
64-10 <(f) A pen register or trap and trace device used in
64-11 violation of this section is subject to seizure and may be
64-12 forfeited to the Department of Public Safety in the manner provided
64-13 for disposition of seized property by Article 18.18, Code of
64-14 Criminal Procedure.>
64-15 Sec. 16.04. Unlawful Access to Stored Communications.
64-16 (a) In this section, "electronic communication," "electronic
64-17 storage," "user," and "wire communication" have the meanings
64-18 assigned to those terms in Article 18.21, Code of Criminal
64-19 Procedure.
64-20 (b) A person commits an offense if the person obtains,
64-21 alters, or prevents authorized access to a wire or electronic
64-22 communication while the communication is in electronic storage by:
64-23 (1) intentionally obtaining access without
64-24 authorization to a facility through which a wire or electronic
64-25 communications service is provided; or
64-26 (2) intentionally exceeding an authorization for
64-27 access to a facility through which a wire or electronic
65-1 communications service is provided.
65-2 (c) Except as provided by Subsection (d) <of this section>,
65-3 an offense under Subsection (b) <of this section> is a Class A
65-4 misdemeanor.
65-5 (d) If committed to obtain a benefit or to harm another <for
65-6 purposes of commercial advantage, malicious destruction or damage,
65-7 or private commercial gain>, an offense is a state jail felony <of
65-8 the third degree>. <The amount of a fine that may be imposed for
65-9 an offense punished under this subsection, including an offense
65-10 punishable under this subsection but subject to enhanced penalties,
65-11 may be in any amount not to exceed $250,000.>
65-12 (e) It is an exception to the application of Subsection (b)
65-13 <of this section> that the conduct was authorized by:
65-14 (1) the provider of the wire or electronic
65-15 communications service;
65-16 (2) the user of the wire or electronic communications
65-17 service; or
65-18 (3) Article 18.21, Code of Criminal Procedure.
65-19 Sec. 16.05. Illegal Divulgence of Public Communications.
65-20 (a) In this section, "electronic communication," "electronic
65-21 communications service," and "electronic communications system"
65-22 have the meanings given those terms in Article 18.20, Code of
65-23 Criminal Procedure.
65-24 (b) Except as provided by Subsection (c) <of this section>,
65-25 a person who provides electronic communications service to the
65-26 public commits an offense if he intentionally divulges the contents
65-27 of a communication, other than a communication to that person or
66-1 that person's agent, while the communication is in transmission on
66-2 that service, to any person other than the addressee or the
66-3 intended recipient of the communication or the addressee's or
66-4 intended recipient's agent.
66-5 (c) A person who provides electronic communications service
66-6 to the public may divulge the contents of a communication:
66-7 (1) as authorized by federal or state law;
66-8 (2) to a person employed, authorized, or whose
66-9 facilities are used to forward the communication to the
66-10 communication's destination; or
66-11 (3) to a law enforcement agency if the contents were
66-12 obtained by the service provider and the contents appear to pertain
66-13 to the commission of a crime.
66-14 (d) Except as provided by Subsections (e) and (f) <of this
66-15 section>, an offense under Subsection (b) <of this section> is a
66-16 state jail felony <punishable by confinement in the Texas
66-17 Department of Corrections for a term of not more than five years or
66-18 a fine not to exceed $10,000, or both>.
66-19 (e) If committed for a tortious or illegal purpose or to
66-20 gain a benefit<, or for direct or indirect commercial advantage or
66-21 private commercial gain>, an offense under Subsection (b) <of this
66-22 section> that involves a radio communication that is not scrambled
66-23 or encrypted:
66-24 (1) is a Class A misdemeanor if the communication is
66-25 not the radio portion of a cellular telephone communication, a
66-26 public land mobile radio service communication, or a paging service
66-27 communication; or
67-1 (2) is a Class C misdemeanor <punishable by a fine of
67-2 not more than $500> if the communication is the radio portion of a
67-3 cellular telephone communication, a public and mobile radio service
67-4 or communication or a paging service communication.
67-5 (f)(1) A person who engages in conduct constituting an
67-6 offense under Subsection (b) <of this section> that is not for a
67-7 tortious or illegal purpose or for the purpose of direct or
67-8 indirect commercial advantage or private commercial gain and
67-9 involves a radio communication that is transmitted on frequencies
67-10 allocated under Subpart D or Part 74 of the rules of the Federal
67-11 Communications Commission and that is not scrambled or encrypted
67-12 shall be subject to suit by the federal or state government in a
67-13 court of competent jurisdiction for appropriate injunctive relief.
67-14 If it is shown on the trial of the civil suit that the defendant
67-15 has been convicted of an offense under Subsection (b) or that the
67-16 defendant has been found liable in a civil action under Article
67-17 18.20, Code of Criminal Procedure, in addition to granting
67-18 injunctive relief the court shall impose a civil penalty of $500 on
67-19 the defendant.
67-20 (2) A court may use any means within the court's
67-21 authority to enforce an injunction issued under Subdivision (1)
67-22 <(2) of this subsection> and shall impose a fine as for contempt of
67-23 court of not less than $500 for each violation of the injunction.
67-24 TITLE 5. OFFENSES AGAINST THE PERSON
67-25 CHAPTER 19. CRIMINAL HOMICIDE
67-26 Sec. 19.01. Types of Criminal Homicide. (a) A person
67-27 commits criminal homicide if he intentionally, knowingly,
68-1 recklessly, or with criminal negligence causes the death of an
68-2 individual.
68-3 (b) Criminal homicide is murder, capital murder, <voluntary
68-4 manslaughter, involuntary> manslaughter, or criminally negligent
68-5 homicide.
68-6 Sec. 19.02. Murder. (a) In this section:
68-7 (1) "Adequate cause" means cause that would commonly
68-8 produce a degree of anger, rage, resentment, or terror in a person
68-9 of ordinary temper, sufficient to render the mind incapable of cool
68-10 reflection.
68-11 (2) "Sudden passion" means passion directly caused by
68-12 and arising out of provocation by the individual killed or another
68-13 acting with the person killed which passion arises at the time of
68-14 the offense and is not solely the result of former provocation.
68-15 (b) A person commits an offense if he:
68-16 (1) intentionally or knowingly causes the death of an
68-17 individual;
68-18 (2) intends to cause serious bodily injury and commits
68-19 an act clearly dangerous to human life that causes the death of an
68-20 individual; or
68-21 (3) commits or attempts to commit a felony, other than
68-22 <voluntary or involuntary> manslaughter, and in the course of and
68-23 in furtherance of the commission or attempt, or in immediate flight
68-24 from the commission or attempt, he commits or attempts to commit an
68-25 act clearly dangerous to human life that causes the death of an
68-26 individual.
68-27 (c) Except as provided by Subsection (d), an <(b) An>
69-1 offense under this section is a felony of the first degree.
69-2 (d) At the punishment stage of a trial, the defendant may
69-3 raise the issue as to whether he caused the death under the
69-4 immediate influence of sudden passion arising from an adequate
69-5 cause. If the defendant proves the issue in the affirmative by a
69-6 preponderance of the evidence, the offense is a felony of the
69-7 second degree.
69-8 Sec. 19.03. Capital Murder. (a) A person commits an
69-9 offense if he commits murder as defined under Section 19.02(b)(1)
69-10 <19.02(a)(1) of this code> and:
69-11 (1) the person murders a peace officer or fireman who
69-12 is acting in the lawful discharge of an official duty and who the
69-13 person knows is a peace officer or fireman;
69-14 (2) the person intentionally commits the murder in the
69-15 course of committing or attempting to commit kidnapping, burglary,
69-16 robbery, aggravated sexual assault, <or> arson, or obstruction or
69-17 retaliation;
69-18 (3) the person commits the murder for remuneration or
69-19 the promise of remuneration or employs another to commit the murder
69-20 for remuneration or the promise of remuneration;
69-21 (4) the person commits the murder while escaping or
69-22 attempting to escape from a penal institution;
69-23 (5) the person, while incarcerated in a penal
69-24 institution, murders another:
69-25 (A) who is employed in the operation of the
69-26 penal institution; or
69-27 (B) with the intent to establish, maintain, or
70-1 participate in a combination or in the profits of a combination;
70-2 (6) the person:
70-3 (A) while incarcerated for an offense under this
70-4 section or Section 19.02, murders another; or
70-5 (B) while serving a sentence of life
70-6 imprisonment or a term of 99 years for an offense under Section
70-7 20.04, 22.021, or 29.03, murders another;
70-8 (7) the person murders more than one person:
70-9 (A) during the same criminal transaction; or
70-10 (B) during different criminal transactions but
70-11 the murders are committed pursuant to the same scheme or course of
70-12 conduct; or
70-13 (8) the person murders an individual under six years
70-14 of age.
70-15 (b) An offense under this section is a capital felony.
70-16 (c) If the jury or, when authorized by law, the judge does
70-17 not find beyond a reasonable doubt that the defendant is guilty of
70-18 an offense under this section, he may be convicted of murder or of
70-19 any other lesser included offense.
70-20 Sec. 19.04. <VOLUNTARY MANSLAUGHTER. (a) A person commits
70-21 an offense if he causes the death of an individual under
70-22 circumstances that would constitute murder under Section 19.02 of
70-23 this code, except that he caused the death under the immediate
70-24 influence of sudden passion arising from an adequate cause.>
70-25 <(b) "Sudden passion" means passion directly caused by and
70-26 arising out of provocation by the individual killed or another
70-27 acting with the person killed which passion arises at the time of
71-1 the offense and is not solely the result of former provocation.>
71-2 <(c) "Adequate cause" means cause that would commonly
71-3 produce a degree of anger, rage, resentment, or terror in a person
71-4 of ordinary temper, sufficient to render the mind incapable of cool
71-5 reflection.>
71-6 <(d) An offense under this section is a felony of the second
71-7 degree.>
71-8 <Sec. 19.05. INVOLUNTARY> MANSLAUGHTER. (a) A person
71-9 commits an offense if he<:>
71-10 <(1)> recklessly causes the death of an individual<;
71-11 or>
71-12 <(2) by accident or mistake when operating a motor
71-13 vehicle, airplane, helicopter, or boat while intoxicated and, by
71-14 reason of such intoxication, causes the death of an individual.>
71-15 <(b) For purposes of this section, "intoxicated" has the
71-16 meaning assigned that term by Subsection (a), Article 6701l-1,
71-17 Revised Statutes>.
71-18 (b) <(c)> An offense under this section is a felony of the
71-19 second <third> degree.
71-20 <Sec. 19.06. EVIDENCE. (a) In all prosecutions for murder
71-21 or voluntary manslaughter, the state or the defendant shall be
71-22 permitted to offer testimony as to all relevant facts and
71-23 circumstances surrounding the killing and the previous relationship
71-24 existing between the accused and the deceased, together with all
71-25 relevant facts and circumstances going to show the condition of the
71-26 mind of the accused at the time of the offense.>
71-27 <(b) In a prosecution for murder or manslaughter, if a
72-1 defendant raises as a defense a justification provided by Section
72-2 9.31, 9.32, or 9.33 of this code, the defendant, in order to
72-3 establish the defendant's reasonable belief that use of force or
72-4 deadly force was immediately necessary, shall be permitted to
72-5 offer:>
72-6 <(1) relevant evidence that the defendant had been the
72-7 victim of acts of family violence committed by the deceased, as
72-8 family violence is defined by Section 71.01, Family Code; and>
72-9 <(2) relevant expert testimony regarding the condition
72-10 of the mind of the defendant at the time of the offense, including
72-11 those relevant facts and circumstances relating to family violence
72-12 that are the basis of the expert's opinion.>
72-13 Sec. 19.05 <19.07>. CRIMINALLY NEGLIGENT HOMICIDE. (a) A
72-14 person commits an offense if he causes the death of an individual
72-15 by criminal negligence.
72-16 (b) An offense under this section is a state jail felony
72-17 <Class A misdemeanor>.
72-18 CHAPTER 20. KIDNAPPING AND FALSE IMPRISONMENT
72-19 Sec. 20.01. DEFINITIONS. In this chapter:
72-20 (1) "Restrain" means to restrict a person's movements
72-21 without consent, so as to interfere substantially with his liberty,
72-22 by moving him from one place to another or by confining him.
72-23 Restraint is "without consent" if it is accomplished by:
72-24 (A) force, intimidation, or deception; or
72-25 (B) any means, including acquiescence of the
72-26 victim, if he is a child less than 14 years of age or an
72-27 incompetent person and the parent, guardian, or person or
73-1 institution acting in loco parentis has not acquiesced in the
73-2 movement or confinement.
73-3 (2) "Abduct" means to restrain a person with intent to
73-4 prevent his liberation by:
73-5 (A) secreting or holding him in a place where he
73-6 is not likely to be found; or
73-7 (B) using or threatening to use deadly force.
73-8 (3) "Relative" means a parent or stepparent, ancestor,
73-9 sibling, or uncle or aunt, including an adoptive relative of the
73-10 same degree through marriage or adoption.
73-11 Sec. 20.02. FALSE IMPRISONMENT. (a) A person commits an
73-12 offense if he intentionally or knowingly restrains another person.
73-13 (b) It is an affirmative defense to prosecution under this
73-14 section that:
73-15 (1) the person restrained was a child younger <less>
73-16 than 14 years of age;
73-17 (2) the actor was a relative of the child; and
73-18 (3) the actor's sole intent was to assume lawful
73-19 control of the child.
73-20 (c) An offense under this section is a Class B misdemeanor
73-21 unless the actor recklessly exposes the victim to a substantial
73-22 risk of serious bodily injury, in which event it is a felony of the
73-23 third degree.
73-24 (d) It is no offense to detain or move another under this
73-25 section when it is for the purpose of effecting a lawful arrest or
73-26 detaining an individual lawfully arrested.
73-27 Sec. 20.03. KIDNAPPING. (a) A person commits an offense if
74-1 he intentionally or knowingly abducts another person.
74-2 (b) It is an affirmative defense to prosecution under this
74-3 section that:
74-4 (1) the abduction was not coupled with intent to use
74-5 or to threaten to use deadly force;
74-6 (2) the actor was a relative of the person abducted;
74-7 and
74-8 (3) the actor's sole intent was to assume lawful
74-9 control of the victim.
74-10 (c) An offense under this section is a felony of the third
74-11 degree.
74-12 Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an
74-13 offense if he intentionally or knowingly abducts another person
74-14 with the intent to:
74-15 (1) hold him for ransom or reward;
74-16 (2) use him as a shield or hostage;
74-17 (3) facilitate the commission of a felony or the
74-18 flight after the attempt or commission of a felony;
74-19 (4) inflict bodily injury on him or violate or abuse
74-20 him sexually;
74-21 (5) terrorize him or a third person; or
74-22 (6) interfere with the performance of any governmental
74-23 or political function.
74-24 (b) Except as provided by Subsection (c), an <An> offense
74-25 under this section is a felony of the first degree <unless the
74-26 actor voluntarily releases the victim alive and in a safe place, in
74-27 which event it is a felony of the second degree>.
75-1 (c) At the punishment stage of a trial, the defendant may
75-2 raise the issue as to whether he voluntarily released the victim in
75-3 a safe place. If the defendant proves the issue in the affirmative
75-4 by a preponderance of the evidence, the offense is a felony of the
75-5 second degree.
75-6 CHAPTER 21. SEXUAL OFFENSES
75-7 Sec. 21.01. DEFINITIONS. In this chapter:
75-8 (1) "Deviate sexual intercourse" means:
75-9 (A) any contact between any part of the genitals
75-10 of one person and the mouth or anus of another person; or
75-11 (B) the penetration of the genitals or the anus
75-12 of another person with an object.
75-13 (2) "Sexual contact" means any touching of the anus,
75-14 breast, or any part of the genitals of another person with intent
75-15 to arouse or gratify the sexual desire of any person.
75-16 (3) "Sexual intercourse" means any penetration of the
75-17 female sex organ by the male sex organ.
75-18 Sec. 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an
75-19 offense if he engages in deviate sexual intercourse with another
75-20 individual of the same sex.
75-21 (b) An offense under this section is a Class C misdemeanor.
75-22 Sec. 21.07. PUBLIC LEWDNESS. (a) A person commits an
75-23 offense if he knowingly engages in any of the following acts in a
75-24 public place or, if not in a public place, he is reckless about
75-25 whether another is present who will be offended or alarmed by his
75-26 <act>:
75-27 (1) <an> act of sexual intercourse;
76-1 (2) <an> act of deviate sexual intercourse;
76-2 (3) <an> act of sexual contact; or
76-3 (4) <an> act involving contact between the person's
76-4 mouth or genitals and the anus or genitals of an animal or fowl.
76-5 (b) An offense under this section is a Class A misdemeanor.
76-6 Sec. 21.08. INDECENT EXPOSURE. (a) A person commits an
76-7 offense if he exposes his anus or any part of his genitals with
76-8 intent to arouse or gratify the sexual desire of any person, and he
76-9 is reckless about whether another is present who will be offended
76-10 or alarmed by his act.
76-11 (b) An offense under this section is a Class B misdemeanor.
76-12 Sec. 21.11. INDECENCY WITH A CHILD. (a) A person commits
76-13 an offense if, with a child younger than 17 years and not his
76-14 spouse, whether the child is of the same or opposite sex, he:
76-15 (1) engages in sexual contact with the child; or
76-16 (2) exposes his anus or any part of his genitals,
76-17 knowing the child is present, with intent to arouse or gratify the
76-18 sexual desire of any person.
76-19 (b) <It is a defense to prosecution under this section that
76-20 the child was at the time of the alleged offense 14 years or older
76-21 and had, prior to the time of the alleged offense, engaged
76-22 promiscuously in:>
76-23 <(1) sexual intercourse;>
76-24 <(2) deviate sexual intercourse;>
76-25 <(3) sexual contact; or>
76-26 <(4) indecent exposure as defined in Subsection (a)(2)
76-27 of this section.>
77-1 <(c)> It is an affirmative defense to prosecution under this
77-2 section that the actor:
77-3 (1) was not more than three <two> years older than the
77-4 victim and of the opposite sex; and
77-5 (2) did not use duress, force, or a threat against the
77-6 victim at the time of the offense.
77-7 (c) <(d)> An offense under Subsection (a)(1) <of this
77-8 section> is a felony of the second degree and an offense under
77-9 Subsection (a)(2) <of this section> is a felony of the third
77-10 degree.
77-11 CHAPTER 22. ASSAULTIVE OFFENSES
77-12 Sec. 22.01. Assault. (a) A person commits an offense if
77-13 the person:
77-14 (1) intentionally, knowingly, or recklessly causes
77-15 bodily injury to another, including the person's spouse; <or>
77-16 (2) intentionally or knowingly threatens another with
77-17 imminent bodily injury, including the person's spouse; or
77-18 (3) intentionally or knowingly causes physical contact
77-19 with another when the person knows or should reasonably believe
77-20 that the other will regard the contact as offensive or provocative.
77-21 (b) An offense under Subsection (a)(1) <of this section> is
77-22 a Class A misdemeanor <unless:>
77-23 <(1) the offense is committed by the owner or an
77-24 employee of an institution described in Section 242.002(6), Health
77-25 and Safety Code, or a person providing medical or psychiatric
77-26 treatment at an institution described in that section, and the
77-27 offense is committed by causing bodily injury to a patient or
78-1 resident of an institution described in that section, in which
78-2 event the offense is a felony of the third degree;>
78-3 <(2) the offense is committed by the owner or an
78-4 employee of a facility, except a facility operated by the Texas
78-5 Youth Commission or the Texas Department of Corrections, described
78-6 in Section 242.003(a)(6), Health and Safety Code, or a person
78-7 providing medical or psychiatric treatment at a facility, except a
78-8 facility operated by the Texas Youth Commission or the Texas
78-9 Department of Corrections, described in that section, and the
78-10 offense is committed by causing bodily injury to a patient or
78-11 resident of a facility, except a facility operated by the Texas
78-12 Youth Commission or the Texas Department of Corrections, described
78-13 in that section, in which event the offense is a felony of the
78-14 third degree; or>
78-15 <(3) the offense is committed against a family member
78-16 and the actor has been previously convicted under this section for
78-17 an offense against a family member two or more times, in which
78-18 event the offense is a felony of the third degree>.
78-19 (c) An offense under Subsection (a)(2) or (3) <of this
78-20 section> is a Class C misdemeanor <unless:>
78-21 <(1) the offense is committed by the owner or an
78-22 employee of an institution described in Section 242.002(6), Health
78-23 and Safety Code, or a person providing medical or psychiatric
78-24 treatment at an institution described in that section, and the
78-25 offense is committed by threatening a patient or resident of an
78-26 institution described in that section with bodily injury, in which
78-27 event the offense is a Class B misdemeanor; or>
79-1 <(2) the offense is committed by the owner or an
79-2 employee of a facility, except a facility operated by the Texas
79-3 Youth Commission or the Texas Department of Corrections, described
79-4 in Section 242.003(a)(6), Health and Safety Code, or a person
79-5 providing medical or psychiatric treatment at a facility, except a
79-6 facility operated by the Texas Youth Commission or the Texas
79-7 Department of Corrections, described in that section, and the
79-8 offense is committed by threatening a patient or resident of a
79-9 facility, except a facility operated by the Texas Youth Commission
79-10 or the Texas Department of Corrections, described in that section
79-11 with bodily injury, in which event the offense is a Class B
79-12 misdemeanor; or>
79-13 <(2) the offense is committed by the owner or an
79-14 employee of a facility, except a facility operated by the Texas
79-15 Youth Commission or the institutional division of the Texas
79-16 Department of Criminal Justice, described in Section 242.002,
79-17 Health and Safety Code, or a person providing medical or
79-18 psychiatric treatment at a facility, except a facility operated by
79-19 the Texas Youth Commission or the institutional division, described
79-20 in that section, and the offense is committed by threatening a
79-21 patient or resident of a facility, except a facility operated by
79-22 the Texas Youth Commission or the institutional division, described
79-23 in that section with bodily injury, in which event the offense is a
79-24 Class B misdemeanor;>
79-25 <(3) the offense is committed against a classroom
79-26 teacher, counselor, principal, or other similar instructional or
79-27 administrative employee of a primary or secondary school accredited
80-1 by the Texas Education Agency, other than the Windham Schools,
80-2 while engaged in performing his educational duties, in which event
80-3 the offense is a Class B misdemeanor; or>
80-4 <(4) the offense is committed against a family member
80-5 and the actor has been previously convicted under this section for
80-6 an offense against a family member:>
80-7 <(A) one time, in which event the offense is a
80-8 Class B misdemeanor;>
80-9 <(B) two times, in which event the offense is a
80-10 Class A misdemeanor; or>
80-11 <(C) more than two times, in which event the
80-12 offense is a felony of the third degree.>
80-13 <(d) An offense under Subsection (a)(3) of this section is a
80-14 Class C misdemeanor unless:>
80-15 <(1) the offense is committed against a classroom
80-16 teacher, counselor, principal, or other similar instructional or
80-17 administrative employee of a primary or secondary school accredited
80-18 by the Texas Education Agency while engaged in performing his
80-19 educational duties, in which event the offense is a Class B
80-20 misdemeanor; or>
80-21 <(2) the offense is committed against a family member
80-22 and the actor has been previously convicted under this section for
80-23 an offense against a family member:>
80-24 <(A) one time, in which event the offense is a
80-25 Class B misdemeanor;>
80-26 <(B) two times, in which event the offense is a
80-27 Class A misdemeanor; or>
81-1 <(C) more than two times, in which event the
81-2 offense is a felony of the third degree.>
81-3 <(e) In this section, "family" has the meaning assigned by
81-4 Section 71.01, Family Code>.
81-5 Sec. 22.011. Sexual Assault. (a) A person commits an
81-6 offense if the person:
81-7 (1) intentionally or knowingly:
81-8 (A) causes the penetration of the anus or female
81-9 sexual organ of another person by any means, without that person's
81-10 consent;
81-11 (B) causes the penetration of the mouth of
81-12 another person by the sexual organ of the actor, without that
81-13 person's consent; or
81-14 (C) causes the sexual organ of another person,
81-15 without that person's consent, to contact or penetrate the mouth,
81-16 anus, or sexual organ of another person, including the actor; or
81-17 (2) intentionally or knowingly:
81-18 (A) causes the penetration of the anus or female
81-19 sexual organ of a child by any means;
81-20 (B) causes the penetration of the mouth of a
81-21 child by the sexual organ of the actor;
81-22 (C) causes the sexual organ of a child to
81-23 contact or penetrate the mouth, anus, or sexual organ of another
81-24 person, including the actor; or
81-25 (D) causes the anus of a child to contact the
81-26 mouth, anus, or sexual organ of another person, including the
81-27 actor.
82-1 (b) A sexual assault under Subsection (a)(1) <of this
82-2 section> is without the consent of the other person if:
82-3 (1) the actor compels the other person to submit or
82-4 participate by the use of physical force or violence;
82-5 (2) the actor compels the other person to submit or
82-6 participate by threatening to use force or violence against the
82-7 other person, and the other person believes that the actor has the
82-8 present ability to execute the threat;
82-9 (3) the other person has not consented and the actor
82-10 knows the other person is unconscious or physically unable to
82-11 resist;
82-12 (4) the actor knows that as a result of mental disease
82-13 or defect the other person is at the time of the sexual assault
82-14 incapable either of appraising the nature of the act or of
82-15 resisting it;
82-16 (5) the other person has not consented and the actor
82-17 knows the other person is unaware that the sexual assault is
82-18 occurring;
82-19 (6) the actor has intentionally impaired the other
82-20 person's power to appraise or control the other person's conduct by
82-21 administering any substance without the other person's knowledge;
82-22 <or>
82-23 (7) the actor compels the other person to submit or
82-24 participate by threatening to use force or violence against any
82-25 person, and the other person believes that the actor has the
82-26 ability to execute the threat; or
82-27 (8) the actor is a public servant who coerces the
83-1 other person to submit or participate.
83-2 (c) In this section:
83-3 (1) "Child" means a person younger than 17 years of
83-4 age who is not the spouse of the actor.
83-5 (2) "Spouse" means a person who is legally married to
83-6 another, except that persons married to each other are not treated
83-7 as spouses if they do not reside together or if there is an action
83-8 pending between them for dissolution of the marriage or for
83-9 separate maintenance.
83-10 (d) It is a defense to prosecution under Subsection (a)(2)
83-11 <of this section> that<:>
83-12 <(1) the child was at the time of the offense 14 years
83-13 of age or older and had prior to the time of the offense engaged
83-14 promiscuously in conduct described in that subsection; or>
83-15 <(2)> the conduct consisted of medical care for the
83-16 child and did not include any contact between the anus or sexual
83-17 organ of the child and the mouth, anus, or sexual organ of the
83-18 actor or a third party.
83-19 (e) It is an affirmative defense to prosecution under
83-20 Subsection (a)(2) <of this section> that the actor was not more
83-21 than three <two> years older than the victim, and the victim was a
83-22 child of 14 years of age or older.
83-23 (f) An offense under this section is a felony of the second
83-24 degree.
83-25 <(g) A prosecution against a spouse under this section
83-26 requires a showing of bodily injury or the threat of bodily injury.>
83-27 <Sec. 22.012. INTENTIONALLY EXPOSING ANOTHER TO AIDS OR HIV.
84-1 (a) A person commits an offense if the person, knowing that he or
84-2 she has AIDS or is a carrier of HIV and with intent to cause
84-3 serious bodily injury or death, intentionally engages in conduct
84-4 reasonably likely to result in the transfer of the actor's own
84-5 blood, bodily fluids containing visible blood, semen, or vaginal
84-6 secretions into the bloodstream of another, or through the other
84-7 person's skin or other membrane, except during in utero
84-8 transmission of blood or bodily fluids, and:>
84-9 <(1) the other person did not consent to the transfer
84-10 of blood, bodily fluids containing blood, semen, or vaginal
84-11 secretions; or>
84-12 <(2) the other person consented to the transfer but at
84-13 the time of giving consent had not been informed by the actor that
84-14 the actor had AIDS or was a carrier of HIV.>
84-15 <(b) In this section, "AIDS" and "HIV" have the meanings
84-16 assigned by Section 81.101, Health and Safety Code.>
84-17 <(c) An offense under this section is a felony of the third
84-18 degree.>
84-19 Sec. 22.02. Aggravated Assault. (a) A person commits an
84-20 offense if the person commits assault as defined in Section 22.01
84-21 <of this code> and the person:
84-22 (1) causes serious bodily injury to another, including
84-23 the person's spouse; or
84-24 (2) <threatens with a deadly weapon or threatens to
84-25 cause bodily injury or causes bodily injury to a member of the
84-26 Board of Pardons and Paroles or the Texas Board of Criminal
84-27 Justice, an employee of the pardons and paroles division of the
85-1 Texas Department of Criminal Justice, an employee of the Windham
85-2 Schools, a peace officer, or a jailer, guard, or other employee of
85-3 a municipal or county jail, the institutional division of the Texas
85-4 Department of Criminal Justice, or a correctional facility
85-5 authorized by Subchapter F, Chapter 351, Local Government Code or
85-6 Chapter 495, Government Code, when the person knows or has been
85-7 informed the person assaulted is a member of the Board of Pardons
85-8 and Paroles or the Texas Board of Criminal Justice, an employee of
85-9 the pardons and paroles division, an employee of the Windham
85-10 Schools, a peace officer, or a jailer, guard, or other employee:>
85-11 <(A) while the member of the Board of Pardons
85-12 and Paroles or Texas Board of Criminal Justice, employee of the
85-13 pardons and paroles division, employee of the Windham Schools,
85-14 peace officer, jailer, guard, or other employee is lawfully
85-15 discharging an official duty; or>
85-16 <(B) in retaliation for or on account of an
85-17 exercise of official power or performance of an official duty as a
85-18 member of the Board of Pardons and Paroles or Texas Board of
85-19 Criminal Justice, an employee of the pardons and paroles division,
85-20 an employee of the Windham Schools, a peace officer, or a jailer,
85-21 guard, or other employee; or>
85-22 <(3) causes bodily injury to a participant in a court
85-23 proceeding when the person knows or has been informed the person
85-24 assaulted is a participant in a court proceeding:>
85-25 <(A) while the injured person is lawfully
85-26 discharging an official duty; or>
85-27 <(B) in retaliation for or on account of the
86-1 injured person's having exercised an official power or performed an
86-2 official duty as a participant in a court proceeding; or>
86-3 <(4)> uses or exhibits a deadly weapon during the
86-4 commission of the assault.
86-5 (b) <The actor is presumed to have known the person
86-6 assaulted was a peace officer if he was wearing a distinctive
86-7 uniform indicating his employment as a peace officer.>
86-8 <(c)> An offense under this section is a felony of the
86-9 second <third> degree, except that <unless the offense is committed
86-10 under Subdivision (2) of Subsection (a) of this section and the
86-11 person uses a deadly weapon, in which event> the offense is a
86-12 felony of the first degree if the offense is committed:
86-13 (1) by a public servant acting under color of the
86-14 servant's office or employment;
86-15 (2) against a person the actor knows is a public
86-16 servant while the public servant is lawfully discharging an
86-17 official duty, or in retaliation or on account of an exercise of
86-18 official power or performance of an official duty as a public
86-19 servant; or
86-20 (3) in retaliation against or on account of the
86-21 service of another as a witness, prospective witness, informant, or
86-22 person who has reported the occurrence of a crime.
86-23 (c) The actor is presumed to have known the person assaulted
86-24 was a public servant if the person was wearing a distinctive
86-25 uniform or badge indicating the person's employment as a public
86-26 servant.
86-27 <(d) A person commits an offense if the person commits
87-1 assault as defined in Section 22.01 of this code and the person
87-2 threatens with a deadly weapon or causes serious bodily injury to
87-3 an officer employed by a community supervision and corrections
87-4 department, an employee of a community corrections facility
87-5 operated by or for a community supervision and corrections
87-6 department and listed in Section 6, Article 42.13, Code of Criminal
87-7 Procedure, a juvenile probation officer, or an employee of a
87-8 juvenile probation department or a juvenile detention center:>
87-9 <(1) while the officer or employee is acting in the
87-10 lawful discharge of an official duty; or>
87-11 <(2) in retaliation for or on account of an exercise
87-12 of official power or performance of an official duty by the officer
87-13 or employee.>
87-14 Sec. 22.021. Aggravated Sexual Assault. (a) A person
87-15 commits an offense:
87-16 (1) if the person:
87-17 (A) intentionally or knowingly:
87-18 (i) causes the penetration of the anus or
87-19 female sexual organ of another person by any means, without that
87-20 person's consent;
87-21 (ii) causes the penetration of the mouth
87-22 of another person by the sexual organ of the actor, without that
87-23 person's consent; or
87-24 (iii) causes the sexual organ of another
87-25 person, without that person's consent, to contact or penetrate the
87-26 mouth, anus, or sexual organ of another person, including the
87-27 actor; or
88-1 (B) intentionally or knowingly:
88-2 (i) causes the penetration of the anus or
88-3 female sexual organ of a child by any means;
88-4 (ii) causes the penetration of the mouth
88-5 of a child by the sexual organ of the actor;
88-6 (iii) causes the sexual organ of a child
88-7 to contact or penetrate the mouth, anus, or sexual organ of another
88-8 person, including the actor; or
88-9 (iv) causes the anus of a child to contact
88-10 the mouth, anus, or sexual organ of another person, including the
88-11 actor; and
88-12 (2) if:
88-13 (A) the person:
88-14 (i) causes serious bodily injury or
88-15 attempts to cause the death of the victim or another person in the
88-16 course of the same criminal episode;
88-17 (ii) by acts or words places the victim in
88-18 fear that death, serious bodily injury, or kidnapping will be
88-19 imminently inflicted on any person;
88-20 (iii) by acts or words occurring in the
88-21 presence of the victim threatens to cause the death, serious bodily
88-22 injury, or kidnapping of any person; <or>
88-23 (iv) uses or exhibits a deadly weapon in
88-24 the course of the same criminal episode; or
88-25 (v) acts in concert with another who
88-26 engages in conduct described by Subdivision (1) directed toward the
88-27 same victim and occurring during the course of the same criminal
89-1 episode; or
89-2 (B) the victim is younger than 14 years of age.
89-3 (b) In this section, "child" has the meaning assigned that
89-4 term by Section 22.011(c) <of this code>.
89-5 (c) An aggravated sexual assault under this section is
89-6 without the consent of the other person if the aggravated sexual
89-7 assault occurs under the same circumstances listed in Section
89-8 22.011(b) <of this code>.
89-9 (d) <The defense provided by Section 22.011(d)(1) of this
89-10 code and the affirmative defense provided by Section 22.011(e) of
89-11 this code do not apply to this section.> The defense provided by
89-12 Section 22.011(d) applies <(d)(2) of this section does apply> to
89-13 this section.
89-14 (e) An offense under this section is a felony of the first
89-15 degree.
89-16 <Sec. 22.03. DEADLY ASSAULT ON LAW ENFORCEMENT OR
89-17 CORRECTIONS OFFICER, MEMBER OR EMPLOYEE OF BOARD OF PARDONS AND
89-18 PAROLES, COURT PARTICIPANT, PROBATION PERSONNEL, OR EMPLOYEE OF
89-19 TEXAS YOUTH COMMISSION. (a) A person commits an offense if, with
89-20 a deadly weapon, he intentionally or knowingly causes serious
89-21 bodily injury:>
89-22 <(1) to a peace officer, a jailer, a guard, or other
89-23 employee of a municipal or county jail, the institutional division
89-24 of the Texas Department of Criminal Justice, or a correctional
89-25 facility authorized by Subchapter F, Chapter 351, Local Government
89-26 Code, or Chapter 495, Government Code, a member of the Board of
89-27 Pardons and Paroles or the Texas Board of Criminal Justice, an
90-1 employee of the Windham Schools, or an employee of the pardons and
90-2 paroles division of the Texas Department of Criminal Justice, where
90-3 he knows or has been informed the person assaulted is a peace
90-4 officer, jailer, guard, other employee, member of the Board of
90-5 Pardons and Paroles or the Texas Board of Criminal Justice,
90-6 employee of the Windham Schools, or employee of the pardons and
90-7 paroles division:>
90-8 <(A) while the peace officer, jailer, guard,
90-9 other employee, member of the Board of Pardons and Paroles or the
90-10 Texas Board of Criminal Justice, or employee of the pardons and
90-11 paroles division is acting in the lawful discharge of an official
90-12 duty; or>
90-13 <(B) in retaliation for or on account of an
90-14 exercise of official power or performance of an official duty as a
90-15 peace officer, jailer, guard, other employee, member of the Board
90-16 of Pardons and Paroles or the Texas Board of Criminal Justice,
90-17 employee of the Windham Schools, or employee of the pardons and
90-18 paroles division; or>
90-19 <(2) to a participant in a court proceeding when he
90-20 knows or has been informed that the person assaulted is a
90-21 participant in a court proceeding:>
90-22 <(A) while the injured person is in the lawful
90-23 discharge of official duty; or>
90-24 <(B) in retaliation for or on account of the
90-25 injured person's having exercised an official power or performed an
90-26 official duty as a participant in a court proceeding.>
90-27 <(b) The actor is presumed to have known the person
91-1 assaulted was a peace officer if he was wearing a distinctive
91-2 uniform indicating his employment as a peace officer.>
91-3 <(c) An offense under this section is a felony of the first
91-4 degree.>
91-5 <(d) A person commits an offense if, with a deadly weapon,
91-6 the person intentionally or knowingly causes serious bodily injury
91-7 to an officer employed by a community supervision and corrections
91-8 department, an employee of a community corrections facility
91-9 operated by or for a community supervision and corrections
91-10 department and listed in Section 6, Article 42.13, Code of Criminal
91-11 Procedure, a juvenile probation officer, or an employee of a
91-12 juvenile probation department or a juvenile detention center:>
91-13 <(1) while the officer or employee is acting in the
91-14 lawful discharge of an official duty; or>
91-15 <(2) in retaliation for or on account of an exercise
91-16 of official power or performance of an official duty by the officer
91-17 or employee.>
91-18 <(e) A person commits an offense if, with a deadly weapon,
91-19 the person intentionally or knowingly causes serious bodily injury
91-20 to an employee of the Texas Youth Commission:>
91-21 <(1) while the employee is acting in the lawful
91-22 discharge of an official duty; or>
91-23 <(2) in retaliation for or on account of an exercise
91-24 of official power or performance of an official duty by the
91-25 employee.>
91-26 Sec. 22.04. Injury to a Child, Elderly Individual, or
91-27 DISABLED INDIVIDUAL <Invalid>. (a) A person commits an offense if
92-1 he intentionally, knowingly, recklessly, or with criminal
92-2 negligence, by act or intentionally, knowingly, or recklessly by
92-3 omission, causes to a child, elderly individual, or disabled
92-4 <invalid> individual:
92-5 (1) serious bodily injury;
92-6 (2) serious <physical or> mental deficiency, <or>
92-7 impairment, or injury; or
92-8 (3) <disfigurement or deformity; or>
92-9 <(4)> bodily injury.
92-10 (b) An omission that causes a condition described by
92-11 Subsections (a)(1) through (a)(3) <(a)(4) of this section> is
92-12 conduct constituting an offense under this section if:
92-13 (1) the actor has a legal or statutory duty to act; or
92-14 (2) the actor has assumed care, custody, or control of
92-15 a child, elderly individual, or disabled <invalid> individual.
92-16 (c) In this section:
92-17 (1) "Child" means a person 14 years of age or younger.
92-18 (2) "Elderly individual" means a person 65 years of
92-19 age or older.
92-20 (3) "Disabled <Invalid> individual" means a person
92-21 older than 14 years of age who by reason of age or physical or
92-22 mental disease, defect, or injury is substantially unable to
92-23 protect himself from harm or to provide food, shelter, or medical
92-24 care for himself.
92-25 (d) The actor has assumed care, custody, or control if he
92-26 has by act, words, or course of conduct acted so as to cause a
92-27 reasonable person to conclude that he has accepted responsibility
93-1 for protection, food, shelter, and medical care for a child,
93-2 elderly individual, or disabled <invalid> individual.
93-3 (e) An offense under Subsection (a)(1) or<,> (2)<, or (3) of
93-4 this section> is a felony of the first degree when the conduct is
93-5 committed intentionally or knowingly. When the conduct is engaged
93-6 in recklessly it shall be a felony of the second <third> degree.
93-7 (f) An offense under Subsection (a)(3) <(a)(4) of this
93-8 section> is a felony of the third degree when the conduct is
93-9 committed intentionally or knowingly. When the conduct is engaged
93-10 in recklessly it shall be a state jail felony <Class A
93-11 misdemeanor>.
93-12 (g) An offense under Subsection (a) <of this section> when
93-13 the person acts with criminal negligence shall be a state jail
93-14 felony <Class A misdemeanor>.
93-15 (h) A person who is subject to prosecution under both this
93-16 section and another section of this code may be prosecuted under
93-17 either or both sections. Section 3.04 <of this code> does not
93-18 apply to criminal episodes prosecuted under both this section and
93-19 another section of this code. If a criminal episode is prosecuted
93-20 under both this section and another section of this code and
93-21 sentences are assessed for convictions under both sections, the
93-22 sentences shall run concurrently.
93-23 (i) It is an affirmative defense to prosecution under
93-24 Subsection (b)(2) <of this section> that before the offense the
93-25 actor:
93-26 (1) notified in person the child, elderly individual,
93-27 or disabled <invalid> individual that he would no longer provide
94-1 any of the care described by Subsection (d) <of this section>; and
94-2 (2) notified in writing the parents or person other
94-3 than himself acting in loco parentis to the child, elderly
94-4 individual, or disabled <invalid> individual that he would no
94-5 longer provide any of the care described by Subsection (d) <of this
94-6 section>; or
94-7 (3) notified in writing the Texas Department of Human
94-8 Services that he would no longer provide any of the care set forth
94-9 in Subsection (d) <of this section>.
94-10 (j) Written notification under Subsection (i)(2) or (i)(3)
94-11 <of this section> is not effective unless it contains the name and
94-12 address of the actor, the name and address of the child, elderly
94-13 individual, or disabled <invalid> individual, the type of care
94-14 provided by the actor, and the date the care was discontinued.
94-15 (k)(1) It is a defense to prosecution under this section
94-16 that the act or omission consisted of:
94-17 (A) reasonable medical care occurring under the
94-18 direction of or by a licensed physician; or
94-19 (B) emergency medical care administered in good
94-20 faith and with reasonable care by a person not licensed in the
94-21 healing arts.
94-22 (2) It is an affirmative defense to prosecution under
94-23 this section that the act or omission was based on treatment in
94-24 accordance with the tenets and practices of a recognized religious
94-25 method of healing with a generally accepted record of efficacy. It
94-26 is an affirmative defense to prosecution for a person charged with
94-27 an act of omission under this section causing to a child, elderly
95-1 individual, or disabled individual a condition described by
95-2 Subsection (a)(1), (2), or (3) that:
95-3 (A) there is no evidence that, on the date prior
95-4 to the offense charged, the defendant was aware of an incident of
95-5 injury to the child, elderly individual, or disabled individual and
95-6 failed to report the incident; and
95-7 (B) the person:
95-8 (i) was a victim of family violence, as
95-9 that term is defined by Section 71.01, Family Code, committed by a
95-10 person who is also charged with an offense against the child,
95-11 elderly individual, or disabled individual under this section or
95-12 any other section of this title;
95-13 (ii) did not cause a condition described
95-14 by Subsection (a)(1), (2), or (3); and
95-15 (iii) did not reasonably believe at the
95-16 time of the omission that an effort to prevent the person also
95-17 charged with an offense against the child, elderly individual, or
95-18 disabled individual from committing the offense would have an
95-19 effect.
95-20 Sec. 22.041. Abandoning or Endangering Child. (a) In this
95-21 section, "abandon" means to leave a child in any place without
95-22 providing reasonable and necessary care for the child, under
95-23 circumstances under which no reasonable, similarly situated adult
95-24 would leave a child of that age and ability.
95-25 (b) A person commits an offense if, having custody, care, or
95-26 control of a child younger than 15 years, he intentionally abandons
95-27 the child in any place under circumstances that expose the child to
96-1 an unreasonable risk of harm.
96-2 (c) A person commits an offense if he intentionally,
96-3 knowingly, recklessly, or with criminal negligence, by act or
96-4 omission, engages in conduct that places a child younger than 15
96-5 years in imminent danger of death, bodily injury, or physical or
96-6 mental impairment.
96-7 (d) Except as provided by Subsection (e) <of this section>,
96-8 an offense under Subsection (b) <of this section> is:
96-9 (1) a state jail felony <Class A misdemeanor> if the
96-10 actor abandoned the child with intent to return for the child; or
96-11 (2) a felony of the third degree if the actor
96-12 abandoned the child without intent to return for the child.
96-13 (e) An offense under Subsection (b) <of this section> is a
96-14 felony of the second degree if the actor abandons the child under
96-15 circumstances that a reasonable person would believe would place
96-16 the child in imminent danger of death, bodily injury, or physical
96-17 or mental impairment.
96-18 (f) An offense under Subsection (c) <of this section> is a
96-19 state jail felony <Class A misdemeanor>.
96-20 Sec. 22.05. DEADLY <Reckless> Conduct. (a) A person
96-21 commits an offense if he recklessly engages in conduct that places
96-22 another in imminent danger of serious bodily injury.
96-23 (b) A person commits an offense if he knowingly discharges a
96-24 firearm at or in the direction of:
96-25 (1) one or more individuals; or
96-26 (2) a habitation, building, or vehicle and is reckless
96-27 as to whether the habitation, building, or vehicle is occupied.
97-1 (c) Recklessness and danger are presumed if the actor
97-2 knowingly pointed a firearm at or in the direction of another
97-3 whether or not the actor believed the firearm to be loaded.
97-4 (d) For purposes of this section, "building," "habitation,"
97-5 and "vehicle" have the meanings assigned those terms by Section
97-6 30.01.
97-7 (e) <(c)> An offense under Subsection (a) <this section> is
97-8 a Class A <B> misdemeanor. An offense under Subsection (b) is a
97-9 felony of the third degree.
97-10 Sec. 22.06. Consent as Defense to Assaultive Conduct. The
97-11 victim's effective consent or the actor's reasonable belief that
97-12 the victim consented to the actor's conduct is a defense to
97-13 prosecution under Section 22.01 (Assault), 22.02 (Aggravated
97-14 Assault), or 22.05 (Deadly <Reckless> Conduct) <of this code> if:
97-15 (1) the conduct did not threaten or inflict serious
97-16 bodily injury; or
97-17 (2) the victim knew the conduct was a risk of:
97-18 (A) his occupation;
97-19 (B) recognized medical treatment; or
97-20 (C) a scientific experiment conducted by
97-21 recognized methods.
97-22 Sec. 22.07. Terroristic Threat. (a) A person commits an
97-23 offense if he threatens to commit any offense involving violence to
97-24 any person or property with intent to:
97-25 (1) cause a reaction of any type to his threat by an
97-26 official or volunteer agency organized to deal with emergencies;
97-27 (2) place any person in fear of imminent serious
98-1 bodily injury; or
98-2 (3) prevent or interrupt the occupation or use of a
98-3 building; room; place of assembly; place to which the public has
98-4 access; place of employment or occupation; aircraft, automobile, or
98-5 other form of conveyance; or other public place; or
98-6 (4) cause impairment or interruption of public
98-7 communications, public transportation, public water, gas, or power
98-8 supply or other public service.
98-9 (b) An offense under Subdivision (1) or (2) of Subsection
98-10 (a) <of this section> is a Class B misdemeanor. An offense under
98-11 Subdivision (3) of Subsection (a) <of this section> is a Class A
98-12 misdemeanor. An offense under Subdivision (4) of Subsection (a)
98-13 <of this section> is a felony of the third degree.
98-14 Sec. 22.08. Aiding Suicide. (a) A person commits an
98-15 offense if, with intent to promote or assist the commission of
98-16 suicide by another, he aids or attempts to aid the other to commit
98-17 or attempt to commit suicide.
98-18 (b) An offense under this section is a Class C misdemeanor
98-19 unless the actor's conduct causes suicide or attempted suicide that
98-20 results in serious bodily injury, in which event the offense is a
98-21 state jail felony <of the third degree>.
98-22 Sec. 22.09. Tampering With Consumer Product. (a) In this
98-23 section:
98-24 (1) "Consumer Product" means any product offered for
98-25 sale to or for consumption by the public and includes "food" and
98-26 "drugs" as those terms are defined in Section 431.002, Health and
98-27 Safety Code.
99-1 (2) "Tamper" means to alter or add a foreign substance
99-2 to a consumer product to make it probable that the consumer product
99-3 will cause serious bodily injury.
99-4 (b) A person commits an offense if he knowingly or
99-5 intentionally tampers with a consumer product knowing that the
99-6 consumer product will be offered for sale to the public or as a
99-7 gift to another.
99-8 (c) A person commits an offense if he knowingly or
99-9 intentionally threatens to tamper with a consumer product with the
99-10 intent to cause fear, to affect the sale of the consumer product,
99-11 or to cause bodily injury to any person.
99-12 (d) An offense under Subsection (b) <of this section> is a
99-13 felony of the second degree unless a person suffers serious bodily
99-14 injury, in which event it is a felony of the first degree. An
99-15 offense under Subsection (c) <of this section> is a felony of the
99-16 third degree.
99-17 Sec. 22.10. LEAVING A CHILD IN A VEHICLE. (a) A person
99-18 commits an offense if he intentionally or knowingly leaves a child
99-19 in a motor vehicle for longer than five minutes, knowing that the
99-20 child is:
99-21 (1) younger than seven years of age; and
99-22 (2) not attended by an individual in the vehicle who
99-23 is 14 years of age or older.
99-24 (b) An offense under this section is a Class C misdemeanor.
99-25 TITLE 6. OFFENSES AGAINST THE FAMILY
99-26 CHAPTER 25. OFFENSES AGAINST THE FAMILY
99-27 Sec. 25.01. Bigamy. (a) An individual commits an offense
100-1 if:
100-2 (1) he is legally married and he:
100-3 (A) purports to marry or does marry a person
100-4 other than his spouse in this state, or any other state or foreign
100-5 country, under circumstances that would, but for the actor's prior
100-6 marriage, constitute a marriage; or
100-7 (B) lives with a person other than his spouse in
100-8 this state under the appearance of being married; or
100-9 (2) he knows that a married person other than his
100-10 spouse is married and he:
100-11 (A) purports to marry or does marry that person
100-12 in this state, or any other state or foreign country, under
100-13 circumstances that would, but for the person's prior marriage,
100-14 constitute a marriage; or
100-15 (B) lives with that person in this state under
100-16 the appearance of being married.
100-17 (b) For purposes of this section, "under the appearance of
100-18 being married" means holding out that the parties are married with
100-19 cohabitation and an intent to be married by either party.
100-20 (c) It is a defense to prosecution under Subsection (a)(1)
100-21 <of this section> that the actor reasonably believed that his
100-22 marriage was void or had been dissolved by death, divorce, or
100-23 annulment.
100-24 (d) For the purposes of this section, the lawful wife or
100-25 husband of the actor may testify both for or against the actor
100-26 concerning proof of the original marriage.
100-27 (e) An offense under this section is a Class A misdemeanor
101-1 <felony of the third degree>.
101-2 Sec. 25.02. Prohibited Sexual Conduct <Incest>. (a) An
101-3 individual commits an offense if he engages in sexual intercourse
101-4 or deviate sexual intercourse with a person he knows to be, without
101-5 regard to legitimacy:
101-6 (1) his ancestor or descendant by blood or adoption;
101-7 (2) his stepchild or stepparent, while the marriage
101-8 creating that relationship exists;
101-9 (3) his parent's brother or sister of the whole or
101-10 half blood;
101-11 (4) his brother or sister of the whole or half blood
101-12 or by adoption; or
101-13 (5) the children of his brother or sister of the whole
101-14 or half blood or by adoption.
101-15 (b) For purposes of this section:
101-16 (1) "Deviate sexual intercourse" means any contact
101-17 between the genitals of one person and the mouth or anus of another
101-18 person with intent to arouse or gratify the sexual desire of any
101-19 person.
101-20 (2) "Sexual intercourse" means any penetration of the
101-21 female sex organ by the male sex organ.
101-22 (c) An offense under this section is a felony of the third
101-23 degree.
101-24 Sec. 25.03. Interference With Child Custody. (a) A person
101-25 commits an offense if he takes or retains a child younger than 18
101-26 years when he:
101-27 (1) knows that his taking or retention violates the
102-1 express terms of a judgment or order of a court disposing of the
102-2 child's custody; or
102-3 (2) has not been awarded custody of the child by a
102-4 court of competent jurisdiction, knows that a suit for divorce or a
102-5 civil suit or application for habeas corpus to dispose of the
102-6 child's custody has been filed, and takes the child out of the
102-7 geographic area of the counties composing the judicial district if
102-8 the court is a district court or the county if the court is a
102-9 statutory county court, without the permission of the court and
102-10 with the intent to deprive the court of authority over the child.
102-11 (b) A noncustodial parent commits an offense if, with the
102-12 intent to interfere with the lawful custody of a child younger than
102-13 18 years, he knowingly entices or persuades the child to leave the
102-14 custody of the custodial parent, guardian, or person standing in
102-15 the stead of the custodial parent or guardian of the child.
102-16 (c) It is a defense to prosecution under Subsection (a)(2)
102-17 <of this section> that the actor returned the child to the
102-18 geographic area of the counties composing the judicial district if
102-19 the court is a district court or the county if the court is a
102-20 statutory county court, within three days after the date of the
102-21 commission of the offense.
102-22 (d) An offense under this section is a state jail felony <of
102-23 the third degree>.
102-24 Sec. 25.031. Agreement to Abduct from Custody. (a) A
102-25 person commits an offense if the person agrees, for remuneration or
102-26 the promise of remuneration, to abduct a child younger than 18
102-27 years of age by force, threat of force, misrepresentation, stealth,
103-1 or unlawful entry, knowing that the child is under the care and
103-2 control of a person having custody or physical possession of the
103-3 child under a court order or under the care and control of another
103-4 person who is exercising care and control with the consent of a
103-5 person having custody or physical possession under a court order.
103-6 (b) An offense under this section is a state jail felony <of
103-7 the third degree>.
103-8 Sec. 25.04. Enticing a Child. (a) A person commits an
103-9 offense if, with the intent to interfere with the lawful custody of
103-10 a child younger than 18 years, he knowingly entices, persuades, or
103-11 takes the child from the custody of the parent or guardian or
103-12 person standing in the stead of the parent or guardian of such
103-13 child.
103-14 (b) An offense under this section is a Class B misdemeanor.
103-15 Sec. 25.05. Criminal Nonsupport. (a) An individual commits
103-16 an offense if he intentionally or knowingly fails to provide
103-17 support for his child younger than 18 years of age, or for his
103-18 child who is the subject of a court order requiring the individual
103-19 to support the child.
103-20 (b) For purposes of this section, "child" includes a child
103-21 born out of wedlock whose paternity has either been acknowledged by
103-22 the actor or has been established in a civil suit under the Family
103-23 Code or the law of another state.
103-24 (c) Under this section, a conviction may be had on the
103-25 uncorroborated testimony of a party to the offense.
103-26 (d) It is an affirmative defense to prosecution under this
103-27 section that the actor could not provide support for his child.
104-1 (e) The pendency of a prosecution under this section does
104-2 not affect the power of a court to enter an order for child support
104-3 under the Family Code.
104-4 (f) <Except as provided in Subsection (g) of this section,
104-5 an offense under this section is a Class A misdemeanor.>
104-6 <(g)> An offense under this section is a state jail felony
104-7 <of the third degree if the actor:>
104-8 <(1) has been convicted one or more times under this
104-9 section; or>
104-10 <(2) commits the offense while residing in another
104-11 state>.
104-12 Sec. 25.06. <Solicitation of a Child><. (a) A person commits
104-13 an offense if he entices, persuades, or invites a child younger
104-14 than 14 years to enter a vehicle, building, structure, or enclosed
104-15 area with intent to engage in or propose engaging in sexual
104-16 intercourse, deviate sexual intercourse, or sexual contact with the
104-17 child or with intent to expose his anus or any part of his genitals
104-18 to the child.>
104-19 <(b) The definitions of "sexual intercourse," "deviate
104-20 sexual intercourse," and "sexual contact" in Chapter 21 of this
104-21 code apply to this section.>
104-22 <(c) An offense under this section is a Class A misdemeanor
104-23 unless the actor takes the child out of the county of residence of
104-24 the parent, guardian, or person standing in the stead of the parent
104-25 or guardian of the child, in which event the offense is a felony of
104-26 the third degree.>
104-27 <Sec. 25.07.> Harboring Runaway Child. (a) A person
105-1 commits an offense if he knowingly harbors a child and he is
105-2 criminally negligent about whether the child:
105-3 (1) is younger than 18 years; and
105-4 (2) has escaped from the custody of a peace officer, a
105-5 probation officer, the Texas Youth Council, or a detention facility
105-6 for children, or is voluntarily absent from the child's home
105-7 without the consent of the child's parent or guardian for a
105-8 substantial length of time or without the intent to return.
105-9 (b) It is a defense to prosecution under this section that
105-10 the actor was related to the child within the second degree by
105-11 consanguinity or affinity, as determined under Article 5996h,
105-12 Revised Statutes.
105-13 (c) It is a defense to prosecution under this section that
105-14 the actor notified:
105-15 (1) the person or agency from which the child escaped
105-16 or a law enforcement agency of the presence of the child within 24
105-17 hours after discovering that the child had escaped from custody; or
105-18 (2) a law enforcement agency or a person at the
105-19 child's home of the presence of the child within 24 hours after
105-20 discovering that the child was voluntarily absent from home without
105-21 the consent of the child's parent or guardian.
105-22 (d) An offense under this section is a Class A misdemeanor.
105-23 (e) On the receipt of a report from a peace officer,
105-24 probation officer, the Texas Youth Council, a foster home, or a
105-25 detention facility for children that a child has escaped its
105-26 custody or upon receipt of a report from a parent, guardian,
105-27 conservator, or legal custodian that a child is missing, a law
106-1 enforcement agency shall immediately enter a record of the child
106-2 into the National Crime Information Center.
106-3 Sec. 25.07 <25.08>. Violation of a Protective Order. (a) A
106-4 person commits an offense if, in violation of an order issued under
106-5 Section 3.581, Section 71.11, or Section 71.12, Family Code, the
106-6 person knowingly or intentionally:
106-7 (1) commits family violence;
106-8 (2) directly communicates with a member of the family
106-9 or household in a threatening or harassing manner, communicates a
106-10 threat through any person to a member of the family or household,
106-11 and, if the order prohibits any communication with a member of the
106-12 family or household, communicates in any manner with the member of
106-13 the family or household except through the person's attorney or a
106-14 person appointed by the court; or
106-15 (3) goes to or near any of the following places as
106-16 specifically described in the protective order:
106-17 (A) the residence or place of employment or
106-18 business of a member of the family or household; or
106-19 (B) any child care facility, residence, or
106-20 school where a child protected by the protective order normally
106-21 resides or attends.
106-22 (b) For the purposes of this section, "family violence,"
106-23 "family," "household," and "member of a household" have the
106-24 meanings assigned by Section 71.01, Family Code.
106-25 (c) If conduct constituting an offense under this section
106-26 also constitutes an offense under another section of this code, the
106-27 actor may be prosecuted under either section or under both
107-1 sections.
107-2 (d) Reconciliatory actions or agreements made by persons
107-3 affected by a protective order do not affect the validity of the
107-4 order or the duty of a peace officer to enforce this section.
107-5 (e) A peace officer investigating conduct that may
107-6 constitute an offense under this section for a violation of a
107-7 protective order may not arrest a person protected by that order
107-8 for a violation of that order.
107-9 (f) It is not a defense to prosecution under this section
107-10 that certain information has been excluded, as provided by Section
107-11 71.111, Family Code, from an order to which this section applies.
107-12 (g) An offense under this section is a Class A misdemeanor.
107-13 <However, if it is shown at the trial for the offense that the
107-14 actor has been previously convicted under this section two or more
107-15 times, the offense is a felony of the third degree.>
107-16 Sec. 25.08 <25.11>. Sale or Purchase of Child. (a) A
107-17 person commits an offense if he:
107-18 (1) possesses a child younger than 18 years of age or
107-19 has the custody, conservatorship, or guardianship of a child
107-20 younger than 18 years of age, whether or not he has actual
107-21 possession of the child, and he offers to accept, agrees to accept,
107-22 or accepts a thing of value for the delivery of the child to
107-23 another or for the possession of the child by another for purposes
107-24 of adoption; or
107-25 (2) offers to give, agrees to give, or gives a thing
107-26 of value to another for acquiring or maintaining the possession of
107-27 a child for the purpose of adoption.
108-1 (b) It is an exception to the application of this section
108-2 that the thing of value is:
108-3 (1) a fee paid to a child-placing agency as authorized
108-4 by law;
108-5 (2) a fee paid to an attorney or physician for
108-6 services rendered in the usual course of legal or medical practice;
108-7 or
108-8 (3) a reimbursement of legal or medical expenses
108-9 incurred by a person for the benefit of the child.
108-10 (c) An offense under this section is a felony of the third
108-11 degree <unless the actor has been convicted previously under this
108-12 section, in which event the offense is a felony of the second
108-13 degree>.
108-14 TITLE 7. OFFENSES AGAINST PROPERTY
108-15 CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND
108-16 OTHER PROPERTY DAMAGE OR DESTRUCTION
108-17 Sec. 28.01. Definitions. In this chapter:
108-18 (1) "Habitation" means a structure or vehicle that is
108-19 adapted for the overnight accommodation of persons and includes:
108-20 (A) each separately secured or occupied portion
108-21 of the structure or vehicle; and
108-22 (B) each structure appurtenant to or connected
108-23 with the structure or vehicle.
108-24 (2) "Building" means any structure or enclosure
108-25 intended for use or occupation as a habitation or for some purpose
108-26 of trade, manufacture, ornament, or use.
108-27 (3) "Property" means:
109-1 (A) real property;
109-2 (B) tangible or intangible personal property,
109-3 including anything severed from land; or
109-4 (C) a document, including money, that represents
109-5 or embodies anything of value.
109-6 (4) "Vehicle" includes any device in, on, or by which
109-7 any person or property is or may be propelled, moved, or drawn in
109-8 the normal course of commerce or transportation.
109-9 (5) "Open-space land" means real property that is
109-10 undeveloped for the purpose of human habitation.
109-11 (6) "Controlled burning" means the burning of unwanted
109-12 vegetation with the consent of the owner of the property on which
109-13 the vegetation is located and in such a manner that the fire is
109-14 controlled and limited to a designated area.
109-15 Sec. 28.02. Arson. (a) A person commits an offense if he
109-16 starts a fire or causes an explosion with intent to destroy or
109-17 damage:
109-18 (1) any vegetation, fence, or structure on open-space
109-19 land; or
109-20 (2) any building, habitation, or vehicle:
109-21 (A) knowing that it is within the limits of an
109-22 incorporated city or town;
109-23 (B) knowing that it is insured against damage or
109-24 destruction;
109-25 (C) knowing that it is subject to a mortgage or
109-26 other security interest;
109-27 (D) knowing that it is located on property
110-1 belonging to another;
110-2 (E) knowing that it has located within it
110-3 property belonging to another; or
110-4 (F) when he is reckless about whether the
110-5 burning or explosion will endanger the life of some individual or
110-6 the safety of the property of another.
110-7 (b) It is an exception to the application of Subsection
110-8 (a)(1) <of this section> that the fire or explosion was a part of
110-9 the controlled burning of open-space land.
110-10 (c) It is a defense to prosecution under Subsection
110-11 (a)(2)(A) <of this section> that prior to starting the fire or
110-12 causing the explosion, the actor obtained a permit or other written
110-13 authorization granted in accordance with a city ordinance, if any,
110-14 regulating fires and explosions.
110-15 (d) An offense under this section is a felony of the second
110-16 degree, unless bodily injury or death is suffered by any person by
110-17 reason of the commission of the offense, in which event it is a
110-18 felony of the first degree.
110-19 Sec. 28.03. Criminal Mischief. (a) A person commits an
110-20 offense if, without the effective consent of the owner:
110-21 (1) he intentionally or knowingly damages or destroys
110-22 the tangible property of the owner;
110-23 (2) he intentionally or knowingly tampers with the
110-24 tangible property of the owner and causes pecuniary loss or
110-25 substantial inconvenience to the owner or a third person; or
110-26 (3) he intentionally or knowingly makes markings,
110-27 including inscriptions, slogans, drawings, or paintings, on the
111-1 tangible property of the owner.
111-2 (b) Except as provided by Subsection (f), an offense under
111-3 this section is:
111-4 (1) a Class C misdemeanor if:
111-5 (A) the amount of pecuniary loss is less than
111-6 $20; or
111-7 (B) except as provided in Subdivision
111-8 (3)<(4)>(B) <of this subsection>, it causes substantial
111-9 inconvenience to others;
111-10 (2) a Class B misdemeanor if the amount of pecuniary
111-11 loss is $20 or more but less than $500 <$200>;
111-12 (3) a Class A misdemeanor if the amount of pecuniary
111-13 loss is:
111-14 (A) $500 <$200> or more but less than $1,500
111-15 <$750>; or
111-16 (B) less than $1,500 and the actor causes in
111-17 whole or in part impairment or interruption of public
111-18 communications, public transportation, public water, gas, or power
111-19 supply, or other public service, or causes to be diverted in whole,
111-20 in part, or in any manner, including installation or removal of any
111-21 device for any such purpose, any public communications, public
111-22 water, gas, or power supply;
111-23 (4) a state jail felony <of the third degree> if<:>
111-24 <(A)> the amount of pecuniary loss is $1,500
111-25 <$750> or more but less than $20,000;
111-26 <(B) regardless of the amount of pecuniary loss,
111-27 the actor causes in whole or in part impairment or interruption of
112-1 public communications, public transportation, public water, gas, or
112-2 power supply, or other public service, or diverts, or causes to be
112-3 diverted in whole, in part, or in any manner, including
112-4 installation or removal of any device for such purpose, any public
112-5 communications, public water, gas, or power supply;>
112-6 <(C) regardless of the amount of pecuniary loss,
112-7 the property is one or more head of cattle, horses, sheep, swine,
112-8 or goats;>
112-9 <(D) regardless of the amount of pecuniary loss,
112-10 the property was a fence used for the production of cattle, horses,
112-11 sheep, swine, or goats; or>
112-12 <(E) regardless of the amount of pecuniary loss,
112-13 the damage or destruction was inflicted by branding one or more
112-14 head of cattle, horses, sheep, swine, or goats.>
112-15 (5) a felony of the third <second> degree if the
112-16 amount of the pecuniary loss is $20,000 or more but less than
112-17 $100,000;
112-18 (6) a felony of the second degree if the amount of
112-19 pecuniary loss is $100,000 or more but less than $200,000; or
112-20 (7) a felony of the first degree if the amount of
112-21 pecuniary loss is $200,000 or more.
112-22 (c) For the purposes of this section, it shall be presumed
112-23 that a person <in whose name public communications, public water,
112-24 gas, or power supply is or was last billed and> who is receiving
112-25 the economic benefit of public communications, public water, gas,
112-26 or power <said communication or> supply, has knowingly tampered
112-27 with the tangible property of the owner if the communication or
113-1 supply has been:
113-2 (1) diverted from passing through a metering device;
113-3 or
113-4 (2) prevented from being correctly registered by a
113-5 metering device; or
113-6 (3) activated by any device installed to obtain public
113-7 communications, public water, gas, or power supply without a
113-8 metering device.
113-9 (d) The term "public communication, public transportation,
113-10 public water, gas, or power supply, or other public service" shall
113-11 mean, refer to, and include any such services subject to regulation
113-12 by the Public Utility Commission of Texas, the Railroad Commission
113-13 of Texas, or the Texas Water Commission or any such services
113-14 enfranchised by the State of Texas or any political subdivision
113-15 thereof.
113-16 (e) When more than one item of tangible property, belonging
113-17 to one or more owners, is damaged, destroyed, or tampered with in
113-18 violation of this section pursuant to one scheme or continuing
113-19 course of conduct, the conduct may be considered as one offense,
113-20 and the amounts of pecuniary loss to property resulting from the
113-21 damage to, destruction of, or tampering with the property may be
113-22 aggregated in determining the grade of the offense.
113-23 (f) An offense under this section is<:>
113-24 <(1)> a state jail felony <of the third degree> if the
113-25 damage or destruction is inflicted on a place of worship or human
113-26 burial, a public monument, or a community center that provides
113-27 medical, social, or educational programs and the amount of the
114-1 pecuniary loss to real property or to tangible personal property is
114-2 <$20 or more but> less than $20,000<; or>
114-3 <(2) a felony of the second degree if the damage or
114-4 destruction is inflicted on a place of worship or a community
114-5 center that provides medical, social, or educational programs and
114-6 the amount of the pecuniary loss to real property or to tangible
114-7 personal property is $20,000 or more>.
114-8 Sec. 28.04. Reckless Damage or Destruction. (a) A person
114-9 commits an offense if, without the effective consent of the owner,
114-10 he recklessly damages or destroys property of the owner.
114-11 (b) An offense under this section is a Class C misdemeanor.
114-12 Sec. 28.05. Actor's Interest in Property. It is no defense
114-13 to prosecution under this chapter that the actor has an interest in
114-14 the property damaged or destroyed if another person also has an
114-15 interest that the actor is not entitled to infringe.
114-16 Sec. 28.06. Amount of Pecuniary Loss. (a) The amount of
114-17 pecuniary loss under this chapter, if the property is destroyed,
114-18 is:
114-19 (1) the fair market value of the property at the time
114-20 and place of the destruction; or
114-21 (2) if the fair market value of the property cannot be
114-22 ascertained, the cost of replacing the property within a reasonable
114-23 time after the destruction.
114-24 (b) The amount of pecuniary loss under this chapter, if the
114-25 property is damaged, is the cost of repairing or restoring the
114-26 damaged property within a reasonable time after the damage
114-27 occurred.
115-1 (c) The amount of pecuniary loss under this chapter for
115-2 documents, other than those having a readily ascertainable market
115-3 value, is:
115-4 (1) the amount due and collectible at maturity less
115-5 any part that has been satisfied, if the document constitutes
115-6 evidence of a debt; or
115-7 (2) the greatest amount of economic loss that the
115-8 owner might reasonably suffer by virtue of the destruction or
115-9 damage if the document is other than evidence of a debt.
115-10 (d) If the amount of pecuniary loss cannot be ascertained by
115-11 the criteria set forth in Subsections (a) through (c) <of this
115-12 section>, the amount of loss is deemed to be greater than $500
115-13 <$200> but less than $1,500 <$750>.
115-14 (e) If the actor proves by a preponderance of the evidence
115-15 that he gave consideration for or had a legal interest in the
115-16 property involved, the value of the interest so proven shall be
115-17 deducted from:
115-18 (1) the amount of pecuniary loss if the property is
115-19 destroyed; or
115-20 (2) the amount of pecuniary loss to the extent of an
115-21 amount equal to the ratio the value of the interest bears to the
115-22 total value of the property, if the property is damaged.
115-23 Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY. (a) In
115-24 this section:
115-25 (1) "Railroad property" means:
115-26 (A) a train, locomotive, railroad car, caboose,
115-27 work equipment, rolling stock, safety device, switch, or connection
116-1 that is owned, leased, operated, or possessed by a railroad; or
116-2 (B) a railroad track, rail, bridge, trestle, or
116-3 right-of-way owned or used by a railroad.
116-4 (2) "Tamper" means to move, alter, or interfere with
116-5 railroad property.
116-6 (b) A person commits an offense if the person:
116-7 (1) throws an object or discharges a firearm or weapon
116-8 at a train or rail-mounted work equipment; or
116-9 (2) without the effective consent of the owner:
116-10 (A) enters or remains on railroad property,
116-11 knowing that it is railroad property;
116-12 (B) tampers with railroad property;
116-13 (C) places an obstruction on a railroad track or
116-14 right-of-way; or
116-15 (D) causes in any manner the derailment of a
116-16 train, railroad car, or other railroad property that moves on
116-17 tracks.
116-18 (c) An offense under Subsection (b)(1) <of this section> is
116-19 a Class B misdemeanor unless the person causes bodily injury to
116-20 another, in which event the offense is a felony of the third
116-21 degree.
116-22 (d) An offense under Subsection (b)(2)(A) <of this section>
116-23 is a Class C misdemeanor.
116-24 (e) An offense under Subsection (b)(2)(B), (b)(2)(C), or
116-25 (b)(2)(D) <of this section> is a Class C misdemeanor unless the
116-26 person causes pecuniary loss, in which event the offense is:
116-27 (1) a Class B misdemeanor if the amount of pecuniary
117-1 loss is $20 or more but less than $500 <$200>;
117-2 (2) a Class A misdemeanor if the amount of pecuniary
117-3 loss is $500 <$200> or more but less than $1,500 <$750>;
117-4 (3) a state jail felony <of the third degree> if the
117-5 amount of pecuniary loss is $1,500 <$750> or more but less than
117-6 $20,000; <or>
117-7 (4) a felony of the third <second> degree if the
117-8 amount of the pecuniary loss is $20,000 or more but less than
117-9 $100,000;
117-10 (5) a felony of the second degree if the amount of
117-11 pecuniary loss is $100,000 or more but less than $200,000; or
117-12 (6) a felony of the first degree if the amount of the
117-13 pecuniary loss is $200,000 or more.
117-14 (f) The conduct described in Subsection (b)(2)(A) <of this
117-15 section> is not an offense under this section if it is undertaken
117-16 by an employee of the railroad or by a representative of a labor
117-17 organization which represents or is seeking to represent the
117-18 employees of the railroad as long as the employee or representative
117-19 has a right to engage in such conduct under the Railway Labor Act
117-20 (45 U.S.C. Section 151 et seq.).
117-21 <Sec. 28.08. INTERFERENCE WITH ANIMALS OR ANIMAL FACILITIES.
117-22 (a) In this section:>
117-23 <(1) "Animal" means any nonhuman vertebrate animal
117-24 used in agriculture, research, testing and exhibition, education,
117-25 or food or fiber production, but does not include an animal held
117-26 primarily as a pet.>
117-27 <(2) "Animal facility" means any vehicle, building,
118-1 structure, or premises where an animal is bred or where animals or
118-2 records relating to animals are kept, handled, transported, housed,
118-3 or exhibited.>
118-4 <(3) "Tamper" means to move, alter, or interfere.>
118-5 <(4) "Notice" means:>
118-6 <(A) oral or written communication by the owner
118-7 or someone with apparent authority to act for the owner;>
118-8 <(B) fencing or other enclosure obviously
118-9 designed to exclude intruders or to contain livestock; or>
118-10 <(C) a sign or signs posted on the property or
118-11 at the entrance to the building, reasonably likely to come to the
118-12 attention of intruders, indicating that entry is forbidden.>
118-13 <(b) A person commits an offense if the person, after notice
118-14 is given and without the effective consent of the owner,
118-15 intentionally or knowingly:>
118-16 <(1) enters or remains in or on an animal facility;>
118-17 <(2) makes markings, including inscriptions, slogans,
118-18 drawings, or paintings, on an animal facility;>
118-19 <(3) tampers with an animal facility;>
118-20 <(4) damages or destroys an animal facility; or>
118-21 <(5) removes, carries away, releases, or exercises
118-22 control of an animal or property located in an animal facility.>
118-23 <(c) An offense under Subsection (b)(1) or (2) of this
118-24 section is a Class B misdemeanor unless the person causes bodily
118-25 injury to another or carries a deadly weapon on or about his person
118-26 during the commission of the offense, in which event the offense is
118-27 a Class A misdemeanor.>
119-1 <(d) An offense under Subsection (b)(3), (4), or (5) of this
119-2 section is a Class C misdemeanor unless the person causes pecuniary
119-3 loss, in which event the offense is:>
119-4 <(1) a Class B misdemeanor if the amount of pecuniary
119-5 loss is $20 or more but less than $200;>
119-6 <(2) a Class A misdemeanor if the amount of pecuniary
119-7 loss is $200 or more but less than $750;>
119-8 <(3) a felony of the third degree if the amount of
119-9 pecuniary loss is $750 or more but less than $20,000; or>
119-10 <(4) a felony of the second degree if the amount of
119-11 the pecuniary loss is $20,000 or more.>
119-12 CHAPTER 29. ROBBERY
119-13 Sec. 29.01. DEFINITIONS. In this chapter:
119-14 (1) "In the course of committing theft" means conduct
119-15 that occurs in an attempt to commit, during the commission, or in
119-16 immediate flight after the attempt or commission of theft.
119-17 (2) "Property" means:
119-18 (A) tangible or intangible personal property
119-19 including anything severed from land; or
119-20 (B) a document, including money, that represents
119-21 or embodies anything of value.
119-22 Sec. 29.02. ROBBERY. (a) A person commits an offense if,
119-23 in the course of committing theft as defined in Chapter 31 <of this
119-24 code> and with intent to obtain or maintain control of the
119-25 property, he:
119-26 (1) intentionally, knowingly, or recklessly causes
119-27 bodily injury to another; or
120-1 (2) intentionally or knowingly threatens or places
120-2 another in fear of imminent bodily injury or death.
120-3 (b) An offense under this section is a felony of the second
120-4 degree.
120-5 Sec. 29.03. AGGRAVATED ROBBERY. (a) A person commits an
120-6 offense if he commits robbery as defined in Section 29.02 <of this
120-7 code>, and he:
120-8 (1) causes serious bodily injury to another;
120-9 (2) uses or exhibits a deadly weapon; or
120-10 (3) causes bodily injury to another person or
120-11 threatens or places another person in fear of imminent bodily
120-12 injury or death, if the other person is:
120-13 (A) 65 years of age or older; or
120-14 (B) a disabled person.
120-15 (b) An offense under this section is a felony of the first
120-16 degree.
120-17 (c) In this section, "disabled person" means an individual
120-18 with a mental, physical, or developmental disability who is
120-19 substantially unable to protect himself from harm.
120-20 CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS
120-21 Sec. 30.01. Definitions. In this chapter:
120-22 (1) "Habitation" means a structure or vehicle that is
120-23 adapted for the overnight accommodation of persons, and includes:
120-24 (A) each separately secured or occupied portion
120-25 of the structure or vehicle; and
120-26 (B) each structure appurtenant to or connected
120-27 with the structure or vehicle.
121-1 (2) "Building" means any enclosed structure intended
121-2 for use or occupation as a habitation or for some purpose of trade,
121-3 manufacture, ornament, or use.
121-4 (3) "Vehicle" includes any device in, on, or by which
121-5 any person or property is or may be propelled, moved, or drawn in
121-6 the normal course of commerce or transportation, except such
121-7 devices as are classified as "habitation."
121-8 Sec. 30.02. Burglary. (a) A person commits an offense if,
121-9 without the effective consent of the owner, he:
121-10 (1) enters a habitation, or a building (or any portion
121-11 of a building) not then open to the public, with intent to commit a
121-12 felony or theft; or
121-13 (2) remains concealed, with intent to commit a felony
121-14 or theft, in a building or habitation; or
121-15 (3) enters a building or habitation and commits or
121-16 attempts to commit a felony or theft.
121-17 (b) For purposes of this section, "enter" means to intrude:
121-18 (1) any part of the body; or
121-19 (2) any physical object connected with the body.
121-20 (c) Except as provided in Subsection (d) <of this section>,
121-21 an offense under this section is a:
121-22 (1) state jail felony if committed in a building other
121-23 than a habitation; or
121-24 (2) felony of the second degree if committed in a
121-25 habitation.
121-26 (d) An offense under this section is a felony of the first
121-27 degree if:
122-1 (1) the premises are a habitation; and <or>
122-2 (2) any party to the offense entered the habitation
122-3 with intent to commit a felony other than felony theft <is armed
122-4 with explosives or a deadly weapon; or>
122-5 <(3) any party to the offense injures or attempts to
122-6 injure anyone in effecting entry or while in the building or in
122-7 immediate flight from the building>.
122-8 Sec. 30.03. Burglary of Coin-Operated Or Coin Collection
122-9 Machines. (a) A person commits an offense if, without the
122-10 effective consent of the owner, he breaks or enters into any
122-11 coin-operated machine, coin collection machine, or other
122-12 coin-operated or coin collection receptacle, contrivance,
122-13 apparatus, or equipment used for the purpose of providing lawful
122-14 amusement, sales of goods, services, or other valuable things, or
122-15 telecommunications with intent to obtain property or services.
122-16 (b) For purposes of this section, "entry" includes every
122-17 kind of entry except one made with the effective consent of the
122-18 owner.
122-19 (c) An offense under this section is a Class A misdemeanor.
122-20 Sec. 30.04. Burglary of Vehicles. (a) A person commits an
122-21 offense if, without the effective consent of the owner, he breaks
122-22 into or enters a vehicle or any part of a vehicle with intent to
122-23 commit any felony or theft.
122-24 (b) For purposes of this section, "enter" means to intrude:
122-25 (1) any part of the body; or
122-26 (2) any physical object connected with the body.
122-27 (c) An offense under this section is a Class A misdemeanor
123-1 <felony of the third degree>.
123-2 Sec. 30.05. Criminal Trespass. (a) A person commits an
123-3 offense if he enters or remains on property or in a building of
123-4 another without effective consent and he:
123-5 (1) had notice that the entry was forbidden; or
123-6 (2) received notice to depart but failed to do so.
123-7 (b) For purposes of this section:
123-8 (1) "Entry" means the intrusion of the entire body.
123-9 (2) "Notice" means:
123-10 (A) oral or written communication by the owner
123-11 or someone with apparent authority to act for the owner;
123-12 (B) fencing or other enclosure obviously
123-13 designed to exclude intruders or to contain livestock; <or>
123-14 (C) a sign or signs posted on the property or at
123-15 the entrance to the building, reasonably likely to come to the
123-16 attention of intruders, indicating that entry is forbidden; or
123-17 (D) the visible presence on the property of a
123-18 crop grown for human consumption that is under cultivation, in the
123-19 process of being harvested, or marketable if harvested at the time
123-20 of entry.
123-21 (3) "Shelter center" has the meaning assigned by
123-22 Section 51.002(1), Human Resources Code.
123-23 (c) It is a defense to prosecution under this section that
123-24 the actor at the time of the offense was a fire fighter or
123-25 emergency medical services personnel, as that term is defined by
123-26 Section 773.003, Health and Safety Code, acting in the lawful
123-27 discharge of an official duty under exigent circumstances.
124-1 (d) An offense under this section is a Class B misdemeanor
124-2 unless it is committed in a habitation or a shelter center or
124-3 unless the actor carries a deadly weapon on or about his person
124-4 during the commission of the offense, in which event it is a Class
124-5 A misdemeanor.
124-6 CHAPTER 31. THEFT
124-7 Sec. 31.01. Definitions. In this chapter:
124-8 (1) <"Coercion" means a threat, however communicated:>
124-9 <(A) to commit an offense;>
124-10 <(B) to inflict bodily injury in the future on
124-11 the person threatened or another;>
124-12 <(C) to accuse a person of any offense; or>
124-13 <(D) to expose a person to hatred, contempt, or
124-14 ridicule;>
124-15 <(E) to harm the credit or business repute of
124-16 any person; or>
124-17 <(F) to take or withhold action as a public
124-18 servant, or to cause a public servant to take or withhold action.>
124-19 <(2)> "Deception" means:
124-20 (A) creating or confirming by words or conduct a
124-21 false impression of law or fact that is likely to affect the
124-22 judgment of another in the transaction, and that the actor does not
124-23 believe to be true;
124-24 (B) failing to correct a false impression of law
124-25 or fact that is likely to affect the judgment of another in the
124-26 transaction, that the actor previously created or confirmed by
124-27 words or conduct, and that the actor does not now believe to be
125-1 true;
125-2 (C) preventing another from acquiring
125-3 information likely to affect his judgment in the transaction;
125-4 (D) selling or otherwise transferring or
125-5 encumbering property without disclosing a lien, security interest,
125-6 adverse claim, or other legal impediment to the enjoyment of the
125-7 property, whether the lien, security interest, claim, or impediment
125-8 is or is not valid, or is or is not a matter of official record; or
125-9 (E) promising performance that is likely to
125-10 affect the judgment of another in the transaction and that the
125-11 actor does not intend to perform or knows will not be performed,
125-12 except that failure to perform the promise in issue without other
125-13 evidence of intent or knowledge is not sufficient proof that the
125-14 actor did not intend to perform or knew the promise would not be
125-15 performed.
125-16 (2) <(3)> "Deprive" means:
125-17 (A) to withhold property from the owner
125-18 permanently or for so extended a period of time that a major
125-19 portion of the value or enjoyment of the property is lost to the
125-20 owner;
125-21 (B) to restore property only upon payment of
125-22 reward or other compensation; or
125-23 (C) to dispose of property in a manner that
125-24 makes recovery of the property by the owner unlikely.
125-25 (3) <(4)> "Effective consent" includes consent by a
125-26 person legally authorized to act for the owner. Consent is not
125-27 effective if:
126-1 (A) induced by deception or coercion;
126-2 (B) given by a person the actor knows is not
126-3 legally authorized to act for the owner;
126-4 (C) given by a person who by reason of youth,
126-5 mental disease or defect, or intoxication is known by the actor to
126-6 be unable to make reasonable property dispositions; <or>
126-7 (D) given solely to detect the commission of an
126-8 offense; or
126-9 (E) given by a person who by reason of advanced
126-10 age is known by the actor to have a diminished capacity to make
126-11 informed and rational decisions about the reasonable disposition of
126-12 property.
126-13 (4) <(5)> "Appropriate" means:
126-14 (A) to bring about a transfer or purported
126-15 transfer of title to or other nonpossessory interest in property,
126-16 whether to the actor or another; or
126-17 (B) to acquire or otherwise exercise control
126-18 over property other than real property.
126-19 (5) <(6)> "Property" means:
126-20 (A) real property;
126-21 (B) tangible or intangible personal property
126-22 including anything severed from land; or
126-23 (C) a document, including money, that represents
126-24 or embodies anything of value.
126-25 (6) <(7)> "Service" includes:
126-26 (A) labor and professional service;
126-27 (B) telecommunication, public utility, or <and>
127-1 transportation service;
127-2 (C) lodging, restaurant service, and
127-3 entertainment; and
127-4 (D) the supply of a motor vehicle or other
127-5 property for use.
127-6 (7) <(8)> "Steal" means to acquire property or service
127-7 by theft.
127-8 (8) <(9)> "Certificate of title" has the meaning
127-9 assigned by Section 24, Certificate of Title Act (Article 6687-1,
127-10 Vernon's Texas Civil Statutes).
127-11 (9) <(10)> "Used or secondhand motor vehicle" means a
127-12 used car, as that term is defined by Section 10, Certificate of
127-13 Title Act (Article 6687-1, Vernon's Texas Civil Statutes).
127-14 Sec. 31.02. Consolidation of Theft Offenses. Theft as
127-15 defined in Section 31.03 <of this code> constitutes a single
127-16 offense superseding the separate offenses previously known as
127-17 theft, theft by false pretext, conversion by a bailee, theft from
127-18 the person, shoplifting, acquisition of property by threat,
127-19 swindling, swindling by worthless check, embezzlement, extortion,
127-20 receiving or concealing embezzled property, and receiving or
127-21 concealing stolen property.
127-22 Sec. 31.03. Theft. (a) A person commits an offense if he
127-23 unlawfully appropriates property with intent to deprive the owner
127-24 of property.
127-25 (b) Appropriation of property is unlawful if:
127-26 (1) it is without the owner's effective consent;
127-27 (2) the property is stolen and the actor appropriates
128-1 the property knowing it was stolen by another; or
128-2 (3) property in the custody of any law enforcement
128-3 agency was explicitly represented by any law enforcement agent to
128-4 the actor as being stolen and the actor appropriates the property
128-5 believing it was stolen by another.
128-6 (c) For purposes of Subsection (b) <of this section>:
128-7 (1) evidence that the actor has previously
128-8 participated in recent transactions other than, but similar to,
128-9 that which the prosecution is based is admissible for the purpose
128-10 of showing knowledge or intent and the issues of knowledge or
128-11 intent are raised by the actor's plea of not guilty;
128-12 (2) the testimony of an accomplice shall be
128-13 corroborated by proof that tends to connect the actor to the crime,
128-14 but the actor's knowledge or intent may be established by the
128-15 uncorroborated testimony of the accomplice;
128-16 (3) an actor engaged in the business of buying and
128-17 selling used or secondhand personal property, or lending money on
128-18 the security of personal property deposited with him, is presumed
128-19 to know upon receipt by the actor of stolen property (other than a
128-20 motor vehicle subject to Article 6687-1, Vernon's Texas Civil
128-21 Statutes) that the property has been previously stolen from another
128-22 if the actor pays for or loans against the property $25 or more (or
128-23 consideration of equivalent value) and the actor knowingly or
128-24 recklessly:
128-25 (A) fails to record the name, address, and
128-26 physical description or identification number of the seller or
128-27 pledgor;
129-1 (B) fails to record a complete description of
129-2 the property, including the serial number, if reasonably available,
129-3 or other identifying characteristics; or
129-4 (C) fails to obtain a signed warranty from the
129-5 seller or pledgor that the seller or pledgor has the right to
129-6 possess the property. It is the express intent of this provision
129-7 that the presumption arises unless the actor complies with each of
129-8 the numbered requirements;
129-9 (4) for the purposes of Subdivision (3)(A) <of this
129-10 subsection>, "identification number" means driver's license number,
129-11 military identification number, identification certificate, or
129-12 other official number capable of identifying an individual;
129-13 (5) stolen property does not lose its character as
129-14 stolen when recovered by any law enforcement agency;
129-15 (6) an actor engaged in the business of obtaining
129-16 abandoned or wrecked motor vehicles or parts of an abandoned or
129-17 wrecked motor vehicle for resale, disposal, scrap, repair,
129-18 rebuilding, demolition, or other form of salvage is presumed to
129-19 know on receipt by the actor of stolen property that the property
129-20 has been previously stolen from another if the actor knowingly or
129-21 recklessly:
129-22 (A) fails to maintain an accurate and legible
129-23 inventory of each <major> motor vehicle component part purchased by
129-24 or delivered to the actor, including the date of purchase or
129-25 delivery, the name, age, address, sex, and driver's license number
129-26 of the seller or person making the delivery, the license plate
129-27 number of the motor vehicle in which the part was delivered, a
130-1 complete description of the part, and the vehicle identification
130-2 number of the motor vehicle from which the part was removed, or in
130-3 lieu of maintaining an inventory, fails to record the name and
130-4 certificate of inventory number of the person who dismantled the
130-5 motor vehicle from which the part was obtained;
130-6 (B) fails on receipt of a motor vehicle to
130-7 obtain a certificate of authority, sales receipt, or transfer
130-8 document as required by Article V, Section 1, Chapter 741, Acts of
130-9 the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
130-10 Vernon's Texas Civil Statutes), or a certificate of title showing
130-11 that the motor vehicle is not subject to a lien or that all
130-12 recorded liens on the motor vehicle have been released; or
130-13 (C) fails on receipt of a motor vehicle to
130-14 immediately remove an unexpired license plate from the motor
130-15 vehicle, to keep the plate in a secure and locked place, or to
130-16 maintain an inventory, on forms provided by the Texas <State>
130-17 Department of <Highways and Public> Transportation, of license
130-18 plates kept under this paragraph, including for each plate or set
130-19 of plates the license plate number and the make, motor number, and
130-20 vehicle identification number of the motor vehicle from which the
130-21 plate was removed; and
130-22 (7) an actor who purchases or receives a used or
130-23 secondhand motor vehicle is presumed to know on receipt by the
130-24 actor of the motor vehicle that the motor vehicle has been
130-25 previously stolen from another if the actor knowingly or
130-26 recklessly:
130-27 (A) fails to report to the Texas <State>
131-1 Department of <Highways and Public> Transportation the failure of
131-2 the person who sold or delivered the motor vehicle to the actor to
131-3 deliver to the actor a properly executed certificate of title to
131-4 the motor vehicle at the time the motor vehicle was delivered; or
131-5 (B) fails to file with the county tax
131-6 assessor-collector of the county in which the actor received the
131-7 motor vehicle, not later than the 20th day after the date the actor
131-8 received the motor vehicle, the registration license receipt and
131-9 certificate of title or evidence of title delivered to the actor in
131-10 accordance with Section 2, Chapter 364, Acts of the 50th
131-11 Legislature, Regular Session, 1947 (Article 6687-6, Vernon's Texas
131-12 Civil Statutes), at the time the motor vehicle was delivered<; and>
131-13 <(8) an actor who possesses a shopping cart, laundry
131-14 cart, or container that has a name or mark and is not on the
131-15 premises of the owner or an adjacent parking area is presumed to
131-16 have appropriated property without the owner's effective consent>.
131-17 (d) It is not a defense to prosecution under this section
131-18 that:
131-19 (1) the offense occurred as a result of a deception or
131-20 strategy on the part of a law enforcement agency, including the use
131-21 of an undercover operative or peace officer;
131-22 (2) the actor was provided by a law enforcement agency
131-23 with a facility in which to commit the offense or an opportunity to
131-24 engage in conduct constituting the offense; or
131-25 (3) the actor was solicited to commit the offense by a
131-26 peace officer, and the solicitation was of a type that would
131-27 encourage a person predisposed to commit the offense to actually
132-1 commit the offense, but would not encourage a person not
132-2 predisposed to commit the offense to actually commit the offense.
132-3 (e) Except as provided by Subsection (f) <of this section>,
132-4 an offense under this section is:
132-5 (1) a Class C misdemeanor if the value of the property
132-6 stolen is less than $20;
132-7 (2) a Class B misdemeanor if:
132-8 (A) the value of the property stolen is $20 or
132-9 more but less than $500 <$200>; or
132-10 (B) the value of the property stolen is less
132-11 than $20 and the defendant has previously been convicted of any
132-12 grade of theft;
132-13 (3) a Class A misdemeanor if<:>
132-14 <(A)> the value of the property stolen is $500
132-15 <$200> or more but less than $1,500 <$750; or>
132-16 <(B) the property stolen is one firearm, as
132-17 defined by Section 46.01 of this code, and is valued at less than
132-18 $400>;
132-19 (4) a state jail felony <of the third degree> if:
132-20 (A) the value of the property stolen is $1,500
132-21 <$750> or more but less than $20,000, or the property is one or
132-22 more head of cattle, horses, sheep, swine, or goats or any part
132-23 thereof under the value of $20,000;
132-24 (B) regardless of value, the property is stolen
132-25 from the person of another or from a human corpse or grave;
132-26 (C) the property stolen is a <one> firearm, as
132-27 defined by Section 46.01 <of this code, and is valued at more than
133-1 $400>; or
133-2 (D) <the property stolen is two or more
133-3 firearms, as defined by Section 46.01 of this code; or>
133-4 <(E)> the value of the property stolen is less
133-5 than $1,500 <$750> and the defendant has been previously convicted
133-6 two or more times of any grade of theft;
133-7 (5) a felony of the third <second> degree if<:>
133-8 <(A) the value of the property stolen is less
133-9 than $100,000 and the property is:>
133-10 <(i) combustible hydrocarbon natural or
133-11 synthetic natural gas, or crude petroleum oil;>
133-12 <(ii) equipment designed for use in
133-13 exploration for or production of natural gas or crude petroleum
133-14 oil; or>
133-15 <(iii) equipment designed for use in
133-16 remedial or diagnostic operations on gas or crude petroleum oil
133-17 wells;>
133-18 <(B)> the value of the property stolen is
133-19 $20,000 or more but less than $100,000; <or>
133-20 <(C) the value of the property is less than
133-21 $100,000 and the property was unlawfully appropriated or attempted
133-22 to be unlawfully appropriated by threat to commit a felony offense
133-23 against the person or property of the person threatened or another
133-24 or to withhold information about the location or purported location
133-25 of a bomb, poison, or other harmful object that threatens to harm
133-26 the person or property of the person threatened or another person;
133-27 or>
134-1 (6) a felony of the second <first> degree if<:>
134-2 <(A)> the value of the property stolen is
134-3 $100,000 or more but less than $200,000; or
134-4 (7) a felony of the first degree if the value of the
134-5 property stolen is $200,000 or more <(B) the value of the property
134-6 is $100,000 or more and the property was unlawfully appropriated or
134-7 attempted to be unlawfully appropriated in the manner described by
134-8 Subdivision (5)(C) of this subsection>.
134-9 (f) An offense described for purposes of punishment by
134-10 Subsections <Subsection> (e)(1)-(6) <of this section> is increased
134-11 to the next higher category of offense if it is shown on the trial
134-12 of the offense that:
134-13 (1) the actor was a public servant at the time of the
134-14 offense; and
134-15 (2) the property appropriated came into the actor's
134-16 custody, possession, or control by virtue of his status as a public
134-17 servant.
134-18 <(g) For the purposes of Subsection (c)(8) of this section,
134-19 "shopping cart," "laundry cart," "container," and "name or mark"
134-20 have the respective meanings assigned by Section 17.31, Business &
134-21 Commerce Code.>
134-22 Sec. 31.04. Theft of Service. (a) A person commits theft
134-23 of service if, with intent to avoid payment for service that he
134-24 knows is provided only for compensation:
134-25 (1) he intentionally or knowingly secures performance
134-26 of the service by deception, threat, or false token;
134-27 (2) having control over the disposition of services of
135-1 another to which he is not entitled, he intentionally or knowingly
135-2 diverts the other's services to his own benefit or to the benefit
135-3 of another not entitled to them; or
135-4 (3) having control of personal property under a
135-5 written rental agreement, he holds the property beyond the
135-6 expiration of the rental period without the effective consent of
135-7 the owner of the property, thereby depriving the owner of the
135-8 property of its use in further rentals.
135-9 (b) For purposes of this section, intent to avoid payment is
135-10 presumed if:
135-11 (1) the actor absconded without paying for the service
135-12 in circumstances where payment is ordinarily made immediately upon
135-13 rendering of the service, as in hotels, restaurants, and comparable
135-14 establishments;
135-15 (2) the actor failed to return the property held under
135-16 a rental agreement within 10 days after receiving notice demanding
135-17 return; or
135-18 (3) the actor returns property held under a rental
135-19 agreement after the expiration of the rental agreement and fails to
135-20 pay the applicable rental charge for the property within 10 days
135-21 after the date on which the actor received notice demanding
135-22 payment.
135-23 (c) For purposes of Subsection (b)(2) <of this section>,
135-24 notice shall be notice in writing, sent by registered or certified
135-25 mail with return receipt requested or by telegram with report of
135-26 delivery requested, and addressed to the actor at his address shown
135-27 on the rental agreement.
136-1 (d) If written notice is given in accordance with Subsection
136-2 (c) <of this section>, it is presumed that the notice was received
136-3 no later than five days after it was sent.
136-4 (e) An offense under this section is:
136-5 (1) a Class C misdemeanor if the value of the service
136-6 stolen is less than $20;
136-7 (2) a Class B misdemeanor if the value of the service
136-8 stolen is $20 or more but less than $500 <$200>;
136-9 (3) a Class A misdemeanor if the value of the service
136-10 stolen is $500 <$200> or more but less than $1,500 <$750>;
136-11 (4) a state jail felony <of the third degree> if the
136-12 value of the service stolen is $1,500 <$750> or more but less than
136-13 $20,000;
136-14 (5) a felony of the third <second> degree if the value
136-15 of the service stolen is $20,000 or more but less than $100,000;
136-16 (6) a felony of the second degree if the value of the
136-17 service stolen is $100,000 or more but less than $200,000; or
136-18 (7) a felony of the first degree if the value of the
136-19 service stolen is $200,000 or more.
136-20 Sec. 31.05. Theft of Trade Secrets. (a) For purposes of
136-21 this section:
136-22 (1) "Article" means any object, material, device, or
136-23 substance or any copy thereof, including a writing, recording,
136-24 drawing, sample, specimen, prototype, model, photograph,
136-25 microorganism, blueprint, or map.
136-26 (2) "Copy" means a facsimile, replica, photograph, or
136-27 other reproduction of an article or a note, drawing, or sketch made
137-1 of or from an article.
137-2 (3) "Representing" means describing, depicting,
137-3 containing, constituting, reflecting, or recording.
137-4 (4) "Trade secret" means the whole or any part of any
137-5 scientific or technical information, design, process, procedure,
137-6 formula, or improvement that has value and that the owner has taken
137-7 measures to prevent from becoming available to persons other than
137-8 those selected by the owner to have access for limited purposes.
137-9 (b) A person commits an offense if, without the owner's
137-10 effective consent, he knowingly:
137-11 (1) steals a trade secret;
137-12 (2) makes a copy of an article representing a trade
137-13 secret; or
137-14 (3) communicates or transmits a trade secret.
137-15 (c) An offense under this section is a felony of the third
137-16 degree.
137-17 Sec. 31.06. Presumption for Theft by Check. (a) If the
137-18 actor obtained property or secured performance of service by
137-19 issuing or passing a check or similar sight order for the payment
137-20 of money, when the issuer did not have sufficient funds in or on
137-21 deposit with the bank or other drawee for the payment in full of
137-22 the check or order as well as all other checks or orders then
137-23 outstanding, his intent to deprive the owner of property under
137-24 Section 31.03 <of this code> (Theft) or to avoid payment for
137-25 service under Section 31.04 <of this code> (Theft of Service) is
137-26 presumed (except in the case of a postdated check or order) if:
137-27 (1) he had no account with the bank or other drawee at
138-1 the time he issued the check or order; or
138-2 (2) payment was refused by the bank or other drawee
138-3 for lack of funds or insufficient funds, on presentation within 30
138-4 days after issue, and the issuer failed to pay the holder in full
138-5 within 10 days after receiving notice of that refusal.
138-6 (b) For purposes of Subsection (a)(2) <of this section>,
138-7 notice may be actual notice or notice in writing, sent by
138-8 registered or certified mail with return receipt requested or by
138-9 telegram with report of delivery requested, and addressed to the
138-10 issuer at his address shown on:
138-11 (1) the check or order;
138-12 (2) the records of the bank or other drawee; or
138-13 (3) the records of the person to whom the check or
138-14 order has been issued or passed.
138-15 (c) If written notice is given in accordance with Subsection
138-16 (b) <of this section>, it is presumed that the notice was received
138-17 no later than five days after it was sent.
138-18 (d) Nothing in this section prevents the prosecution from
138-19 establishing the requisite intent by direct evidence.
138-20 (e) Partial restitution does not preclude the presumption of
138-21 the requisite intent under this section.
138-22 Sec. 31.07. Unauthorized Use of a Vehicle. (a) A person
138-23 commits an offense if he intentionally or knowingly operates
138-24 another's boat, airplane, or motor-propelled vehicle without the
138-25 effective consent of the owner.
138-26 (b) An offense under this section is a state jail felony <of
138-27 the third degree>.
139-1 Sec. 31.08. Value. (a) Subject to the additional criteria
139-2 of Subsections (b) and (c) <of this section>, value under this
139-3 chapter is:
139-4 (1) the fair market value of the property or service
139-5 at the time and place of the offense; or
139-6 (2) if the fair market value of the property cannot be
139-7 ascertained, the cost of replacing the property within a reasonable
139-8 time after the theft.
139-9 (b) The value of documents, other than those having a
139-10 readily ascertainable market value, is:
139-11 (1) the amount due and collectible at maturity less
139-12 that part which has been satisfied, if the document constitutes
139-13 evidence of a debt; or
139-14 (2) the greatest amount of economic loss that the
139-15 owner might reasonably suffer by virtue of loss of the document, if
139-16 the document is other than evidence of a debt.
139-17 (c) If property or service has value that cannot be
139-18 reasonably ascertained by the criteria set forth in Subsections (a)
139-19 and (b) <of this section>, the property or service is deemed to
139-20 have a value of $500 or more <than $200> but less than $1,500
139-21 <$750>.
139-22 (d) If the actor proves by a preponderance of the evidence
139-23 that he gave consideration for or had a legal interest in the
139-24 property or service stolen, the amount of the consideration or the
139-25 value of the interest so proven shall be deducted from the value of
139-26 the property or service ascertained under Subsection (a), (b), or
139-27 (c) <of this section> to determine value for purposes of this
140-1 chapter.
140-2 Sec. 31.09. Aggregation of Amounts Involved in Theft. When
140-3 amounts are obtained in violation of this chapter pursuant to one
140-4 scheme or continuing course of conduct, whether from the same or
140-5 several sources, the conduct may be considered as one offense and
140-6 the amounts aggregated in determining the grade of the offense.
140-7 Sec. 31.10. Actor's Interest in Property. It is no defense
140-8 to prosecution under this chapter that the actor has an interest in
140-9 the property or service stolen if another person has the right of
140-10 exclusive possession of the property.
140-11 Sec. 31.11. Tampering With Identification Numbers. (a) A
140-12 person commits an offense if the person:
140-13 (1) knowingly or intentionally removes, alters, or
140-14 obliterates the serial number or other permanent identification
140-15 marking on tangible personal property; or
140-16 (2) possesses, sells, or offers for sale tangible
140-17 personal property and:
140-18 (A) the actor knows that the serial number or
140-19 other permanent identification marking has been removed, altered,
140-20 or obliterated; or
140-21 (B) a reasonable person in the position of the
140-22 actor would have known that the serial number or other permanent
140-23 identification marking has been removed, altered, or obliterated.
140-24 (b) It is an affirmative defense to prosecution under this
140-25 section that the person was:
140-26 (1) the owner or acting with the effective consent of
140-27 the owner of the property involved <and the item of property is not
141-1 property listed in Subsection (e) of this section>;
141-2 (2) a peace officer acting in the actual discharge of
141-3 official duties; or
141-4 (3) acting with respect to a number assigned to a
141-5 vehicle by the Texas <State> Department of <Highways and Public>
141-6 Transportation and the person was:
141-7 (A) in the actual discharge of official duties
141-8 as an employee or agent of the department; or
141-9 (B) in full compliance with the rules of the
141-10 department as an applicant for an assigned number approved by the
141-11 department.
141-12 (c) Property involved in a violation of this section may be
141-13 treated as stolen for purposes of custody and disposition of the
141-14 property.
141-15 (d) An <Except as provided by Subsection (e) of this
141-16 section, an> offense under this section is a Class A misdemeanor.
141-17 (e) <An offense under this section is a felony of the third
141-18 degree if the property involved is:>
141-19 <(1) equipment designed for exploration or production
141-20 of natural gas or crude oil;>
141-21 <(2) equipment designed for remedial or diagnostic
141-22 operations on gas or crude oil wells;>
141-23 <(3) a vehicle or part of a vehicle;>
141-24 <(4) a tractor, farm implement, unit of special mobile
141-25 equipment, or a unit of off-road construction equipment not subject
141-26 to the Certificate of Title Act (Article 6687-1, Vernon's Texas
141-27 Civil Statutes);>
142-1 <(5) an aircraft, boat, or part of an aircraft or
142-2 boat; or>
142-3 <(6) a firearm or part of a firearm.>
142-4 <(f)> In this section, "vehicle" has the meaning given by
142-5 Section 2, Uniform Act Regulating Traffic on Highways (Article
142-6 6701d, Vernon's Texas Civil Statutes).
142-7 <Sec. 31.12. UNAUTHORIZED USE OF TELEVISION DECODING AND
142-8 INTERCEPTION DEVICE OR CABLE DESCRAMBLING, DECODING, OR
142-9 INTERCEPTION DEVICE. (a) A person commits an offense if, with the
142-10 intent to intercept and decode a transmission by a subscription
142-11 television service without the authorization of the provider of the
142-12 service, the person intentionally or knowingly attaches to, causes
142-13 to be attached to, or incorporates in a television set, video tape
142-14 recorder, or other equipment designed to receive a television
142-15 transmission a device that intercepts and decodes the transmission.>
142-16 <(b) A person commits an offense if, with the intent to
142-17 intercept, descramble, or decode a cable television service and
142-18 without the authorization of the provider of the service, the
142-19 person intentionally or knowingly:>
142-20 <(1) physically, electrically, electronically,
142-21 acoustically, or inductively makes or maintains an unauthorized
142-22 cable connection or otherwise intercepts cable television service;>
142-23 <(2) attaches to, causes to be attached to, maintains
142-24 an attachment to, or incorporates in a television set, video tape
142-25 recorder, other equipment designed to receive a television
142-26 transmission, or equipment of a cable television company a device
142-27 that intercepts, descrambles, or decodes the service; or>
143-1 <(3) tampers with, changes, or modifies the equipment
143-2 of a cable television company.>
143-3 <(c) In this section:>
143-4 <(1) "Cable television service" means a service
143-5 provided by or through a facility of a cable television system,
143-6 closed circuit coaxial cable communication system, or microwave or
143-7 similar transmission service used in connection with a cable
143-8 television system.>
143-9 <(2) "Device" means a device other than a nondecoding
143-10 or nondescrambling channel frequency converter or television
143-11 receiver type-accepted by the Federal Communications Commission.>
143-12 <(3) "Subscription television service" means a service
143-13 whereby television broadcast programs intended to be received in an
143-14 intelligible form by members of the public only for a fee or charge
143-15 are transmitted pursuant to the grant of subscription television
143-16 authority by the Federal Communications Commission. The term shall
143-17 not include cable television service or community antenna
143-18 television service.>
143-19 <(d) If an unauthorized device designed to intercept,
143-20 descramble, or decode a subscription television transmission or if
143-21 an unauthorized device designed to intercept, descramble, or decode
143-22 a cable television service is present on the premises or property
143-23 occupied and used by a person, it is presumed that the person
143-24 intentionally or knowingly used the device to intercept,
143-25 descramble, or decode a transmission or a service. If an
143-26 unauthorized cable connection is present on the premises or
143-27 property occupied and used by a person, it is presumed that the
144-1 person intentionally or knowingly used the connection to intercept
144-2 cable television service. If equipment of a cable television
144-3 company that has been tampered with, changed, or modified is
144-4 present on the premises or property occupied and used by a person,
144-5 it is presumed that the person intentionally or knowingly used the
144-6 equipment to intercept, descramble, or decode a cable television
144-7 service.>
144-8 <(e) The presumptions created by Subsection (d) of this
144-9 section do not apply if the person accused shows by a preponderance
144-10 of the evidence that the presence of the unauthorized device or
144-11 connection, or the tampering, change, or modification of the
144-12 equipment of the cable television company, may be attributed to the
144-13 conduct of another.>
144-14 <(f) The presumptions created by Subsection (d) of this
144-15 section do not apply to a telecommunications company that provides
144-16 local or long distance communications services and uses equipment
144-17 described by that subsection in the normal course of its business.>
144-18 <(g) This section does not prohibit the manufacture,
144-19 distribution, sale, or use of satellite receiving antennas that are
144-20 otherwise permitted by state or federal law.>
144-21 <(h) An offense under this section is a Class B misdemeanor
144-22 unless the actor committed the offense for remuneration, in which
144-23 event it is a Class A misdemeanor.>
144-24 <Sec. 31.13. MANUFACTURE, SALE, OR DISTRIBUTION OF
144-25 TELEVISION DECODING AND INTERCEPTION DEVICE OR CABLE DESCRAMBLING,
144-26 DECODING, OR INTERCEPTION DEVICE. (a) A person commits an offense
144-27 if the person for remuneration intentionally or knowingly
145-1 manufactures, distributes, or sells, with an intent to aid an
145-2 offense under Section 31.12 of this code, a device or a plan or
145-3 part for a device that intercepts and decodes a transmission by a
145-4 subscription television service or that intercepts, descrambles, or
145-5 decodes a cable television service.>
145-6 <(b) In this section, "cable television service," "device,"
145-7 and "subscription television service" have the meanings assigned by
145-8 Section 31.12 of this code.>
145-9 <(c) This section does not prohibit the manufacture,
145-10 distribution, sale, or use of satellite receiving antennas that are
145-11 otherwise permitted by state or federal law.>
145-12 <(d) An offense under this section is a Class A
145-13 misdemeanor.>
145-14 CHAPTER 32. FRAUD
145-15 SUBCHAPTER A. GENERAL PROVISIONS
145-16 Sec. 32.01. Definitions. In this chapter:
145-17 (1) "Financial institution" means a bank, trust
145-18 company, insurance company, credit union, building and loan
145-19 association, savings and loan association, investment trust,
145-20 investment company, or any other organization held out to the
145-21 public as a place for deposit of funds or medium of savings or
145-22 collective investment.
145-23 (2) "Property" means:
145-24 (A) real property;
145-25 (B) tangible or intangible personal property
145-26 including anything severed from land; or
145-27 (C) a document, including money, that represents
146-1 or embodies anything of value.
146-2 (3) "Service" includes:
146-3 (A) labor and professional service;
146-4 (B) telecommunication, public utility, and
146-5 transportation service;
146-6 (C) lodging, restaurant service, and
146-7 entertainment; and
146-8 (D) the supply of a motor vehicle or other
146-9 property for use.
146-10 (4) "Steal" means to acquire property or service by
146-11 theft.
146-12 Sec. 32.02. Value. (a) Subject to the additional criteria
146-13 of Subsections (b) and (c) <of this section>, value under this
146-14 chapter is:
146-15 (1) the fair market value of the property or service
146-16 at the time and place of the offense; or
146-17 (2) if the fair market value of the property cannot be
146-18 ascertained, the cost of replacing the property within a reasonable
146-19 time after the offense.
146-20 (b) The value of documents, other than those having a
146-21 readily ascertainable market value, is:
146-22 (1) the amount due and collectible at maturity less
146-23 any part that has been satisfied, if the document constitutes
146-24 evidence of a debt; or
146-25 (2) the greatest amount of economic loss that the
146-26 owner might reasonably suffer by virtue of loss of the document, if
146-27 the document is other than evidence of a debt.
147-1 (c) If property or service has value that cannot be
147-2 reasonably ascertained by the criteria set forth in Subsections (a)
147-3 and (b) <of this section>, the property or service is deemed to
147-4 have a value of $500 or more <than $20> but less than $1,500
147-5 <$200>.
147-6 (d) If the actor proves by a preponderance of the evidence
147-7 that he gave consideration for or had a legal interest in the
147-8 property or service stolen, the amount of the consideration or the
147-9 value of the interest so proven shall be deducted from the value of
147-10 the property or service ascertained under Subsection (a), (b), or
147-11 (c) <of this section> to determine value for purposes of this
147-12 chapter.
147-13 Sec. 32.03. Aggregation of Amounts Involved in Fraud. When
147-14 amounts are obtained in violation of this chapter pursuant to one
147-15 scheme or continuing course of conduct, whether from the same or
147-16 several sources, the conduct may be considered as one offense and
147-17 the amounts aggregated in determining the grade of offense.
147-18 (Sections 32.04 to 32.20 <are> reserved for expansion)
147-19 SUBCHAPTER B. FORGERY
147-20 Sec. 32.21. Forgery. (a) For purposes of this section:
147-21 (1) "Forge" means:
147-22 (A) to alter, make, complete, execute, or
147-23 authenticate any writing so that it purports:
147-24 (i) to be the act of another who did not
147-25 authorize that act;
147-26 (ii) to have been executed at a time or
147-27 place or in a numbered sequence other than was in fact the case; or
148-1 (iii) to be a copy of an original when no
148-2 such original existed;
148-3 (B) to issue, transfer, register the transfer
148-4 of, pass, publish, or otherwise utter a writing that is forged
148-5 within the meaning of Paragraph (A) <of this subdivision>; or
148-6 (C) to possess a writing that is forged within
148-7 the meaning of Paragraph (A) with intent to utter it in a manner
148-8 specified in Paragraph (B) <of this subdivision>.
148-9 (2) "Writing" includes:
148-10 (A) printing or any other method of recording
148-11 information;
148-12 (B) money, coins, tokens, stamps, seals, credit
148-13 cards, badges, and trademarks; and
148-14 (C) symbols of value, right, privilege, or
148-15 identification.
148-16 (b) A person commits an offense if he forges a writing with
148-17 intent to defraud or harm another.
148-18 (c) Except as provided in Subsections (d) and (e) <of this
148-19 section> an offense under this section is a Class A misdemeanor.
148-20 (d) An offense under this section is a state jail felony <of
148-21 the third degree> if the writing is or purports to be a will,
148-22 codicil, deed, deed of trust, mortgage, security instrument,
148-23 security agreement, credit card, check or similar sight order for
148-24 payment of money, contract, release, or other commercial
148-25 instrument.
148-26 (e) An offense under this section is a felony of the third
148-27 <second> degree if the writing is or purports to be:
149-1 (1) part of an issue of money, securities, postage or
149-2 revenue stamps;
149-3 (2) a government record listed in Section 37.01(1)(C)
149-4 <of this code>; or
149-5 (3) other instruments issued by a state or national
149-6 government or by a subdivision of either, or part of an issue of
149-7 stock, bonds, or other instruments representing interests in or
149-8 claims against another person.
149-9 (f) A person is presumed to intend to defraud or harm
149-10 another if the person acts with respect to two or more writings of
149-11 the same type and if each writing is a government record listed in
149-12 Section 37.01(1)(C) <of this code>.
149-13 Sec. 32.22. CRIMINAL SIMULATION. (a) A person commits an
149-14 offense if, with intent to defraud or harm another:
149-15 (1) he makes or alters an object, in whole or in part,
149-16 so that it appears to have value because of age, antiquity, rarity,
149-17 source, or authorship that it does not have;
149-18 (2) <he sells, passes, or otherwise utters an object
149-19 so made or altered;>
149-20 <(3)> he possesses an object so made or altered, with
149-21 intent to sell, pass, or otherwise utter it; or
149-22 (3) <(4)> he authenticates or certifies an object so
149-23 made or altered as genuine or as different from what it is.
149-24 (b) An offense under this section is a Class A misdemeanor.
149-25 (Sections 32.23 to 32.30 <are> reserved for expansion)
149-26 SUBCHAPTER C. CREDIT
149-27 Sec. 32.31. CREDIT CARD OR DEBIT CARD ABUSE. (a) For
150-1 purposes of this section:
150-2 (1) "Cardholder" means the person named on the face of
150-3 a credit card or debit card to whom or for whose benefit the
150-4 <credit> card is issued.
150-5 (2) "Credit card" means an identification card, plate,
150-6 coupon, book, number, or any other device authorizing a designated
150-7 person or bearer to obtain property or services on credit. The
150-8 term <It> includes the number or description of the device if the
150-9 device itself is not produced at the time of ordering or obtaining
150-10 the property or service.
150-11 (3) "Expired credit card" means a credit card bearing
150-12 an expiration date after that date has passed.
150-13 (4) "Debit card" means an identification card, plate,
150-14 coupon, book, number, or any other device authorizing a designated
150-15 person or bearer to communicate a request to an unmanned teller
150-16 machine or a customer convenience terminal. The term includes the
150-17 number or description of the device if the device itself is not
150-18 produced at the time of ordering or obtaining the benefit.
150-19 (5) "Expired debit card" means a debit card bearing as
150-20 its expiration date a date that has passed.
150-21 (6) "Unmanned teller machine" means a machine, other
150-22 than a telephone, capable of being operated by a customer, by which
150-23 a customer may communicate to a financial institution a request to
150-24 withdraw a benefit for himself or for another directly from the
150-25 customer's account or from the customer's account under a line of
150-26 credit previously authorized by the institution for the customer.
150-27 (7) "Customer convenience terminal" means an unmanned
151-1 teller machine the use of which does not involve personnel of a
151-2 financial institution.
151-3 (b) A person commits an offense if:
151-4 (1) with intent to obtain a benefit <property or
151-5 service> fraudulently, he presents or uses a credit card or debit
151-6 card with knowledge that:
151-7 (A) the card, whether or not expired, has not
151-8 been issued to him and is not used with the effective consent of
151-9 the cardholder; or
151-10 (B) the card has expired or has been revoked or
151-11 cancelled;
151-12 (2) with intent to obtain a benefit <property or
151-13 service>, he uses a fictitious credit card or debit card or the
151-14 pretended number or description of a fictitious <credit> card;
151-15 (3) he receives a benefit <property or service> that
151-16 he knows has been obtained in violation of this section;
151-17 (4) he steals a credit card or debit card or, with
151-18 knowledge that it has been stolen, receives a credit card or debit
151-19 card with intent to use it, to sell it, or to transfer it to a
151-20 person other than the issuer or the cardholder;
151-21 (5) he buys a credit card or debit card from a person
151-22 who he knows is not the issuer;
151-23 (6) not being the issuer, he sells a credit card or
151-24 debit card;
151-25 (7) he uses or induces the cardholder to use the
151-26 cardholder's credit card to obtain property or service for the
151-27 actor's benefit for which the cardholder is financially unable to
152-1 pay;
152-2 (8) not being the cardholder, and without the
152-3 effective consent of the cardholder, he signs or writes his name or
152-4 the name of another on a credit card or debit card with intent to
152-5 use it;
152-6 (9) he possesses two or more incomplete credit cards
152-7 or debit cards that have not been issued to him with intent to
152-8 complete them without the effective consent of the issuer. For
152-9 purposes of this subdivision, a <credit> card is incomplete if part
152-10 of the matter that an issuer requires to appear on the <credit>
152-11 card before it can be used, <(>other than the signature of the
152-12 cardholder,<)> has not yet been stamped, embossed, imprinted, or
152-13 written on it;
152-14 (10) being authorized by an issuer to furnish goods or
152-15 services on presentation of a credit card, he, with intent to
152-16 defraud the issuer or the cardholder, furnishes goods or services
152-17 on presentation of a credit card obtained or retained in violation
152-18 of this section or a credit card that is forged, expired, or
152-19 revoked; or
152-20 (11) being authorized by an issuer to furnish goods or
152-21 services on presentation of a credit card, he, with intent to
152-22 defraud the issuer or a cardholder, fails to furnish goods or
152-23 services that he represents in writing to the issuer that he has
152-24 furnished.
152-25 (c) It is presumed that a person who used a revoked,
152-26 cancelled, or expired credit card or debit card had knowledge that
152-27 the card had been revoked, cancelled, or expired if he had received
153-1 notice of revocation, cancellation, or expiration from the issuer.
153-2 For purposes of this section, notice may be either notice given
153-3 orally in person or by telephone, or in writing by mail or by
153-4 telegram. If written notice was sent by registered or certified
153-5 mail with return receipt requested, or by telegram with report of
153-6 delivery requested, addressed to the cardholder at the last address
153-7 shown by the records of the issuer, it is presumed that the notice
153-8 was received by the cardholder no later than five days after sent.
153-9 (d) An offense under this section is a state jail felony <of
153-10 the third degree>.
153-11 Sec. 32.32. FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT.
153-12 (a) For purposes of this section, "credit" includes:
153-13 (1) a loan of money;
153-14 (2) furnishing property or service on credit;
153-15 (3) extending the due date of an obligation;
153-16 (4) comaking, endorsing, or guaranteeing a note or
153-17 other instrument for obtaining credit;
153-18 (5) a line or letter of credit; and
153-19 (6) a credit card, as defined in Section 32.31 <of
153-20 this code> (Credit Card Abuse).
153-21 (b) A person commits an offense if he intentionally or
153-22 knowingly makes a materially false or misleading written statement
153-23 to obtain property or credit for himself or another.
153-24 (c) An offense under this section is a Class A misdemeanor.
153-25 Sec. 32.33. Hindering Secured Creditors. (a) For purposes
153-26 of this section:
153-27 (1) "Remove" means transport, without the effective
154-1 consent of the secured party, from the state in which the property
154-2 was located when the security interest or lien attached.
154-3 (2) "Security interest" means an interest in personal
154-4 property or fixtures that secures payment or performance of an
154-5 obligation.
154-6 (b) A person who has signed a security agreement creating a
154-7 security interest in property or a mortgage or deed of trust
154-8 creating a lien on property commits an offense if, with intent to
154-9 hinder enforcement of that interest or lien, he destroys, removes,
154-10 conceals, encumbers, or otherwise harms or reduces the value of the
154-11 property.
154-12 (c) For purposes of this section, a person is presumed to
154-13 have intended to hinder enforcement of the security interest or
154-14 lien if, when any part of the debt secured by the security interest
154-15 or lien was due, he failed:
154-16 (1) to pay the part then due; and
154-17 (2) if the secured party had made demand, to deliver
154-18 possession of the secured property to the secured party.
154-19 (d) An <Except as provided in Subsections (e) and (f) of
154-20 this section, an> offense under Subsection (b) <this section> is a:
154-21 (1) Class C misdemeanor if the value of the property
154-22 destroyed, removed, concealed, encumbered, or otherwise harmed or
154-23 reduced in value is less than $20;
154-24 (2) Class B misdemeanor if the value of the property
154-25 destroyed, removed, concealed, encumbered, or otherwise harmed or
154-26 reduced in value is $20 or more but less than $500;
154-27 (3) Class A misdemeanor if the value of the property
155-1 destroyed, removed, concealed, encumbered, or otherwise harmed or
155-2 reduced in value is $500 or more but less than $1,500;
155-3 (4) state jail felony if the value of the property
155-4 destroyed, removed, concealed, encumbered, or otherwise harmed or
155-5 reduced in value is $1,500 or more but less than $20,000;
155-6 (5) felony of the third degree if the value of the
155-7 property destroyed, removed, concealed, encumbered, or otherwise
155-8 harmed or reduced in value is $20,000 or more but less than
155-9 $100,000;
155-10 (6) felony of the second degree if the value of the
155-11 property destroyed, removed, concealed, encumbered, or otherwise
155-12 harmed or reduced in value is $100,000 or more but less than
155-13 $200,000; or
155-14 (7) felony of the first degree if the value of the
155-15 property destroyed, removed, concealed, encumbered, or otherwise
155-16 harmed or reduced in value is $200,000 or more <Class A
155-17 misdemeanor>.
155-18 (e) <If the actor removes the property, the offense is a
155-19 felony of the third degree.>
155-20 <(f)> A person who is a debtor under a security agreement,
155-21 and who does not have a right to sell or dispose of the secured
155-22 property or is required to account to the secured party for the
155-23 proceeds of a permitted sale or disposition, commits an offense if
155-24 the person sells or otherwise disposes of the secured property, or
155-25 does not account to the secured party for the proceeds of a sale or
155-26 other disposition as required, with intent to appropriate (as
155-27 defined in Chapter 31 <of this code>) the proceeds or value of the
156-1 secured property. A person is presumed to have intended to
156-2 appropriate proceeds if the person does not deliver the proceeds to
156-3 the secured party or account to the secured party for the proceeds
156-4 before the 11th day after the day that the secured party makes a
156-5 lawful demand for the proceeds or account. An offense under this
156-6 subsection is:
156-7 (1) a Class C <A> misdemeanor if the proceeds obtained
156-8 from the sale or other disposition are money or goods having a
156-9 value of less than $20 <$10,000>;
156-10 (2) a Class B misdemeanor if the proceeds obtained
156-11 from the sale or other disposition are money or goods having a
156-12 value of $20 or more but less than $500;
156-13 (3) a Class A misdemeanor if the proceeds obtained
156-14 from the sale or other disposition are money or goods having a
156-15 value of $500 or more but less than $1,500;
156-16 (4) a state jail felony if the proceeds obtained from
156-17 the sale or other disposition are money or goods having a value of
156-18 $1,500 or more but less than $20,000;
156-19 (5) a felony of the third degree if the proceeds
156-20 obtained from the sale or other disposition are money or goods
156-21 having a value of $20,000 or more but less than $100,000;
156-22 (6) a felony of the second degree if the proceeds
156-23 obtained from the sale or other disposition are money or goods
156-24 having a value of $100,000 or more but less than $200,000; or
156-25 (7) a felony of the first degree if the proceeds
156-26 obtained from the sale or other disposition are money or goods
156-27 having a value of $200,000 or more <a felony of the third degree if
157-1 the proceeds obtained from the sale or other disposition are money
157-2 or goods having a value of $10,000 or more>.
157-3 <Sec. 32.34. FRAUD IN INSOLVENCY. (a) A person commits an
157-4 offense if, when proceedings have been or are about to be
157-5 instituted for the appointment of a trustee, receiver, or other
157-6 person entitled to administer property for the benefit of
157-7 creditors, or when any other assignment, composition, or
157-8 liquidation for the benefit of creditors has been or is about to be
157-9 made:>
157-10 <(1) he destroys, removes, conceals, encumbers,
157-11 transfers, or otherwise harms or reduces the value of the property
157-12 with intent to defeat or obstruct the operation of a law relating
157-13 to administration of property for the benefit of creditors;>
157-14 <(2) he intentionally falsifies any writing or record
157-15 relating to the property or any claim against the debtor; or>
157-16 <(3) he intentionally misrepresents or refuses to
157-17 disclose to a trustee or receiver, or other person entitled to
157-18 administer property for the benefit of creditors, the existence,
157-19 amount, or location of the property, or any other information that
157-20 the actor could legally be required to furnish in relation to the
157-21 administration.>
157-22 <(b) An offense under this section is a Class A misdemeanor.>
157-23 <Sec. 32.35. RECEIVING DEPOSIT, PREMIUM, OR INVESTMENT IN
157-24 FAILING FINANCIAL INSTITUTION. (a) A person directing or
157-25 participating in the direction of a financial institution commits
157-26 an offense if he receives or permits the receipt of a deposit,
157-27 premium payment, or investment in the institution knowing that, due
158-1 to the financial condition of the institution:>
158-2 <(1) it is unable to make payment of the deposit on
158-3 demand, if it is a deposit ordinarily payable on demand; or>
158-4 <(2) it is about to suspend operations or go into
158-5 receivership.>
158-6 <(b) It is a defense to prosecution under this section that:>
158-7 <(1) the person making the deposit, premium payment,
158-8 or investment was adequately informed of the financial condition of
158-9 the institution; or>
158-10 <(2) the accounts of the institution are insured or
158-11 guaranteed by an agency or instrumentality of the United States
158-12 government or in accordance with the Texas Credit Union Act
158-13 (Article 2461-1.01 et seq., Vernon's Texas Civil Statutes).>
158-14 <(c) An offense under this section is a Class A
158-15 misdemeanor.>
158-16 Sec. 32.34 <32.36>. FRAUDULENT TRANSFER OF A MOTOR VEHICLE.
158-17 (a) In this section:
158-18 (1) "Lease" means the grant of use and possession of a
158-19 motor vehicle for consideration, whether or not the grant includes
158-20 an option to buy the vehicle.
158-21 (2) "Motor vehicle" means a device in, on, or by which
158-22 a person or property is or may be transported or drawn on a
158-23 highway, except a device used exclusively on stationary rails or
158-24 tracks.
158-25 (3) "Security interest" means an interest in personal
158-26 property or fixtures that secures payment or performance of an
158-27 obligation.
159-1 (4) "Third party" means a person other than the actor
159-2 or the owner of the vehicle.
159-3 (5) "Transfer" means to transfer possession, whether
159-4 or not another right is also transferred, by means of a sale,
159-5 lease, sublease, lease assignment, or other property transfer.
159-6 (b) A person commits an offense if the person acquires,
159-7 accepts possession of, or exercises control over the motor vehicle
159-8 of another under a written or oral agreement to arrange for the
159-9 transfer of the vehicle to a third party and:
159-10 (1) knowing the vehicle is subject to a security
159-11 interest, lease, or lien, the person transfers the vehicle to a
159-12 third party without first obtaining written authorization from the
159-13 vehicle's secured creditor, lessor, or lienholder;
159-14 (2) intending to defraud or harm the vehicle's owner,
159-15 the person transfers the vehicle to a third party;
159-16 (3) intending to defraud or harm the vehicle's owner,
159-17 the person disposes of the vehicle in a manner other than by
159-18 transfer to a third party; or
159-19 (4) the person does not disclose the location of the
159-20 vehicle on the request of the vehicle's owner, secured creditor,
159-21 lessor, or lienholder.
159-22 (c) For the purposes of Subsection (b)(2) <of this section>,
159-23 the actor is presumed to have intended to defraud or harm the motor
159-24 vehicle's owner if the actor does not take reasonable steps to
159-25 determine whether or not the third party is financially able to pay
159-26 for the vehicle.
159-27 (d) It is a defense to prosecution under Subsection (b)(1)
160-1 <of this section> that the entire indebtedness secured by or owed
160-2 under the security interest, lease, or lien is paid or satisfied in
160-3 full not later than the 30th day after the date that the transfer
160-4 was made.
160-5 (e) It is not a defense to prosecution under Subsection
160-6 (b)(1) <of this section> that the motor vehicle's owner has
160-7 violated a contract creating a security interest, lease, or lien in
160-8 the motor vehicle.
160-9 (f) An offense under Subsection (b)(1), (b)(2), or (b)(3)
160-10 <of this section> is:
160-11 (1) a state jail felony <of the third degree> if the
160-12 value of the motor vehicle is less than $20,000; or
160-13 (2) a felony of the third <second> degree if the value
160-14 of the motor vehicle is $20,000 or more.
160-15 (g) An offense under Subsection (b)(4) <of this section> is
160-16 a Class A misdemeanor.
160-17 Sec. 32.35 <32.37>. CREDIT CARD TRANSACTION RECORD
160-18 LAUNDERING. (a) In this section:
160-19 (1) "Agent" means a person authorized to act on behalf
160-20 of another and includes an employee.
160-21 (2) "Authorized vendor" means a person authorized by a
160-22 creditor to furnish property, service, or anything else of value
160-23 upon presentation of a credit card by a cardholder.
160-24 (3) "Cardholder" means the person named on the face of
160-25 a credit card to whom or for whose benefit the credit card is
160-26 issued, and includes the named person's agents.
160-27 (4) "Credit card" means an identification card, plate,
161-1 coupon, book, number, or any other device authorizing a designated
161-2 person or bearer to obtain property or services on credit. It
161-3 includes the number or description on the device if the device
161-4 itself is not produced at the time of ordering or obtaining the
161-5 property or service.
161-6 (5) "Creditor" means a person licensed under Chapter
161-7 3, Subtitle 2, Title 79, Revised Statutes (Article 5069-3.01 et
161-8 seq., Vernon's Texas Civil Statutes), a bank, savings and loan
161-9 association, credit union, or other regulated financial institution
161-10 that lends money or otherwise extends credit to a cardholder
161-11 through a credit card and that authorizes other persons to honor
161-12 the credit card.
161-13 (b) A person commits an offense if the person is an
161-14 authorized vendor who, with intent to defraud the creditor or
161-15 cardholder, presents to a creditor, for payment, a credit card
161-16 transaction record of a sale that was not made by the authorized
161-17 vendor or the vendor's agent.
161-18 (c) A person commits an offense if, without the creditor's
161-19 authorization, the person employs, solicits, or otherwise causes an
161-20 authorized vendor or the vendor's agent to present to a creditor,
161-21 for payment, a credit card transaction record of a sale that was
161-22 not made by the authorized vendor or the vendor's agent.
161-23 (d) It is presumed that a person is not the agent of an
161-24 authorized vendor if a fee is paid or offered to be paid by the
161-25 person to the authorized vendor in connection with the vendor's
161-26 presentment to a creditor of a credit card transaction record.
161-27 (e) An offense under this section is a:
162-1 (1) Class C misdemeanor if the amount of the record of
162-2 a sale is less than $20;
162-3 (2) Class B misdemeanor if the amount of the record of
162-4 a sale is $20 or more but less than $500;
162-5 (3) Class A misdemeanor if the amount of the record of
162-6 a sale is $500 or more but less than $1,500;
162-7 (4) state jail felony if the amount of the record of a
162-8 sale is $1,500 or more but less than $20,000;
162-9 (5) felony of the third degree if the amount of the
162-10 record of a sale is $20,000 or more but less than $100,000;
162-11 (6) felony of the second degree if the amount of the
162-12 record of a sale is $100,000 or more but less than $200,000; or
162-13 (7) felony of the first degree if the amount of the
162-14 record of a sale is $200,000 or more <Class A misdemeanor>.
162-15 (Sections 32.36 <32.38> to 32.40 reserved for expansion)
162-16 SUBCHAPTER D. OTHER DECEPTIVE PRACTICES
162-17 Sec. 32.41. Issuance of Bad Check. (a) A person commits an
162-18 offense if he issues or passes a check or similar sight order for
162-19 the payment of money knowing that the issuer does not have
162-20 sufficient funds in or on deposit with the bank or other drawee for
162-21 the payment in full of the check or order as well as all other
162-22 checks or orders outstanding at the time of issuance.
162-23 (b) This section does not prevent the prosecution from
162-24 establishing the required knowledge by direct evidence; however,
162-25 for purposes of this section, the issuer's knowledge of
162-26 insufficient funds is presumed (except in the case of a postdated
162-27 check or order) if:
163-1 (1) he had no account with the bank or other drawee at
163-2 the time he issued the check or order; or
163-3 (2) payment was refused by the bank or other drawee
163-4 for lack of funds or insufficient funds on presentation within 30
163-5 days after issue and the issuer failed to pay the holder in full
163-6 within 10 days after receiving notice of that refusal.
163-7 (c) Notice for purposes of Subsection (b)(2) <of this
163-8 section> may be notice in writing, sent by registered or certified
163-9 mail with return receipt requested or by telegram with report of
163-10 delivery requested, and addressed to the issuer at his address
163-11 shown on:
163-12 (1) the check or order;
163-13 (2) the records of the bank or other drawee; or
163-14 (3) the records of the person to whom the check or
163-15 order has been issued or passed.
163-16 (d) If notice is given in accordance with Subsection (c) <of
163-17 this section>, it is presumed that the notice was received no later
163-18 than five days after it was sent.
163-19 (e) A person charged with an offense under this section may
163-20 make restitution for the bad checks. Restitution shall be made
163-21 through the prosecutor's office if collection and processing were
163-22 initiated through that office. In other cases restitution may,
163-23 with the approval of the court in which the offense is filed, be
163-24 made through the court.
163-25 (f) An offense under this section is a Class C misdemeanor.
163-26 (g) An offense under this section is not a lesser included
163-27 offense of an offense under Section 31.03 or 31.04 <of this code>.
164-1 Sec. 32.42. Deceptive Business Practices. (a) For purposes
164-2 of this section:
164-3 (1) "Adulterated" means varying from the standard of
164-4 composition or quality prescribed by law or set by established
164-5 commercial usage.
164-6 (2) "Business" includes trade and commerce and
164-7 advertising, selling, and buying service or property.
164-8 (3) "Commodity" means any tangible or intangible
164-9 personal property.
164-10 (4) "Contest" includes sweepstake, puzzle, and game of
164-11 chance.
164-12 (5) "Deceptive sales contest" means a sales contest:
164-13 (A) that misrepresents the participant's chance
164-14 of winning a prize;
164-15 (B) that fails to disclose to participants on a
164-16 conspicuously displayed permanent poster (if the contest is
164-17 conducted by or through a retail outlet) or on each card game
164-18 piece, entry blank, or other paraphernalia required for
164-19 participation in the contest (if the contest is not conducted by or
164-20 through a retail outlet):
164-21 (i) the geographical area or number of
164-22 outlets in which the contest is to be conducted;
164-23 (ii) an accurate description of each type
164-24 of prize;
164-25 (iii) the minimum number and minimum
164-26 amount of cash prizes; and
164-27 (iv) the minimum number of each other type
165-1 of prize; or
165-2 (C) that is manipulated or rigged so that prizes
165-3 are given to predetermined persons or retail establishments. A
165-4 sales contest is not deceptive if the total value of prizes to each
165-5 retail outlet is in a uniform ratio to the number of game pieces
165-6 distributed to that outlet.
165-7 (6) "Mislabeled" means varying from the standard of
165-8 truth or disclosure in labeling prescribed by law or set by
165-9 established commercial usage.
165-10 (7) "Prize" includes gift, discount, coupon,
165-11 certificate, gratuity, and any other thing of value awarded in a
165-12 sales contest.
165-13 (8) "Sales contest" means a contest in connection with
165-14 the sale of a commodity or service by which a person may, as
165-15 determined by drawing, guessing, matching, or chance, receive a
165-16 prize and which is not regulated by the rules of a federal
165-17 regulatory agency.
165-18 (9) "Sell" and "sale" include offer for sale,
165-19 advertise for sale, expose for sale, keep for the purpose of sale,
165-20 deliver for or after sale, solicit and offer to buy, and every
165-21 disposition for value.
165-22 (b) A person commits an offense if in the course of business
165-23 he intentionally, knowingly, recklessly, or with criminal
165-24 negligence commits one or more of the following deceptive business
165-25 practices:
165-26 (1) using, selling, or possessing for use or sale a
165-27 false weight or measure, or any other device for falsely
166-1 determining or recording any quality or quantity;
166-2 (2) selling less than the represented quantity of a
166-3 property or service;
166-4 (3) taking more than the represented quantity of
166-5 property or service when as a buyer the actor furnishes the weight
166-6 or measure;
166-7 (4) selling an adulterated or mislabeled commodity;
166-8 (5) passing off property or service as that of
166-9 another;
166-10 (6) representing that a commodity is original or new
166-11 if it is deteriorated, altered, rebuilt, reconditioned, reclaimed,
166-12 used, or secondhand;
166-13 (7) representing that a commodity or service is of a
166-14 particular style, grade, or model if it is of another;
166-15 (8) advertising property or service with intent:
166-16 (A) not to sell it as advertised, or
166-17 (B) not to supply reasonably expectable public
166-18 demand, unless the advertising adequately discloses a time or
166-19 quantity limit;
166-20 (9) representing the price of property or service
166-21 falsely or in a way tending to mislead;
166-22 (10) making a materially false or misleading statement
166-23 of fact concerning the reason for, existence of, or amount of a
166-24 price or price reduction;
166-25 (11) conducting a deceptive sales contest; or
166-26 (12) making a materially false or misleading
166-27 statement:
167-1 (A) in an advertisement for the purchase or sale
167-2 of property or service; or
167-3 (B) otherwise in connection with the purchase or
167-4 sale of property or service.
167-5 (c) An offense under Subsections (b)(1), (b)(2), (b)(3),
167-6 (b)(4), (b)(5), and (b)(6) <of this section> is:
167-7 (1) a Class C misdemeanor if the actor commits an
167-8 offense with criminal negligence and if he has not previously been
167-9 convicted of a deceptive business practice; or
167-10 (2) a Class A misdemeanor if the actor commits an
167-11 offense intentionally, knowingly, recklessly or if he has been
167-12 previously convicted of a Class B or C misdemeanor under this
167-13 section.
167-14 (d) An offense under Subsections (b)(7), (b)(8), (b)(9),
167-15 (b)(10), (b)(11), and (b)(12) is a Class A misdemeanor.
167-16 Sec. 32.43. Commercial Bribery. (a) For purposes of this
167-17 section:
167-18 (1) "Beneficiary" means a person for whom a fiduciary
167-19 is acting.
167-20 (2) "Fiduciary" means:
167-21 (A) an agent or employee;
167-22 (B) a trustee, guardian, custodian,
167-23 administrator, executor, conservator, receiver, or similar
167-24 fiduciary;
167-25 (C) a lawyer, physician, accountant, appraiser,
167-26 or other professional advisor; or
167-27 (D) an officer, director, partner, manager, or
168-1 other participant in the direction of the affairs of a corporation
168-2 or association.
168-3 (b) A person who is a fiduciary commits an offense if,
168-4 without the consent of his beneficiary, he intentionally or
168-5 knowingly solicits, accepts, or agrees to accept any benefit from
168-6 another person on agreement or understanding that the benefit will
168-7 influence the conduct of the fiduciary in relation to the affairs
168-8 of his beneficiary.
168-9 (c) A person commits an offense if he offers, confers, or
168-10 agrees to confer any benefit the acceptance of which is an offense
168-11 under Subsection (b) <of this section>.
168-12 (d) An offense under this section is a state jail felony <of
168-13 the third degree>.
168-14 (e) In lieu of a fine that is authorized by Subsection (d)
168-15 <of this section>, and in addition to the imprisonment that is
168-16 authorized by that subsection, if the court finds that an
168-17 individual who is a fiduciary gained a benefit through the
168-18 commission of an offense under Subsection (b) <of this section>,
168-19 the court may sentence the individual to pay a fine in an amount
168-20 fixed by the court, not to exceed double the value of the benefit
168-21 gained. This subsection does not affect the application of Section
168-22 12.51(c) <of this code> to an offense under this section committed
168-23 by a corporation or association.
168-24 Sec. 32.44. Rigging Publicly Exhibited Contest. (a) A
168-25 person commits an offense if, with intent to affect the outcome
168-26 (including the score) of a publicly exhibited contest:
168-27 (1) he offers, confers, or agrees to confer any
169-1 benefit on, or threatens harm to:
169-2 (A) a participant in the contest to induce him
169-3 not to use his best efforts; or
169-4 (B) an official or other person associated with
169-5 the contest; or
169-6 (2) he tampers with a person, animal, or thing in a
169-7 manner contrary to the rules of the contest.
169-8 (b) A person commits an offense if he intentionally or
169-9 knowingly solicits, accepts, or agrees to accept any benefit the
169-10 conferring of which is an offense under Subsection (a) <of this
169-11 section>.
169-12 (c) An <Except as provided in Subsection (d) of this
169-13 section, an> offense under this section is a Class A misdemeanor.
169-14 <(d) An offense under this section is a felony of the third
169-15 degree if the actor's conduct is in connection with betting or
169-16 wagering on the contest.>
169-17 Sec. 32.441. Illegal Recruitment of an Athlete. (a) A
169-18 person commits an offense if, without the consent of the governing
169-19 body or a designee of the governing body of an institution of
169-20 higher education, the person intentionally or knowingly solicits,
169-21 accepts, or agrees to accept any benefit from another on an
169-22 agreement or understanding that the benefit will influence the
169-23 conduct of the person in enrolling in the institution and
169-24 participating in intercollegiate athletics.
169-25 (b) A person commits an offense if he offers, confers, or
169-26 agrees to confer any benefit the acceptance of which is an offense
169-27 under Subsection (a) <of this section>.
170-1 (c) It is an exception to prosecution under this section
170-2 that the person offering, conferring, or agreeing to confer a
170-3 benefit and the person soliciting, accepting, or agreeing to accept
170-4 a benefit are related within the second degree of consanguinity or
170-5 affinity, as determined under Article 5996h, Revised Statutes.
170-6 (d) It is an exception to prosecution under Subsection (a)
170-7 <of this section> that, not later than the 60th day after the date
170-8 the person accepted or agreed to accept a benefit, the person
170-9 contacted a law enforcement agency and furnished testimony or
170-10 evidence about the offense.
170-11 (e) An offense under <Subsection (a) of> this section is a:
170-12 (1) Class C misdemeanor if the value of the benefit is
170-13 less than $20;
170-14 (2) Class B misdemeanor if the value of the benefit is
170-15 $20 or more but less than $500;
170-16 (3) Class A misdemeanor if the value of the benefit is
170-17 $500 or more but less than $1,500;
170-18 (4) state jail felony if the value of the benefit is
170-19 $1,500 or more but less than $20,000;
170-20 (5) felony of the third degree if the value of the
170-21 benefit is $20,000 or more but less than $100,000;
170-22 (6) felony of the second degree if the value of the
170-23 benefit is $100,000 or more but less than $200,000; or
170-24 (7) felony of the first degree if the value of the
170-25 benefit is $200,000 or more <Class A misdemeanor. An offense under
170-26 Subsection (b) of this section is a felony of the third degree>.
170-27 Sec. 32.45. Misapplication of Fiduciary Property or Property
171-1 of Financial Institution. (a) For purposes of this section:
171-2 (1) "Fiduciary" includes:
171-3 (A) trustee, guardian, administrator, executor,
171-4 conservator, and receiver;
171-5 (B) any other person acting in a fiduciary
171-6 capacity, but not a commercial bailee; and
171-7 (C) an officer, manager, employee, or agent
171-8 carrying on fiduciary functions on behalf of a fiduciary.
171-9 (2) "Misapply" means deal with property contrary to:
171-10 (A) an agreement under which the fiduciary holds
171-11 the property; or
171-12 (B) a law prescribing the custody or disposition
171-13 of the property.
171-14 (b) A person commits an offense if he intentionally,
171-15 knowingly, or recklessly misapplies property he holds as a
171-16 fiduciary or property of a financial institution in a manner that
171-17 involves substantial risk of loss to the owner of the property or
171-18 to a person for whose benefit the property is held.
171-19 (c) An offense under this section is:
171-20 (1) a Class C misdemeanor if the value of the property
171-21 misapplied is less than $20;
171-22 (2) a Class B misdemeanor if the value of the property
171-23 misapplied is $20 or more but less than $500;
171-24 (3) a Class A misdemeanor if the value of the property
171-25 misapplied is $500 or more but less than $1,500 <$200>;
171-26 (4) <(2)> a state jail felony <of the third degree> if
171-27 the value of the property misapplied is $1,500 <$200> or more but
172-1 less than $20,000 <$10,000>;
172-2 (5) <(3)> a felony of the third <second> degree if the
172-3 value of the property misapplied is $20,000 <$10,000> or more but
172-4 less than $100,000; <or>
172-5 (6) <(4)> a felony of the second <first> degree if the
172-6 value of the property misapplied is $100,000 or more but less than
172-7 $200,000; or
172-8 (7) a felony of the first degree if the value of the
172-9 property misapplied is $200,000 or more.
172-10 Sec. 32.46. Securing Execution of Document by Deception.
172-11 (a) A person commits an offense if, with intent to defraud or harm
172-12 any person, he, by deception, causes another to sign or execute any
172-13 document affecting property or service or the pecuniary interest of
172-14 any person.
172-15 (b) An offense under this section is a:
172-16 (1) Class C misdemeanor if the value of the property,
172-17 service, or pecuniary interest is less than $20;
172-18 (2) Class B misdemeanor if the value of the property,
172-19 service, or pecuniary interest is $20 or more but less than $500;
172-20 (3) Class A misdemeanor if the value of the property,
172-21 service, or pecuniary interest is $500 or more but less than
172-22 $1,500;
172-23 (4) state jail felony if the value of the property,
172-24 service, or pecuniary interest is $1,500 or more but less than
172-25 $20,000;
172-26 (5) felony of the third degree if the value of the
172-27 property, service, or pecuniary interest is $20,000 or more but
173-1 less than $100,000;
173-2 (6) felony of the second degree if the value of the
173-3 property, service, or pecuniary interest is $100,000 or more but
173-4 less than $200,000; or
173-5 (7) felony of the first degree if the value of the
173-6 property, service, or pecuniary interest is $200,000 or more
173-7 <felony of the third degree>.
173-8 Sec. 32.47. Fraudulent Destruction, Removal, or Concealment
173-9 of Writing. (a) A person commits an offense if, with intent to
173-10 defraud or harm another, he destroys, removes, conceals, alters,
173-11 substitutes, or otherwise impairs the verity, legibility, or
173-12 availability of a writing, other than a governmental record.
173-13 (b) For purposes of this section, "writing" includes:
173-14 (1) printing or any other method of recording
173-15 information;
173-16 (2) money, coins, tokens, stamps, seals, credit cards,
173-17 badges, trademarks;
173-18 (3) symbols of value, right, privilege, or
173-19 identification; and
173-20 (4) labels, price tags, or markings on goods.
173-21 (c) Except as provided in Subsection (d) <of this section>,
173-22 an offense under this section is a Class A misdemeanor.
173-23 (d) An offense under this section is a state jail felony <of
173-24 the third degree> if the writing:
173-25 (1) is a will or codicil of another, whether or not
173-26 the maker is alive or dead and whether or not it has been admitted
173-27 to probate; or
174-1 (2) is a deed, mortgage, deed of trust, security
174-2 instrument, security agreement, or other writing for which the law
174-3 provides public recording or filing, whether or not the writing has
174-4 been acknowledged.
174-5 Sec. 32.48. Endless Chain Scheme. (a) For the purposes of
174-6 this section:
174-7 (1) "Endless chain" means any scheme for the disposal
174-8 or distribution of property whereby a participant pays a valuable
174-9 consideration for the chance to receive compensation for
174-10 introducing one or more additional persons into participation in
174-11 the scheme or for the chance to receive compensation when a person
174-12 introduced by the participant introduces a new participant.
174-13 (2) "Compensation" does not mean or include payment
174-14 based on sales made to persons who are not participants in the
174-15 scheme and who are not purchasing in order to participate in the
174-16 scheme.
174-17 (b) A person commits an offense if he contrives, prepares,
174-18 sets up, proposes, operates, promotes, or participates in an
174-19 endless chain.
174-20 (c) An offense under this section is a Class B misdemeanor.
174-21 <Sec. 32.49. ISSUANCE OF CHECKS PRINTED ON RED PAPER.
174-22 (a) A person commits an offense if he issues a check or similar
174-23 sight order for payment of money printed on dark red or other
174-24 colored paper that prevents reproduction of an image of the order
174-25 by microfilming or other similar reproduction equipment, knowing
174-26 that the colored paper prevents reproduction.>
174-27 <(b) An offense under this section is a Class A misdemeanor.>
175-1 <Sec. 32.50. ><Debit Card Abuse><. (a) For purposes of this
175-2 section:>
175-3 <(1) "Cardholder" means the person named on the face
175-4 of a debit card to whom or for whose benefit the card is issued.>
175-5 <(2) "Debit card" means an identification card, plate,
175-6 coupon, book, number, or any other device authorizing a designated
175-7 person or bearer to communicate a request to an unmanned teller
175-8 machine or a customer convenience terminal. It includes the number
175-9 or description of the device if the device itself is not produced
175-10 at the time of ordering or obtaining the benefit.>
175-11 <(3) "Expired debit card" means a card bearing as its
175-12 expiration date a date that has passed.>
175-13 <(4) "Unmanned teller machine" means a machine, other
175-14 than a telephone, capable of being operated solely by a customer,
175-15 by which a customer may communicate to a financial institution a
175-16 request to withdraw a benefit for himself or for another directly
175-17 from the customer's account or from the customer's account pursuant
175-18 to a line of credit previously authorized by the institution for
175-19 the customer.>
175-20 <(5) "Customer convenience terminal" means a device
175-21 which is a particular kind of unmanned teller machine (i.e., the
175-22 use of which does not involve personnel of a financial
175-23 institution).>
175-24 <(b) A person commits an offense if:>
175-25 <(1) with intent to obtain a benefit for himself or
175-26 for another fraudulently, he intentionally or knowingly presents or
175-27 uses a debit card with knowledge that:>
176-1 <(A) the card, whether or not expired, has not
176-2 been issued to him and is not used with the effective consent of
176-3 the cardholder; or>
176-4 <(B) the card has expired or has been revoked or
176-5 canceled;>
176-6 <(2) with intent to obtain a benefit for himself or
176-7 for another, he intentionally or knowingly uses a fictitious debit
176-8 card or the pretended number or description of a fictitious card;>
176-9 <(3) he intentionally or knowingly receives a benefit
176-10 for himself or for another that he knows has been obtained in
176-11 violation of this section;>
176-12 <(4) he steals a debit card or, with knowledge that it
176-13 has been stolen, receives a card with intent to use it, to sell it,
176-14 or to transfer it to a person other than the issuer or the
176-15 cardholder;>
176-16 <(5) he buys a debit card from a person who he knows
176-17 is not the issuer;>
176-18 <(6) not being the issuer, he sells a debit card;>
176-19 <(7) not being the cardholder, and without the
176-20 effective consent of the cardholder, he signs or writes his name or
176-21 the name of another on a debit card with intent to use it; or>
176-22 <(8) he possesses two or more incomplete debit cards
176-23 that have not been issued to him with intent to complete them
176-24 without the effective consent of the issuer. For purposes of this
176-25 subdivision, a card is incomplete if part of the matter that an
176-26 issuer requires to appear on the card before it can be used (other
176-27 than the signature of the cardholder) has not yet been stamped,
177-1 embossed, imprinted, or written on it.>
177-2 <(c) It is presumed that a person who used a revoked,
177-3 canceled, or expired debit card had knowledge that the card had
177-4 been revoked, canceled, or expired if he had received notice of
177-5 revocation, cancellation, or expiration from the issuer. For
177-6 purposes of this section, notice may be either notice given orally
177-7 in person or by telephone, or in writing by mail or by telegram.
177-8 If written notice was sent by registered or certified mail with
177-9 return receipt requested, or by telegram with report of delivery
177-10 requested, addressed to the cardholder at the last address shown by
177-11 the records of the issuer, it is presumed that the notice was
177-12 received by the cardholder no later than five days after sent.>
177-13 <(d) An offense under this section is a felony of the third
177-14 degree.>
177-15 <Sec. 32.51. ><Penalty for Fraudulently Obtaining or Denying
177-16 Workers' Compensation Benefits><. (a) A person commits an offense
177-17 if the person, with intent to obtain or deny payments of workers'
177-18 compensation benefits under the workers' compensation laws of this
177-19 state for himself or another, knowingly or intentionally:>
177-20 <(1) makes a false or misleading statement;>
177-21 <(2) misrepresents or conceals a material fact; or>
177-22 <(3) fabricates, alters, conceals, or destroys a
177-23 document other than a governmental record.>
177-24 <(b) A person commits an offense if the person receives
177-25 workers' compensation benefits that the person knows he is not
177-26 legally entitled to receive.>
177-27 <(c) An offense under Subsection (a) of this section is a
178-1 Class A misdemeanor. An offense under Subsection (b) of this
178-2 section is:>
178-3 <(1) a Class A misdemeanor if the value of the
178-4 benefits received is less than $750;>
178-5 <(2) a felony of the third degree if the value of the
178-6 benefits received is $750 or more but less than $10,000; and>
178-7 <(3) a felony of the second degree if the value of the
178-8 benefits received is $10,000 or more.>
178-9 <Sec. 32.52. ><Fraudulent Statement to Financial Institution><.
178-10 (a) A person commits an offense if, with intent to defraud or harm
178-11 a financial institution, he knowingly makes a materially false or
178-12 misleading written statement to obtain or in an attempt to obtain
178-13 moneys, accounts, funds, credits, assets, securities, or other
178-14 property owned by, or under the custody or control of, a financial
178-15 institution.>
178-16 <(b) An offense under this section is a Class A misdemeanor.>
178-17 <Sec. 32.53. TAXICAB FARES. (a) A person who operates a
178-18 taxicab commits an offense if the person intentionally extends the
178-19 distance or time for a trip beyond the distance or time necessary
178-20 for the trip for the purpose of increasing the fare for the trip.>
178-21 <(b) An offense under this section is a Class B misdemeanor.>
178-22 <Sec. 32.54. PENALTY FOR FRAUDULENTLY OBTAINING WORKERS'
178-23 COMPENSATION INSURANCE COVERAGE. (a) A person commits an offense
178-24 if the person, with intent to obtain workers' compensation
178-25 insurance coverage for himself or another under the workers'
178-26 compensation insurance laws of this state, knowingly or
178-27 intentionally:>
179-1 <(1) makes a false statement;>
179-2 <(2) misrepresents or conceals a material fact; or>
179-3 <(3) makes a false entry in, fabricates, alters,
179-4 conceals, or destroys a document other than a governmental record.>
179-5 <(b) An offense under Subsection (a) of this section is a
179-6 felony of the third degree.>
179-7 <(c) The court may order a person to pay restitution to an
179-8 insurance company, the Texas workers' compensation insurance
179-9 facility, or the Texas Workers' Compensation Insurance Fund if the
179-10 person commits an offense under this section.>
179-11 <SUBCHAPTER E. SAVINGS AND LOAN ASSOCIATIONS>
179-12 <Sec. 32.71. EMBEZZLEMENT; UNAUTHORIZED ISSUANCE; FALSE
179-13 ENTRY. (a) An officer, director, member of any committee, clerk,
179-14 or agent of any savings and loan association in this state commits
179-15 an offense if the person embezzles, abstracts, or misapplies money,
179-16 funds, or credits of the association, issues or puts into
179-17 circulation any warrant or other order without proper authority,
179-18 issues, assigns, transfers, cancels, or delivers up any note, bond,
179-19 draft, mortgage, judgment, decree, or other written instrument
179-20 belonging to the association, certifies to or makes a false entry
179-21 in any book, report, or statement of or to the association, with
179-22 intent to deceive, injure, or defraud the association or a member
179-23 of the association for the purpose of inducing any person to become
179-24 a member of the association or to deceive anyone appointed to
179-25 examine the affairs of the association.>
179-26 <(b) A person commits an offense if the person, with intent
179-27 to deceive, injure, or defraud, aids or abets any officer, member
180-1 of any committee, or other person in committing any of the acts
180-2 prohibited under Subsection (a).>
180-3 <(c) An offense under this section is a felony punishable by
180-4 imprisonment for not less than one year or more than 10 years.>
180-5 <Sec. 32.72. FALSE INFORMATION; SUPPRESSING EVIDENCE.
180-6 (a) Any person commits an offense if the person for the purpose of
180-7 influencing the actions of an association or its employees, agents,
180-8 or representatives or for the purpose of influencing the actions of
180-9 The Finance Commission of Texas, the savings and loan commissioner,
180-10 or employees, agents, or representatives of the Savings and Loan
180-11 Department of Texas, knowingly:>
180-12 <(1) removes, mutilates, destroys, or conceals a
180-13 paper, book, or record of a savings and loan association or of the
180-14 savings and loan commissioner or the Savings and Loan Department of
180-15 Texas for the purpose of concealing a fact or suppressing evidence;>
180-16 <(2) makes, passes, alters, or publishes a false,
180-17 counterfeit, or forged instrument, paper, document, statement, or
180-18 report to a savings and loan association or to the savings and loan
180-19 commissioner or the Savings and Loan Department of Texas; or>
180-20 <(3) substantially overvalues land, property,
180-21 security, an asset, or income in connection with a transaction with
180-22 a savings and loan association without substantiation,
180-23 justification, or supporting documentation generally accepted by
180-24 appraisal standards.>
180-25 <(b) An offense under this section is a felony punishable by
180-26 a fine of not more than $100,000, imprisonment for not more than 10
180-27 years, or both.>
181-1 CHAPTER 33. COMPUTER CRIMES
181-2 Sec. 33.01. Definitions. In this chapter:
181-3 (1) "Access" means to approach, instruct, communicate
181-4 with, store data in, retrieve or intercept data from, alter data or
181-5 computer software in, or otherwise make use of any resource of a
181-6 computer, computer system, or computer network.
181-7 (2) "Communications common carrier" means a person who
181-8 owns or operates a telephone system in this state that includes
181-9 equipment or facilities for the conveyance, transmission, or
181-10 reception of communications and who receives compensation from
181-11 persons who use that system.
181-12 (3) <(2)> "Computer" means an electronic, magnetic,
181-13 optical, electrochemical, or other high-speed data processing
181-14 device that performs logical, arithmetic, or memory functions by
181-15 the manipulations of electronic or magnetic impulses and includes
181-16 all input, output, processing, storage, or communication facilities
181-17 that are connected or related to the device.
181-18 (4) <(3)> "Computer network" means the interconnection
181-19 of two or more computers or computer systems by satellite,
181-20 microwave, line, or other communication medium with the capability
181-21 to transmit information among the computers.
181-22 (5) <(4)> "Computer program" means an ordered set of
181-23 data representing coded instructions or statements that when
181-24 executed by a computer cause the computer to process data or
181-25 perform specific functions.
181-26 (6) <(5)> "Computer security system" means the design,
181-27 procedures, or other measures that the person responsible for the
182-1 operation and use of a computer employs to restrict the use of the
182-2 computer to particular persons or uses or that the owner or
182-3 licensee of data stored or maintained by a computer in which the
182-4 owner or licensee is entitled to store or maintain the data employs
182-5 to restrict access to the data.
182-6 (7) <(6)> "Computer services" means the product of the
182-7 use of a computer, the information stored in the computer, or the
182-8 personnel supporting the computer, including computer time, data
182-9 processing, and storage functions.
182-10 (8) <(7)> "Computer system" means any combination of a
182-11 computer or computer network <computers> with the documentation,
182-12 computer software, or physical facilities supporting the computer
182-13 or computer network.
182-14 (9) <(8)> "Computer software" means a set of computer
182-15 programs, procedures, and associated documentation related to the
182-16 operation of a computer, computer system, or computer network.
182-17 (10) <(9)> "Computer virus" means an unwanted computer
182-18 program or other set of instructions inserted into a computer's
182-19 memory, operating system, or program that is specifically
182-20 constructed with the ability to replicate itself or <and> to affect
182-21 the other programs or files in the computer by attaching a copy of
182-22 the unwanted program or other set of instructions to one or more
182-23 computer programs or files.
182-24 <(10) "Damage" includes partial or total alteration,
182-25 damage, or erasure of stored data, or interruption of computer
182-26 services.>
182-27 (11) "Data" means a representation of information,
183-1 knowledge, facts, concepts, or instructions that is being prepared
183-2 or has been prepared in a formalized manner and is intended to be
183-3 stored or processed, is being stored or processed, or has been
183-4 stored or processed in a computer. Data may be embodied in any
183-5 form, including but not limited to computer printouts, magnetic
183-6 storage media, laser storage media, and punchcards, or may be
183-7 stored internally in the memory of the computer.
183-8 (12) "Effective consent" includes consent by a person
183-9 legally authorized to act for the owner. Consent is not effective
183-10 if:
183-11 (A) induced by deception, as defined by Section
183-12 31.01, or induced by coercion;
183-13 (B) given by a person the actor knows is not
183-14 legally authorized to act for the owner;
183-15 (C) given by a person who by reason of youth,
183-16 mental disease or defect, or intoxication is known by the actor to
183-17 be unable to make reasonable property dispositions;
183-18 (D) given solely to detect the commission of an
183-19 offense; or
183-20 (E) used for a purpose other than that for which
183-21 the consent was given.
183-22 (13) <(12)> "Electric utility" has the meaning
183-23 assigned by Subsection (c), Section 3, Public Utility Regulatory
183-24 Act (Article 1446c, Vernon's Texas Civil Statutes).
183-25 (14) "Harm" includes partial or total alteration,
183-26 damage, or erasure of stored data, interruption of computer
183-27 services, introduction of a computer virus, or any other loss,
184-1 disadvantage, or injury that might reasonably be suffered as a
184-2 result of the actor's conduct.
184-3 (15) "Owner" means a person who:
184-4 (A) has title to the property, possession of the
184-5 property, whether lawful or not, or a greater right to possession
184-6 of the property than the actor;
184-7 (B) has the right to restrict access to the
184-8 property; or
184-9 (C) is the licensee of data or computer
184-10 software.
184-11 (16) "Property" means:
184-12 (A) tangible or intangible personal property
184-13 including a computer, computer system, computer network, computer
184-14 software, or data; or
184-15 (B) the use of a computer, computer system,
184-16 computer network, computer software, or data.
184-17 Sec. 33.02. Breach of Computer Security. (a) A person
184-18 commits an offense if the person knowingly accesses a computer,
184-19 computer network, or computer system<:>
184-20 <(1) uses a computer without the effective consent of
184-21 the owner of the computer or a person authorized to license access
184-22 to the computer and the actor knows that there exists a computer
184-23 security system intended to prevent him from making that use of the
184-24 computer; or>
184-25 <(2) gains access to data stored or maintained by a
184-26 computer> without the effective consent of the owner <or licensee
184-27 of the data and the actor knows that there exists a computer
185-1 security system intended to prevent him from gaining access to that
185-2 data>.
185-3 (b) A person commits an offense if the person intentionally
185-4 or knowingly gives a password, identifying code, personal
185-5 identification number, debit card number, bank account number, or
185-6 other confidential information about a computer security system to
185-7 another person without the effective consent of the person
185-8 employing the computer security system to restrict <the use of a
185-9 computer or to restrict> access to a computer, computer network,
185-10 computer system, or data <stored or maintained by a computer>.
185-11 (c) An offense under this section is a Class A misdemeanor
185-12 unless the actor's intent is to obtain a benefit or defraud or harm
185-13 another, in which event the offense is:
185-14 (1) a state jail felony if the value of the benefit or
185-15 the amount of the loss or harm is less than $20,000; or
185-16 (2) a felony of the third degree if the value of the
185-17 benefit or the amount of the loss or harm is $20,000 or more.
185-18 (d) A person who is subject to prosecution under this
185-19 section and any other section of this code may be prosecuted under
185-20 either or both sections.
185-21 Sec. 33.03. <HARMFUL ACCESS. (a) A person commits an
185-22 offense if the person intentionally or knowingly and without
185-23 authorization from the owner of the computer or a person authorized
185-24 to license access to the computer:>
185-25 <(1) damages, alters, or destroys a computer, computer
185-26 program or software, computer system, data, or computer network;>
185-27 <(2) causes a computer to interrupt or impair a
186-1 government operation, public communication, public transportation,
186-2 or public service providing water or gas;>
186-3 <(3) uses a computer to:>
186-4 <(A) tamper with government, medical, or
186-5 educational records; or>
186-6 <(B) receive or use records that were not
186-7 intended for public dissemination to gain an advantage over
186-8 business competitors;>
186-9 <(4) obtains information from or introduces false
186-10 information into a computer system to damage or enhance the data or
186-11 credit records of a person;>
186-12 <(5) causes a computer to remove, alter, erase, or
186-13 copy a negotiable instrument; or>
186-14 <(6) inserts or introduces a computer virus into a
186-15 computer program, computer network, or computer system.>
186-16 <(b) An offense under this section is a:>
186-17 <(1) felony of the second degree if the value of the
186-18 loss or damage caused by the conduct is $20,000 or more;>
186-19 <(2) felony of the third degree if the value of the
186-20 loss or damage caused by the conduct is $750 or more but less than
186-21 $20,000; or>
186-22 <(3) Class A misdemeanor if the value of the loss or
186-23 damage caused by the conduct is $200 or more but less than $750.>
186-24 <Sec. 33.04.> Defenses. It is an affirmative defense to
186-25 prosecution under Section <Sections> 33.02 <and 33.03 of this code>
186-26 that the actor was an officer, employee, or agent of a
186-27 communications common carrier or electric utility and committed the
187-1 proscribed act or acts in the course of employment while engaged in
187-2 an activity that is a necessary incident to the rendition of
187-3 service or to the protection of the rights or property of the
187-4 communications common carrier or electric utility.
187-5 Sec. 33.04 <33.05>. Assistance by Attorney General. The
187-6 attorney general, if requested to do so by a prosecuting attorney,
187-7 may assist the prosecuting attorney in the investigation or
187-8 prosecution of an offense under this chapter or of any other
187-9 offense involving the use of a computer.
187-10 TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
187-11 CHAPTER 36. BRIBERY AND CORRUPT INFLUENCE
187-12 Sec. 36.01. Definitions. In this chapter:
187-13 (1) <"Coercion" means a threat, however communicated:>
187-14 <(A) to commit any offense;>
187-15 <(B) to inflict bodily injury on the person
187-16 threatened or another;>
187-17 <(C) to accuse any person of any offense;>
187-18 <(D) to expose any person to hatred, contempt,
187-19 or ridicule;>
187-20 <(E) to harm the credit, business repute, or
187-21 pecuniary interest of any person; or>
187-22 <(F) to unlawfully take or withhold action as a
187-23 public servant, or to cause a public servant to unlawfully take or
187-24 withhold action.>
187-25 <(2)> "Custody" means:
187-26 (A) detained or under arrest by a peace officer;
187-27 or
188-1 (B) under restraint by a public servant pursuant
188-2 to an order of a court.
188-3 <(3) "Official proceeding" means any type of
188-4 administrative, executive, legislative, or judicial proceeding that
188-5 may be conducted before a public servant authorized by law to take
188-6 statements under oath.>
188-7 (2) <(4)> "Party official" means a person who holds
188-8 any position or office in a political party, whether by election,
188-9 appointment, or employment.
188-10 (3) <(5)> "Benefit" means anything reasonably regarded
188-11 as pecuniary gain or pecuniary advantage, including benefit to any
188-12 other person in whose welfare the beneficiary has a direct and
188-13 substantial interest.
188-14 (4) <(6)> "Vote" means to cast a ballot in an election
188-15 regulated by law.
188-16 Sec. 36.02. Bribery. (a) A person commits an offense if he
188-17 intentionally or knowingly offers, confers, or agrees to confer on
188-18 another, or solicits, accepts, or agrees to accept from another:
188-19 (1) any benefit as consideration for the recipient's
188-20 decision, opinion, recommendation, vote, or other exercise of
188-21 discretion as a public servant, party official, or voter;
188-22 (2) any benefit as consideration for the recipient's
188-23 decision, vote, recommendation, or other exercise of official
188-24 discretion in a judicial or administrative proceeding;
188-25 (3) any benefit as consideration for a violation of a
188-26 duty imposed by law on a public servant or party official; or
188-27 (4) any benefit that is a political contribution as
189-1 defined by Title 15, Election Code, or that is an expenditure made
189-2 and reported in accordance with Chapter 305, Government Code, if
189-3 the benefit was offered, conferred, solicited, accepted, or agreed
189-4 to pursuant to an express agreement to take or withhold a specific
189-5 exercise of official discretion if such exercise of official
189-6 discretion would not have been taken or withheld but for the
189-7 benefit; notwithstanding any rule of evidence or jury instruction
189-8 allowing factual inferences in the absence of certain evidence,
189-9 direct evidence of the express agreement shall be required in any
189-10 prosecution under this subdivision.
189-11 (b) It is no defense to prosecution under this section that
189-12 a person whom the actor sought to influence was not qualified to
189-13 act in the desired way whether because he had not yet assumed
189-14 office or he lacked jurisdiction or for any other reason.
189-15 (c) It is no defense to prosecution under this section that
189-16 the benefit is not offered or conferred or that the benefit is not
189-17 solicited or accepted until after:
189-18 (1) the decision, opinion, recommendation, vote, or
189-19 other exercise of discretion has occurred; or
189-20 (2) the public servant ceases to be a public servant.
189-21 (d) It is an exception to the application of Subdivisions
189-22 (1), (2), and (3) of Subsection (a) <of this section> that the
189-23 benefit is a political contribution <accepted> as defined by Title
189-24 15, Election Code, or an expenditure made and reported in
189-25 accordance with Chapter 305, Government Code.
189-26 (e) An offense under this section is a felony of the second
189-27 degree.
190-1 Sec. 36.03. Coercion of Public Servant or Voter. (a) A
190-2 person commits an offense if by means of coercion he:
190-3 (1) influences or attempts to influence a public
190-4 servant in a specific exercise of his official power or a specific
190-5 performance of his official duty or influences or attempts to
190-6 influence a public servant to violate the public servant's known
190-7 legal duty; or
190-8 (2) influences or attempts to influence a voter not to
190-9 vote or to vote in a particular manner.
190-10 (b) An offense under this section is a Class A misdemeanor
190-11 unless the coercion is a threat to commit a felony, in which event
190-12 it is a felony of the third degree.
190-13 (c) It is an exception to the application of Subsection
190-14 (a)(1) of this section that the person who influences or attempts
190-15 to influence the public servant is a member of the governing body
190-16 of a governmental entity, and that the action that influences or
190-17 attempts to influence the public servant is an official action
190-18 taken by the member of the governing body. For the purposes of
190-19 this subsection, the term "official action" includes deliberations
190-20 by the governing body of a governmental entity.
190-21 Sec. 36.04. Improper Influence. (a) A person commits an
190-22 offense if he privately addresses a representation, entreaty,
190-23 argument, or other communication to any public servant who
190-24 exercises or will exercise official discretion in an adjudicatory
190-25 proceeding with an intent to influence the outcome of the
190-26 proceeding on the basis of considerations other than those
190-27 authorized by law.
191-1 (b) For purposes of this section, "adjudicatory proceeding"
191-2 means any proceeding before a court or any other agency of
191-3 government in which the legal rights, powers, duties, or privileges
191-4 of specified parties are determined.
191-5 (c) An offense under this section is a Class A misdemeanor.
191-6 Sec. 36.05. Tampering with Witness. (a) A person commits
191-7 an offense if, with intent to influence the witness, he offers,
191-8 confers, or agrees to confer any benefit on a witness or
191-9 prospective witness in an official proceeding or coerces a witness
191-10 or prospective witness in an official proceeding:
191-11 (1) to testify falsely;
191-12 (2) to withhold any testimony, information, document,
191-13 or thing;
191-14 (3) to elude legal process summoning him to testify or
191-15 supply evidence; <or>
191-16 (4) to absent himself from an official proceeding to
191-17 which he has been legally summoned; or
191-18 (5) to abstain from, discontinue, or delay the
191-19 prosecution of another witness.
191-20 (b) A witness or prospective witness in an official
191-21 proceeding commits an offense if he knowingly solicits, accepts, or
191-22 agrees to accept any benefit on the representation or understanding
191-23 that he will do any of the things specified in Subsection (a) <of
191-24 this section>.
191-25 (c) It is a defense to prosecution under Subsection (a)(5)
191-26 that the benefit received was:
191-27 (1) reasonable restitution for damages suffered by the
192-1 complaining witness as a result of the offense; and
192-2 (2) a result of an agreement negotiated with the
192-3 assistance or acquiescence of an attorney for the state who
192-4 represented the state in the case.
192-5 (d) An offense under this section is a state jail felony <of
192-6 the third degree>.
192-7 Sec. 36.06. Obstruction or Retaliation. (a) A person
192-8 commits an offense if he intentionally or knowingly harms or
192-9 threatens to harm another by an unlawful act:
192-10 (1) in retaliation for or on account of the service of
192-11 another as a public servant, witness, prospective witness,
192-12 informant, or a person who has reported or who the actor knows
192-13 intends to report the occurrence of a crime; or
192-14 (2) to prevent or delay the service of another as a
192-15 public servant, witness, prospective witness, informant, or a
192-16 person who has reported or who the actor knows intends to report
192-17 the occurrence of a crime.
192-18 (b) For purposes of this section, "informant" means a person
192-19 who has communicated information to the government in connection
192-20 with any governmental function.
192-21 (c) An offense under this section is a felony of the third
192-22 degree.
192-23 Sec. 36.07. ACCEPTANCE OF HONORARIUM. (a) A public servant
192-24 commits an offense if the public servant solicits, accepts, or
192-25 agrees to accept an honorarium in consideration for services that
192-26 the public servant would not have been requested to provide but for
192-27 the public servant's official position or duties.
193-1 (b) This section does not prohibit a public servant from
193-2 accepting transportation and lodging expenses <permitted under
193-3 Section 305.025(b)(2), Government Code,> in connection with a
193-4 conference or similar event in which the public servant renders
193-5 services, such as addressing an audience or engaging in a seminar,
193-6 to the extent that those services are more than merely perfunctory,
193-7 or from accepting meals in connection with such an event.
193-8 (c) An offense under this section is a Class A misdemeanor.
193-9 Sec. 36.08. Gift to Public Servant BY PERSON SUBJECT TO HIS
193-10 JURISDICTION. (a) A public servant in an agency performing
193-11 regulatory functions or conducting inspections or investigations
193-12 commits an offense if he solicits, accepts, or agrees to accept any
193-13 benefit from a person the public servant knows to be subject to
193-14 regulation, inspection, or investigation by the public servant or
193-15 his agency.
193-16 (b) A public servant in an agency having custody of
193-17 prisoners commits an offense if he solicits, accepts, or agrees to
193-18 accept any benefit from a person the public servant knows to be in
193-19 his custody or the custody of his agency.
193-20 (c) A public servant in an agency carrying on civil or
193-21 criminal litigation on behalf of government commits an offense if
193-22 he solicits, accepts, or agrees to accept any benefit from a person
193-23 against whom the public servant knows litigation is pending or
193-24 contemplated by the public servant or his agency.
193-25 (d) A public servant who exercises discretion in connection
193-26 with contracts, purchases, payments, claims, or other pecuniary
193-27 transactions of government commits an offense if he solicits,
194-1 accepts, or agrees to accept any benefit from a person the public
194-2 servant knows is interested in or likely to become interested in
194-3 any contract, purchase, payment, claim, or transaction involving
194-4 the exercise of his discretion.
194-5 (e) A public servant who has judicial or administrative
194-6 authority, who is employed by or in a tribunal having judicial or
194-7 administrative authority, or who participates in the enforcement of
194-8 the tribunal's decision, commits an offense if he solicits,
194-9 accepts, or agrees to accept any benefit from a person the public
194-10 servant knows is interested in or likely to become interested in
194-11 any matter before the public servant or tribunal.
194-12 (f) A member of the legislature, the governor, the
194-13 lieutenant governor, or a person employed by a member of the
194-14 legislature, the governor, the lieutenant governor, or an agency of
194-15 the legislature commits an offense if he solicits, accepts, or
194-16 agrees to accept any benefit from any person.
194-17 (g) A public servant who is a hearing examiner employed by
194-18 an agency performing regulatory functions and who conducts hearings
194-19 in contested cases commits an offense if the public servant
194-20 solicits, accepts, or agrees to accept any benefit from any person
194-21 who is appearing before the agency in a contested case, who is
194-22 doing business with the agency, or who the public servant knows is
194-23 interested in any matter before the public servant. The exception
194-24 provided by Section 36.10(b) <of this code> does not apply to a
194-25 benefit under this subsection.
194-26 (h) An offense under this section is a Class A misdemeanor.
194-27 (i) A public servant who receives an unsolicited benefit
195-1 that the public servant is prohibited from accepting under this
195-2 section may donate the benefit to a governmental entity that has
195-3 the authority to accept the gift or may donate the benefit to a
195-4 recognized tax-exempt charitable organization formed for
195-5 educational, religious, or scientific purposes.
195-6 Sec. 36.09. OFFERING GIFT TO PUBLIC SERVANT. (a) A person
195-7 commits an offense if he offers, confers, or agrees to confer any
195-8 benefit on a public servant that he knows the public servant is
195-9 prohibited by law from accepting.
195-10 (b) An offense under this section is a Class A misdemeanor.
195-11 Sec. 36.10. NON-APPLICABLE. (a) Sections 36.08 (Gift to
195-12 Public Servant) and 36.09 (Offering Gift to Public Servant) <of
195-13 this code> do not apply to:
195-14 (1) a fee prescribed by law to be received by a public
195-15 servant or any other benefit to which the public servant is
195-16 lawfully entitled or for which he gives legitimate consideration in
195-17 a capacity other than as a public servant;
195-18 (2) a gift or other benefit conferred on account of
195-19 kinship or a personal, professional, or business relationship
195-20 independent of the official status of the recipient; or
195-21 (3) a benefit to a public servant required to file a
195-22 statement under Chapter 421, Acts of the 63rd Legislature, Regular
195-23 Session, 1973 (Article 6252-9b, Vernon's Texas Civil Statutes), or
195-24 a report under Title 15, Election Code, that is derived from a
195-25 function in honor or appreciation of the recipient if:
195-26 (A) the benefit and the source of any benefit in
195-27 excess of $50 is reported in the statement; and
196-1 (B) the benefit is used solely to defray the
196-2 expenses that accrue in the performance of duties or activities in
196-3 connection with the office which are nonreimbursable by the state
196-4 or political subdivision;
196-5 (4) a political contribution as defined by Title 15,
196-6 Election Code; <or>
196-7 (5) a gift, award, or memento to a member of the
196-8 legislative or executive branch that is required to be reported
196-9 under Chapter 305, Government Code;
196-10 (6) an item with a value of less than $50, excluding
196-11 cash or a negotiable instrument as described by Section 3.104,
196-12 Business & Commerce Code; or
196-13 (7) an item issued by a governmental entity that
196-14 allows the use of property or facilities owned, leased, or operated
196-15 by the governmental entity.
196-16 (b) Section 36.08 (Gift to Public Servant) <of this code>
196-17 does not apply to food, lodging, transportation, or entertainment
196-18 accepted as a guest and, if the donee is required by law to report
196-19 those items, reported by the donee in accordance with that law.
196-20 (c) Section 36.09 (Offering Gift to Public Servant) <of this
196-21 code> does not apply to food, lodging, transportation, or
196-22 entertainment accepted as a guest and, if the donor is required by
196-23 law to report those items, reported by the donor in accordance with
196-24 that law.
196-25 CHAPTER 37. PERJURY AND OTHER FALSIFICATION
196-26 Sec. 37.01. DEFINITIONS. In this chapter:
196-27 (1) "Governmental record" means:
197-1 (A) anything belonging to, received by, or kept
197-2 by government for information;
197-3 (B) anything required by law to be kept by
197-4 others for information of government; or
197-5 (C) a license, certificate, permit, seal, title,
197-6 or similar document issued by government.
197-7 (2) <"Official proceeding" means any type of
197-8 administrative, executive, legislative, or judicial proceeding that
197-9 may be conducted before a public servant authorized by law to take
197-10 statements under oath.>
197-11 <(3)> "Statement" means any representation of fact.
197-12 Sec. 37.02. PERJURY. (a) A person commits an offense if,
197-13 with intent to deceive and with knowledge of the statement's
197-14 meaning:
197-15 (1) he makes a false statement under oath or swears to
197-16 the truth of a false statement previously made<;> and
197-17 <(2)> the statement is required or authorized by law
197-18 to be made under oath; or
197-19 (2) he makes a false unsworn declaration under Chapter
197-20 132, Civil Practice and Remedies Code.
197-21 (b) An offense under this section is a Class A misdemeanor.
197-22 Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an
197-23 offense if he commits perjury as defined in Section 37.02 <of this
197-24 code>, and the false statement:
197-25 (1) is made during or in connection with an official
197-26 proceeding; and
197-27 (2) is material.
198-1 (b) An offense under this section is a felony of the third
198-2 degree.
198-3 Sec. 37.04. MATERIALITY. (a) A statement is material,
198-4 regardless of the admissibility of the statement under the rules of
198-5 evidence, if it could have affected the course or outcome of the
198-6 official proceeding.
198-7 (b) It is no defense to prosecution under Section 37.03 <of
198-8 this code> (Aggravated Perjury) that the declarant mistakenly
198-9 believed the statement to be immaterial.
198-10 (c) Whether a statement is material in a given factual
198-11 situation is a question of law.
198-12 Sec. 37.05. RETRACTION. It is a defense to prosecution
198-13 under Section 37.03 <of this code> (Aggravated Perjury) that the
198-14 actor retracted his false statement:
198-15 (1) before completion of the testimony at the official
198-16 proceeding; and
198-17 (2) before it became manifest that the falsity of the
198-18 statement would be exposed.
198-19 Sec. 37.06. INCONSISTENT STATEMENTS. An information or
198-20 indictment for perjury under Section 37.02 <of this code> or
198-21 aggravated perjury under Section 37.03 <of this code> that alleges
198-22 that the declarant has made statements under oath, both of which
198-23 cannot be true, need not allege which statement is false. At the
198-24 trial the prosecution need not prove which statement is false.
198-25 Sec. 37.07. IRREGULARITIES NO DEFENSE. (a) It is no
198-26 defense to prosecution under Section 37.02 (Perjury) or 37.03
198-27 (Aggravated Perjury) <of this code> that the oath was administered
199-1 or taken in an irregular manner, or that there was some
199-2 irregularity in the appointment or qualification of the person who
199-3 administered the oath.
199-4 (b) It is no defense to prosecution under Section 37.02
199-5 (Perjury) or 37.03 (Aggravated Perjury) <of this code> that a
199-6 document was not sworn to if the document contains a recital that
199-7 it was made under oath, the declarant was aware of the recital when
199-8 he signed the document, and the document contains the signed jurat
199-9 of a public servant authorized to administer oaths.
199-10 Sec. 37.08. FALSE REPORT TO PEACE OFFICER. (a) A person
199-11 commits an offense if, with intent to deceive, he knowingly makes a
199-12 false statement to a peace officer conducting a criminal
199-13 investigation and the statement is material to the investigation
199-14 <he:>
199-15 <(1) reports to a peace officer an offense or incident
199-16 within the officer's concern, knowing that the offense or incident
199-17 did not occur; or>
199-18 <(2) makes a report to a peace officer relating to an
199-19 offense or incident within the officer's concern knowing that he
199-20 has no information relating to the offense or incident>.
199-21 (b) An offense under this section is a Class B misdemeanor.
199-22 Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.
199-23 (a) A person commits an offense if, knowing that an investigation
199-24 or official proceeding is pending or in progress, he:
199-25 (1) alters, destroys, or conceals any record,
199-26 document, or thing with intent to impair its verity, legibility, or
199-27 availability as evidence in the investigation or official
200-1 proceeding; or
200-2 (2) makes, presents, or uses any record, document, or
200-3 thing with knowledge of its falsity and with intent to affect the
200-4 course or outcome of the investigation or official proceeding.
200-5 (b) This section shall not apply if the record, document, or
200-6 thing concealed is privileged or is the work product of the parties
200-7 to the investigation or official proceeding.
200-8 (c) An offense under this section is a felony of the third
200-9 degree.
200-10 Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A
200-11 person commits an offense if he:
200-12 (1) knowingly makes a false entry in, or false
200-13 alteration of, a governmental record;
200-14 (2) makes, presents, or uses any record, document, or
200-15 thing with knowledge of its falsity and with intent that it be
200-16 taken as a genuine governmental record;
200-17 (3) intentionally destroys, conceals, removes, or
200-18 otherwise impairs the verity, legibility, or availability of a
200-19 governmental record; <or>
200-20 (4) possesses, sells, or offers to sell a governmental
200-21 record or a blank governmental record form with intent that it be
200-22 used unlawfully; <or>
200-23 (5) <(4)> makes, presents, or uses a governmental
200-24 record with knowledge of its falsity; or<.>
200-25 (6) <(5)> possesses, sells, or offers to sell a
200-26 governmental record or a blank governmental record form with
200-27 knowledge that it was obtained unlawfully.
201-1 (b) It is an exception to the application of Subsection
201-2 (a)(3) <of this section> that the governmental record is destroyed
201-3 pursuant to legal authorization. With regard to the destruction of
201-4 a local government record, legal authorization includes compliance
201-5 with the provisions of Subtitle C, Title 6, Local Government Code.
201-6 (c) Except as provided in Subsection (d) <of this section>,
201-7 an offense under this section is a Class A misdemeanor unless the
201-8 actor's intent is to defraud or harm another, in which event the
201-9 offense is a state jail felony <of the third degree>.
201-10 (d) An offense under this section is a felony of the third
201-11 degree if it is shown on the trial of the offense that the
201-12 governmental record was a license, certificate, permit, seal,
201-13 title, or similar document issued by government, unless the actor's
201-14 intent is to defraud or harm another, in which event the offense is
201-15 a felony of the second degree.
201-16 (e) It is an affirmative defense to prosecution for
201-17 possession under Subsection (a)(6) <(a)(5) of this section> that
201-18 the possession occurred in the actual discharge of official duties
201-19 as a public servant.
201-20 (f) It is a defense to prosecution under Subsection (a)(1),
201-21 (a)(2), or (a)(5) that the false entry or false information could
201-22 have no effect on the government's purpose for requiring the
201-23 governmental record.
201-24 (g) A person is presumed to intend to defraud or harm
201-25 another if the person acts with respect to two or more of the same
201-26 type of governmental records or blank governmental record forms and
201-27 if each governmental record or blank governmental record form is a
202-1 license, certificate, permit, seal, title, or similar document
202-2 issued by government.
202-3 Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person
202-4 commits an offense if he impersonates a public servant with intent
202-5 to induce another to submit to his pretended official authority or
202-6 to rely on his pretended official acts.
202-7 (b) An offense under this section is a Class A misdemeanor
202-8 unless the person impersonated a peace officer, in which event it
202-9 is a felony of the third degree.
202-10 Sec. 37.12. False Identification As Peace Officer;
202-11 Misrepresentation Of Property. (a) A person commits an offense
202-12 if:
202-13 (1) the person makes, provides to another person, or
202-14 possesses a card, document, badge, insignia, shoulder emblem, or
202-15 other item bearing an insignia of a law enforcement agency that
202-16 identifies a person as a peace officer or a reserve law enforcement
202-17 officer; and
202-18 (2) the person who makes, provides, or possesses the
202-19 item bearing the insignia knows that the person so identified by
202-20 the item is not commissioned as a <certified or licensed by the
202-21 Commission on Law Enforcement Officer Standards and Education in
202-22 the capacity of> peace officer or reserve law enforcement officer
202-23 as indicated on the item.
202-24 (b) It is a defense to prosecution under this section that:
202-25 (1) the card, document, badge, insignia, shoulder
202-26 emblem, or other item bearing an insignia of a law enforcement
202-27 agency clearly identifies the person as an honorary or junior peace
203-1 officer or reserve law enforcement officer, or as a member of a
203-2 junior posse;
203-3 (2) the person identified as a peace officer or
203-4 reserve law enforcement officer by the item bearing the insignia
203-5 was commissioned <certified or licensed> in that capacity when the
203-6 item was made; or
203-7 (3) the item was used or intended for use exclusively
203-8 for decorative purposes or in an artistic or dramatic presentation.
203-9 (c) In this section, "reserve law enforcement officer" has
203-10 the same meaning as is given that term in Section 415.001,
203-11 Government Code <6, Chapter 546, Acts of the 59th Legislature,
203-12 Regular Session, 1965 (Article 4413(29aa), Vernon's Texas Civil
203-13 Statutes)>.
203-14 (d) A person commits an offense if the person intentionally
203-15 or knowingly misrepresents an object as property belonging to a law
203-16 enforcement agency.
203-17 (e) An offense under this section is a Class B misdemeanor.
203-18 CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
203-19 Sec. 38.01. Definitions. In this chapter:
203-20 (1) <"Complaining witness" means the victim of a crime
203-21 or a person who signs a criminal complaint.>
203-22 <(2)> "Custody" means <detained or> under arrest by a
203-23 peace officer or under restraint by a public servant pursuant to an
203-24 order of a court.
203-25 (2) <(3)> "Escape" means unauthorized departure from
203-26 custody or failure to return to custody following temporary leave
203-27 for a specific purpose or limited period or leave that is part of
204-1 an intermittent sentence, but does not include a violation of
204-2 conditions of community supervision <probation> or parole.
204-3 (3) <(4)> "Economic benefit" means anything reasonably
204-4 regarded as an economic gain or advantage, including accepting or
204-5 offering to accept employment for a fee, accepting or offering to
204-6 accept a fee, entering into a fee contract, or accepting or
204-7 agreeing to accept money or anything of value.
204-8 (4) "Finance" means to provide funds or capital or to
204-9 furnish with necessary funds <(5) "Funeral establishment" means an
204-10 establishment licensed under Section 4, Chapter 251, Acts of the
204-11 53rd Legislature, Regular Session, 1953 (Article 4582b, Vernon's
204-12 Texas Civil Statutes)>.
204-13 (5) "Fugitive from justice" means a person for whom a
204-14 valid arrest warrant has been issued.
204-15 (6) "Governmental function" includes any activity that
204-16 a public servant is lawfully authorized to undertake on behalf of
204-17 government.
204-18 (7) "Invest funds" means to commit money to earn a
204-19 financial return <"Hospital" means a general hospital or special
204-20 hospital as defined by Chapter 241, Health and Safety Code>.
204-21 (8) "Member of the family" means anyone related within
204-22 the third degree of consanguinity or affinity, as determined under
204-23 Article 5996h, Revised Statutes.
204-24 (9) <"Official proceeding" means:>
204-25 <(A) a proceeding before a magistrate, court, or
204-26 grand jury of this state;>
204-27 <(B) a proceeding before the legislature or an
205-1 inquiry authorized by either house or any joint committee
205-2 established by a joint or concurrent resolution of the two houses
205-3 of the legislature or any committee or subcommittee of either house
205-4 of the legislature;>
205-5 <(C) a proceeding in which pursuant to lawful
205-6 authority a court orders attendance or the production of evidence;
205-7 or>
205-8 <(D) a proceeding that otherwise is made
205-9 expressly subject to this chapter.>
205-10 <(10)> "Qualified nonprofit organization" means a
205-11 nonprofit organization that meets the following conditions:
205-12 (A) the primary purposes of the organization do
205-13 not include the rendition of legal services or education regarding
205-14 legal services;
205-15 (B) the recommending, furnishing, paying for, or
205-16 educating persons regarding legal services is incidental and
205-17 reasonably related to the primary purposes of the organization;
205-18 (C) the organization does not derive a financial
205-19 benefit from the rendition of legal services by a lawyer; and
205-20 (D) the person for whom the legal services are
205-21 rendered, and not the organization, is recognized as the client of
205-22 a lawyer.
205-23 (10) "Public media" means a telephone directory or
205-24 legal directory, newspaper or other periodical, billboard or other
205-25 sign, radio or television broadcast, recorded message the public
205-26 may access by dialing a telephone number, or a written
205-27 communication not prohibited by Section 38.12(d).
206-1 (11) "Solicit employment" means to communicate in
206-2 person or by telephone or written communication with a prospective
206-3 client <claimant> or <defendant or with> a member of the
206-4 prospective client's <claimant's or defendant's> family concerning
206-5 legal representation arising out of a particular occurrence or
206-6 event, or series of occurrences or events, or concerning an
206-7 existing legal problem of the prospective client, for the purpose
206-8 of providing legal representation to the prospective client, when
206-9 neither the person receiving the communication nor anyone acting on
206-10 that person's behalf has requested the communication. The term
206-11 does not include a communication initiated <communicating> by a
206-12 family member of the person receiving a communication, a
206-13 communication <communicating> by an attorney who has a prior or
206-14 existing attorney-client relationship with the person receiving the
206-15 communication, or communication by an attorney for <communicating
206-16 with> a qualified nonprofit organization with the organization's
206-17 members for the purpose of educating the organization's members to
206-18 understand the law, <laymen> to recognize legal problems, to make
206-19 intelligent selection of legal counsel, or to use available legal
206-20 services. The term does not include an advertisement by an
206-21 attorney through public media.
206-22 Sec. 38.02. Failure to Identify. (a) A person commits an
206-23 offense if he intentionally refuses to <report or> give his name,
206-24 residence address, or date of birth to a peace officer who has
206-25 lawfully arrested the person and requested the information.
206-26 (b) A person commits an offense if he intentionally <reports
206-27 or> gives a false or fictitious name, residence address, or date of
207-1 birth to a peace officer who has:
207-2 (1) lawfully arrested the person;
207-3 (2) lawfully detained the person; or
207-4 (3) requested the information from a person that the
207-5 peace officer has good cause to believe is a witness to a criminal
207-6 offense.
207-7 (c) <In this section, "fugitive from justice" means a person
207-8 for whom a valid arrest warrant has been issued by a magistrate of
207-9 this state, if the warrant has not been executed.>
207-10 <(d)> Except as provided by Subsection (d) <(e) of this
207-11 section>, an offense under this section is a Class C misdemeanor.
207-12 (d) <(e)> If it is shown on the trial of an offense under
207-13 this section that the defendant was a fugitive from justice at the
207-14 time of the offense <or that the defendant has been previously
207-15 convicted of an offense under this section>, the offense is a Class
207-16 B misdemeanor.
207-17 Sec. 38.03. Resisting Arrest, Search, or Transportation.
207-18 (a) A person commits an offense if he intentionally prevents or
207-19 obstructs a person he knows is a peace officer or a person acting
207-20 in a peace officer's presence and at his direction from effecting
207-21 an arrest, search, or transportation of the actor or another by
207-22 using force against the peace officer or another.
207-23 (b) It is no defense to prosecution under this section that
207-24 the arrest or search was unlawful.
207-25 (c) Except as provided in Subsection (d) <of this section>,
207-26 an offense under this section is a Class A misdemeanor.
207-27 (d) An offense under this section is a felony of the third
208-1 degree if the actor uses a deadly weapon to resist the arrest or
208-2 search.
208-3 Sec. 38.04. Evading Arrest or Detention. (a) A person
208-4 commits an offense if he intentionally flees from a person he knows
208-5 is a peace officer attempting lawfully to arrest <him> or detain
208-6 him <for the purpose of questioning or investigating possible
208-7 criminal activity>.
208-8 (b) <It is an exception to the application of this section
208-9 that the attempted arrest is unlawful or the detention is without
208-10 reasonable suspicion to investigate>.
208-11 <(c) It is presumed that the actor recklessly engaged in
208-12 conduct placing another in imminent danger of serious bodily injury
208-13 under Subsection (d) of this section if the actor operated a motor
208-14 vehicle while intoxicated during the commission of the offense. In
208-15 this subsection, "intoxicated" has the meaning assigned that term
208-16 by Article 6701l-1, Revised Statutes.>
208-17 <(d)> An offense under this section is a Class B
208-18 misdemeanor, except that the offense is<:>
208-19 <(1) a Class A misdemeanor if the actor, during the
208-20 commission of the offense, recklessly engaged in conduct that
208-21 placed another in imminent danger of serious bodily injury; or>
208-22 <(2)> a felony of the third degree if a peace officer
208-23 suffers serious bodily injury or death from any cause other than an
208-24 assault or homicide by the actor as a direct result of an attempt
208-25 by the officer to apprehend the actor while the actor is in flight.
208-26 Sec. 38.05. Hindering Apprehension or Prosecution. (a) A
208-27 person commits an offense if, with intent to hinder the arrest,
209-1 prosecution, conviction, or punishment of another for an offense,
209-2 he:
209-3 (1) harbors or conceals the other;
209-4 (2) provides or aids in providing the other with any
209-5 means of avoiding arrest or effecting escape; or
209-6 (3) warns the other of impending discovery or
209-7 apprehension.
209-8 (b) It is a defense to prosecution under Subsection (a)(3)
209-9 <of this section> that the warning was given in connection with an
209-10 effort to bring another into compliance with the law.
209-11 (c) An offense under this section is a Class A misdemeanor,
209-12 except that the offense is a felony of the third degree if the
209-13 person who is harbored, concealed, provided with a means of
209-14 avoiding arrest or effecting escape, or warned of discovery or
209-15 apprehension is under arrest for, charged with, or convicted of a
209-16 felony and the person charged under this section knew that the
209-17 person they harbored, concealed, provided with a means of avoiding
209-18 arrest or effecting escape, or warned of discovery or apprehension
209-19 is under arrest for, charged with, or convicted of a felony.
209-20 Sec. 38.06. <COMPOUNDING. (a) A complaining witness
209-21 commits an offense if, after criminal proceedings have been
209-22 instituted, he solicits, accepts, or agrees to accept any benefit
209-23 in consideration of abstaining from, discontinuing, or delaying the
209-24 prosecution of another for an offense.>
209-25 <(b) It is a defense to prosecution under this section that
209-26 the benefit received was:>
209-27 <(1) reasonable restitution for damages suffered by
210-1 the complaining witness as a result of the offense; and>
210-2 <(2) the result of an agreement negotiated with the
210-3 assistance or acquiescence of an attorney for the state who
210-4 represented the state in the case.>
210-5 <(c) An offense under this section is a Class A misdemeanor.>
210-6 <Sec. 38.07.> Escape. (a) A person commits an offense if
210-7 he escapes from custody when he is:
210-8 (1) under arrest for, charged with, or convicted of an
210-9 offense; or
210-10 (2) in custody pursuant to a lawful order of a court.
210-11 (b) Except as provided in Subsections (c), <and> (d), and
210-12 (e) <of this section>, an offense under this section is a Class A
210-13 misdemeanor.
210-14 (c) An offense under this section is a felony of the third
210-15 degree if the actor:
210-16 (1) is under arrest for, charged with, or convicted of
210-17 a felony; or
210-18 (2) is confined in a secure correctional facility
210-19 <penal institution>.
210-20 (d) An offense under this section is a felony of the second
210-21 degree if the actor <used or threatened to use a deadly weapon> to
210-22 effect his escape causes bodily injury.
210-23 (e) An offense under this section is a felony of the first
210-24 degree if to effect his escape the actor:
210-25 (1) causes serious bodily injury; or
210-26 (2) uses or threatens to use a deadly weapon.
210-27 Sec. 38.07 <38.08>. Permitting or Facilitating Escape.
211-1 (a) An official or employee of a correctional facility <an
211-2 institution that is responsible for maintaining persons in custody>
211-3 commits an offense if he <intentionally,> knowingly<, or
211-4 recklessly> permits or facilitates the escape of a person in
211-5 custody.
211-6 (b) A person commits an offense if he <intentionally or>
211-7 knowingly causes or facilitates the escape of one who is in custody
211-8 pursuant to:
211-9 (1) an allegation or adjudication of delinquency; or
211-10 (2) <a statutory procedure authorizing> involuntary
211-11 commitment for mental illness under Subtitle C, Title 7, Health and
211-12 Safety Code, or for chemical dependency under Chapter 462, Health
211-13 and Safety Code<, alcoholism, or drug addiction>.
211-14 (c) Except as provided in Subsections <Subsection> (d) and
211-15 (e) <of this section>, an offense under this section is a Class A
211-16 misdemeanor.
211-17 (d) An offense under this section is a felony of the third
211-18 degree if<:>
211-19 <(1)> the person in custody:
211-20 (1) was under arrest for, charged with, or convicted
211-21 of a felony; or
211-22 (2) <the person in custody> was confined in a
211-23 correctional facility other than a secure correctional facility
211-24 after conviction of a felony.
211-25 (e) An offense under this section is a felony of the second
211-26 degree if:
211-27 (1) <penal institution;>
212-1 <(3)> the actor or the person in custody used or
212-2 threatened to use a deadly weapon to effect the escape; or
212-3 (2) <(4)> the person in custody was confined in a
212-4 secure correctional facility after conviction of a felony <offense
212-5 under Subsection (a) of this section was committed intentionally>.
212-6 Sec. 38.08 <38.09>. Effect of Unlawful Custody. It is no
212-7 defense to prosecution under Section 38.06 <38.07 (Escape)> or
212-8 38.07 <38.08 (Facilitating Escape) of this code> that the custody
212-9 was unlawful.
212-10 Sec. 38.09 <38.10>. Implements for Escape. (a) A person
212-11 commits an offense if, with intent to facilitate escape, he
212-12 introduces into a correctional facility <penal institution>, or
212-13 provides a person in custody or an inmate with, a deadly weapon or
212-14 anything that may be useful for escape.
212-15 (b) An offense under this section is a felony of the third
212-16 degree unless the actor introduced or provided a deadly weapon, in
212-17 which event the offense is a felony of the second degree.
212-18 Sec. 38.10 <38.11>. Bail Jumping and Failure to Appear.
212-19 (a) A person lawfully released from custody, with or without bail,
212-20 on condition that he subsequently appear commits an offense if he
212-21 intentionally or knowingly fails to appear in accordance with the
212-22 terms of his release.
212-23 (b) It is a defense to prosecution under this section that
212-24 the appearance was incident to community supervision, parole, or an
212-25 intermittent sentence <This section does not apply to appearances
212-26 incident to probation or parole>.
212-27 (c) It is a defense to prosecution under this section that
213-1 the actor had a reasonable excuse for his failure to appear in
213-2 accordance with the terms of his release.
213-3 (d) Except as provided in Subsections (e) and (f) <of this
213-4 section>, an offense under this section is a Class A misdemeanor.
213-5 (e) An offense under this section is a Class C misdemeanor
213-6 if the offense for which the actor's appearance was required is
213-7 punishable by fine only.
213-8 (f) An offense under this section is a felony of the third
213-9 degree if the offense for which the actor's appearance was required
213-10 is classified as a felony.
213-11 Sec. 38.11 <38.111. FAILURE TO RETURN TO CUSTODY FOLLOWING
213-12 WORK RELEASE. (a) A person serving a sentence under Section 5 or
213-13 6, Article 42.03, Code of Criminal Procedure, commits an offense
213-14 if, having been released from custody as provided by either of
213-15 those sections, he fails to return to custody as required under the
213-16 terms of his sentence.>
213-17 <(b) An offense under this section is a Class A misdemeanor.>
213-18 <Sec. 38.112>. PROHIBITED SUBSTANCES IN CORRECTIONAL
213-19 FACILITY OR ON PROPERTY OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE
213-20 <Facilities>. (a) A person commits an offense if the person
213-21 provides an alcoholic beverage, controlled substance, or dangerous
213-22 drug to an inmate of a correctional facility <municipal or county
213-23 jail>, except on the prescription of a physician.
213-24 (b) A person commits an offense if the person takes an
213-25 alcoholic beverage, <a> controlled substance, or dangerous drug
213-26 into a correctional facility, <municipal or county jail or a
213-27 correctional facility authorized by Subchapter F, Chapter 351,
214-1 Local Government Code> except for delivery to a correctional
214-2 facility <jail or correctional facility> warehouse, pharmacy, or
214-3 physician.
214-4 (c) <A person commits an offense if the person provides an
214-5 alcoholic beverage, controlled substance, or dangerous drug to an
214-6 inmate of the institutional division, except on the prescription of
214-7 a physician.>
214-8 <(d)> A person commits an offense if the person takes a
214-9 controlled substance or dangerous drug on property owned, used, or
214-10 controlled by the Texas Department of Criminal Justice <into a
214-11 correctional facility authorized by Chapter 495, Government Code,
214-12 or into the confines of property owned by the institutional
214-13 division and used or occupied by inmates>, except for delivery to a
214-14 <an institutional division or correctional facility> warehouse,
214-15 pharmacy, or physician on property owned, used, or controlled by
214-16 the department.
214-17 (d) <(e)> A person commits an offense if the person
214-18 possesses a controlled substance or dangerous drug while on
214-19 property owned, used, or controlled by the Texas Department of
214-20 Criminal Justice <in the confines of property belonging to the
214-21 institutional division>.
214-22 (e) <(f)> It is an affirmative defense to prosecution under
214-23 Subsection (d) <(e)> of this section that the person possessed the
214-24 controlled substance or dangerous drug pursuant to a prescription
214-25 issued by a practitioner or while delivering the substance or drug
214-26 to a <an institutional division> warehouse, pharmacy, or physician
214-27 on property owned, used, or controlled by the department.
215-1 (f) <(g)> In this section:
215-2 (1) <"Alcoholic beverage" has the meaning assigned by
215-3 Section 1.04(1), Alcoholic Beverage Code.>
215-4 <(2) "Controlled substance" has the meaning assigned
215-5 by Section 481.002, Health and Safety Code.>
215-6 <(3) "Dangerous drug" has the meaning assigned by
215-7 Section 483.001, Health and Safety Code.>
215-8 <(4) "Institutional division" means the institutional
215-9 division of the Texas Department of Criminal Justice.>
215-10 <(5)> "Practitioner" has the meaning assigned by
215-11 Section 481.002, Health and Safety Code.
215-12 (2) <(6)> "Prescription" has the meaning assigned by
215-13 Section 481.002, Health and Safety Code.
215-14 (g) <(h)> An offense under this section is a felony of the
215-15 third degree.
215-16 (h) Notwithstanding Section 15.01(d), if a person commits
215-17 the offense of criminal attempt to commit an offense under
215-18 Subsection (a) or (b), the offense committed under Section 15.01 is
215-19 a felony of the third degree.
215-20 Sec. 38.113. UNAUTHORIZED ABSENCE FROM COMMUNITY CORRECTIONS
215-21 FACILITY. (a) A person commits an offense if the person is
215-22 required as a condition of probation to submit to a period of
215-23 detention or treatment in a community corrections facility and the
215-24 person fails to report to or leaves the facility without the
215-25 approval of the court, the community supervision and corrections
215-26 department supervising the person, or the director of the facility.
215-27 (b) An offense under this section is a state jail felony.
216-1 Sec. 38.12. Barratry. (a) A person commits an offense if,
216-2 with intent to obtain an economic benefit the person <for himself,
216-3 he>:
216-4 (1) knowingly institutes a suit or claim that the
216-5 person has not been authorized to pursue;
216-6 (2) solicits employment, either in person or by
216-7 telephone, for himself or for another;
216-8 (3) pays, gives, or advances or offers to pay, give,
216-9 or advance to a prospective client money or anything of value to
216-10 obtain legal representation from the prospective client;
216-11 (4) pays or gives or offers to pay or give a person
216-12 money or anything of value to solicit employment;
216-13 (5) pays or gives or offers to pay or give a family
216-14 member of a prospective client money or anything of value to
216-15 solicit employment; or
216-16 (6) accepts or agrees to accept money or anything of
216-17 value to solicit employment.
216-18 (b) A person commits an offense if the person:
216-19 (1) is an attorney, chiropractor, physician, surgeon,
216-20 or private investigator licensed to practice in this state or any
216-21 person licensed, certified, or registered by a health care
216-22 regulatory agency of this state; and
216-23 (2) knowingly:
216-24 (A) finances or invests funds the person knows
216-25 or believes are intended to further the commission of an offense
216-26 under Subsection (a); or
216-27 (B) accepts employment within the scope of the
217-1 person's license, registration, or certification that results from
217-2 the solicitation of employment in violation of Subsection (a).
217-3 (c) It is an exception to prosecution under Subsection (a)
217-4 or (b) that the person's conduct is authorized by the Texas
217-5 Disciplinary Rules of Professional Conduct or any rule of court.
217-6 (d) A person commits an offense if the person:
217-7 (1) is an attorney, chiropractor, physician, surgeon,
217-8 or private investigator licensed to practice in this state or any
217-9 person licensed, certified, or registered by a health care
217-10 regulatory agency of this state;
217-11 (2) with the intent to obtain professional employment
217-12 for himself or for another, sends or knowingly permits to be sent
217-13 to an individual who has not sought the person's employment, legal
217-14 representation, advice, or care a written communication that:
217-15 (A) concerns an action for personal injury or
217-16 wrongful death or otherwise relates to an accident or disaster
217-17 involving the person to whom the communication is addressed or a
217-18 relative of that person and that was mailed before the 31st day
217-19 after the date on which the accident or disaster occurred;
217-20 (B) concerns a specific matter and relates to
217-21 legal representation and the person knows or reasonably should know
217-22 that the person to whom the communication is directed is
217-23 represented by a lawyer in the matter;
217-24 (C) concerns an arrest of or issuance of a
217-25 summons to the person to whom the communication is addressed or a
217-26 relative of that person and that was mailed before the 31st day
217-27 after the date on which the arrest or issuance of the summons
218-1 occurred;
218-2 (D) concerns a lawsuit of any kind, including an
218-3 action for divorce, in which the person to whom the communication
218-4 is addressed is a defendant or a relative of that person, unless
218-5 the lawsuit in which the person is named as a defendant has been on
218-6 file for more than 31 days before the date on which the
218-7 communication was mailed;
218-8 (E) is sent or permitted to be sent by a person
218-9 who knows or reasonably should know that the injured person or
218-10 relative of the injured person has indicated a desire not to be
218-11 contacted by or receive communications concerning employment;
218-12 (F) involves coercion, duress, fraud,
218-13 overreaching, harassment, intimidation, or undue influence; or
218-14 (G) contains a false, fraudulent, misleading,
218-15 deceptive, or unfair statement or claim.
218-16 (e) For purposes of Subsection (d)(2)(E), a desire not to be
218-17 contacted is presumed if an accident report reflects that such an
218-18 indication has been made by an injured person or that person's
218-19 relative.
218-20 (f) An offense under Subsection (a) or (b) is a felony of
218-21 the third degree.
218-22 (g) Except as provided by Subsection (h), an offense under
218-23 Subsection (d) is a Class A misdemeanor.
218-24 (h) An offense under Subsection (d) is a felony of the third
218-25 degree if it is shown on the trial of the offense that the
218-26 defendant has previously been convicted under Subsection (d).
218-27 <(1) institutes any suit or claim in which he knows he
219-1 has no interest;>
219-2 <(2) institutes any suit or claim that he knows is
219-3 false;>
219-4 <(3) solicits employment for himself or another to
219-5 prosecute or defend a suit or to collect a claim; or>
219-6 <(4) procures another to solicit for him or another
219-7 employment to prosecute or defend a suit or to collect a claim.>
219-8 <(b) Intent to obtain an economic benefit is presumed if the
219-9 person accepts employment for a fee, accepts a fee, or accepts or
219-10 agrees to accept money or any economic benefit.>
219-11 <(c) Except as provided by Subsection (d) of this section,
219-12 an offense under Subsection (a) of this section is a Class A
219-13 misdemeanor.>
219-14 <(d) An offense under Subsection (a)(3) or (a)(4) of this
219-15 section is a felony of the third degree if it is shown on the trial
219-16 of the offense that:>
219-17 <(1) the defendant has previously been convicted under
219-18 Subsection (a)(3) or (a)(4) of this section; and>
219-19 <(2) the solicitation is performed in whole or in
219-20 part:>
219-21 <(A) in a hospital, funeral establishment, or
219-22 public or private cemetery or at the scene of an accident;>
219-23 <(B) by using a person who is an employee of:>
219-24 <(i) this state;>
219-25 <(ii) a political subdivision of this
219-26 state, including a county, municipality, or special purpose
219-27 district or authority; or>
220-1 <(iii) a hospital or funeral
220-2 establishment; or>
220-3 <(C) by impersonating a clergyman, public
220-4 employee, or emergency assistance worker or volunteer.>
220-5 (i) <(e)> Final conviction of felony barratry is a serious
220-6 crime for all purposes and acts, specifically including the State
220-7 Bar Rules and the Texas Rules of Disciplinary Procedure.
220-8 Sec. 38.13. Hindering Proceedings by Disorderly Conduct.
220-9 (a) A person commits an offense if he intentionally hinders an
220-10 official proceeding by noise or violent or tumultuous behavior or
220-11 disturbance.
220-12 (b) A person commits an offense if he recklessly hinders an
220-13 official proceeding by noise or violent or tumultuous behavior or
220-14 disturbance and continues after explicit official request to
220-15 desist.
220-16 (c) An offense under this section is a Class A misdemeanor.
220-17 Sec. 38.14. <PREVENTING EXECUTION OF CIVIL PROCESS. (a) A
220-18 person commits an offense if he intentionally or knowingly prevents
220-19 the execution of any process in a civil cause.>
220-20 <(b) It is an exception to the application of this section
220-21 that the actor evaded service of process by avoiding detection.>
220-22 <(c) An offense under this section is a Class C misdemeanor.>
220-23 <Sec. 38.15. ><Tampering with Devices Designed to Prevent
220-24 Driving While Intoxicated><. (a) In this section, "device" means a
220-25 device approved by the Department of Public Safety under Section
220-26 23A(f), Chapter 173, Acts of the 47th Legislature, Regular Session,
220-27 1941 (Article 6687b, Vernon's Texas Civil Statutes), that makes
221-1 impractical the operation of a motor vehicle if ethyl alcohol is
221-2 detected in the breath of the operator.>
221-3 <(b) A person commits an offense if the person intentionally
221-4 or knowingly, for the purpose of allowing a person who is subject
221-5 to a condition of probation under Section 6f(b), Article 42.12,
221-6 Code of Criminal Procedure, or who is subject to driver's license
221-7 restrictions under Section 23A(f) or 25(a), Chapter 173, Acts of
221-8 the 47th Legislature, Regular Session, 1941 (Article 6687b,
221-9 Vernon's Texas Civil Statutes), to operate a motor vehicle whether
221-10 or not the person is intoxicated:>
221-11 <(1) tampers with a device; or>
221-12 <(2) introduces or allows to be introduced into the
221-13 device any substance other than the deep-lung air of the
221-14 probationer or restricted operator.>
221-15 <(c) An offense under this section is a Class B misdemeanor.>
221-16 <Sec. 38.16. ><Injury to or Interference With Animal Under
221-17 Supervision of Peace Officer or Department of Corrections Employee><.
221-18 (a) A person commits an offense if, knowing that a dog, horse, or
221-19 other animal is under the supervision of a peace officer,
221-20 corrections officer, or jailer and is being used for law
221-21 enforcement, corrections, prison or jail security, or investigative
221-22 purposes, the person knowingly, intentionally, or recklessly:>
221-23 <(1) interferes with the animal; or>
221-24 <(2) injures the animal.>
221-25 <(b) An offense under this section is a Class A misdemeanor.>
221-26 <Sec. 38.17.> TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
221-27 OFFICER. (a) In this section, "firearm" has the meanings assigned
222-1 by Section 46.01 <of this code>.
222-2 (b) A person commits an offense if the person intentionally
222-3 or knowingly and with force takes or attempts to take from a peace
222-4 officer the officer's firearm, nightstick, or personal protection
222-5 chemical dispensing device with the intention of harming the
222-6 officer or a third person.
222-7 (c) The actor is presumed to have known that the peace
222-8 officer was a peace officer if the officer was wearing a
222-9 distinctive uniform or badge indicating his employment, or if the
222-10 officer identified himself as a peace officer.
222-11 (d) It is a defense to prosecution under this section that
222-12 the defendant took or attempted to take the weapon from a peace
222-13 officer who was using force against the defendant or another in
222-14 excess of the amount of force permitted by law.
222-15 (e) An offense under this section is a state jail felony <of
222-16 the third degree>.
222-17 Sec. 38.15 <38.18>. Interference With Public Duties <of
222-18 Public Servants>. (a) A person commits an offense if the person
222-19 <intentionally, knowingly, recklessly, or> with criminal negligence
222-20 interrupts, disrupts, impedes, or otherwise interferes with:
222-21 (1) a peace officer while the peace officer is
222-22 performing a duty or exercising authority imposed or granted by
222-23 law;
222-24 (2) a person who is employed to provide emergency
222-25 medical services including the transportation of ill or injured
222-26 persons while the person is performing that duty; <or>
222-27 (3) a fire fighter, while the fire fighter is fighting
223-1 a fire or investigating the cause of a fire;
223-2 (4) an animal under the supervision of a peace
223-3 officer, corrections officer, or jailer, if the person knows the
223-4 animal is being used for law enforcement, corrections, prison or
223-5 jail security, or investigative purposes; or
223-6 (5) the transmission of a communication over a
223-7 citizen's band radio channel, the purpose of which communication is
223-8 to inform or inquire about an emergency.
223-9 (b) An offense under this section is a Class B misdemeanor.
223-10 (c) It is a defense to prosecution under Subsection (a)(1)
223-11 <of this section> that the conduct engaged in by the defendant was
223-12 intended to warn a person operating a motor vehicle of the presence
223-13 of a peace officer who was enforcing the provisions of the Uniform
223-14 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
223-15 Civil Statutes).
223-16 (d) It is a defense to prosecution under this section that
223-17 the interruption, disruption, impediment, or interference alleged
223-18 consisted of speech only.
223-19 (e) In this section, "emergency" means a condition or
223-20 circumstance in which an individual is or is reasonably believed by
223-21 the person transmitting the communication to be in imminent danger
223-22 of serious bodily injury or in which property is or is reasonably
223-23 believed by the person transmitting the communication to be in
223-24 imminent danger of damage or destruction.
223-25 CHAPTER 39. ABUSE OF OFFICE
223-26 Sec. 39.01. DEFINITIONS. In this chapter:
223-27 (1) "Law relating to a public servant's office or
224-1 employment" means a law that specifically applies to a person
224-2 acting in the capacity of a public servant and that directly or
224-3 indirectly:
224-4 (A) imposes a duty on the public servant; or
224-5 (B) governs the conduct of the public servant.
224-6 (2) "Misuse" means to deal with property contrary to:
224-7 (A) an agreement under which the public servant
224-8 holds the property;
224-9 (B) a contract of employment or oath of office
224-10 of a public servant;
224-11 (C) a law, including provisions of the General
224-12 Appropriations Act specifically relating to government property,
224-13 that prescribes the manner of custody or disposition of the
224-14 property; or
224-15 (D) a limited purpose for which the property is
224-16 delivered or received.
224-17 Sec. 39.02. ABUSE OF OFFICIAL CAPACITY <MISCONDUCT>. (a) A
224-18 public servant commits an offense if, with intent to obtain a
224-19 benefit or with intent to harm or defraud another, he intentionally
224-20 or knowingly:
224-21 (1) violates a law relating to the public servant's
224-22 <his> office or employment; or
224-23 (2) misuses government property, services, personnel,
224-24 or <misapplies> any other thing of value belonging to the
224-25 government that has come into the public servant's <his> custody or
224-26 possession by virtue of the public servant's <his> office or
224-27 employment.
225-1 (b) An offense under Subsection (a)(1) <of this section> is
225-2 a Class A misdemeanor.
225-3 (c) An offense under Subsection (a)(2) <of this section> is:
225-4 (1) a Class C misdemeanor if the value of the use of
225-5 the thing misused <misapplied> is less than $20;
225-6 (2) a Class B misdemeanor if the value of the use of
225-7 the thing misused <misapplied> is $20 or more but less than $500
225-8 <$200>;
225-9 (3) a Class A misdemeanor if the value of the use of
225-10 the thing misused <misapplied> is $500 <$200> or more but less than
225-11 $1,500 <$750>;
225-12 (4) a state jail felony <of the third degree> if the
225-13 value of the use of the thing misused <misapplied> is $1,500 <$750>
225-14 or more but less than $20,000;
225-15 (5) a felony of the third degree if the value of the
225-16 use of the thing misused is $20,000 or more but less than $100,000;
225-17 <and>
225-18 (6) <(5)> a felony of the second degree if the value
225-19 of the use of the thing misused <misapplied> is $100,000 <$20,000>
225-20 or more but less than $200,000; or
225-21 (7) a felony of the first degree if the value of the
225-22 use of the thing misused is $200,000 or more.
225-23 (d) A discount or award given for travel, such as frequent
225-24 flyer miles, rental car or hotel discounts, or food coupons, are
225-25 not things of value belonging to the government for purposes of
225-26 this section due to the administrative difficulty and cost involved
225-27 in recapturing the discount or award for a governmental entity.
226-1 Sec. 39.03 <39.02>. Official Oppression. (a) A public
226-2 servant acting under color of his office or employment commits an
226-3 offense if he:
226-4 (1) intentionally subjects another to mistreatment or
226-5 to arrest, detention, search, seizure, dispossession, assessment,
226-6 or lien that he knows is unlawful;
226-7 (2) intentionally denies or impedes another in the
226-8 exercise or enjoyment of any right, privilege, power, or immunity,
226-9 knowing his conduct is unlawful; or
226-10 (3) intentionally subjects another to sexual
226-11 harassment.
226-12 (b) For purposes of this section, a public servant acts
226-13 under color of his office or employment if he acts or purports to
226-14 act in an official capacity or takes advantage of such actual or
226-15 purported capacity.
226-16 (c) In this section, "sexual harassment" means unwelcome
226-17 sexual advances, requests for sexual favors, or other verbal or
226-18 physical conduct of a sexual nature, submission to which is made a
226-19 term or condition of a person's exercise or enjoyment of any right,
226-20 privilege, power, or immunity, either explicitly or implicitly.
226-21 (d) An offense under this section is a Class A misdemeanor.
226-22 Sec. 39.04 <39.021>. VIOLATIONS OF THE CIVIL RIGHTS OF
226-23 PERSON IN CUSTODY <A PRISONER>. (a) An official or employee of <A
226-24 jailer or guard employed at a municipal or county jail, by the
226-25 Texas Department of Corrections, or by> a correctional facility
226-26 <authorized by Article 5115d, Revised Statutes, or Article 6166g-2,
226-27 Revised Statutes,> or a peace officer commits an offense if he<:>
227-1 <(1)> intentionally <subjects a person in custody to
227-2 bodily injury knowing his conduct is unlawful;>
227-3 <(2) willfully> denies or impedes a person in custody
227-4 in the exercise or enjoyment of any right, privilege, or immunity
227-5 knowing his conduct is unlawful.
227-6 (b) An offense under this section is a Class A misdemeanor
227-7 <felony of the third degree. An offense under this section is a
227-8 felony of the second degree if serious bodily injury occurs or a
227-9 felony of the first degree if death occurs>.
227-10 (c) This section shall not preclude prosecution for any
227-11 other offense set out in this code.
227-12 (d) The Attorney General of Texas shall have concurrent
227-13 jurisdiction with law enforcement agencies to investigate
227-14 violations of this statute involving serious bodily injury or
227-15 death.
227-16 (e) In this section, "custody" means the detention, arrest,
227-17 or confinement of a person.
227-18 Sec. 39.05 <39.022>. Failure to Report Death of Prisoner.
227-19 (a) A person commits an offense if the person is required to
227-20 conduct an investigation and file a report by Article 49.18
227-21 <49.08(b)>, Code of Criminal Procedure, <1965,> and the person
227-22 fails to investigate the death, fails to file the report as
227-23 required, or fails to include in a filed report facts known or
227-24 discovered in the investigation.
227-25 (b) An offense under this section is a Class B misdemeanor.
227-26 Sec. 39.06 <39.03>. Misuse of Official Information. (a) A
227-27 public servant commits an offense if, in reliance on information to
228-1 which he has access by virtue of his office or employment <in his
228-2 official capacity> and that <which> has not been made public, he:
228-3 (1) acquires or aids another to acquire a pecuniary
228-4 interest in any property, transaction, or enterprise that may be
228-5 affected by the information; <or>
228-6 (2) speculates or aids another to speculate on the
228-7 basis of the information; or
228-8 (3) as a public servant, including as a principal of a
228-9 school, coerces another into suppressing or failing to report that
228-10 information to a law enforcement agency.
228-11 (b) A public servant <who is a judge, justice, intern,
228-12 participant in a court-approved history project, or employee of an
228-13 appellate court> commits an offense if with intent to obtain a
228-14 benefit or with intent to harm or defraud another, he discloses or
228-15 uses information for a nongovernmental purpose that:
228-16 (1) he has access to by means of his office or
228-17 employment; and
228-18 (2) has not been made public <he intentionally or
228-19 knowingly reveals the result or content of a proposed or actual
228-20 appellate judicial decision or opinion to any person other than a
228-21 judge, justice, or employee, intern, or participant in a
228-22 court-approved history project under suitable supervision of the
228-23 same appellate court prior to its release as a public record or
228-24 announcement to all parties of interest on an equal basis>.
228-25 (c) A person commits an offense if, with intent to obtain a
228-26 benefit or with intent to harm or defraud another, he
228-27 <intentionally or knowingly> solicits or receives from a public
229-1 servant information that:
229-2 (1) the public servant has access to by means of his
229-3 office or employment; and
229-4 (2) has not been made public <the result or content of
229-5 a proposed or actual appellate judicial decision or opinion prior
229-6 to the rendition of judgment, when the person knows that the
229-7 content or result of such order or opinion has not been disclosed
229-8 to the opposing party or parties>.
229-9 (d) In this section, "information that has not been made
229-10 public" means any information to which the public does not
229-11 generally have access, and that is prohibited from disclosure under
229-12 Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
229-13 (Article 6252-17a, Vernon's Texas Civil Statutes).
229-14 (e) Except as provided by Subsection (f), an <An> offense
229-15 under this section is a felony of the third degree.
229-16 (f) An offense under Subsection (a)(3) is a Class C
229-17 misdemeanor.
229-18 TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
229-19 CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
229-20 Sec. 42.01. Disorderly Conduct. (a) A person commits an
229-21 offense if he intentionally or knowingly:
229-22 (1) uses abusive, indecent, profane, or vulgar
229-23 language in a public place, and the language by its very utterance
229-24 tends to incite an immediate breach of the peace;
229-25 (2) makes an offensive gesture or display in a public
229-26 place, and the gesture or display tends to incite an immediate
229-27 breach of the peace;
230-1 (3) creates, by chemical means, a noxious and
230-2 unreasonable odor in a public place;
230-3 (4) abuses or threatens a person in a public place in
230-4 an obviously offensive manner;
230-5 (5) makes unreasonable noise in a public place other
230-6 than a sport shooting range, as defined by Section 250.001, Local
230-7 Government Code, or in or near a private residence that he has no
230-8 right to occupy;
230-9 (6) fights with another in a public place;
230-10 (7) enters on the property of another and for a lewd
230-11 or unlawful purpose looks into a dwelling on the property through
230-12 any window or other opening in the dwelling;
230-13 (8) while on the premises of a hotel or comparable
230-14 establishment, for a lewd or unlawful purpose looks into a guest
230-15 room not his own through a window or other opening in the room;
230-16 (9) discharges a firearm in a public place other than
230-17 a public road or a sport shooting range, as defined by Section
230-18 250.001, Local Government Code;
230-19 (10) displays a firearm or other deadly weapon in a
230-20 public place in a manner calculated to alarm;
230-21 (11) discharges a firearm on or across a public road;
230-22 or
230-23 (12) exposes his anus or genitals in a public place
230-24 and is reckless about whether another may be present who will be
230-25 offended or alarmed by his act.
230-26 (b) It is a defense to prosecution under Subsection (a)(4)
230-27 <of this section> that the actor had significant provocation for
231-1 his abusive or threatening conduct.
231-2 (c) For purposes of this section, an act is deemed to occur
231-3 in a public place or near a private residence if it produces its
231-4 offensive or proscribed consequences in the public place or near a
231-5 private residence.
231-6 (d) An offense under this section is a Class C misdemeanor
231-7 unless committed under Subsection (a)(9) or (a)(10) <of this
231-8 section>, in which event it is a Class B misdemeanor<; and further
231-9 provide that a person who violates Subsection (a)(11) is guilty of
231-10 a misdemeanor and on a first conviction is punishable by a fine of
231-11 not less than $25 nor more than $200, on a second conviction is
231-12 punishable by a fine of not less than $200 nor more than $500, and
231-13 on a third or subsequent conviction is punishable by a fine of
231-14 $500>.
231-15 Sec. 42.02. Riot. (a) For the purpose of this section,
231-16 "riot" means the assemblage of seven or more persons resulting in
231-17 conduct which:
231-18 (1) creates an immediate danger of damage to property
231-19 or injury to persons;
231-20 (2) substantially obstructs law enforcement or other
231-21 governmental functions or services; or
231-22 (3) by force, threat of force, or physical action
231-23 deprives any person of a legal right or disturbs any person in the
231-24 enjoyment of a legal right.
231-25 (b) A person commits an offense if he knowingly participates
231-26 in a riot.
231-27 (c) It is a defense to prosecution under this section that
232-1 the assembly was at first lawful and when one of those assembled
232-2 manifested an intent to engage in conduct enumerated in Subsection
232-3 (a) <of this section>, the actor retired from the assembly.
232-4 (d) It is no defense to prosecution under this section that
232-5 another who was a party to the riot has been acquitted, has not
232-6 been arrested, prosecuted, or convicted, has been convicted of a
232-7 different offense or of a different type or class of offense, or is
232-8 immune from prosecution.
232-9 (e) Except as provided in Subsection (f) <of this section>,
232-10 an offense under this section is a Class B misdemeanor.
232-11 (f) An offense under this section is an offense of the same
232-12 classification as any offense of a higher grade committed by anyone
232-13 engaged in the riot if the offense was:
232-14 (1) in the furtherance of the purpose of the assembly;
232-15 or
232-16 (2) an offense which should have been anticipated as a
232-17 result of the assembly.
232-18 Sec. 42.03. Obstructing Highway or Other Passageway. (a) A
232-19 person commits an offense if, without legal privilege or authority,
232-20 he intentionally, knowingly, or recklessly:
232-21 (1) obstructs a highway, street, sidewalk, railway,
232-22 waterway, elevator, aisle, hallway, entrance, or exit to which the
232-23 public or a substantial group of the public has access, or any
232-24 other place used for the passage of persons, vehicles, or
232-25 conveyances, regardless of the means of creating the obstruction
232-26 and whether the obstruction arises from his acts alone or from his
232-27 acts and the acts of others; or
233-1 (2) disobeys a reasonable request or order to move
233-2 issued by a person the actor knows to be or is informed is a peace
233-3 officer, a fireman, or a person with authority to control the use
233-4 of the premises:
233-5 (A) to prevent obstruction of a highway or any
233-6 of those areas mentioned in Subdivision (1) <of this subsection>;
233-7 or
233-8 (B) to maintain public safety by dispersing
233-9 those gathered in dangerous proximity to a fire, riot, or other
233-10 hazard.
233-11 (b) For purposes of this section, "obstruct" means to render
233-12 impassable or to render passage unreasonably inconvenient or
233-13 hazardous.
233-14 (c) An offense under this section is a Class B misdemeanor.
233-15 Sec. 42.04. Defense When Conduct Consists of Speech or Other
233-16 Expression. (a) If conduct that would otherwise violate Section
233-17 42.01(a)(5) (Unreasonable Noise) or 42.03 (Obstructing Passageway)
233-18 <of this code> consists of speech or other communication, of
233-19 gathering with others to hear or observe such speech or
233-20 communication, or of gathering with others to picket or otherwise
233-21 express in a nonviolent manner a position on social, economic,
233-22 political, or religious questions, the actor must be ordered to
233-23 move, disperse, or otherwise remedy the violation prior to his
233-24 arrest if he has not yet intentionally harmed the interests of
233-25 others which those sections seek to protect.
233-26 (b) The order required by this section may be given by a
233-27 peace officer, a fireman, a person with authority to control the
234-1 use of the premises, or any person directly affected by the
234-2 violation.
234-3 (c) It is a defense to prosecution under Section 42.01(a)(5)
234-4 or 42.03 <of this code>:
234-5 (1) that in circumstances in which this section
234-6 requires an order no order was given;
234-7 (2) that an order, if given, was manifestly
234-8 unreasonable in scope; or
234-9 (3) that an order, if given, was promptly obeyed.
234-10 Sec. 42.05. Disrupting Meeting or Procession. (a) A person
234-11 commits an offense if, with intent to prevent or disrupt a lawful
234-12 meeting, procession, or gathering, he obstructs or interferes with
234-13 the meeting, procession, or gathering by physical action or verbal
234-14 utterance.
234-15 (b) An offense under this section is a Class B misdemeanor.
234-16 Sec. 42.06. False Alarm or Report. (a) A person commits an
234-17 offense if he knowingly initiates, communicates or circulates a
234-18 report of a present, past, or future bombing, fire, offense, or
234-19 other emergency that he knows is false or baseless and that would
234-20 ordinarily:
234-21 (1) cause action by an official or volunteer agency
234-22 organized to deal with emergencies;
234-23 (2) place a person in fear of imminent serious bodily
234-24 injury; or
234-25 (3) prevent or interrupt the occupation of a building,
234-26 room, place of assembly, place to which the public has access, or
234-27 aircraft, automobile, or other mode of conveyance.
235-1 (b) An offense under this section is a Class A misdemeanor
235-2 unless the false report is of an emergency involving a public
235-3 primary or secondary school, public communications, public
235-4 transportation, public water, gas, or power supply or other public
235-5 service, in which event the offense is a state jail felony <of the
235-6 third degree>.
235-7 Sec. 42.061. Silent or Abusive Calls to 9-1-1 Service.
235-8 (a) In this section "9-1-1 service" and "public safety answering
235-9 point" or "PSAP" have the meanings assigned by Section 772.001,
235-10 Health and Safety Code.
235-11 (b) A person commits an offense if the person makes a
235-12 telephone call to 9-1-1 when there is not an emergency and
235-13 knowingly or intentionally:
235-14 (1) remains silent; or
235-15 (2) makes abusive or harassing statements to a PSAP
235-16 employee.
235-17 (c) A person commits an offense if the person knowingly
235-18 permits a telephone under the person's control to be used by
235-19 another person in a manner described in Subsection (b) <of this
235-20 section>.
235-21 (d) An offense under this section is a Class B misdemeanor<,
235-22 unless it is shown on the trial of a defendant that the defendant
235-23 has been previously convicted under this section, in which event
235-24 the offense is a Class A misdemeanor>.
235-25 Sec. 42.07. HARASSMENT. (a) A person commits an offense
235-26 if, with intent to harass, annoy, alarm, abuse, torment, or
235-27 embarrass another, he:
236-1 (1) initiates communication by telephone or in writing
236-2 and in the course of the communication makes a comment, request,
236-3 suggestion, or proposal that is obscene;
236-4 (2) threatens, by telephone or in writing, in a manner
236-5 reasonably likely to alarm the person receiving the threat, to
236-6 inflict bodily injury on the person or to commit a felony against
236-7 the person, a member of his family, or his property;
236-8 (3) conveys, in a manner reasonably likely to alarm
236-9 the person receiving the report, a false report, which is known by
236-10 the conveyor to be false, that another person has suffered death or
236-11 serious bodily injury;
236-12 (4) causes the telephone of another to ring repeatedly
236-13 or makes repeated telephone communications anonymously or in a
236-14 manner reasonably likely to harass, annoy, alarm, abuse, torment,
236-15 embarrass, or offend another;
236-16 (5) makes a telephone call and intentionally fails to
236-17 hang up or disengage the connection;
236-18 (6) knowingly permits a telephone under his control to
236-19 be used by a person to commit an offense under this section; or
236-20 (7)(A) on more than one occasion engages in conduct
236-21 directed specifically toward the other person, including following
236-22 that person, that is reasonably likely to harass, annoy, alarm,
236-23 abuse, torment, or embarrass that person;
236-24 (B) on at least one of those occasions by acts
236-25 or words threatens to inflict bodily injury on that person or to
236-26 commit an offense against that person, a member of that person's
236-27 family, or that person's property; and
237-1 (C) on at least one of those occasions engages
237-2 in the conduct after the person toward whom the conduct is
237-3 specifically directed has reported to a law enforcement agency the
237-4 conduct described by this subdivision.
237-5 (b) For purposes of Subsection (a)(1) <of this section>,
237-6 "obscene" means containing a patently offensive description of or a
237-7 solicitation to commit an ultimate sex act, including sexual
237-8 intercourse, masturbation, cunnilingus, fellatio, or anilingus, or
237-9 a description of an excretory function. In this section, "family"
237-10 has the meaning assigned by Section 71.01, Family Code.
237-11 (c) An offense under Subsections (a)(1)-(a)(6) <of this
237-12 section> is a Class B misdemeanor.
237-13 (d) An offense under Subsection (a)(7) <of this section> is
237-14 a Class A misdemeanor, except that the offense is a felony of the
237-15 third degree if the actor has previously been convicted under
237-16 Subsection (a)(7) <of this section>.
237-17 (e) It is an affirmative defense to prosecution under
237-18 Subsection (a)(7) <of this section> that the actor was engaged in
237-19 conduct that consisted of activity in support of constitutionally
237-20 or statutorily protected rights.
237-21 Sec. 42.08. <PUBLIC INTOXICATION. (a) An individual
237-22 commits an offense if the individual appears in a public place
237-23 under the influence of alcohol or any other substance, to the
237-24 degree that the individual may endanger himself or another.>
237-25 <(b) In lieu of arresting an individual who commits an
237-26 offense under Subsection (a) of this section, a peace officer may
237-27 release an individual if:>
238-1 <(1) the officer believes detention in a penal
238-2 facility is unnecessary for the protection of the individual or
238-3 others; and>
238-4 <(2) the individual:>
238-5 <(A) is released to the care of an adult who
238-6 agrees to assume responsibility for the individual; or>
238-7 <(B) verbally consents to voluntary treatment
238-8 for chemical dependency in a program in a treatment facility
238-9 licensed and approved by the Texas Commission on Alcohol and Drug
238-10 Abuse, and the program admits the individual for treatment.>
238-11 <(c) A magistrate may release from custody an individual
238-12 arrested under this section if the magistrate determines the
238-13 individual meets the conditions required for release in lieu of
238-14 arrest under Subsection (b) of this section.>
238-15 <(d) The release of an individual under Subsection (b) or
238-16 (c) of this section to an alcohol or drug treatment program may not
238-17 be considered by a peace officer or magistrate in determining
238-18 whether the individual should be released to such a program for a
238-19 subsequent incident or arrest under this section.>
238-20 <(e) A peace officer and the agency or political subdivision
238-21 that employs the peace officer may not be held liable for damage to
238-22 persons or property that results from the actions of an individual
238-23 released under Subsection (b) or (c) of this section.>
238-24 <(f) It is a defense to prosecution under this section that
238-25 the alcohol or other substance was administered for therapeutic
238-26 purposes and as a part of the individual's professional medical
238-27 treatment by a licensed physician.>
239-1 <(g) An offense under this section is not a lesser included
239-2 offense of an offense under Article 6701l-1, Revised Statutes.>
239-3 <(h) An offense under this section is a Class C misdemeanor.>
239-4 <Sec. 42.09. DESECRATION OF VENERATED OBJECT. (a) A person
239-5 commits an offense if he intentionally or knowingly desecrates:>
239-6 <(1) a public monument; or>
239-7 <(2) a place of worship or burial.>
239-8 <(b) For purposes of this section, "desecrate" means deface,
239-9 damage, or otherwise physically mistreat in a way that the actor
239-10 knows will seriously offend one or more persons likely to observe
239-11 or discover his action.>
239-12 <(c) Except as provided by Subsection (d) of this section,
239-13 an offense under this section is a Class A misdemeanor.>
239-14 <(d) An offense under this section is a felony of the third
239-15 degree if a place of worship or burial is desecrated.>
239-16 <Sec. 42.10.> Abuse of Corpse. (a) A person commits an
239-17 offense if, not authorized by law, he intentionally or knowingly:
239-18 (1) disinters, disturbs, removes, dissects, in whole
239-19 or in part, carries away, or treats in a seriously offensive manner
239-20 a human corpse;
239-21 (2) conceals a human corpse knowing it to be illegally
239-22 disinterred;
239-23 (3) sells or buys a human corpse or in any way
239-24 traffics in a human corpse; or
239-25 (4) transmits or conveys, or procures to be
239-26 transmitted or conveyed, a human corpse to a place outside the
239-27 state.
240-1 (b) An offense under this section is a Class A misdemeanor.
240-2 Sec. 42.09 <42.11>. Cruelty to Animals. (a) A person
240-3 commits an offense if he intentionally or knowingly:
240-4 (1) tortures or seriously overworks an animal;
240-5 (2) fails unreasonably to provide necessary food,
240-6 care, or shelter for an animal in his custody;
240-7 (3) abandons unreasonably an animal in his custody;
240-8 (4) transports or confines an animal in a cruel
240-9 manner;
240-10 (5) kills, injures, or administers poison to an
240-11 animal, other than cattle, horses, sheep, swine, or goats,
240-12 belonging to another without legal authority or the owner's
240-13 effective consent;
240-14 (6) causes one animal to fight with another; or
240-15 (7) uses a live animal as a lure in dog race training
240-16 or in dog coursing on a racetrack.
240-17 (b) It is a defense to prosecution under this section that
240-18 the actor was engaged in bona fide experimentation for scientific
240-19 research.
240-20 (c) For purposes of this section, "animal" means a
240-21 domesticated living creature and wild living creature previously
240-22 captured. "Animal" does not include an uncaptured wild creature or
240-23 a wild creature whose capture was accomplished by conduct at issue
240-24 under this section.
240-25 (d) An offense under this section is a Class A misdemeanor.
240-26 (e) It is a defense to prosecution under Subsection (a)(5)
240-27 <of this section> that the animal was discovered on the person's
241-1 property in the act of or immediately after injuring or killing the
241-2 person's goats, sheep, cattle, horses, swine, or poultry and that
241-3 the person killed or injured the animal at the time of this
241-4 discovery.
241-5 Sec. 42.10 <42.111>. Dog Fighting. (a) A person commits an
241-6 offense if he intentionally or knowingly:
241-7 (1) causes a dog to fight with another dog;
241-8 (2) for a pecuniary benefit causes a dog to fight with
241-9 another dog;
241-10 (3) participates in the earnings of or operates a
241-11 facility used for dog fighting;
241-12 (4) uses or permits another to use any real estate,
241-13 building, room, tent, arena, or other property for dog fighting;
241-14 (5) owns or trains a dog with the intent that the dog
241-15 be used in an exhibition of dog fighting; or
241-16 (6) attends as a spectator an exhibition of dog
241-17 fighting.
241-18 (b) In this section, "dog fighting" means any situation in
241-19 which one dog attacks or fights with another dog.
241-20 (c) <A party to an offense under Subdivision (2), (3), or
241-21 (4) of Subsection (a) of this section may be required to furnish
241-22 evidence or testify about the offense but may not be prosecuted for
241-23 the offense about which he is required to furnish evidence or
241-24 testify.>
241-25 <(d)> A conviction under Subdivision (2), (3), or (4) of
241-26 Subsection (a) <of this section> may be had upon the uncorroborated
241-27 testimony of a party to the offense.
242-1 (d) <(e)> It is a defense to prosecution under Subdivision
242-2 (1) or (2) of Subsection (a) <of this section> that the actor
242-3 caused a dog to fight with another dog to protect livestock, other
242-4 property, or a person from the other dog, and for no other purpose.
242-5 (e) <(f)> An offense under Subdivision (1) or (5) of
242-6 Subsection (a) <of this section> is a Class A misdemeanor. An
242-7 offense under Subdivision (2), (3), or (4) of Subsection (a) <of
242-8 this section> is a state jail felony <of the third degree>. An
242-9 offense under Subdivision (6) of Subsection (a) <of this section>
242-10 is a Class C misdemeanor.
242-11 <Sec. 42.13. ><Interference with Emergency Communication><.
242-12 (a) A person commits an offense if the person intentionally,
242-13 knowingly, recklessly, or with criminal negligence interrupts,
242-14 disrupts, impedes, or otherwise interferes with the transmission of
242-15 a communication over a citizen's band radio channel, the purpose of
242-16 which communication is to inform or inquire about an emergency.>
242-17 <(b) In this section, "emergency" means a condition or
242-18 circumstance in which an individual is or is reasonably believed
242-19 by the person transmitting the communication to be in imminent
242-20 danger of serious bodily injury or in which property is or is
242-21 reasonably believed by the person transmitting the communication to
242-22 be in imminent danger of damage or destruction.>
242-23 <(c) An offense under this section is a Class B misdemeanor
242-24 unless, as a result of the commission of the offense, serious
242-25 bodily injury or property loss in excess of $1,000 occurs, in which
242-26 event the offense is a felony of the third degree.>
242-27 Sec. 42.11 <42.14>. Destruction of Flag. (a) A person
243-1 commits an offense if the person intentionally or knowingly
243-2 damages, defaces, mutilates, or burns the flag of the United States
243-3 or the State of Texas.
243-4 (b) In this section, "flag" means an emblem, banner, or
243-5 other standard or a copy of an emblem, standard, or banner that is
243-6 an official or commonly recognized depiction of the flag of the
243-7 United States or of this state and is capable of being flown from a
243-8 staff of any character or size. The term does not include a
243-9 representation of a flag on a written or printed document, a
243-10 periodical, stationery, a painting or photograph, or an article of
243-11 clothing or jewelry.
243-12 (c) It is an exception to the application of this section
243-13 that the act that would otherwise constitute an offense is done in
243-14 conformity with statutes of the United States or of this state
243-15 relating to the proper disposal of damaged flags.
243-16 (d) An offense under this section is a Class A misdemeanor.
243-17 CHAPTER 43. PUBLIC INDECENCY
243-18 SUBCHAPTER A. PROSTITUTION
243-19 Sec. 43.01. DEFINITIONS. In this subchapter:
243-20 (1) "Deviate sexual intercourse" means any contact
243-21 between the genitals of one person and the mouth or anus of another
243-22 person.
243-23 (2) "Prostitution" means the offense defined in
243-24 Section 43.02 <of this code>.
243-25 (3) "Sexual contact" means any touching of the anus,
243-26 breast, or any part of the genitals of another person with intent
243-27 to arouse or gratify the sexual desire of any person.
244-1 (4) "Sexual conduct" includes deviate sexual
244-2 intercourse, sexual contact, and sexual intercourse.
244-3 (5) "Sexual intercourse" means any penetration of the
244-4 female sex organ by the male sex organ.
244-5 Sec. 43.02. PROSTITUTION. (a) A person commits an offense
244-6 if he knowingly:
244-7 (1) offers to engage, agrees to engage, or engages in
244-8 sexual conduct for a fee; or
244-9 (2) solicits another in a public place to engage with
244-10 him in sexual conduct for hire.
244-11 (b) An offense is established under Subsection (a)(1) <of
244-12 this section> whether the actor is to receive or pay a fee. An
244-13 offense is established under Subsection (a)(2) <of this section>
244-14 whether the actor solicits a person to hire him or offers to hire
244-15 the person solicited.
244-16 (c) An offense under this section is a Class B misdemeanor,
244-17 unless the actor has been convicted previously under this section,
244-18 in which event it is a Class A misdemeanor.
244-19 Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person
244-20 commits an offense if, acting other than as a prostitute receiving
244-21 compensation for personally rendered prostitution services, he or
244-22 she knowingly:
244-23 (1) receives money or other property pursuant to an
244-24 agreement to participate in the proceeds of prostitution; or
244-25 (2) solicits another to engage in sexual conduct with
244-26 another person for compensation.
244-27 (b) An offense under this section is a Class A misdemeanor.
245-1 Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A
245-2 person commits an offense if he knowingly owns, invests in,
245-3 finances, controls, supervises, or manages a prostitution
245-4 enterprise that uses two or more prostitutes.
245-5 (b) An offense under this section is a felony of the third
245-6 degree.
245-7 Sec. 43.05. COMPELLING PROSTITUTION. (a) A person commits
245-8 an offense if he knowingly:
245-9 (1) causes another by force, threat, or fraud to
245-10 commit prostitution; or
245-11 (2) causes by any means a person younger than 17 years
245-12 to commit prostitution.
245-13 (b) An offense under this section is a felony of the second
245-14 degree.
245-15 Sec. 43.06. ACCOMPLICE WITNESS: TESTIMONY AND IMMUNITY.
245-16 (a) A party to an offense under this subchapter may be required to
245-17 furnish evidence or testify about the offense.
245-18 (b) A party to an offense under this subchapter may not be
245-19 prosecuted for any offense about which he is required to furnish
245-20 evidence or testify, and the evidence and testimony may not be used
245-21 against the party in any adjudicatory proceeding except a
245-22 prosecution for aggravated perjury.
245-23 (c) For purposes of this section, "adjudicatory proceeding"
245-24 means a proceeding before a court or any other agency of government
245-25 in which the legal rights, powers, duties, or privileges of
245-26 specified parties are determined.
245-27 (d) A conviction under this subchapter may be had upon the
246-1 uncorroborated testimony of a party to the offense.
246-2 (Sections 43.07 to 43.20 reserved for expansion)
246-3 SUBCHAPTER B. OBSCENITY
246-4 Sec. 43.21. DEFINITIONS. (a) In this subchapter:
246-5 (1) "Obscene" means material or a performance that:
246-6 (A) the average person, applying contemporary
246-7 community standards, would find that taken as a whole appeals to
246-8 the prurient interest in sex;
246-9 (B) depicts or describes:
246-10 (i) patently offensive representations or
246-11 descriptions of ultimate sexual acts, normal or perverted, actual
246-12 or simulated, including sexual intercourse, sodomy, and sexual
246-13 bestiality; or
246-14 (ii) patently offensive representations or
246-15 descriptions of masturbation, excretory functions, sadism,
246-16 masochism, lewd exhibition of the genitals, the male or female
246-17 genitals in a state of sexual stimulation or arousal, covered male
246-18 genitals in a discernibly turgid state or a device designed and
246-19 marketed as useful primarily for stimulation of the human genital
246-20 organs; and
246-21 (C) taken as a whole, lacks serious literary,
246-22 artistic, political, and scientific value.
246-23 (2) "Material" means anything tangible that is capable
246-24 of being used or adapted to arouse interest, whether through the
246-25 medium of reading, observation, sound, or in any other manner, but
246-26 does not include an actual three dimensional obscene device.
246-27 (3) "Performance" means a play, motion picture, dance,
247-1 or other exhibition performed before an audience.
247-2 (4) "Patently offensive" means so offensive on its
247-3 face as to affront current community standards of decency.
247-4 (5) "Promote" means to manufacture, issue, sell, give,
247-5 provide, lend, mail, deliver, transfer, transmit, publish,
247-6 distribute, circulate, disseminate, present, exhibit, or advertise,
247-7 or to offer or agree to do the same.
247-8 (6) "Wholesale promote" means to manufacture, issue,
247-9 sell, provide, mail, deliver, transfer, transmit, publish,
247-10 distribute, circulate, disseminate, or to offer or agree to do the
247-11 same for purpose of resale.
247-12 (7) "Obscene device" means a device including a dildo
247-13 or artificial vagina, designed or marketed as useful primarily for
247-14 the stimulation of human genital organs.
247-15 (b) If any of the depictions or descriptions of sexual
247-16 conduct described in this section are declared by a court of
247-17 competent jurisdiction to be unlawfully included herein, this
247-18 declaration shall not invalidate this section as to other patently
247-19 offensive sexual conduct included herein.
247-20 Sec. 43.22. OBSCENE DISPLAY OR DISTRIBUTION. (a) A person
247-21 commits an offense if he intentionally or knowingly displays or
247-22 distributes an obscene photograph, drawing, or similar visual
247-23 representation or other obscene material and is reckless about
247-24 whether a person is present who will be offended or alarmed by the
247-25 display or distribution.
247-26 (b) An offense under this section is a Class C misdemeanor.
247-27 Sec. 43.23. OBSCENITY. (a) A person commits an offense if,
248-1 knowing its content and character, he wholesale promotes or
248-2 possesses with intent to wholesale promote any obscene material or
248-3 obscene device.
248-4 (b) An offense under Subsection (a) <of this section> is a
248-5 state jail felony <of the third degree>.
248-6 (c) A person commits an offense if, knowing its content and
248-7 character, he:
248-8 (1) promotes or possesses with intent to promote any
248-9 obscene material or obscene device; or
248-10 (2) produces, presents, or directs an obscene
248-11 performance or participates in a portion thereof that is obscene or
248-12 that contributes to its obscenity.
248-13 (d) An offense under Subsection (c) <of this section> is a
248-14 Class A misdemeanor.
248-15 (e) A person who promotes or wholesale promotes obscene
248-16 material or an obscene device or possesses the same with intent to
248-17 promote or wholesale promote it in the course of his business is
248-18 presumed to do so with knowledge of its content and character.
248-19 (f) A person who possesses six or more obscene devices or
248-20 identical or similar obscene articles is presumed to possess them
248-21 with intent to promote the same.
248-22 (g) It is an affirmative defense to prosecution under this
248-23 section that the <This section does not apply to a> person who
248-24 possesses or promotes <distributes obscene> material or a device
248-25 proscribed <obscene devices or participates in conduct otherwise
248-26 prescribed> by this section does so for a bona fide medical,
248-27 psychiatric, judicial, legislative, <when the possession,
249-1 participation,> or <conduct occurs in the course of> law
249-2 enforcement purpose <activities>.
249-3 Sec. 43.24. Sale, Distribution, or Display of Harmful
249-4 Material to Minor. (a) For purposes of this section:
249-5 (1) "Minor" means an individual younger than 18 <17>
249-6 years.
249-7 (2) "Harmful material" means material whose dominant
249-8 theme taken as a whole:
249-9 (A) appeals to the prurient interest of a minor,
249-10 in sex, nudity, or excretion;
249-11 (B) is patently offensive to prevailing
249-12 standards in the adult community as a whole with respect to what is
249-13 suitable for minors; and
249-14 (C) is utterly without redeeming social value
249-15 for minors.
249-16 (b) A person commits an offense if, knowing that the
249-17 material is harmful:
249-18 (1) and knowing the person is a minor, he sells,
249-19 distributes, exhibits, or possesses for sale, distribution, or
249-20 exhibition to a minor harmful material;
249-21 (2) he displays harmful material and is reckless about
249-22 whether a minor is present who will be offended or alarmed by the
249-23 display; or
249-24 (3) he hires, employs, or uses a minor to do or
249-25 accomplish or assist in doing or accomplishing any of the acts
249-26 prohibited in Subsection (b)(1) or (b)(2) <of this section>.
249-27 (c) It is a defense to prosecution under this section that:
250-1 (1) the sale, distribution, or exhibition was by a
250-2 person having scientific, educational, governmental, or other
250-3 similar justification; or
250-4 (2) the sale, distribution, or exhibition was to a
250-5 minor who was accompanied by a consenting parent, guardian, or
250-6 spouse.
250-7 (d) An offense under this section is a Class A misdemeanor
250-8 unless it is committed under Subsection (b)(3) <of this section> in
250-9 which event it is a felony of the third degree.
250-10 Sec. 43.25. Sexual Performance by a Child. (a) In this
250-11 section:
250-12 (1) "Sexual performance" means any performance or part
250-13 thereof that includes sexual conduct by a child younger than 18
250-14 <17> years of age.
250-15 (2) "Sexual conduct" means actual or simulated sexual
250-16 intercourse, deviate sexual intercourse, sexual bestiality,
250-17 masturbation, sado-masochistic abuse, or lewd exhibition of the
250-18 genitals.
250-19 (3) "Performance" means any play, motion picture,
250-20 photograph, dance, or other visual representation that can be
250-21 exhibited before an audience of one or more persons.
250-22 (4) "Produce" with respect to a sexual performance
250-23 includes any conduct that directly contributes to the creation or
250-24 manufacture of the sexual performance.
250-25 (5) "Promote" means to procure, manufacture, issue,
250-26 sell, give, provide, lend, mail, deliver, transfer, transmit,
250-27 publish, distribute, circulate, disseminate, present, exhibit, or
251-1 advertise or to offer or agree to do any of the above.
251-2 (6) "Simulated" means the explicit depiction of sexual
251-3 conduct that creates the appearance of actual sexual conduct and
251-4 during which a person engaging in the conduct exhibits any
251-5 uncovered portion of the breasts, genitals, or buttocks.
251-6 (7) "Deviate sexual intercourse" has the meaning
251-7 defined by Section 43.01 <of this code>.
251-8 <(8) "Sado-masochistic abuse" has the meaning defined
251-9 by Section 43.24 of this code.>
251-10 (b) A person commits an offense if, knowing the character
251-11 and content thereof, he employs, authorizes, or induces a child
251-12 younger than 18 <17> years of age to engage in sexual conduct or a
251-13 sexual performance. A parent or legal guardian or custodian of a
251-14 child younger than 18 <17> years of age commits an offense if he
251-15 consents to the participation by the child in a sexual performance.
251-16 (c) An offense under Subsection (b) <of this section> is a
251-17 felony of the second degree.
251-18 (d) A person commits an offense if, knowing the character
251-19 and content of the material, he produces, directs, or promotes a
251-20 performance that includes sexual conduct by a child younger than 18
251-21 <17> years of age.
251-22 (e) An offense under Subsection (d) <of this section> is a
251-23 felony of the third degree.
251-24 (f) It is an affirmative defense to a prosecution under this
251-25 section that:
251-26 (1) the defendant, in good faith, reasonably believed
251-27 that the child who engaged in the sexual conduct was 18 <17> years
252-1 of age or older;
252-2 (2) the defendant was the spouse of the child at the
252-3 time of the offense;
252-4 (3) the conduct was for a bona fide educational,
252-5 medical, psychological, psychiatric, judicial, law enforcement, or
252-6 legislative purpose; or
252-7 (4) the defendant is not more than two years older
252-8 than the child.
252-9 (g) When it becomes necessary for the purposes of this
252-10 section or Section 43.26 <of this code> to determine whether a
252-11 child who participated in sexual conduct was younger than 18 <17>
252-12 years of age, the court or jury may make this determination by any
252-13 of the following methods:
252-14 (1) personal inspection of the child;
252-15 (2) inspection of the photograph or motion picture
252-16 that shows the child engaging in the sexual performance;
252-17 (3) oral testimony by a witness to the sexual
252-18 performance as to the age of the child based on the child's
252-19 appearance at the time;
252-20 (4) expert medical testimony based on the appearance
252-21 of the child engaging in the sexual performance; or
252-22 (5) any other method authorized by law or by the rules
252-23 of evidence at common law.
252-24 Sec. 43.251. EMPLOYMENT HARMFUL TO CHILDREN <MINORS>.
252-25 (a) In this section:
252-26 (1) "Child" means a person younger than 18 <17> years
252-27 of age.
253-1 (2) "Massage" has the meaning assigned to the term
253-2 "massage therapy" by Section 1, Chapter 752, Acts of the 69th
253-3 Legislature, Regular Session, 1985 (Article 4512k, Vernon's Texas
253-4 Civil Statutes) <means the rubbing, kneading, tapping, compression,
253-5 vibration, application of friction, or percussion of the human body
253-6 or parts of it by hand or with an instrument or apparatus>.
253-7 (3) "Massage establishment" has the meaning assigned
253-8 by Section 1, Chapter 752, Acts of the 69th Legislature, Regular
253-9 Session, 1985 (Article 4512k, Vernon's Texas Civil Statutes) <means
253-10 a commercial activity the primary business of which is the
253-11 rendering of massage. The term does not include the businesses of
253-12 licensed physical therapists, licensed athletic trainers, licensed
253-13 cosmetologists, or licensed barbers engaged in performing functions
253-14 authorized by the license held>.
253-15 (4) "Nude" means a child who is:
253-16 (A) entirely unclothed; or
253-17 (B) clothed in a manner that leaves uncovered or
253-18 visible through less than fully opaque clothing any portion of the
253-19 breasts below the top of the areola of the breasts, if the child is
253-20 female, or any portion of the genitals or buttocks.
253-21 (5) "Sexually oriented commercial activity" means a
253-22 massage establishment, nude studio, modeling studio, love parlor,
253-23 or other similar commercial enterprise the primary business of
253-24 which is the offering of a service that is intended to provide
253-25 sexual stimulation or sexual gratification to the customer.
253-26 (6) "Topless" means a female child clothed in a manner
253-27 that leaves uncovered or visible through less than fully opaque
254-1 clothing any portion of her breasts below the top of the areola.
254-2 (b) A person commits an offense if the person employs,
254-3 authorizes, or induces a child to work:
254-4 (1) in a sexually oriented commercial activity; or
254-5 (2) in any place of business permitting, requesting,
254-6 or requiring a child to work nude or topless.
254-7 (c) An offense under this section is a Class A misdemeanor.
254-8 Sec. 43.26. Possession or Promotion of Child Pornography.
254-9 (a) A person commits an offense if:
254-10 (1) the person knowingly or intentionally possesses
254-11 material containing a film image that visually depicts a child
254-12 younger than 18 <17> years of age at the time the film image of the
254-13 child was made who is engaging in sexual conduct; and
254-14 (2) the person knows that the material depicts the
254-15 child as described by Subdivision (1) <of this subsection>.
254-16 (b) In this section:
254-17 (1) "Film image" includes a photograph, slide,
254-18 negative, film, or videotape, or a reproduction of any of these.
254-19 (2) "Sexual conduct" has the meaning assigned by
254-20 Section 43.25 <of this code>.
254-21 (3) "Promote" has the meaning assigned by Section
254-22 43.25 <of this code>.
254-23 (c) The affirmative defenses provided by Section 43.25(f)
254-24 <of this code> also apply to a prosecution under this section.
254-25 (d) An offense under this section is a felony of the third
254-26 degree.
254-27 (e) A person commits an offense if:
255-1 (1) the person knowingly or intentionally promotes or
255-2 possesses with intent to promote material described by Subsection
255-3 (a)(1) <of this section>; and
255-4 (2) the person knows that the material depicts the
255-5 child as described by Subsection (a)(1) <of this section>.
255-6 (f) A person who possesses six or more identical film images
255-7 depicting a child as described by Subsection (a)(1) <of this
255-8 section> is presumed to possess the film images with the intent to
255-9 promote the material.
255-10 (g) An offense under Subsection (e) <of this section> is a
255-11 felony of the third degree.
255-12 TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
255-13 CHAPTER 46. WEAPONS
255-14 Sec. 46.01. <CHAPTER> DEFINITIONS. In this chapter:
255-15 (1) "Club" means an instrument that is specially
255-16 designed, made, or adapted for the purpose of inflicting serious
255-17 bodily injury or death by striking a person with the instrument,
255-18 and includes but is not limited to the following:
255-19 (A) blackjack;
255-20 (B) nightstick;
255-21 (C) mace;
255-22 (D) tomahawk.
255-23 (2) "Explosive weapon" means any explosive or
255-24 incendiary bomb, grenade, rocket, or mine, that is designed, made,
255-25 or adapted for the purpose of inflicting serious bodily injury,
255-26 death, or substantial property damage, or for the principal purpose
255-27 of causing such a loud report as to cause undue public alarm or
256-1 terror, and includes a device designed, made, or adapted for
256-2 delivery or shooting an explosive weapon.
256-3 (3) "Firearm" means any device designed, made, or
256-4 adapted to expel a projectile through a barrel by using the energy
256-5 generated by an explosion or burning substance or any device
256-6 readily convertible to that use. Firearm does not include antique
256-7 or curio firearms that were manufactured prior to 1899 and that may
256-8 have, as an integral part, a folding knife blade or other
256-9 characteristics of weapons made illegal by this chapter.
256-10 (4) "Firearm silencer" means any device designed,
256-11 made, or adapted to muffle the report of a firearm.
256-12 (5) "Handgun" means any firearm that is designed,
256-13 made, or adapted to be fired with one hand.
256-14 (6) "Illegal knife" means a:
256-15 (A) knife with a blade over five and one-half
256-16 inches;
256-17 (B) <a> hand instrument designed to cut or stab
256-18 another by being thrown;
256-19 (C) dagger, including but not limited to a dirk,
256-20 stilletto, and poniard;
256-21 (D) bowie knife;
256-22 (E) sword; or
256-23 (F) spear.
256-24 (7) "Knife" means any bladed hand instrument that is
256-25 capable of inflicting serious bodily injury or death by cutting or
256-26 stabbing a person with the instrument.
256-27 (8) "Knuckles" means any instrument that consists of
257-1 finger rings or guards made of a hard substance and that is
257-2 designed, made, or adapted for the purpose of inflicting serious
257-3 bodily injury or death by striking a person with a fist enclosed in
257-4 the knuckles.
257-5 (9) "Machine gun" means any firearm that is capable of
257-6 shooting more than two shots automatically, without manual
257-7 reloading, by a single function of the trigger.
257-8 (10) "Short-barrel firearm" means a rifle with a
257-9 barrel length of less than 16 inches or a shotgun with a barrel
257-10 length of less than 18 inches, or any weapon made from a shotgun or
257-11 rifle if, as altered, it has an overall length of less than 26
257-12 inches.
257-13 (11) "Switchblade knife" means any knife that has a
257-14 blade that folds, closes, or retracts into the handle or sheath,
257-15 and that:
257-16 (A) opens automatically by pressure applied to a
257-17 button or other device located on the handle; or
257-18 (B) opens or releases a blade from the handle or
257-19 sheath by the force of gravity or by the application of centrifugal
257-20 force.
257-21 (12) "Armor-piercing ammunition" means handgun
257-22 ammunition that is designed primarily for the purpose of
257-23 penetrating metal or body armor and to be used principally in
257-24 pistols and revolvers.
257-25 (13) "Hoax bomb" means a device that:
257-26 (A) reasonably appears to be an explosive or
257-27 incendiary device; or
258-1 (B) by its design causes alarm or reaction of
258-2 any type by an official of a public safety agency or a volunteer
258-3 agency organized to deal with emergencies.
258-4 (14) "Chemical dispensing device" means a device,
258-5 other than a small chemical dispenser sold commercially for
258-6 personal protection, that is designed, made, or adapted for the
258-7 purpose of dispensing a substance capable of causing an adverse
258-8 psychological or physiological effect on a human being.
258-9 (15) "Racetrack" has the meaning assigned that term by
258-10 the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
258-11 (16) "Zip gun" means a device or combination of
258-12 devices that was not originally a firearm and is adapted to expel a
258-13 projectile through a smooth-bore or rifled-bore barrel by using the
258-14 energy generated by an explosion or burning substance.
258-15 Sec. 46.02. Unlawful Carrying Weapons. (a) A person
258-16 commits an offense if he intentionally, knowingly, or recklessly
258-17 carries on or about his person a handgun, illegal knife, or club.
258-18 (b) It is a defense to prosecution under this section that
258-19 the actor was, at the time of the commission of the offense <Except
258-20 as provided in Subsection (c), an offense under this section is a
258-21 Class A misdemeanor.>
258-22 <(c) An offense under this section is a felony of the third
258-23 degree if it occurs on any premises licensed or issued a permit by
258-24 this state for the sale or service of alcoholic beverages.>
258-25 <Sec. 46.03. NON-APPLICABLE. (a) The provisions of Section
258-26 46.02 of this code do not apply to a person>:
258-27 (1) in the actual discharge of his official duties as
259-1 a member of the armed forces or state military forces as defined by
259-2 Section 431.001, Government Code, or as a guard employed by a penal
259-3 institution;
259-4 (2) on his own premises or premises under his control
259-5 unless he is an employee or agent of the owner of the premises and
259-6 his primary responsibility is to act in the capacity of a security
259-7 guard to protect persons or property, in which event he must comply
259-8 with Subdivision (5) <of this subsection>;
259-9 (3) traveling;
259-10 (4) engaging in lawful hunting, fishing, or other
259-11 sporting activity on the immediate premises where the activity is
259-12 conducted, or was directly en route between the premises and the
259-13 actor's residence, if the weapon is a type commonly used in the
259-14 activity;
259-15 (5) a person who holds a security officer commission
259-16 issued by the Texas Board of Private Investigators and Private
259-17 Security Agencies, if:
259-18 (A) he is engaged in the performance of his
259-19 duties as a security officer or traveling to and from his place of
259-20 assignment;
259-21 (B) he is wearing a distinctive uniform; and
259-22 (C) the weapon is in plain view; or
259-23 (6) <who is> a peace officer, other than a person
259-24 commissioned by the Texas State Board of Pharmacy.
259-25 (c) It is a defense to prosecution under this section for
259-26 the offense of carrying a club that the actor was, at the time of
259-27 the commission of the offense, <(b) The provision of Section 46.02
260-1 of this code prohibiting the carrying of a club does not apply to>
260-2 a noncommissioned security guard at an institution of higher
260-3 education who carried <carries> a nightstick or similar club, and
260-4 who had <has> undergone 15 hours of training in the proper use of
260-5 the club, including at least seven hours of training in the use of
260-6 the club for nonviolent restraint. For the purposes of this
260-7 section, "nonviolent restraint" means the use of reasonable force,
260-8 not intended and not likely to inflict bodily injury.
260-9 (d) It is a defense to prosecution under this section for
260-10 the offense of carrying a firearm or carrying a club that the actor
260-11 was, at the time of the commission of the offense, <(c) The
260-12 prohibition of carrying a handgun or club in Section 46.02 of this
260-13 code does not apply to> a public security officer employed by the
260-14 adjutant general under Section 431.029, Government Code, and was
260-15 performing <in performance of> official duties or <while> traveling
260-16 to or from a place of duty.
260-17 (e) Except as provided by Subsection (f), an offense under
260-18 this section is a Class A misdemeanor.
260-19 (f) An offense under this section is a felony of the third
260-20 degree if the offense is committed on any premises licensed or
260-21 issued a permit by this state for the sale of alcoholic beverages.
260-22 Sec. 46.03 <46.04>. Places Weapons Prohibited. (a) A
260-23 person commits an offense if, with a firearm, illegal knife, club,
260-24 or prohibited weapon listed in Section 46.05(a) <46.06(a) of this
260-25 code>, he intentionally, knowingly, or recklessly goes:
260-26 (1) on the physical premises of a school, <or> an
260-27 educational institution, or a passenger transportation vehicle of a
261-1 school or an educational institution, whether the school or
261-2 educational institution is public or private, unless pursuant to
261-3 written regulations or written authorization of the institution;
261-4 (2) on the premises of a polling place on the day of
261-5 an election or while early voting is in progress;
261-6 (3) in any government court or offices utilized by the
261-7 court, unless pursuant to written regulations or written
261-8 authorization of the court; <or>
261-9 (4) on the premises of a racetrack; or
261-10 (5) into a secured area of an airport.
261-11 (b) It is a defense to prosecution under Subsections
261-12 (a)(1)-(4) that the actor possessed a firearm <under Subsection (a)
261-13 of this section> while in the actual discharge of his official
261-14 duties as a peace officer or a member of the armed forces or
261-15 national guard or a guard employed by a penal institution, or an
261-16 officer of the court.
261-17 (c) In this section "secured area" means an area of an
261-18 airport terminal building to which access is controlled by the
261-19 inspection of persons and property under federal law.
261-20 (d) It is a defense to prosecution under Subsection (a)(5)
261-21 that the actor possessed a firearm or club while traveling to or
261-22 from the actor's place of assignment or in the actual discharge of
261-23 duties as:
261-24 (1) a peace officer;
261-25 (2) a member of the armed forces or national guard;
261-26 (3) a guard employed by a penal institution; or
261-27 (4) a security officer commissioned by the Texas Board
262-1 of Private Investigators and Private Security Agencies if:
262-2 (A) the actor is wearing a distinctive uniform;
262-3 and
262-4 (B) the firearm or club is in plain view.
262-5 (e) It is a defense to prosecution under Subsection (a)(5)
262-6 that the actor checked all firearms as baggage in accordance with
262-7 federal or state law or regulations before entering a secured area.
262-8 (f) An offense under this section is a third degree felony.
262-9 Sec. 46.04 <46.05>. Unlawful Possession of Firearm by Felon.
262-10 (a) A person who has been convicted of a felony <involving an act
262-11 of violence or threatened violence to a person or property> commits
262-12 an offense if he possesses a firearm:
262-13 (1) after conviction and before the fifth anniversary
262-14 of the person's release from confinement following conviction of
262-15 the felony or the person's release from supervision under community
262-16 supervision, parole, or mandatory supervision, whichever date is
262-17 later; or
262-18 (2) after the period described by Subdivision (1), at
262-19 any location other than the premises at which the person lives
262-20 <away from the premises where he lives>.
262-21 (b) An offense under this section is a felony of the third
262-22 degree.
262-23 Sec. 46.05 <46.06>. Prohibited Weapons. (a) A person
262-24 commits an offense if he intentionally or knowingly possesses,
262-25 manufactures, transports, repairs, or sells:
262-26 (1) an explosive weapon;
262-27 (2) a machine gun;
263-1 (3) a short-barrel firearm;
263-2 (4) a firearm silencer;
263-3 (5) a switchblade knife;
263-4 (6) knuckles;
263-5 (7) armor-piercing ammunition;
263-6 (8) a chemical dispensing device; or
263-7 (9) a zip gun.
263-8 (b) It is a defense to prosecution under this section that
263-9 the actor's conduct was incidental to the performance of official
263-10 duty by the armed forces or national guard, a governmental law
263-11 enforcement agency, or a correctional facility <penal institution>.
263-12 (c) It is a defense to prosecution under this section that
263-13 the actor's possession was pursuant to registration pursuant to the
263-14 National Firearms Act, as amended.
263-15 (d) It is an affirmative defense to prosecution under this
263-16 section that the actor's conduct:
263-17 (1) was incidental to dealing with a switchblade
263-18 knife, springblade knife, or short-barrel firearm solely as an
263-19 antique or curio; or
263-20 (2) was incidental to dealing with armor-piercing
263-21 ammunition solely for the purpose of making the ammunition
263-22 available to an organization, agency, or institution listed in
263-23 Subsection (b) <of this section>.
263-24 (e) An offense under this section is a felony of the third
263-25 <second> degree unless it is committed under Subsection (a)(5) or
263-26 (a)(6) <of this section>, in which event, it is a Class A
263-27 misdemeanor.
264-1 Sec. 46.06 <46.07>. Unlawful Transfer of Certain Weapons.
264-2 (a) A person commits an offense if he:
264-3 (1) sells, rents, leases, loans, or gives a handgun to
264-4 any person knowing that the person to whom the handgun is to be
264-5 delivered intends to use it unlawfully or in the commission of an
264-6 unlawful act;
264-7 (2) intentionally or knowingly sells, rents, leases,
264-8 or gives or offers to sell, rent, lease, or give to any child
264-9 younger than 18 years any firearm, club, or illegal knife <or any
264-10 martial arts throwing stars>; <or>
264-11 (3) intentionally, knowingly, or recklessly sells a
264-12 firearm or ammunition for a firearm to any person who is
264-13 intoxicated; or
264-14 (4) knowingly sells a firearm or ammunition for a
264-15 firearm to any person who has been convicted of a felony before the
264-16 fifth anniversary of the later of the following dates:
264-17 (A) the person's release from confinement
264-18 following conviction of the felony; or
264-19 (B) the person's release from supervision under
264-20 community supervision, parole, or mandatory supervision following
264-21 conviction of the felony.
264-22 (b) For purposes of this section, "intoxicated" means
264-23 substantial impairment of mental or physical capacity resulting
264-24 from introduction of any substance into the body.
264-25 (c) It is an affirmative defense to prosecution under
264-26 Subsection (a)(2) <of this section> that the transfer was to a
264-27 minor whose parent or the person having legal custody of the minor
265-1 had given written permission for the sale or, if the transfer was
265-2 other than a sale, the parent or person having legal custody had
265-3 given effective consent.
265-4 (d) An offense under this section is a Class A misdemeanor.
265-5 Sec. 46.07 <46.08>. Interstate Purchase. A resident of this
265-6 state may, if not otherwise precluded by law, purchase firearms,
265-7 ammunition, reloading components, or firearm accessories in
265-8 contiguous states. This authorization is enacted in conformance
265-9 with Section 922(b)(3)(A), Public Law 90-618, 90th Congress.
265-10 Sec. 46.08 <46.09>. Hoax Bombs. (a) A person commits an
265-11 offense if the person knowingly manufactures, sells, purchases,
265-12 transports, or possesses a hoax bomb with intent to use the hoax
265-13 bomb to:
265-14 (1) make another believe that the hoax bomb is an
265-15 explosive or incendiary device; or
265-16 (2) cause alarm or reaction of any type by an official
265-17 of a public safety agency or volunteer agency organized to deal
265-18 with emergencies.
265-19 (b) An offense under this section is a Class A misdemeanor.
265-20 Sec. 46.09 <46.10>. Components of Explosives. (a) A person
265-21 commits an offense if the person knowingly possesses components of
265-22 an explosive weapon with the intent to combine the components into
265-23 an explosive weapon for use in a criminal endeavor.
265-24 (b) An offense under this section is a felony of the third
265-25 degree.
265-26 Sec. 46.10 <46.11>. Deadly Weapon in Penal Institution.
265-27 (a) A person commits an offense if, while confined in a penal
266-1 institution, he intentionally, knowingly, or recklessly:
266-2 (1) carries on or about his person a deadly weapon; or
266-3 (2) possesses or conceals a deadly weapon in the penal
266-4 institution.
266-5 (b) It is an affirmative defense to prosecution under this
266-6 section that at the time of the offense the actor was engaged in
266-7 conduct authorized by an employee of the penal institution.
266-8 (c) A person who is subject to prosecution under both this
266-9 section and another section under this chapter may be prosecuted
266-10 under either section.
266-11 (d) An offense under this section is a felony of the third
266-12 degree.
266-13 <Sec. 46.12. UNLAWFUL CARRYING OF WEAPONS AT AIRPORT.
266-14 (a) A person commits an offense if the person intentionally,
266-15 knowingly, or recklessly enters a secured area of an airport with a
266-16 handgun or other firearm capable of being concealed on the person,
266-17 illegal knife, or club.>
266-18 <(b) In this section "secured area" means an area of an
266-19 airport terminal building to which access is controlled by the
266-20 inspection of persons and property under federal law.>
266-21 <(c) It is a defense to prosecution that the actor possessed
266-22 a firearm or club while traveling to or from the actor's place of
266-23 assignment or in the actual discharge of duties as:>
266-24 <(1) a peace officer;>
266-25 <(2) a member of the armed forces or national guard;>
266-26 <(3) a guard employed by a penal institution; or>
266-27 <(4) a security officer commissioned by the Texas
267-1 Board of Private Investigators and Private Security Agencies if:>
267-2 <(A) the actor is wearing a distinctive uniform;
267-3 and>
267-4 <(B) the firearm or club is in plain view.>
267-5 <(d) It is a defense to prosecution that the actor checked
267-6 all firearms as baggage in accordance with federal or state law or
267-7 regulations before entering a secured area.>
267-8 <(e) An offense under this section is a Class A
267-9 misdemeanor.>
267-10 CHAPTER 47. GAMBLING
267-11 Sec. 47.01. Definitions. In this chapter:
267-12 (1) "Bet" means an agreement <that, dependent on
267-13 chance even though accompanied by some skill, one stands> to win or
267-14 lose something of value solely or partially by chance. A bet does
267-15 not include:
267-16 (A) contracts of indemnity or guaranty, or life,
267-17 health, property, or accident insurance;
267-18 (B) an offer of a prize, award, or compensation
267-19 to the actual contestants in a bona fide contest for the
267-20 determination of skill, speed, strength, or endurance or to the
267-21 owners of animals, vehicles, watercraft, or aircraft entered in a
267-22 contest; or
267-23 (C) an offer of merchandise, with a value not
267-24 greater than $25, made by the proprietor of a bona fide carnival
267-25 contest conducted at a carnival sponsored by a nonprofit religious,
267-26 fraternal, school, law enforcement, youth, agricultural, or civic
267-27 group, including any nonprofit agricultural or civic group
268-1 incorporated by the state before 1955, if the person to receive the
268-2 merchandise from the proprietor is the person who performs the
268-3 carnival contest<; or>
268-4 <(D) an offer of merchandise, with a value not
268-5 greater than $25, made by the proprietor of a bona fide carnival
268-6 contest conducted at a carnival sponsored by a nonprofit
268-7 agricultural or civic group incorporated by the State of Texas
268-8 prior to 1955>.
268-9 (2) "Bookmaking" means:
268-10 (A) to receive and record or to forward more
268-11 than five bets or offers to bet in a period of 24 hours;
268-12 (B) to receive and record or to forward bets or
268-13 offers to bet totaling more than $1,000 in a period of 24 hours; or
268-14 (C) a scheme by three or more persons to
268-15 receive, record, or forward a bet or an offer to bet.
268-16 (3) "Gambling place" means any real estate, building,
268-17 room, tent, vehicle, boat, or other property whatsoever, one of the
268-18 uses of which is the making or settling of bets, bookmaking <the
268-19 receiving, holding, recording, or forwarding of bets or offers to
268-20 bet>, or the conducting of a lottery or the playing of gambling
268-21 devices.
268-22 (4) <(3)> "Gambling device" means any contrivance that
268-23 for a consideration affords the player an opportunity to obtain
268-24 anything of value, the award of which is determined solely or
268-25 partially by chance, even though accompanied by some skill, whether
268-26 or not the prize is automatically paid by the contrivance.
268-27 (5) <(4)> "Altered gambling equipment" means any
269-1 contrivance that has been altered in some manner, including, but
269-2 not limited to, shaved dice, loaded dice, magnetic dice, mirror
269-3 rings, electronic sensors, shaved cards, marked cards, and any
269-4 other equipment altered or <and> designed to enhance the actor's
269-5 chances of winning.
269-6 (6) <(5)> "Gambling paraphernalia" means any book,
269-7 instrument, or apparatus by means of which bets have been or may be
269-8 recorded or registered; any record, ticket, certificate, bill,
269-9 slip, token, writing, scratch sheet, or other means of carrying on
269-10 bookmaking, wagering pools, lotteries, numbers, policy, or similar
269-11 games.
269-12 (7) <(6)> "Lottery" means any scheme or procedure
269-13 whereby one or more prizes are distributed by chance among persons
269-14 who have paid or promised consideration for a chance to win
269-15 anything of value, whether such scheme or procedure is called a
269-16 pool, lottery, raffle, gift, gift enterprise, sale, policy game, or
269-17 some other name.
269-18 (8) <(7)> "Private place" means a place to which the
269-19 public does not have access, and excludes, among other places,
269-20 streets, highways, restaurants, taverns, nightclubs, schools,
269-21 hospitals, and the common areas of apartment houses, hotels,
269-22 motels, office buildings, transportation facilities, and shops.
269-23 (9) <(8)> "Thing of value" means any benefit, but does
269-24 not include an unrecorded and immediate right of replay not
269-25 exchangeable for value.
269-26 Sec. 47.02. Gambling. (a) A person commits an offense if
269-27 he:
270-1 (1) makes a bet on the partial or final result of a
270-2 game or contest or on the performance of a participant in a game or
270-3 contest;
270-4 (2) makes a bet on the result of any political
270-5 nomination, appointment, or election or on the degree of success of
270-6 any nominee, appointee, or candidate; or
270-7 (3) plays and bets for money or other thing of value
270-8 at any game played with cards, dice, <or> balls, or any other
270-9 gambling device.
270-10 (b) It is a defense to prosecution under this section that:
270-11 (1) the actor engaged in gambling in a private place;
270-12 (2) no person received any economic benefit other than
270-13 personal winnings; and
270-14 (3) except for the advantage of skill or luck, the
270-15 risks of losing and the chances of winning were the same for all
270-16 participants.
270-17 (c) It is a defense to prosecution under this section that
270-18 the actor reasonably believed that the conduct:
270-19 (1) was permitted under the Bingo Enabling Act
270-20 (Article 179d, Vernon's Texas Civil Statutes);
270-21 (2) was permitted under the Charitable Raffle Enabling
270-22 Act (Article 179f, Revised Statutes); <or>
270-23 (3) consisted entirely of participation in the state
270-24 lottery authorized by the State Lottery Act (Article 179g, Vernon's
270-25 Texas Civil Statutes); or
270-26 (4) was permitted under the Texas Racing Act (Article
270-27 179e, Vernon's Texas Civil Statutes).
271-1 (d) An offense under this section is a Class C misdemeanor.
271-2 Sec. 47.03. Gambling Promotion. (a) A person commits an
271-3 offense if he intentionally or knowingly does any of the following
271-4 acts:
271-5 (1) operates or participates in the earnings of a
271-6 gambling place;
271-7 (2) engages in bookmaking;
271-8 (3) for gain, becomes a custodian of anything of value
271-9 bet or offered to be bet;
271-10 (4) sells chances on the partial or final result of or
271-11 on the margin of victory in any game or contest or on the
271-12 performance of any participant in any game or contest or on the
271-13 result of any political nomination, appointment, or election or on
271-14 the degree of success of any nominee, appointee, or candidate; or
271-15 (5) for gain, sets up or promotes any lottery or sells
271-16 or offers to sell or knowingly possesses for transfer, or transfers
271-17 any card, stub, ticket, check, or other device designed to serve as
271-18 evidence of participation in any lottery.
271-19 (b) <In this section "bookmaking" means:>
271-20 <(1) the receiving and recording of or the forwarding
271-21 of more than five bets or offers to bet in one 24-hour period;>
271-22 <(2) the receiving and recording of or the forwarding
271-23 of bets or offers to bet totalling more than $1,000 in one 24-hour
271-24 period; or>
271-25 <(3) a scheme by three or more persons to receive,
271-26 record, or forward bets or offers to bet.>
271-27 <(c)> An offense under this section is a Class A misdemeanor
272-1 <felony of the third degree>.
272-2 Sec. 47.04. Keeping a Gambling Place. (a) A person commits
272-3 an offense if he knowingly uses or permits another to use as a
272-4 gambling place any real estate, building, room, tent, vehicle,
272-5 boat, or other property whatsoever owned by him or under his
272-6 control, or rents or lets any such property with a view or
272-7 expectation that it be so used.
272-8 (b) It is an affirmative defense to prosecution under this
272-9 section that:
272-10 (1) the <actor engaged in> gambling occurred in a
272-11 private place;
272-12 (2) no person received any economic benefit other than
272-13 personal winnings; and
272-14 (3) except for the advantage of skill or luck, the
272-15 risks of losing and the chances of winning were the same for all
272-16 participants.
272-17 (c) <It is an affirmative defense to prosecution under this
272-18 section that the gambling place is aboard an ocean-going vessel
272-19 that enters the territorial waters of this state to call at a port
272-20 in this state if:>
272-21 <(1) before the vessel enters the territorial waters
272-22 of this state, the district attorney or, if there is no district
272-23 attorney, the county attorney for the county in which the port is
272-24 located receives notice of the existence of the gambling place on
272-25 board the vessel and of the anticipated dates on which the vessel
272-26 will enter and leave the territorial waters of this state;>
272-27 <(2) the portion of the vessel that is used as a
273-1 gambling place is locked or otherwise physically secured in a
273-2 manner that makes the area inaccessible to anyone other than the
273-3 master and crew of the vessel at all times while the vessel is in
273-4 the territorial waters of this state;>
273-5 <(3) no person other than the master and crew of the
273-6 vessel is permitted to enter or view the gambling place while the
273-7 vessel is in the territorial waters of this state; and>
273-8 <(4) the gambling place is not used for gambling or
273-9 other gaming purposes while the vessel is in the territorial waters
273-10 of this state.>
273-11 <(d)> An offense under this section is a Class A misdemeanor
273-12 <felony of the third degree>.
273-13 Sec. 47.05. Communicating Gambling Information. (a) A
273-14 person commits an offense if, with the intent to further gambling,
273-15 he knowingly communicates information as to bets, betting odds, or
273-16 changes in betting odds or he knowingly provides, installs, or
273-17 maintains equipment for the transmission or receipt of such
273-18 information.
273-19 (b) It is an exception to the application of Subsection (a)
273-20 that the information communicated is intended for use in placing a
273-21 lawful wager under Article 11, Texas Racing Act (Article 179e,
273-22 Vernon's Texas Civil Statutes), and is not communicated in
273-23 violation of Section 14.01 of that Act.
273-24 (c) An offense under this section is a Class A misdemeanor
273-25 <felony of the third degree>.
273-26 Sec. 47.06. POSSESSION OF GAMBLING DEVICE, <OR> EQUIPMENT,
273-27 OR PARAPHERNALIA. (a) A person commits an offense if, with the
274-1 intent to further gambling, he knowingly owns, manufactures,
274-2 transfers, or possesses any gambling device that he knows is
274-3 designed for gambling purposes or any equipment that he knows is
274-4 designed as a subassembly or essential part of a gambling device.
274-5 (b) A person commits an offense if, with the intent to
274-6 further gambling, he knowingly owns, manufactures, transfers
274-7 commercially, or possesses any altered gambling equipment that he
274-8 knows is designed for gambling purposes or any equipment that he
274-9 knows is designed as a subassembly or essential part of such
274-10 device.
274-11 (c) A person commits an offense if, with the intent to
274-12 further gambling, the person knowingly owns, manufactures,
274-13 transfers commercially, or possesses gambling paraphernalia.
274-14 (d) It is a defense to prosecution under Subsections (a) and
274-15 (c) that:
274-16 (1) the device, equipment, or paraphernalia is used
274-17 for or is intended for use in gambling that is to occur entirely in
274-18 a private place;
274-19 (2) a person involved in the gambling does not receive
274-20 any economic benefit other than personal winnings; and
274-21 (3) except for the advantage of skill or luck, the
274-22 chance of winning is the same for all participants. <It is an
274-23 affirmative defense to prosecution under this section that the
274-24 device or equipment is aboard an ocean-going vessel that enters the
274-25 territorial waters of this state to call at a port in this state
274-26 if:>
274-27 <(1) before the vessel enters the territorial waters
275-1 of this state, the district attorney or, if there is no district
275-2 attorney, the county attorney for the county in which the port is
275-3 located receives notice of the existence of the device or equipment
275-4 on board the vessel and of the anticipated dates on which the
275-5 vessel will enter and leave the territorial waters of this state;>
275-6 <(2) the portion of the vessel in which the device or
275-7 equipment is located is locked or otherwise physically secured in a
275-8 manner that makes the area inaccessible to anyone other than the
275-9 master and crew of the vessel at all times while the vessel is in
275-10 the territorial waters of this state;>
275-11 <(3) no person other than the master and crew of the
275-12 vessel is permitted to enter or view the portion of the vessel in
275-13 which the device or equipment is located while the vessel is in the
275-14 territorial waters of this state; and>
275-15 <(4) the device or equipment is not used for gambling
275-16 or other gaming purposes while the vessel is in the territorial
275-17 waters of this state.>
275-18 <(d) It is a defense to prosecution under this section that
275-19 the gambling device is 15 years old or older and not used for
275-20 gambling, gambling promotion, or keeping a gambling place under
275-21 Sections 47.02, 47.03, and 47.04, respectively, of this code, and
275-22 that the party possessing same:>
275-23 <(1) within 30 days after coming into possession of
275-24 same or the effective date of this amendment, whichever last
275-25 occurs, furnished the following information to the sheriff of the
275-26 county wherein such device is to be maintained:>
275-27 <(A) the name and address of the party
276-1 possessing same;>
276-2 <(B) the name of the manufacturer, date of
276-3 manufacture, and serial number of the device, if available; and>
276-4 <(2) within 30 days of the transfer of such device
276-5 advises the sheriff of the county to whom the information provided
276-6 for in item (1) above was furnished of the name and address of the
276-7 transferee.>
276-8 (e) An offense under this section is a Class A misdemeanor
276-9 <felony of the third degree>.
276-10 (f) It is a defense to prosecution under Subsection (a) or
276-11 (c) <of this section> that the person owned, manufactured,
276-12 transferred, or possessed the gambling device, <or> equipment, or
276-13 paraphernalia for the sole purpose of shipping it to another
276-14 jurisdiction where the possession or use of the device, <or>
276-15 equipment, or paraphernalia was legal.
276-16 (g) A district or county attorney is not required to have a
276-17 search warrant or subpoena to inspect a gambling device or gambling
276-18 equipment or paraphernalia on an ocean-going vessel that enters the
276-19 territorial waters of this state to call at a port in this state
276-20 <It is a defense to prosecution for an offense under this chapter
276-21 that the conduct was authorized, directly or indirectly, by the
276-22 State Lottery Act, the lottery division in the office of the
276-23 comptroller, the comptroller, or the director of the lottery
276-24 division>.
276-25 Sec. 47.07. <POSSESSION OF GAMBLING PARAPHERNALIA. (a) A
276-26 person commits an offense if, with the intent to further gambling,
276-27 he knowingly owns, manufactures, transfers commercially, or
277-1 possesses gambling paraphernalia.>
277-2 <(b) It is an affirmative defense to prosecution under this
277-3 section that the gambling paraphernalia is aboard an ocean-going
277-4 vessel that enters the territorial waters of this state to call at
277-5 a port in this state if:>
277-6 <(1) before the vessel enters the territorial waters
277-7 of this state, the district attorney or, if there is no district
277-8 attorney, the county attorney for the county in which the port is
277-9 located receives notice of the existence of the gambling
277-10 paraphernalia on board the vessel and of the anticipated dates on
277-11 which the vessel will enter and leave the territorial waters of
277-12 this state;>
277-13 <(2) the portion of the vessel in which the gambling
277-14 paraphernalia is located is locked or otherwise physically secured
277-15 in a manner that makes the area inaccessible to anyone other than
277-16 the master and crew of the vessel at all times while the vessel is
277-17 in the territorial waters of this state;>
277-18 <(3) no person other than the master and crew of the
277-19 vessel is permitted to enter or view the portion of the vessel in
277-20 which the gambling paraphernalia is located while the vessel is in
277-21 the territorial waters of this state; and>
277-22 <(4) the gambling paraphernalia is not used for
277-23 gambling or other gaming purposes while the vessel is in the
277-24 territorial waters of this state.>
277-25 <(c) An offense under this section is a Class A misdemeanor.>
277-26 <(d) The district or county attorney shall not be required
277-27 to have a search warrant or subpoena to enter the vessel to inspect
278-1 the gambling paraphernalia.>
278-2 <(e) It is a defense to prosecution under this section that
278-3 the person owned, manufactured, transferred commercially, or
278-4 possessed the gambling paraphernalia for the sole purpose of
278-5 shipping it to another jurisdiction where the possession or use of
278-6 the paraphernalia was legal.>
278-7 <Sec. 47.08.> Evidence. <(a) Proof that an actor
278-8 communicated gambling information or possessed a gambling device,
278-9 equipment, or paraphernalia is prima facie evidence that the actor
278-10 did so knowingly and with the intent to further gambling.>
278-11 <(b)> In any prosecution under this chapter in which it is
278-12 relevant to prove the occurrence of a sporting event, a published
278-13 report of its occurrence in a daily newspaper, magazine, or other
278-14 periodically printed publication of general circulation shall be
278-15 admissible in evidence and is prima facie evidence that the event
278-16 occurred.
278-17 Sec. 47.08 <47.09>. Testimonial Immunity. (a) A party to
278-18 an offense under this chapter may be required to furnish evidence
278-19 or testify about the offense.
278-20 (b) A party to an offense under this chapter may not be
278-21 prosecuted for any offense about which he is required to furnish
278-22 evidence or testify, and the evidence and testimony may not be used
278-23 against the party in any adjudicatory proceeding except a
278-24 prosecution for aggravated perjury.
278-25 (c) For purposes of this section, "adjudicatory proceeding"
278-26 means a proceeding before a court or any other agency of government
278-27 in which the legal rights, powers, duties, or privileges of
279-1 specified parties are determined.
279-2 (d) A conviction under this chapter may be had upon the
279-3 uncorroborated testimony of a party to the offense.
279-4 Sec. 47.09. OTHER DEFENSES. (a) It is a defense to
279-5 prosecution under this chapter that the conduct:
279-6 (1) was authorized under:
279-7 (A) the Bingo Enabling Act (Article 179d,
279-8 Vernon's Texas Civil Statutes);
279-9 (B) the Texas Racing Act (Article 179e, Vernon's
279-10 Texas Civil Statutes); or
279-11 (C) the Charitable Raffle Enabling Act (Article
279-12 179f, Revised Statutes);
279-13 (2) consisted entirely of participation in the state
279-14 lottery authorized by the State Lottery Act (Article 179g, Vernon's
279-15 Texas Civil Statutes); or
279-16 (3) was a necessary incident to the operation of the
279-17 state lottery and was directly or indirectly authorized by the:
279-18 (A) State Lottery Act;
279-19 (B) lottery division of the comptroller's
279-20 office;
279-21 (C) comptroller; or
279-22 (D) director of the lottery division.
279-23 (b) It is an affirmative defense to prosecution under
279-24 Sections 47.04, 47.06(a), and 47.06(c) that the gambling device,
279-25 equipment, or paraphernalia is aboard an ocean-going vessel that
279-26 enters the territorial waters of this state to call at a port in
279-27 this state if:
280-1 (1) before the vessel enters the territorial waters of
280-2 this state, the district attorney or, if there is no district
280-3 attorney, the county attorney for the county in which the port is
280-4 located receives notice of the existence of the device, equipment,
280-5 or paraphernalia on board the vessel and of the anticipated dates
280-6 on which the vessel will enter and leave the territorial waters of
280-7 this state;
280-8 (2) the portion of the vessel in which the device,
280-9 equipment, or paraphernalia is located is locked or otherwise
280-10 physically secured in a manner that makes the area inaccessible to
280-11 anyone other than the master and crew of the vessel at all times
280-12 while the vessel is in the territorial waters of this state;
280-13 (3) no person other than the master and crew of the
280-14 vessel is permitted to enter or view the portion of the vessel in
280-15 which the device, equipment, or paraphernalia is located while the
280-16 vessel is in the territorial waters of this state; and
280-17 (4) the device, equipment, or paraphernalia is not
280-18 used for gambling or other gaming purposes while the vessel is in
280-19 the territorial waters of this state.
280-20 Sec. 47.10. <BINGO. It is a defense to prosecution for an
280-21 offense under this chapter that the conduct was authorized under
280-22 the Bingo Enabling Act.>
280-23 <Sec. 47.11. PARI-MUTUEL WAGERING ON CERTAIN RACES. It is a
280-24 defense to prosecution for an offense under this chapter that the
280-25 conduct was authorized under the Texas Racing Act.>
280-26 <Sec. 47.12. RAFFLE BY NONPROFIT ORGANIZATION. It is a
280-27 defense to prosecution under this chapter that the conduct was
281-1 authorized by the Charitable Raffle Enabling Act (Article 179f,
281-2 Revised Statutes).>
281-3 <Sec. 47.13.> American Documentation of Vessel Required. If
281-4 18 U.S.C. Section 1082 is repealed, the affirmative defenses
281-5 provided by Section 47.09(b) <Sections 47.04(c), 47.06(c), and
281-6 47.07(b) of this code> apply only if the vessel is documented under
281-7 the laws of the United States.
281-8 <Sec. 47.14. STATE LOTTERY. It is a defense to prosecution
281-9 for an offense under this chapter that the conduct:>
281-10 <(1) consisted entirely of participation in the state
281-11 lottery authorized by the State Lottery Act; or>
281-12 <(2) was a necessary incident to the operation of the
281-13 state lottery and was authorized, directly or indirectly, by the
281-14 State Lottery Act, the lottery division in the office of the
281-15 comptroller, the comptroller, or the director of the lottery
281-16 division.>
281-17 CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH
281-18 Sec. 48.01. Smoking Tobacco. (a) A person commits an
281-19 offense if he is in possession of a burning tobacco product or
281-20 smokes tobacco in a facility of a public primary or secondary
281-21 school or an elevator, enclosed theater or movie house, library,
281-22 museum, hospital, transit system bus, or intrastate bus, as defined
281-23 by Section 4(b) of the Uniform Act Regulating Traffic on Highways
281-24 (Article 6701d, Vernon's Texas Civil Statutes), plane, or train
281-25 which is a public place.
281-26 (b) It is a defense to prosecution under this section that
281-27 the conveyance or public place in which the offense takes place
282-1 does not have prominently displayed a reasonably sized notice that
282-2 smoking is prohibited by state law in such conveyance or public
282-3 place and that an offense is punishable by a fine not to exceed
282-4 $500.
282-5 (c) All conveyances and public places set out in Subsection
282-6 (a) of Section 48.01 shall be equipped with facilities for
282-7 extinguishment of smoking materials and it shall be a defense to
282-8 prosecution under this section if the conveyance or public place
282-9 within which the offense takes place is not so equipped.
282-10 (d) It is an exception to the application of Subsection (a)
282-11 if the person is in possession of the burning tobacco product or
282-12 smokes tobacco exclusively within an area designated for smoking
282-13 tobacco or as a participant in an authorized theatrical
282-14 performance.
282-15 (e) An area designated for smoking tobacco on a transit
282-16 system bus or intrastate plane or train must also include the area
282-17 occupied by the operator of the transit system bus, plane, or
282-18 train.
282-19 (f) An offense under this section is punishable as a Class C
282-20 misdemeanor.
282-21 Sec. 48.02. Prohibition of the Purchase and Sale of Human
282-22 Organs. (a) "Human organ" means the human kidney, liver, heart,
282-23 lung, pancreas, eye, bone, skin, fetal tissue, or any other human
282-24 organ or tissue, but does not include hair or blood, blood
282-25 components (including plasma), blood derivatives, or blood
282-26 reagents.
282-27 (b) A person commits an offense if he or she knowingly or
283-1 intentionally offers to buy, offers to sell, acquires, receives,
283-2 sells, or otherwise transfers any human organ for valuable
283-3 consideration.
283-4 (c) It is an exception to the application of this section
283-5 that the valuable consideration is: (1) a fee paid to a physician
283-6 or to other medical personnel for services rendered in the usual
283-7 course of medical practice or a fee paid for hospital or other
283-8 clinical services; (2) reimbursement of legal or medical expenses
283-9 incurred for the benefit of the ultimate receiver of the organ; or
283-10 (3) reimbursement of expenses of travel, housing, and lost wages
283-11 incurred by the donor of a human organ in connection with the
283-12 donation of the organ.
283-13 (d) A violation of this section is a Class A misdemeanor
283-14 <felony of the third degree>.
283-15 CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
283-16 Sec. 49.01. DEFINITIONS. In this chapter:
283-17 (1) "Alcohol concentration" means the number of grams
283-18 of alcohol per:
283-19 (A) 210 liters of breath;
283-20 (B) 100 milliliters of blood; or
283-21 (C) 67 milliliters of urine.
283-22 (2) "Intoxicated" means:
283-23 (A) not having the normal use of mental or
283-24 physical faculties by reason of the introduction of alcohol, a
283-25 controlled substance, a drug, a dangerous drug, a combination of
283-26 two or more of those substances, or any other substance into the
283-27 body; or
284-1 (B) having an alcohol concentration of 0.10 or
284-2 more.
284-3 (3) "Motor vehicle" has the meaning assigned by
284-4 Section 32.34(a).
284-5 (4) "Watercraft" means a vessel, one or more water
284-6 skis, an aquaplane, or another device used for transporting or
284-7 carrying a person on water, other than a device propelled only by
284-8 the current of water.
284-9 Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an
284-10 offense if the person appears in a public place while intoxicated
284-11 to the degree that the person may endanger the person or another.
284-12 (b) It is a defense to prosecution under this section that
284-13 the alcohol or other substance was administered for therapeutic
284-14 purposes and as a part of the person's professional medical
284-15 treatment by a licensed physician.
284-16 (c) An offense under this section is a Class C misdemeanor.
284-17 (d) An offense under this section is not a lesser included
284-18 offense under Section 49.04.
284-19 Sec. 49.03. CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
284-20 IN MOTOR VEHICLE. (a) A person commits an offense if the person
284-21 consumes an alcoholic beverage while operating a motor vehicle in a
284-22 public place and is observed doing so by a peace officer.
284-23 (b) An offense under this section is a Class C misdemeanor.
284-24 Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person
284-25 commits an offense if the person is intoxicated while driving or
284-26 operating a motor vehicle in a public place.
284-27 (b) Except as provided by Subsection (c) and Section 49.09,
285-1 an offense under this section is a Class B misdemeanor, with a
285-2 minimum term of confinement of 72 hours.
285-3 (c) If it is shown on the trial of an offense under this
285-4 section that at the time of the offense the person driving or
285-5 operating the motor vehicle had an open container of alcohol in the
285-6 person's immediate possession, the offense is a Class B
285-7 misdemeanor, with a minimum term of confinement of six days.
285-8 Sec. 49.05. FLYING WHILE INTOXICATED. (a) A person commits
285-9 an offense if the person is intoxicated while operating an
285-10 aircraft.
285-11 (b) Except as provided by Section 49.09, an offense under
285-12 this section is a Class B misdemeanor, with a minimum term of
285-13 confinement of 72 hours.
285-14 Sec. 49.06. BOATING WHILE INTOXICATED. (a) A person
285-15 commits an offense if the person is intoxicated while operating a
285-16 watercraft.
285-17 (b) Except as provided by Section 49.09, an offense under
285-18 this section is a Class B misdemeanor, with a minimum term of
285-19 confinement of 72 hours.
285-20 Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an
285-21 offense if the person, by accident or mistake, while operating an
285-22 aircraft, watercraft, or motor vehicle in a public place while
285-23 intoxicated, by reason of that intoxication causes serious bodily
285-24 injury to another.
285-25 (b) In this section, "serious bodily injury" means injury
285-26 that creates a substantial risk of death or that causes serious
285-27 permanent disfigurement or protracted loss or impairment of the
286-1 function of any bodily member or organ.
286-2 (c) An offense under this section is a felony of the third
286-3 degree.
286-4 Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) A person
286-5 commits an offense if the person:
286-6 (1) operates a motor vehicle in a public place, an
286-7 aircraft, or a watercraft; and
286-8 (2) is intoxicated and by reason of that intoxication
286-9 causes the death of another by accident or mistake.
286-10 (b) An offense under this section is a felony of the second
286-11 degree.
286-12 Sec. 49.09. ENHANCED OFFENSES AND PENALTIES. (a) If it is
286-13 shown on the trial of an offense under Section 49.04, 49.05, or
286-14 49.06 that the person has previously been convicted one time of an
286-15 offense relating to the driving or operating of a motor vehicle
286-16 while intoxicated, an offense of operating an aircraft while
286-17 intoxicated, or an offense of operating a watercraft while
286-18 intoxicated, the offense is a Class A misdemeanor, with a minimum
286-19 term of confinement of 15 days.
286-20 (b) If it is shown on the trial of an offense under Section
286-21 49.04, 49.05, or 49.06 that the person has previously been
286-22 convicted two times of an offense relating to the driving or
286-23 operating of a motor vehicle while intoxicated, an offense of
286-24 operating an aircraft while intoxicated, or an offense of operating
286-25 a watercraft while intoxicated, the offense is a felony of the
286-26 third degree.
286-27 (c) For the purposes of this section:
287-1 (1) "Offense relating to the driving or operating of a
287-2 motor vehicle while intoxicated" means:
287-3 (A) an offense under Section 49.04;
287-4 (B) an offense under Article 6701l-1, Revised
287-5 Statutes, as that law existed before September 1, 1994;
287-6 (C) an offense under Article 6701l-2, Revised
287-7 Statutes, as that law existed before January 1, 1984; or
287-8 (D) an offense under the laws of another state
287-9 that prohibit the operation of a motor vehicle while intoxicated.
287-10 (2) "Offense of operating an aircraft while
287-11 intoxicated" means:
287-12 (A) an offense under Section 49.05;
287-13 (B) an offense under Section 1, Chapter 46, Acts
287-14 of the 58th Legislature, Regular Session, 1963 (Article 46f-3,
287-15 Vernon's Texas Civil Statutes), as that law existed before
287-16 September 1, 1994; or
287-17 (C) an offense under the laws of another state
287-18 that prohibit the operation of an aircraft while intoxicated.
287-19 (3) "Offense of operating a watercraft while
287-20 intoxicated" means:
287-21 (A) an offense under Section 49.06;
287-22 (B) an offense under Section 31.097, Parks and
287-23 Wildlife Code, as that law existed before September 1, 1994; or
287-24 (C) an offense under the laws of another state
287-25 that prohibit the operation of a watercraft while intoxicated.
287-26 (d) For the purposes of this section, a conviction for an
287-27 offense under Section 49.04, 49.05, or 49.06 that occurs on or
288-1 after September 1, 1994, is a final conviction, whether the
288-2 sentence for the conviction is imposed or probated.
288-3 (e) A conviction may not be used for purposes of enhancement
288-4 under this section if:
288-5 (1) the conviction was a final conviction under
288-6 Subsection (e) and was for an offense committed more than 10 years
288-7 before the offense for which the person is being tried was
288-8 committed; and
288-9 (2) the person has not been convicted of an offense
288-10 under Section 49.04, 49.05, or 49.06 or any offense related to
288-11 driving or operating a motor vehicle while intoxicated committed
288-12 within 10 years before the date on which the offense for which the
288-13 person is being tried was committed.
288-14 Sec. 49.10. NO DEFENSE. In a prosecution under Section
288-15 49.03, 49.04, 49.05, 49.06, 49.07, or 49.08, the fact that the
288-16 defendant is or has been entitled to use the alcohol, controlled
288-17 substance, drug, dangerous drug, or other substance is not a
288-18 defense.
288-19 TITLE 11. ORGANIZED CRIME
288-20 <AND CRIMINAL STREET GANGS>
288-21 CHAPTER 71. ORGANIZED CRIME <AND CRIMINAL STREET GANGS>
288-22 Sec. 71.01. DEFINITIONS. In this chapter,
288-23 (a) "Combination" means three or more persons who
288-24 collaborate in carrying on criminal activities, although:
288-25 (1) participants may not know each other's identity;
288-26 (2) membership in the combination may change from time
288-27 to time; and
289-1 (3) participants may stand in a wholesaler-retailer or
289-2 other arm's-length relationship in illicit distribution operations.
289-3 (b) "Conspires to commit" means that a person agrees with
289-4 one or more persons that they or one or more of them engage in
289-5 conduct that would constitute the offense and that person and one
289-6 or more of them perform an overt act in pursuance of the agreement.
289-7 An agreement constituting conspiring to commit may be inferred from
289-8 the acts of the parties.
289-9 (c) "Profits" means property constituting or derived from
289-10 any proceeds obtained, directly or indirectly, from an offense
289-11 listed in Section 71.02 <of this code>.
289-12 <(d) "Criminal street gang" means three or more persons
289-13 having a common identifying sign or symbol or an identifiable
289-14 leadership who continuously or regularly associate in the
289-15 commission of criminal activities.>
289-16 Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (a) A
289-17 person commits an offense if, with the intent to establish,
289-18 maintain, or participate in a combination or in the profits of a
289-19 combination <or as a member of a criminal street gang>, he commits
289-20 or conspires to commit one or more of the following:
289-21 (1) murder, capital murder, arson, aggravated robbery,
289-22 robbery, burglary, theft, aggravated kidnapping, kidnapping,
289-23 aggravated assault, aggravated sexual assault, sexual assault, <or>
289-24 forgery, deadly conduct, assault punishable as a Class A
289-25 misdemeanor, burglary of a motor vehicle, or unauthorized use of a
289-26 motor vehicle;
289-27 (2) any <felony> gambling offense punishable as a
290-1 Class A misdemeanor;
290-2 (3) promotion of prostitution, aggravated promotion of
290-3 prostitution, or compelling prostitution;
290-4 (4) unlawful manufacture, transportation, repair, or
290-5 sale of firearms or prohibited weapons;
290-6 (5) unlawful manufacture, delivery, dispensation, or
290-7 distribution of a controlled substance or dangerous drug, or
290-8 unlawful possession of a controlled substance or dangerous drug
290-9 through forgery, fraud, misrepresentation, or deception;
290-10 (6) any unlawful wholesale promotion or possession of
290-11 any obscene material or obscene device with the intent to wholesale
290-12 promote the same;
290-13 (7) any unlawful employment, authorization, or
290-14 inducing of a child younger than 17 years of age in an obscene
290-15 sexual performance;
290-16 (8) any felony offense under Chapter 32, Penal Code;
290-17 or
290-18 (9) any offense under Chapter 36, Penal Code.
290-19 (b) Except as provided in Subsections <Subsection> (c) and
290-20 (d) <of this section>, an offense under this section is one
290-21 category higher than the most serious offense listed in
290-22 <Subdivisions (1) through (9) of> Subsection (a) <of this section>
290-23 that was committed, and if the most serious offense is a Class A
290-24 misdemeanor, the offense is a state jail felony <of the third
290-25 degree>, except that if the most serious offense is a felony of the
290-26 first degree, the offense is a felony of the first degree.
290-27 (c) Conspiring to commit an offense under this section is of
291-1 the same degree as the most serious offense listed in <Subdivisions
291-2 (1) through (9) of> Subsection (a) <of this section> that the
291-3 person conspired to commit.
291-4 (d) At the punishment stage of a trial, the defendant may
291-5 raise the issue as to whether in voluntary and complete
291-6 renunciation of the offense he withdrew from the combination before
291-7 commission of an offense listed in Subsection (a) and made
291-8 substantial effort to prevent the commission of the offense. If
291-9 the defendant proves the issue in the affirmative by a
291-10 preponderance of the evidence the offense is the same category of
291-11 offense as the most serious offense listed in Subsection (a) that
291-12 is committed, unless the defendant is convicted of conspiring to
291-13 commit the offense, in which event the offense is one category
291-14 lower than the most serious offense that the defendant conspired to
291-15 commit.
291-16 Sec. 71.03. Defenses Excluded. It is no defense to
291-17 prosecution under Section 71.02 <of this code> that:
291-18 (1) one or more members of the combination are not
291-19 criminally responsible for the object offense;
291-20 (2) one or more members of the combination have been
291-21 acquitted, have not been prosecuted or convicted, have been
291-22 convicted of a different offense, or are immune from prosecution;
291-23 (3) a person has been charged with, acquitted, or
291-24 convicted of any offense listed in Subsection (a) of Section 71.02
291-25 <of this code>; or
291-26 (4) once the initial combination of three <five> or
291-27 more persons is formed there is a change in the number or identity
292-1 of persons in the combination as long as two or more persons remain
292-2 in the combination and are involved in a continuing course of
292-3 conduct constituting an offense under this chapter.
292-4 Sec. 71.04. Testimonial Immunity. (a) A party to an
292-5 offense under this chapter may be required to furnish evidence or
292-6 testify about the offense.
292-7 (b) No evidence or testimony required to be furnished under
292-8 the provisions of this section nor any information directly or
292-9 indirectly derived from such evidence or testimony may be used
292-10 against the witness in any criminal case, except a prosecution for
292-11 aggravated perjury or contempt.
292-12 Sec. 71.05. Renunciation Defense. (a) It is an affirmative
292-13 defense to prosecution under Section 71.02 <of this code> that
292-14 under circumstances manifesting a voluntary and complete
292-15 renunciation of his criminal objective the actor withdrew from the
292-16 combination before commission of an offense listed in <Subdivisions
292-17 (1) through (7) of> Subsection (a) of Section 71.02 <of this code>
292-18 and took further affirmative action that prevented the commission
292-19 of the offense.
292-20 (b) For the purposes of this section and Subsection (d) of
292-21 Section 71.02, renunciation <Renunciation> is not voluntary if it
292-22 is motivated in whole or in part:
292-23 (1) by circumstances not present or apparent at the
292-24 inception of the actor's course of conduct that increase the
292-25 probability of detection or apprehension or that make more
292-26 difficult the accomplishment of the objective; or
292-27 (2) by a decision to postpone the criminal conduct
293-1 until another time or to transfer the criminal act to another but
293-2 similar objective or victim.
293-3 <(c) Evidence that the defendant withdrew from the
293-4 combination before commission of an offense listed in Subdivisions
293-5 (1) through (7) of Subsection (a) of Section 71.02 of this code and
293-6 made substantial effort to prevent the commission of an offense
293-7 listed in Subdivisions (1) through (7) of Subsection (a) of Section
293-8 71.02 of this code shall be admissible as mitigation at the hearing
293-9 on punishment if he has been found guilty under Section 71.02 of
293-10 this code, and in the event of a finding of renunciation under this
293-11 subsection, the punishment shall be one grade lower than that
293-12 provided under Section 71.02 of this code.>
293-13 SECTION 1.02. Section 5, Chapter 275, Acts of the 67th
293-14 Legislature, Regular Session, 1981, and Section 1, Chapter 587,
293-15 Acts of the 69th Legislature, Regular Session, 1985, are repealed.
293-16 SECTION 1.03. Chapter 3, Code of Criminal Procedure, is
293-17 amended by adding Article 3.04 to read as follows:
293-18 Art. 3.04. OFFICIAL MISCONDUCT. In this code:
293-19 (1) "Official misconduct" means an offense that is an
293-20 intentional or knowing violation of a law committed by a public
293-21 servant while acting in an official capacity as a public servant.
293-22 (2) "Public servant" has the meaning assigned by
293-23 Section 1.07, Penal Code.
293-24 SECTION 1.04. Chapter 14, Code of Criminal Procedure, is
293-25 amended by adding Article 14.031 to read as follows:
293-26 Art. 14.031. PUBLIC INTOXICATION. (a) In lieu of arresting
293-27 an individual who commits an offense under Section 49.02, Penal
294-1 Code, a peace officer may release an individual if:
294-2 (1) the officer believes detention in a penal facility
294-3 is unnecessary for the protection of the individual or others; and
294-4 (2) the individual:
294-5 (A) is released to the care of an adult who
294-6 agrees to assume responsibility for the individual; or
294-7 (B) verbally consents to voluntary treatment for
294-8 chemical dependency in a program in a treatment facility licensed
294-9 and approved by the Texas Commission on Alcohol and Drug Abuse, and
294-10 the program admits the individual for treatment.
294-11 (b) A magistrate may release from custody an individual
294-12 arrested under Section 49.02, Penal Code, if the magistrate
294-13 determines the individual meets the conditions required for release
294-14 in lieu of arrest under Subsection (a) of this article.
294-15 (c) The release of an individual under Subsection (a) or (b)
294-16 of this article to an alcohol or drug treatment program may not be
294-17 considered by a peace officer or magistrate in determining whether
294-18 the individual should be released to such a program for a
294-19 subsequent incident or arrest under Section 49.02, Penal Code.
294-20 (d) A peace officer and the agency or political subdivision
294-21 that employs the peace officer may not be held liable for damage to
294-22 persons or property that results from the actions of an individual
294-23 released under Subsection (a) or (b) of this article.
294-24 SECTION 1.05. Article 14.06(b), Code of Criminal Procedure,
294-25 is amended to read as follows:
294-26 (b) A peace officer who is charging a person with committing
294-27 an offense that is a Class C misdemeanor, other than an offense
295-1 under Section 49.02 <42.08>, Penal Code, may, instead of taking the
295-2 person before a magistrate, issue a citation to the person that
295-3 contains written notice of the time and place the person must
295-4 appear before a magistrate, the name and address of the person
295-5 charged, and the offense charged.
295-6 SECTION 1.06. Article 18.20, Code of Criminal Procedure, is
295-7 amended by adding Section 18 to read as follows:
295-8 Sec. 18. This article expires September 1, 2005, and shall
295-9 not be in force on and after that date.
295-10 SECTION 1.07. Subchapter A, Chapter 102, Code of Criminal
295-11 Procedure, is amended by adding Article 102.017 to read as follows:
295-12 Art. 102.017. COSTS ATTENDANT TO INTOXICATION CONVICTIONS.
295-13 (a) Except as provided by Subsection (d) of this article, on
295-14 conviction of an offense relating to the driving or operating of a
295-15 motor vehicle under Section 49.04, Penal Code, the court shall
295-16 impose a cost of $15 on a defendant if, subsequent to the arrest of
295-17 the defendant, a law enforcement agency visually recorded the
295-18 defendant with an electronic device. Costs imposed under this
295-19 subsection are in addition to other court costs and are due whether
295-20 or not the defendant is granted probation in the case. The court
295-21 shall collect the costs in the same manner as other costs are
295-22 collected in the case.
295-23 (b) Except as provided by Subsection (d) of this article, on
295-24 conviction of an offense relating to the driving or operating of a
295-25 motor vehicle punishable under Section 49.04(b), Penal Code, the
295-26 court shall impose as a cost of court on the defendant an amount
295-27 that is equal to the cost of an evaluation of the defendant
296-1 performed under Section 13(a), Article 42.12, of this code. Costs
296-2 imposed under this subsection are in addition to other court costs
296-3 and are due whether or not the defendant is granted probation in
296-4 the case, except that if the court determines that the defendant is
296-5 indigent and unable to pay the cost, the court may waive the
296-6 imposition of the cost.
296-7 (c)(1) Except as provided by Subsection (d) of this article,
296-8 if a person commits an offense under Chapter 49, Penal Code, and as
296-9 a direct result of the offense the person causes an incident
296-10 resulting in an accident response by a public agency, the person is
296-11 liable on conviction for the offense for the reasonable expense to
296-12 the agency of the accident response. In this article, a person is
296-13 considered to have been convicted in a case if:
296-14 (A) sentence is imposed;
296-15 (B) the defendant receives probation or deferred
296-16 adjudication; or
296-17 (C) the court defers final disposition of the
296-18 case.
296-19 (2) The liability authorized by this subsection may be
296-20 established by civil suit; however, if a determination is made
296-21 during a criminal trial that a person committed an offense under
296-22 Chapter 49, Penal Code, and as a direct result of the offense the
296-23 person caused an incident resulting in an accident response by a
296-24 public agency, the court may include the obligation for the
296-25 liability as part of the judgment. A judgment that includes such
296-26 an obligation is enforceable as any other judgment.
296-27 (3) The liability is a debt of the person to the
297-1 public agency, and the public agency may collect the debt in the
297-2 same manner as the public agency collects an express or implied
297-3 contractual obligation to the agency.
297-4 (4) A person's liability under this subsection for the
297-5 reasonable expense of an accident response may not exceed $1,000
297-6 for a particular incident. For the purposes of this subdivision, a
297-7 reasonable expense for an accident response includes only those
297-8 costs to the public agency arising directly from an accident
297-9 response to a particular incident, such as the cost of providing
297-10 police, fire-fighting, rescue, ambulance, and emergency medical
297-11 services at the scene of the incident and the salaries of the
297-12 personnel of the public agency responding to the incident.
297-13 (5) A bill for the expense of an accident response
297-14 sent to a person by a public agency under this subsection must
297-15 contain an itemized accounting of the components of the total
297-16 charge. A bill that complies with this subdivision is prima facie
297-17 evidence of the reasonableness of the costs incurred in the
297-18 accident response to which the bill applies.
297-19 (6) A policy of motor vehicle insurance delivered,
297-20 issued for delivery, or renewed in this state may not cover payment
297-21 of expenses charged to a person under this subsection.
297-22 (7) In this subsection, "public agency" means the
297-23 state, a county, a municipality district, or a public authority
297-24 located in whole or in part in this state that provides police,
297-25 fire-fighting, rescue, ambulance, or emergency medical services.
297-26 (d) Subsections (a), (b), and (c) of this article do not
297-27 apply to an offense under Section 49.02 or 49.03, Penal Code.
298-1 SECTION 1.08. Subsection (g), Section 24, Chapter 173, Acts
298-2 of the 47th Legislature, Regular Session, 1941 (Article 6687b,
298-3 Vernon's Texas Civil Statutes), is amended by amending Subdivision
298-4 (2) and adding Subdivision (5) to read as follows:
298-5 (2)(A) After the date has passed, according to records
298-6 of the Department, for successful completion of an educational
298-7 program designed to rehabilitate persons who have driven while
298-8 intoxicated, if the records do not indicate successful completion
298-9 of the program, the Director shall suspend the person's driver's
298-10 license, permit, or nonresident operating privilege or, if the
298-11 person is a resident without a license or permit to operate a motor
298-12 vehicle in this state, shall issue an order prohibiting the person
298-13 from obtaining a license or permit. A suspension or prohibition
298-14 order under this subsection is effective for a period of twelve
298-15 (12) months.
298-16 (B) After the date has passed, according to
298-17 records of the Department, for successful completion of an
298-18 educational program for repeat offenders as required by Section
298-19 13, Article 42.12, Code of Criminal Procedure, if the records do
298-20 not indicate successful completion of the program, the Director
298-21 shall suspend the person's driver's license, permit, or nonresident
298-22 operating privilege or, if the person is a resident without a
298-23 license or permit to operate a motor vehicle in this state, shall
298-24 issue an order prohibiting the person from obtaining a license or
298-25 permit. A suspension or prohibition order under this subsection is
298-26 continued until the person successfully completes that program.
298-27 (5) On the date that a suspension under Subsection (c)
299-1 of this section is to expire, the period of suspension or the
299-2 corresponding period in which the Department is prohibited from
299-3 issuing a license to a person is automatically increased for a
299-4 period of 24 months unless the Department has received notice that
299-5 the person has successfully completed an educational program under
299-6 Section 13, Article 42.12, Code of Criminal Procedure. At the time
299-7 a person is convicted of an offense under Section 49.04, Penal
299-8 Code, the court shall warn the person of the effect of this
299-9 subdivision. On successful completion of the program, a person
299-10 shall present proof of the completion to the clerk of the court in
299-11 which the person was convicted. The clerk shall report the date of
299-12 completion to the Department in the same manner as required by
299-13 Section 13, Article 42.12, Code of Criminal Procedure. If the
299-14 Department receives proof of completion after a period of
299-15 suspension or prohibition has been extended under this subdivision,
299-16 the Department shall immediately end the suspension or prohibition.
299-17 This subdivision does not apply to a person whose license the
299-18 Department is prohibited from suspending under Subdivision (1) of
299-19 this subsection.
299-20 SECTION 1.09. Section 1, Chapter 434, Acts of the 61st
299-21 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
299-22 Civil Statutes), is amended to read as follows:
299-23 Sec. 1. Any person who operates a motor vehicle in <upon the
299-24 public highways or upon> a public place, or a watercraft, <beach>
299-25 in this state shall be deemed to have given consent, subject to the
299-26 provisions of this Act, to submit to the taking of one or more
299-27 specimens of his breath or blood for the purpose of analysis to
300-1 determine the alcohol concentration or the presence in his body of
300-2 a controlled substance, <or> drug, dangerous drug, or other
300-3 substance, if arrested for any offense arising out of acts alleged
300-4 to have been committed while a person was driving or in actual
300-5 physical control of a motor vehicle or a watercraft while
300-6 intoxicated. Any person so arrested may consent to the giving of
300-7 any other type of specimen to determine his alcohol concentration,
300-8 but he shall not be deemed, solely on the basis of his operation of
300-9 a motor vehicle in <upon the public highways or upon> a public
300-10 place, or a watercraft, <beach> in this state, to have given
300-11 consent to give any type of specimen other than a specimen of his
300-12 breath or blood. The specimen, or specimens, shall be taken at the
300-13 request of a peace officer having reasonable grounds to believe the
300-14 person to have been driving or in actual physical control of a
300-15 motor vehicle in <upon the public highways or upon> a public place,
300-16 or a watercraft, <beach> in this state while intoxicated.
300-17 SECTION 1.10. Section 2, Chapter 434, Acts of the 61st
300-18 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
300-19 Civil Statutes), is amended by amending Subsection (f) and adding
300-20 Subsections (j) and (k) to read as follows:
300-21 (f) When the director receives the report, the director
300-22 shall suspend the person's license, permit, or nonresident
300-23 operating privilege, or shall issue an order prohibiting the person
300-24 from obtaining a license or permit, for 90 days effective 28 days
300-25 after the date the person receives notice by certified mail or 31
300-26 days after the date the director sends notice by certified mail, if
300-27 the person has not accepted delivery of the notice. If, not later
301-1 than the 20th day after the date on which the person receives
301-2 notice by certified mail or the 23rd day after the date the
301-3 director sent notice by certified mail, if the person has not
301-4 accepted delivery of the notice, the department receives a written
301-5 demand that a hearing be held, the department shall, not later than
301-6 the 10th day after the day of receipt of the demand, request a
301-7 court to set the hearing for the earliest possible date. The
301-8 hearing shall be set in the same manner as a hearing under Section
301-9 22(a), Chapter 173, Acts of the 47th Legislature, Regular Session,
301-10 1941, as amended (Article 6687b, Vernon's Texas Civil Statutes).
301-11 If, upon such hearing the court finds (1) that probable cause
301-12 existed that such person was driving or in actual physical control
301-13 of a motor vehicle in <on the highway or upon> a public place
301-14 <beach> while intoxicated, (2) that the person was placed under
301-15 arrest by the officer and was offered an opportunity to give a
301-16 specimen under the provisions of this Act, and (3) that such person
301-17 refused to give a specimen upon request of the officer, then the
301-18 Director of the <Texas> Department of Public Safety shall suspend
301-19 the person's license or permit to drive, or any nonresident
301-20 operating privilege for a period of 90 days, as ordered by the
301-21 court. If the person is a resident without a license or permit to
301-22 operate a motor vehicle in this State, the <Texas> Department of
301-23 Public Safety shall deny to the person the issuance of a license or
301-24 permit for 90 days.
301-25 (j) This section applies only to a person arrested for an
301-26 offense involving the operation of a motor vehicle.
301-27 (k) A suspension under this Act may not be probated.
302-1 SECTION 1.11. Sections 3(a), (c), (h), (i), and (j), Chapter
302-2 434, Acts of the 61st Legislature, Regular Session, 1969 (Article
302-3 6701l-5, Vernon's Texas Civil Statutes), are amended to read as
302-4 follows:
302-5 (a) Upon the trial of any criminal action or proceeding
302-6 arising out of an offense involving the operation of a motor
302-7 vehicle or a watercraft under Chapter 49 <Subdivision (2),
302-8 Subsection (a), Section 19.05>, Penal Code, <or an offense under
302-9 Article 6701l-1, Revised Statutes,> evidence of the alcohol
302-10 concentration or presence of a controlled substance, <or> drug,
302-11 dangerous drug, or other substance as shown by analysis of a
302-12 specimen of the person's blood, breath, urine, or any other bodily
302-13 substances taken at the request or order of a peace officer, shall
302-14 be admissible.
302-15 (c) When a person gives a specimen of blood at the request
302-16 or order of a peace officer under the provisions of this Act, only
302-17 a physician, qualified technician, chemist, registered professional
302-18 nurse, or licensed vocational nurse may withdraw a blood specimen
302-19 for the purpose of determining the alcohol concentration or
302-20 presence of a controlled substance, <or> drug, dangerous drug, or
302-21 other substance therein. For purposes of this subsection,
302-22 "qualified technician" does not include emergency medical services
302-23 personnel. The sample must be taken in a sanitary place. The
302-24 person drawing the blood specimen at the request or order of a
302-25 peace officer under the provisions of this Act, or the hospital
302-26 where that person is taken for the purpose of securing the blood
302-27 specimen, shall not be held liable for damages arising from the
303-1 request or order of the peace officer to take the blood specimen as
303-2 provided herein, provided the blood specimen was withdrawn
303-3 according to recognized medical procedures, and provided further
303-4 that the foregoing shall not relieve any such person from liability
303-5 for negligence in the withdrawing of any blood specimen. Breath
303-6 specimens taken at the request or order of a peace officer must be
303-7 taken and analysis made under such conditions as may be prescribed
303-8 by the <Texas> Department of Public Safety, and by such persons as
303-9 the <Texas> Department of Public Safety has certified to be
303-10 qualified.
303-11 (h) Any person who is dead, unconscious, or otherwise in a
303-12 condition rendering the person incapable of refusal, whether the
303-13 person was arrested or not, shall be deemed not to have withdrawn
303-14 the consent provided by Section 1 of this Act. If the person is
303-15 dead, a specimen may be withdrawn by the county medical examiner or
303-16 the examiner's designated agent or, if there is no county medical
303-17 examiner for the county, by a licensed mortician or a person
303-18 authorized as provided by Subsection (c) of this section. If the
303-19 person is not dead but is incapable of refusal, a specimen may be
303-20 withdrawn by a person authorized as provided by Subsection (c) of
303-21 this section. Evidence of alcohol concentration or the presence of
303-22 a controlled substance, <or> drug, dangerous drug, or other
303-23 substance obtained by an analysis authorized by this subsection is
303-24 admissible in a civil or criminal action.
303-25 (i) A peace officer shall require a person to give a
303-26 specimen under Section 2 of this Act if:
303-27 (1) the officer arrests the person for an offense
304-1 involving the operation of a motor vehicle or a watercraft under
304-2 Chapter 49 <Subdivision (2), Subsection (a), Section 19.05>, Penal
304-3 Code<, or an offense under Article 6701l-1, Revised Statutes, as
304-4 amended>;
304-5 (2) the person was the operator of a motor vehicle or
304-6 a watercraft involved in an accident that the officer reasonably
304-7 believes occurred as a result of the offense;
304-8 (3) at the time of the arrest the officer reasonably
304-9 believes that a person has died or will die as a direct result of
304-10 the accident; and
304-11 (4) the person refuses the officer's request to
304-12 voluntarily give a specimen.
304-13 (j) In this Act:
304-14 (1) "Alcohol concentration" has the meaning assigned
304-15 by Section 49.01, Penal Code <means:>
304-16 <(A) the number of grams of alcohol per 100
304-17 milliliters of blood;>
304-18 <(B) the number of grams of alcohol per 210
304-19 liters of breath; or>
304-20 <(C) the number of grams of alcohol per 67
304-21 milliliters of urine>.
304-22 (2) "Controlled substance" has the <same> meaning
304-23 assigned by <as is given that term in> Section 481.002, Health and
304-24 Safety Code.
304-25 (3) "Dangerous drug" has the meaning assigned by
304-26 Section 483.001, Health and Safety Code.
304-27 (4) "Drug" has the <same> meaning assigned by <as is
305-1 given that term in> Section 481.002, Health and Safety Code.
305-2 (5) <(4)> "Intoxicated" has the meaning assigned by
305-3 Section 49.01, Penal Code <means:>
305-4 <(A) not having the normal use of mental or
305-5 physical faculties by reason of the introduction of alcohol, a
305-6 controlled substance, a drug, or a combination of two or more of
305-7 those substances into the body; or>
305-8 <(B) having an alcohol concentration of 0.10 or
305-9 more>.
305-10 <(5) "Public beach" has the same meaning as is given
305-11 that term in the Uniform Act Regulating Traffic on Highways
305-12 (Article 6701d, Vernon's Texas Civil Statutes).>
305-13 (6) <"Public highway" has the same meaning as is given
305-14 the term "highway" in the Uniform Act Regulating Traffic on
305-15 Highways (Article 6701d, Vernon's Texas Civil Statutes).>
305-16 <(7)> "Public place" has the meaning assigned by
305-17 <Subdivision (29), Subsection (a),> Section 1.07, Penal Code.
305-18 SECTION 1.12. Section 31.097, Parks and Wildlife Code, is
305-19 repealed.
305-20 SECTION 1.13. Section 1, Chapter 46, Acts of the 58th
305-21 Legislature, Regular Session, 1963 (Article 46f-3, Vernon's Texas
305-22 Civil Statutes), is repealed.
305-23 SECTION 1.14. Section 107E, Uniform Act Regulating Traffic
305-24 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
305-25 repealed.
305-26 SECTION 1.15. Article 6701l-1, Revised Statutes, is
305-27 repealed.
306-1 SECTION 1.16. Section 11.17, Chapter 10, Acts of the 72nd
306-2 Legislature, 2nd Called Session, 1991, is repealed.
306-3 SECTION 1.17. Under the terms of Section 22.109(b),
306-4 Government Code, Rule 412(e), Texas Rules of Criminal Evidence, is
306-5 disapproved.
306-6 SECTION 1.18. (a) The change in law made by this article
306-7 applies only to an offense committed on or after the effective date
306-8 of this article. For purposes of this section, an offense is
306-9 committed before the effective date of this article if any element
306-10 of the offense occurs before the effective date.
306-11 (b) An offense committed before the effective date of this
306-12 article is covered by the law in effect when the offense was
306-13 committed, and the former law is continued in effect for that
306-14 purpose.
306-15 SECTION 1.19. (a) Except as provided by Subsection (b) of
306-16 this section, this article takes effect on September 1, 1994.
306-17 (b) The repeal of Section 12.422, Penal Code, as provided by
306-18 Section 1.01 of this article, Section 16.02(i), Penal Code, as
306-19 added by Section 1.01 of this article, and Sections 1.02, 1.06, and
306-20 1.16 of this article take effect September 1, 1993.
306-21 ARTICLE 2
306-22 SECTION 2.01. Section 481.002, Health and Safety Code, is
306-23 amended by adding Subdivision (49) to read as follows:
306-24 (49) "Adulterant or dilutant" means any material that
306-25 increases the bulk or quantity of a controlled substance,
306-26 regardless of its effect on the chemical activity of the controlled
306-27 substance.
307-1 SECTION 2.02. Sections 481.108, 481.112, 481.113, 481.114,
307-2 481.115, 481.116, 481.117, 481.118, 481.120, 481.121, 481.122,
307-3 481.125, 481.126, 481.127, 481.128, 481.129, and 481.131, Health
307-4 and Safety Code, are amended to read as follows:
307-5 Sec. 481.108. Preparatory Offenses. Title 4, Penal Code,
307-6 applies to Section 481.126 <and offenses designated as aggravated
307-7 offenses under this subchapter>, except that the punishment for a
307-8 preparatory offense under Section 481.126 is the punishment for a
307-9 first degree felony <the same as the punishment prescribed for the
307-10 offense that was the object of the preparatory offense>.
307-11 Sec. 481.112. Offense: Manufacture or Delivery of Substance
307-12 in Penalty Group 1. (a) Except as authorized by this chapter, a
307-13 person commits an offense if the person knowingly or intentionally
307-14 manufactures, delivers, or possesses with intent to manufacture or
307-15 deliver a controlled substance listed in Penalty Group 1.
307-16 (b) An offense under Subsection (a) is a state jail felony
307-17 <of the first degree> if the amount of the controlled substance to
307-18 which the offense applies is, by aggregate weight, including
307-19 adulterants or dilutants, less than one gram <28 grams>.
307-20 (c) An <A person commits an aggravated offense if the person
307-21 commits an> offense under Subsection (a) is a felony of the second
307-22 degree if <and> the amount of the controlled substance to which the
307-23 offense applies is, by aggregate weight, including adulterants or
307-24 dilutants, one gram <28 grams> or more but less than four grams.
307-25 (d) An offense under Subsection (a) <(c)> is a felony of the
307-26 first degree<:>
307-27 <(1) punishable by confinement in the Texas Department
308-1 of Corrections for life or for a term of not more than 99 years or
308-2 less than 5 years, and a fine not to exceed $50,000,> if the amount
308-3 of the controlled substance to which the offense applies is, by
308-4 aggregate weight, including adulterants or dilutants, four <28>
308-5 grams or more but less than 200 grams.
308-6 (e) An offense under Subsection (a) is<;>
308-7 <(2)> punishable by imprisonment <confinement> in the
308-8 institutional division of the Texas Department of Criminal Justice
308-9 <Corrections> for life or for a term of not more than 99 years or
308-10 less than 10 years, and a fine not to exceed $100,000, if the
308-11 amount of the controlled substance to which the offense applies is,
308-12 by aggregate weight, including adulterants or dilutants, 200 grams
308-13 or more but less than 400 grams.<; and>
308-14 (f) An offense under Subsection (a) is <(3)> punishable by
308-15 imprisonment <confinement> in the institutional division of the
308-16 Texas Department of Criminal Justice <Corrections> for life or for
308-17 a term of not more than 99 years or less than 15 years, and a fine
308-18 not to exceed $250,000, if the amount of the controlled substance
308-19 to which the offense applies is, by aggregate weight, including
308-20 adulterants or dilutants, 400 grams or more.
308-21 Sec. 481.113. Offense: Manufacture or Delivery of Substance
308-22 in Penalty Group 2. (a) Except as authorized by this chapter, a
308-23 person commits an offense if the person knowingly or intentionally
308-24 manufactures, delivers, or possesses with intent to manufacture or
308-25 deliver a controlled substance listed in Penalty Group 2.
308-26 (b) An offense under Subsection (a) is a state jail felony
308-27 <of the second degree> if the amount of the controlled substance to
309-1 which the offense applies is, by aggregate weight, including
309-2 adulterants or dilutants, less than one gram <28 grams>.
309-3 (c) An <A person commits an aggravated offense if the person
309-4 commits an> offense under Subsection (a) is a felony of the second
309-5 degree if <and> the amount of the controlled substance to which the
309-6 offense applies is, by aggregate weight, including adulterants or
309-7 dilutants, one gram <28 grams> or more but less than four grams.
309-8 (d) An offense under Subsection (a) <(c)> is a felony of the
309-9 first degree<:>
309-10 <(1) punishable by confinement in the Texas Department
309-11 of Corrections for life or for a term of not more than 99 years or
309-12 less than 5 years, and a fine not to exceed $50,000,> if the amount
309-13 of the controlled substance to which the offense applies is, by
309-14 aggregate weight, including adulterants or dilutants, four <28>
309-15 grams or more but less than 400 grams.<; and>
309-16 (e) An offense under Subsection (a) is <(2)> punishable by
309-17 imprisonment <confinement> in the institutional division of the
309-18 Texas Department of Criminal Justice <Corrections> for life or for
309-19 a term of not more than 99 years or less than 10 years, and a fine
309-20 not to exceed $100,000, if the amount of the controlled substance
309-21 to which the offense applies is, by aggregate weight, including
309-22 adulterants or dilutants, 400 grams or more.
309-23 Sec. 481.114. Offense: Manufacture or Delivery of Substance
309-24 in Penalty Group 3 or 4. (a) Except as authorized by this
309-25 chapter, a person commits an offense if the person knowingly or
309-26 intentionally manufactures, delivers, or possesses with intent to
309-27 manufacture or deliver a controlled substance listed in Penalty
310-1 Group 3 or 4.
310-2 (b) An offense under Subsection (a) is a state jail felony
310-3 <of the third degree> if the amount of the controlled substance to
310-4 which the offense applies is, by aggregate weight, including
310-5 adulterants or dilutants, less than 28 <200> grams.
310-6 (c) An <A person commits an aggravated offense if the person
310-7 commits an> offense under Subsection (a) is a felony of the second
310-8 degree if <and> the amount of the controlled substance to which the
310-9 offense applies is, by aggregate weight, including adulterants or
310-10 dilutants, 28 <200> grams or more but less than 200 grams.
310-11 (d) An offense under Subsection (a) <(c)> is a felony of the
310-12 first degree<:>
310-13 <(1) punishable by confinement in the Texas Department
310-14 of Corrections for life or for a term of not more than 99 years or
310-15 less than 5 years, and a fine not to exceed $50,000>, if the amount
310-16 of the controlled substance to which the offense applies is, by
310-17 aggregate weight, including adulterants or dilutants, 200 grams or
310-18 more but less than 400 grams.<; and>
310-19 (e) An offense under Subsection (a) is <(2)> punishable by
310-20 imprisonment <confinement> in the institutional division of the
310-21 Texas Department of Criminal Justice <Corrections> for life or for
310-22 a term of not more than 99 years or less than 10 years, and a fine
310-23 not to exceed $100,000, if the amount of the controlled substance
310-24 to which the offense applies is, by aggregate weight, including any
310-25 adulterants or dilutants, 400 grams or more.
310-26 Sec. 481.115. Offense: Possession of Substance in Penalty
310-27 Group 1. (a) Except as authorized by this chapter, a person
311-1 commits an offense if the person knowingly or intentionally
311-2 possesses a controlled substance listed in Penalty Group 1, unless
311-3 the person obtained the substance directly from or under a valid
311-4 prescription or order of a practitioner acting in the course of
311-5 professional practice.
311-6 (b) An offense under Subsection (a) is a state jail felony
311-7 <of the second degree> if the amount of the controlled substance
311-8 possessed is, by aggregate weight, including adulterants or
311-9 dilutants, less than one gram <28 grams>.
311-10 (c) An <A person commits an aggravated offense if the person
311-11 commits an> offense under Subsection (a) is a felony of the third
311-12 degree if <and> the amount of the controlled substance possessed
311-13 is, by aggregate weight, including adulterants or dilutants, one
311-14 gram <28 grams> or more but less than four grams.
311-15 (d) An offense under Subsection (a) <(c)> is a felony of the
311-16 second degree<:>
311-17 <(1) punishable by confinement in the Texas Department
311-18 of Corrections for life or for a term of not more than 99 years or
311-19 less than 5 years, and a fine not to exceed $50,000,> if the amount
311-20 of the controlled substance possessed is, by aggregate weight,
311-21 including adulterants or dilutants, four <28> grams or more but
311-22 less than 200 <400> grams.<; and>
311-23 (e) An offense under Subsection (a) is a felony of the first
311-24 degree if the amount of the controlled substance possessed is, by
311-25 aggregate weight, including adulterants or dilutants, 200 grams or
311-26 more but less than 400 grams.
311-27 (f) An offense under Subsection (a) is <(2)> punishable by
312-1 imprisonment <confinement> in the institutional division of the
312-2 Texas Department of Criminal Justice <Corrections> for life or for
312-3 a term of not more than 99 years or less than 10 years, and a fine
312-4 not to exceed $100,000, if the amount of the controlled substance
312-5 possessed is, by aggregate weight, including adulterants or
312-6 dilutants, 400 grams or more.
312-7 Sec. 481.116. Offense: Possession of Substance in Penalty
312-8 Group 2. (a) Except as authorized by this chapter, a person
312-9 commits an offense if the person knowingly or intentionally
312-10 possesses a controlled substance listed in Penalty Group 2, unless
312-11 the person obtained the substance directly from or under a valid
312-12 prescription or order of a practitioner acting in the course of
312-13 professional practice.
312-14 (b) An offense under Subsection (a) is a state jail felony
312-15 <of the third degree> if the amount of the controlled substance
312-16 possessed is, by aggregate weight, including adulterants or
312-17 dilutants, less than one gram <28 grams>.
312-18 (c) An <A person commits an aggravated offense if the person
312-19 commits an> offense under Subsection (a) is a felony of the third
312-20 degree if <and> the amount of the controlled substance possessed
312-21 is, by aggregate weight, including adulterants or dilutants, one
312-22 gram <28 grams> or more but less than four grams.
312-23 (d) An offense under Subsection (a) <(c)> is a felony of the
312-24 second degree<:>
312-25 <(1) punishable by confinement in the Texas Department
312-26 of Corrections for life or for a term of not more than 99 years or
312-27 less than 5 years, and a fine not to exceed $50,000,> if the amount
313-1 of the controlled substance possessed is, by aggregate weight,
313-2 including adulterants or dilutants, four <28> grams or more but
313-3 less than 400 grams.<; and>
313-4 (e) An offense under Subsection (a) is <(2)> punishable by
313-5 imprisonment <confinement> in the institutional division of the
313-6 Texas Department of Criminal Justice <Corrections> for life or for
313-7 a term of not more than 99 years or less than five <10> years, and
313-8 a fine not to exceed $50,000 <$100,000>, if the amount of the
313-9 controlled substance possessed is, by aggregate weight, including
313-10 adulterants or dilutants, 400 grams or more.
313-11 Sec. 481.117. Offense: Possession of Substance in Penalty
313-12 Group 3. (a) Except as authorized by this chapter, a person
313-13 commits an offense if the person knowingly or intentionally
313-14 possesses a controlled substance listed in Penalty Group 3, unless
313-15 the person obtains the substance directly from or under a valid
313-16 prescription or order of a practitioner acting in the course of
313-17 professional practice.
313-18 (b) An offense under Subsection (a) is a Class A misdemeanor
313-19 if the amount of the controlled substance possessed is, by
313-20 aggregate weight, including adulterants or dilutants, less than 28
313-21 <200> grams.
313-22 (c) An <A person commits an aggravated offense if the person
313-23 commits an> offense under Subsection (a) is a felony of the third
313-24 degree if <and> the amount of the controlled substance possessed
313-25 is, by aggregate weight, including adulterants or dilutants, 28
313-26 <200> grams or more but less than 200 grams.
313-27 (d) An offense under Subsection (a) <(c)> is a felony of the
314-1 second degree<:>
314-2 <(1) punishable by confinement in the Texas Department
314-3 of Corrections for life or for a term of not more than 99 years or
314-4 less than 5 years, and a fine not to exceed $50,000>, if the amount
314-5 of the controlled substance possessed is, by aggregate weight,
314-6 including adulterants or dilutants, 200 grams or more but less than
314-7 400 grams.<; and>
314-8 (e) An offense under Subsection (a) is <(2)> punishable by
314-9 imprisonment <confinement> in the institutional division of the
314-10 Texas Department of Criminal Justice <Corrections> for life or for
314-11 a term of not more than 99 years or less than five <10> years, and
314-12 a fine not to exceed $50,000 <$100,000>, if the amount of the
314-13 controlled substance possessed is, by aggregate weight, including
314-14 adulterants or dilutants, 400 grams or more.
314-15 Sec. 481.118. Offense: Possession Of Substance In Penalty
314-16 Group 4. (a) Except as authorized by this chapter, a person
314-17 commits an offense if the person knowingly or intentionally
314-18 possesses a controlled substance listed in Penalty Group 4, unless
314-19 the person obtained the substance directly from or under a valid
314-20 prescription or order of a practitioner acting in the course of
314-21 practice.
314-22 (b) An offense under Subsection (a) is a Class B misdemeanor
314-23 if the amount of the controlled substance possessed is, by
314-24 aggregate weight, including adulterants or dilutants, less than 28
314-25 <200> grams.
314-26 (c) An <A person commits an aggravated offense if the person
314-27 commits an> offense under Subsection (a) is a felony of the third
315-1 degree if <and> the amount of the controlled substance possessed
315-2 is, by aggregate weight, including adulterants or dilutants, 28
315-3 <200> grams or more but less than 200 grams.
315-4 (d) An offense under Subsection (a) <(c)> is a felony of the
315-5 second degree<:>
315-6 <(1) punishable by confinement in the Texas Department
315-7 of Corrections for life or a term of not more than 99 years or less
315-8 than 5 years, and a fine not to exceed $50,000>, if the amount of
315-9 the controlled substance possessed is, by aggregate weight,
315-10 including adulterants or dilutants, 200 grams or more but less than
315-11 400 grams.<; and>
315-12 (e) An offense under Subsection (a) is <(2)> punishable by
315-13 imprisonment <confinement> in the institutional division of the
315-14 Texas Department of Criminal Justice <Corrections> for life or for
315-15 a term of not more than 99 years or less than five <10> years, and
315-16 a fine not to exceed $50,000 <$100,000>, if the amount of the
315-17 controlled substance possessed is, by aggregate weight, including
315-18 adulterants or dilutants, 400 grams or more.
315-19 Sec. 481.120. Offense: Delivery of Marihuana. (a) Except
315-20 as authorized by this chapter, a person commits an offense if the
315-21 person knowingly or intentionally delivers marihuana.
315-22 (b) An offense under Subsection (a) is:
315-23 (1) a Class B misdemeanor if the amount of marihuana
315-24 delivered is one-fourth ounce or less and the person committing the
315-25 offense does not receive remuneration for the marihuana;
315-26 (2) a Class A misdemeanor if the amount of marihuana
315-27 delivered is one-fourth ounce or less and the person committing the
316-1 offense receives remuneration for the marihuana;
316-2 (3) a state jail felony <of the third degree> if the
316-3 amount of marihuana delivered is five pounds <four ounces> or less
316-4 but more than one-fourth ounce;
316-5 (4) a felony of the second degree if the amount of
316-6 marihuana delivered is 50 <five> pounds or less but more than five
316-7 pounds <four ounces>; <and>
316-8 (5) a felony of the first degree if the amount of
316-9 marihuana delivered is 2,000 <50> pounds or less but more than 50
316-10 <5> pounds; and<.>
316-11 <(c) A person commits an aggravated offense if the person
316-12 commits an offense under Subsection (a) and the amount of marihuana
316-13 delivered is more than 50 pounds.>
316-14 <(d) An offense under Subsection (c) is:>
316-15 <(1) punishable by confinement in the Texas Department
316-16 of Corrections for life or for a term of not more than 99 years or
316-17 less than 5 years, and a fine not to exceed $50,000, if the amount
316-18 of marihuana delivered is 200 pounds or less but more than 50
316-19 pounds;>
316-20 (6) <(2)> punishable by imprisonment <confinement> in
316-21 the institutional division of the Texas Department of Criminal
316-22 Justice <Corrections> for life or for a term of not more than 99
316-23 years or less than 10 years, and a fine not to exceed $100,000, <if
316-24 the amount of marihuana delivered is 2,000 pounds or less but more
316-25 than 200 pounds; and>
316-26 <(3) punishable by confinement in the Texas Department
316-27 of Corrections for life or for a term of not more than 99 years or
317-1 less than 15 years, and a fine not to exceed $250,000,> if the
317-2 amount of marihuana delivered is more than 2,000 pounds.
317-3 Sec. 481.121. Offense: Possession of Marihuana.
317-4 (a) Except as authorized by this chapter, a person commits an
317-5 offense if the person knowingly or intentionally possesses a usable
317-6 quantity of marihuana.
317-7 (b) An offense under Subsection (a) is:
317-8 (1) a Class B misdemeanor if the amount of marihuana
317-9 possessed is two ounces or less;
317-10 (2) a Class A misdemeanor if the amount of marihuana
317-11 possessed is four ounces or less but more than two ounces;
317-12 (3) a state jail felony <of the third degree> if the
317-13 amount of marihuana possessed is five pounds or less but more than
317-14 four ounces; <and>
317-15 (4) a felony of the third <second> degree if the
317-16 amount of marihuana possessed is 50 pounds or less but more than 5
317-17 pounds;<.>
317-18 (5) a felony of the second degree if
317-19 <(c) A person commits an aggravated offense if the person
317-20 commits an offense under Subsection (a) and> the amount of
317-21 marihuana possessed is 2,000 pounds or less but more than 50
317-22 pounds; and<.>
317-23 <(d) An offense under Subsection (c) is:>
317-24 (6) <(1)> punishable by imprisonment <confinement> in
317-25 the institutional division of the Texas Department of Criminal
317-26 Justice <Corrections> for life or for a term of not more than 99
317-27 years or less than 5 years, and a fine not to exceed $50,000, <if
318-1 the amount of marihuana possessed is 200 pounds or less but more
318-2 than 50 pounds;>
318-3 <(2) punishable by confinement in the Texas Department
318-4 of Corrections for life or for a term of not more than 99 years or
318-5 less than 10 years, and a fine not to exceed $100,000, if the
318-6 amount of marihuana possessed is 2,000 pounds or less but more than
318-7 200 pounds; and>
318-8 <(3) punishable by confinement in the Texas Department
318-9 of Corrections for life or for a term of not more than 99 years or
318-10 less than 15 years, and a fine not to exceed $250,000,> if the
318-11 amount of marihuana possessed is more than 2,000 pounds.
318-12 <(e) An offense for which the punishment is prescribed by
318-13 Subsection (b) may not be considered a crime of moral turpitude.>
318-14 Sec. 481.122. Offense: Delivery of Controlled Substance or
318-15 Marihuana to Minor. (a) Except as authorized by this chapter, a
318-16 person commits an <aggravated> offense if the person knowingly or
318-17 intentionally delivers a controlled substance listed in Penalty
318-18 Group 1, 2, or 3 or knowingly or intentionally delivers marihuana
318-19 and the person delivers the controlled substance or marihuana to a
318-20 person:
318-21 (1) who is 17 years of age or younger;
318-22 (2) who the actor knows or believes intends to deliver
318-23 the controlled substance or marihuana to a person 17 years of age
318-24 or younger;
318-25 (3) who is enrolled in an elementary or secondary
318-26 school; or
318-27 (4) who the actor knows or believes intends to deliver
319-1 the controlled substance or marihuana to a person who is enrolled
319-2 in an elementary or secondary school.
319-3 (b) It is an affirmative defense to prosecution under this
319-4 section that:
319-5 (1) the actor was younger than 18 years of age when
319-6 the offense was committed; or
319-7 (2) the actor was younger than 21 years of age when
319-8 the offense was committed and delivered only marihuana in an amount
319-9 less than one-fourth ounce for which the actor did not receive
319-10 remuneration.
319-11 (c) An offense under this section is a felony of the second
319-12 <first> degree.
319-13 Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG
319-14 PARAPHERNALIA. (a) A person commits an offense if the person
319-15 knowingly or intentionally uses or possesses with intent to use
319-16 drug paraphernalia to plant, propagate, cultivate, grow, harvest,
319-17 manufacture, compound, convert, produce, process, prepare, test,
319-18 analyze, pack, repack, store, contain, or conceal a controlled
319-19 substance in violation of this chapter or to inject, ingest,
319-20 inhale, or otherwise introduce into the human body a controlled
319-21 substance in violation of this chapter.
319-22 (b) A person commits an offense if the person knowingly or
319-23 intentionally delivers, possesses with intent to deliver, or
319-24 manufactures with intent to deliver drug paraphernalia knowing that
319-25 the person who receives or who is intended to receive the drug
319-26 paraphernalia intends that it be used to plant, propagate,
319-27 cultivate, grow, harvest, manufacture, compound, convert, produce,
320-1 process, prepare, test, analyze, pack, repack, store, contain, or
320-2 conceal a controlled substance in violation of this chapter or to
320-3 inject, ingest, inhale, or otherwise introduce into the human body
320-4 a controlled substance in violation of this chapter.
320-5 (c) A person commits an offense if the person commits an
320-6 offense under Subsection (b), is 18 years of age or older, and the
320-7 person who receives or who is intended to receive the drug
320-8 paraphernalia is younger than 18 years of age and at least three
320-9 years younger than the actor.
320-10 (d) An offense under Subsection (a) is a Class C
320-11 misdemeanor<, unless it is shown on the trial of a defendant that
320-12 the defendant has previously been convicted under Subsection (a),
320-13 in which event the offense is a Class B misdemeanor>.
320-14 (e) An offense under Subsection (b) is a Class A
320-15 misdemeanor, unless it is shown on the trial of a defendant that
320-16 the defendant has previously been convicted under Subsection (b) or
320-17 (c), in which event the offense is punishable by confinement in
320-18 jail for a term of not more than one year or less than 90 days <a
320-19 felony of the third degree>.
320-20 (f) An offense under Subsection (c) is a state jail felony
320-21 <of the third degree>.
320-22 Sec. 481.126. OFFENSE: ILLEGAL EXPENDITURE OR INVESTMENT.
320-23 (a) A person commits an offense if the person knowingly or
320-24 intentionally:
320-25 (1) expends funds the person knows are derived from
320-26 the commission of an offense:
320-27 (A) under Section 481.115(a) or 481.116(a)
321-1 <481.112(c), 481.113(c), 481.114(c), 481.115(c), 481.116(c),
321-2 481.117(c), 481.118(c), 481.120(c), or 481.121(c)>; or
321-3 (B) punishable under Section 481.112(d),
321-4 481.112(e), 481.113(d), 481.114(c), 481.117(c), 481.118(c),
321-5 481.120(b)(5), 481.120(b)(6), 481.121(b)(5), or 481.121(b)(6); or
321-6 (2) finances or invests funds the person knows or
321-7 believes are intended to further the commission of an offense
321-8 listed in Subdivision (1) or an offense for which the punishment is
321-9 listed under Subdivision (1).
321-10 (b) An offense under this section is a felony of the first
321-11 degree <punishable by confinement in the Texas Department of
321-12 Corrections for life or for a term of not more than 99 years or
321-13 less than 5 years, and a fine of not more than $1,000,000 or less
321-14 than $50,000>.
321-15 Sec. 481.127. OFFENSE: UNAUTHORIZED DISCLOSURE OF
321-16 INFORMATION. (a) A person commits an offense if the person
321-17 intentionally or knowingly gives, permits, or obtains unauthorized
321-18 access to information submitted to the Department of Public Safety
321-19 under Section 481.075.
321-20 (b) An offense under this section is a state jail felony <of
321-21 the third degree>.
321-22 Sec. 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL
321-23 MATTERS. (a) A registrant or dispenser commits an offense if the
321-24 registrant or dispenser knowingly or intentionally:
321-25 (1) distributes, delivers, administers, or dispenses
321-26 a controlled substance in violation of Sections 481.070-481.074;
321-27 (2) manufactures a controlled substance not authorized
322-1 by the person's registration or distributes or dispenses a
322-2 controlled substance not authorized by the person's registration to
322-3 another registrant or other person;
322-4 (3) refuses or fails to make, keep, or furnish a
322-5 record, report, notification, order form, statement, invoice, or
322-6 information required by this chapter;
322-7 (4) prints, manufactures, possesses, or produces a
322-8 triplicate prescription form without the approval of the Department
322-9 of Public Safety;
322-10 (5) delivers or possesses a counterfeit triplicate
322-11 prescription;
322-12 (6) refuses an entry into a premise for an inspection
322-13 authorized by this chapter;
322-14 (7) refuses or fails to return a triplicate
322-15 prescription form as required by Section 481.075(h); or
322-16 (8) refuses or fails to make, keep, or furnish a
322-17 record, report, notification, order form, statement, invoice, or
322-18 information required by a rule adopted before June 1, 1991, by the
322-19 director.
322-20 (b) If the registrant or dispenser knowingly or
322-21 intentionally refuses or fails to make, keep, or furnish a record,
322-22 report, notification, order form, statement, invoice, or
322-23 information required by a rule or a rule amendment adopted on or
322-24 after June 1, 1991, by the director, the registrant or dispenser is
322-25 liable to the state for a civil penalty of not more than $5,000 for
322-26 each act.
322-27 (c) If the registrant or dispenser negligently fails to
323-1 make, keep, or furnish a record, report, notification, order form,
323-2 statement, invoice, or information required by a rule or a rule
323-3 amendment adopted on or after June 1, 1991, by the director, the
323-4 registrant or dispenser is liable to the state for a civil penalty
323-5 of not more than $1,000 for each act.
323-6 (d) An offense under Subsection (a) is a state jail felony
323-7 <of the second degree, unless it is shown on the trial of a
323-8 defendant that the defendant has previously been convicted under
323-9 Subsection (a), in which event the offense is a felony of the first
323-10 degree>.
323-11 (e) If a person negligently commits an act that would
323-12 otherwise be an offense under Subsection (a), the person is liable
323-13 to the state for a civil penalty of not less than $5,000 or more
323-14 than $10,000 for each act.
323-15 (f) A district attorney of the county where the act occurred
323-16 may file suit in district court in that county to collect a civil
323-17 penalty under this section, or the district attorney of Travis
323-18 County or the attorney general may file suit in district court in
323-19 Travis County to collect the penalty.
323-20 Sec. 481.129. OFFENSE: FRAUD. (a) A person commits an
323-21 offense if the person knowingly or intentionally:
323-22 (1) distributes as a registrant or dispenser a
323-23 controlled substance listed in Schedule I or II, unless the person
323-24 distributes the controlled substance under an order form as
323-25 required by Section 481.069;
323-26 (2) uses in the course of manufacturing, prescribing,
323-27 or distributing a controlled substance a registration number that
324-1 is fictitious, revoked, suspended, or issued to another person;
324-2 (3) uses a triplicate prescription form issued to
324-3 another person to prescribe a controlled substance;
324-4 (4) possesses or attempts to possess a controlled
324-5 substance:
324-6 (A) by misrepresentation, fraud, forgery,
324-7 deception, or subterfuge;
324-8 (B) through use of a fraudulent prescription
324-9 form; or
324-10 (C) through use of a fraudulent oral or
324-11 telephonically communicated prescription; or
324-12 (5) furnishes false or fraudulent material information
324-13 in or omits material information from an application, report,
324-14 record, or other document required to be kept or filed under this
324-15 chapter.
324-16 (b) A person commits an offense if the person knowingly or
324-17 intentionally:
324-18 (1) makes, distributes, or possesses a punch, die,
324-19 plate, stone, or other thing designed to print, imprint, or
324-20 reproduce an actual or simulated trademark, trade name, or other
324-21 identifying mark, imprint, or device of another on a controlled
324-22 substance or the container or label of a container for a controlled
324-23 substance, so as to make the controlled substance a counterfeit
324-24 substance; or
324-25 (2) manufactures, delivers, or possesses with intent
324-26 to deliver a counterfeit substance.
324-27 (c) A person commits an offense if the person knowingly or
325-1 intentionally:
325-2 (1) delivers a prescription or a prescription form for
325-3 other than a valid medical purpose in the course of professional
325-4 practice; or
325-5 (2) possesses a prescription for a controlled
325-6 substance or a prescription form unless the prescription or
325-7 prescription form is possessed:
325-8 (A) during the manufacturing or distribution
325-9 process;
325-10 (B) by a practitioner, practitioner's agent, or
325-11 an institutional practitioner for a valid medical purpose during
325-12 the course of professional practice;
325-13 (C) by a pharmacist or agent of a pharmacy
325-14 during the professional practice of pharmacy;
325-15 (D) under a practitioner's order made by the
325-16 practitioner for a valid medical purpose in the course of
325-17 professional practice; or
325-18 (E) by an officer or investigator authorized to
325-19 enforce this chapter within the scope of the officer's or
325-20 investigator's official duties.
325-21 (d) An offense under Subsection (a) is:
325-22 (1) a felony of the second degree if the controlled
325-23 substance that is the subject of the offense is listed in Schedule
325-24 I or II;
325-25 (2) a felony of the third degree if the controlled
325-26 substance that is the subject of the offense is listed in Schedule
325-27 III or IV; and
326-1 (3) a Class A misdemeanor if the controlled substance
326-2 that is the subject of the offense is listed in Schedule V.
326-3 (e) An offense under Subsection (b) is a Class A
326-4 misdemeanor.
326-5 (f) An offense under Subsection (c)(1) is:
326-6 (1) a felony of the second degree if the defendant
326-7 delivers:
326-8 (A) a prescription form; or
326-9 (B) a prescription for a controlled substance
326-10 listed in Schedule II; and
326-11 (2) a felony of the third degree if the defendant
326-12 delivers a prescription for a controlled substance listed in
326-13 Schedule III, IV, or V.
326-14 (g) An offense under Subsection (c)(2) is:
326-15 (1) a state jail felony <of the third degree> if the
326-16 defendant possesses:
326-17 (A) a prescription form; or
326-18 (B) a prescription for a controlled substance
326-19 listed in Schedule II or III; and
326-20 (2) a Class B misdemeanor if the defendant possesses a
326-21 prescription for a controlled substance listed in Schedule IV or V.
326-22 Sec. 481.131. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE
326-23 PROPERTY OR PLANT. (a) A person commits an offense if the person
326-24 intentionally or knowingly:
326-25 (1) converts to the person's own use or benefit a
326-26 controlled substance property or plant seized under Section 481.152
326-27 or 481.153; or
327-1 (2) diverts to the unlawful use or benefit of another
327-2 person a controlled substance property or plant seized under
327-3 Section 481.152 or 481.153.
327-4 (b) An offense under this section is a state jail felony <of
327-5 the third degree>.
327-6 SECTION 2.03. Section 482.002, Health and Safety Code, is
327-7 amended to read as follows:
327-8 Sec. 482.002. UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT
327-9 TO DELIVER; CRIMINAL PENALTY. (a) A person commits an offense if
327-10 the person knowingly or intentionally manufactures with the intent
327-11 to deliver or delivers a simulated controlled substance and the
327-12 person:
327-13 (1) expressly represents the substance to be a
327-14 controlled substance;
327-15 (2) represents the substance to be a controlled
327-16 substance in a manner that would lead a reasonable person to
327-17 believe that the substance is a controlled substance; or
327-18 (3) states to the person receiving or intended to
327-19 receive the simulated controlled substance that the person may
327-20 successfully represent the substance to be a controlled substance
327-21 to a third party.
327-22 (b) It is a defense to prosecution under this section that
327-23 the person manufacturing with the intent to deliver or delivering
327-24 the simulated controlled substance was:
327-25 (1) acting in the discharge of the person's official
327-26 duties as a peace officer;
327-27 (2) manufacturing the substance for or delivering the
328-1 substance to a licensed medical practitioner for use as a placebo
328-2 in the course of the practitioner's research or practice; or
328-3 (3) a licensed medical practitioner, pharmacist, or
328-4 other person authorized to dispense or administer a controlled
328-5 substance, and the person was acting in the legitimate performance
328-6 of the person's professional duties.
328-7 (c) It is not a defense to prosecution under this section
328-8 that the person manufacturing with the intent to deliver or
328-9 delivering the simulated controlled substance believed the
328-10 substance to be a controlled substance.
328-11 (d) An offense under this section is a state jail felony <of
328-12 the third degree>.
328-13 SECTION 2.04. Section 483.042, Health and Safety Code, is
328-14 amended to read as follows:
328-15 Sec. 483.042. DELIVERY OR OFFER OF DELIVERY OF DANGEROUS
328-16 DRUG. (a) A person commits an offense if the person delivers or
328-17 offers to deliver a dangerous drug:
328-18 (1) unless:
328-19 (A) the dangerous drug is delivered or offered
328-20 for delivery by a pharmacist under:
328-21 (i) a prescription issued by a
328-22 practitioner described by Section 483.001(12)(A) or (B); or
328-23 (ii) an original written prescription
328-24 issued by a practitioner described by Section 483.001(12)(C); and
328-25 (B) a label is attached to the immediate
328-26 container in which the drug is delivered or offered to be delivered
328-27 and the label contains the following information:
329-1 (i) the name and address of the pharmacy
329-2 from which the drug is delivered or offered for delivery;
329-3 (ii) the date the prescription for the
329-4 drug is dispensed;
329-5 (iii) the number of the prescription as
329-6 filed in the prescription files of the pharmacy from which the
329-7 prescription is dispensed;
329-8 (iv) the name of the practitioner who
329-9 prescribed the drug;
329-10 (v) the name of the patient and, if the
329-11 drug is prescribed for an animal, a statement of the species of the
329-12 animal; and
329-13 (vi) directions for the use of the drug as
329-14 contained in the prescription; or
329-15 (2) unless:
329-16 (A) the dangerous drug is delivered or offered
329-17 for delivery by a practitioner in the course of practice; and
329-18 (B) a label is attached to the immediate
329-19 container in which the drug is delivered or offered to be delivered
329-20 and the label contains the following information:
329-21 (i) the name and address of the
329-22 practitioner;
329-23 (ii) the date the drug is delivered;
329-24 (iii) the name of the patient and, if the
329-25 drug is prescribed for an animal, a statement of the species of the
329-26 animal; and
329-27 (iv) the name of the drug, the strength of
330-1 the drug, and directions for the use of the drug.
330-2 (b) Subsection (a) does not apply to the delivery or offer
330-3 for delivery of a dangerous drug to a person listed in Section
330-4 483.041(c) for use in the usual course of business or practice or
330-5 in the performance of official duties by the person.
330-6 (c) Proof of an offer to sell a dangerous drug must be
330-7 corroborated by a person other than the offeree or by evidence
330-8 other than a statement by the offeree.
330-9 (d) An offense under this section is a state jail felony <of
330-10 the third degree>.
330-11 SECTION 2.05. Section 483.043, Health and Safety Code, is
330-12 amended to read as follows:
330-13 Sec. 483.043. MANUFACTURE OF DANGEROUS DRUG. (a) A person
330-14 commits an offense if the person manufactures a dangerous drug and
330-15 the person is not authorized by law to manufacture the drug.
330-16 (b) An offense under this section is a state jail felony <of
330-17 the third degree>.
330-18 SECTION 2.06. Section 485.033, Health and Safety Code, is
330-19 amended to read as follows:
330-20 Sec. 485.033. DELIVERY TO A MINOR. (a) A person commits an
330-21 offense if the person intentionally, knowingly, or recklessly
330-22 delivers abusable glue or aerosol paint to a person who is younger
330-23 than 18 years of age.
330-24 (b) It is a defense to prosecution under this section that
330-25 the abusable glue or aerosol paint that was delivered contains
330-26 additive material that effectively discourages intentional abuse by
330-27 inhalation or is in compliance with rules adopted by the
331-1 commissioner under Section 485.011.
331-2 (c) It is an affirmative defense to prosecution under this
331-3 section that:
331-4 (1) the person making the delivery is an adult having
331-5 supervisory responsibility over the person younger than 18 years of
331-6 age and:
331-7 (A) the adult permits the use of the abusable
331-8 glue or aerosol paint only under the adult's direct supervision and
331-9 in the adult's presence and only for its intended purpose; and
331-10 (B) the adult removes the substance from the
331-11 person younger than 18 years of age on completion of that use; or
331-12 (2) the person to whom the abusable glue or aerosol
331-13 paint was delivered presented to the defendant an apparently valid
331-14 Texas driver's license or an identification card, issued by the
331-15 Department of Public Safety of the State of Texas and containing a
331-16 physical description consistent with the person's appearance, that
331-17 purported to establish that the person was 18 years of age or
331-18 older.
331-19 (d) Except as provided by Subsections (e) and (f), an
331-20 offense under this section is a state jail felony <of the third
331-21 degree>.
331-22 (e) An offense under this section is a Class B misdemeanor
331-23 if it is shown on the trial of the defendant that at the time of
331-24 the delivery the defendant or the defendant's employer had a glue
331-25 and paint sales permit for the location of the sale.
331-26 (f) An offense under this section is a Class A misdemeanor
331-27 if it is shown on the trial of the defendant that at the time of
332-1 the delivery the defendant or the defendant's employer:
332-2 (1) did not have a glue and paint sales permit but did
332-3 have a sales tax permit for the location of the sale; and
332-4 (2) had not been convicted previously under this
332-5 section for an offense committed after January 1, 1988.
332-6 SECTION 2.07. Sections 481.106 and 481.107, Health and
332-7 Safety Code, are repealed.
332-8 SECTION 2.08. (a) The change in law made by this article
332-9 applies only to an offense committed on or after the effective date
332-10 of this article. For purposes of this section, an offense is
332-11 committed before the effective date of this article if any element
332-12 of the offense occurs before the effective date.
332-13 (b) An offense committed before the effective date of this
332-14 article is covered by the law in effect when the offense was
332-15 committed, and the former law is continued in effect for that
332-16 purpose.
332-17 SECTION 2.09. This article takes effect on September 1,
332-18 1994.
332-19 ARTICLE 3
332-20 SECTION 3.01. Article 13.25(a), Code of Criminal Procedure,
332-21 is amended to read as follows:
332-22 (a) In this section "access," "computer," "computer
332-23 network," "computer program," <and> "computer system," and "owner"
332-24 have the meanings assigned to those terms in Section 33.01, Penal
332-25 Code.
332-26 SECTION 3.02. Articles 14.03(a) and (d), Code of Criminal
332-27 Procedure, are amended to read as follows:
333-1 (a) Any peace officer may arrest, without warrant:
333-2 (1) persons found in suspicious places and under
333-3 circumstances which reasonably show that such persons have been
333-4 guilty of some felony, violation of Title 9, Chapter 42, Penal
333-5 Code, <or> breach of the peace, or offense under Section 49.02,
333-6 Penal Code, or threaten, or are about to commit some offense
333-7 against the laws;
333-8 (2) persons who the peace officer has probable cause
333-9 to believe have committed an assault resulting in bodily injury to
333-10 another person and the peace officer has probable cause to believe
333-11 that there is danger of further bodily injury to that person;
333-12 (3) persons who the peace officer has probable cause
333-13 to believe have committed the offense defined by Section 25.08,
333-14 Penal Code (violation of Protective Order), if the offense is not
333-15 committed in the presence of the peace officer; or
333-16 (4) persons who the peace officer has probable cause
333-17 to believe have committed an assault resulting in bodily injury to
333-18 a member of the person's family or household.
333-19 (d) A peace officer who is outside his jurisdiction may
333-20 arrest, without warrant, a person who commits an offense within the
333-21 officer's presence or view, if the offense is a felony, <or> a
333-22 violation of Title 9, Chapter 42, Penal Code, a breach of the
333-23 peace, or an offense under Section 49.02, Penal Code. A peace
333-24 officer making an arrest under this subsection shall, as soon as
333-25 practicable after making the arrest, notify a law enforcement
333-26 agency having jurisdiction where the arrest was made. The law
333-27 enforcement agency shall then take custody of the person committing
334-1 the offense and take the person before a magistrate in compliance
334-2 with Article 14.06 of this code.
334-3 SECTION 3.03. Article 102.016(a), Code of Criminal
334-4 Procedure, is amended to read as follows:
334-5 (a) A person convicted of an offense under Chapter 49
334-6 <Article 6701l1-1, Revised Statutes, Section 19.05(a)(2)>, Penal
334-7 Code, other than an offense punishable as a Class C misdemeanor, or
334-8 of an offense under the Texas Commercial Driver's License Act
334-9 (Article 6687b-2, Revised Statutes), <or Section 31.097, Parks and
334-10 Wildlife Code,> shall pay as court costs $30, in addition to other
334-11 court costs.
334-12 SECTION 3.04. Subsection (b), Article 102.081, Code of
334-13 Criminal Procedure, is amended to read as follows:
334-14 (b) A person convicted of an offense under Chapter 49, Penal
334-15 Code, other than an offense punishable as a Class C misdemeanor
334-16 <Article 6701l-1, Revised Statutes>, shall pay as a cost of court
334-17 $25.
334-18 SECTION 3.05. Chapter 16, Code of Criminal Procedure, is
334-19 amended by adding Article 16.22 to read as follows:
334-20 Art. 16.22. EXAMINATION AND TRANSFER OF SUSPECTED MENTALLY
334-21 ILL OR RETARDED DEFENDANT. (a) If a sheriff provides to a
334-22 magistrate evidence or a statement that establishes reasonable
334-23 cause to believe that a defendant committed to the sheriff's
334-24 custody is a person with mental illness or mental retardation, the
334-25 magistrate shall order an examination of the defendant under
334-26 Section 3(b), Article 46.02, of this code and, if necessary, the
334-27 transfer of the defendant to the nearest appropriate mental health
335-1 or mental retardation facility in the manner provided by Section
335-2 3(b), Article 46.02, of this code.
335-3 (b) After the court receives the examining expert's report
335-4 relating to the defendant under Section 3(d), Article 46.02, of
335-5 this code, the court may resume the criminal proceedings against
335-6 the defendant or further competency proceedings, if required, as
335-7 provided by Article 46.02 of this code.
335-8 SECTION 3.06. Chapter 17, Code of Criminal Procedure, is
335-9 amended by adding Article 17.032 to read as follows:
335-10 Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN MENTALLY
335-11 ILL DEFENDANTS. (a) In this article, "violent offense" means an
335-12 offense under the following sections of the Penal Code:
335-13 (1) Section 19.02 (murder);
335-14 (2) Section 19.03 (capital murder);
335-15 (3) Section 20.03 (kidnapping);
335-16 (4) Section 20.04 (aggravated kidnapping);
335-17 (5) Section 21.11 (indecency with a child);
335-18 (6) Section 22.01(a)(1) (assault);
335-19 (7) Section 22.011 (sexual assault);
335-20 (8) Section 22.02 (aggravated assault);
335-21 (9) Section 22.021 (aggravated sexual assault);
335-22 (10) Section 22.04 (injury to a child, elderly
335-23 individual, or invalid); or
335-24 (11) Section 29.03 (aggravated robbery).
335-25 (b) A magistrate shall release a defendant on personal bond
335-26 if the:
335-27 (1) defendant is not charged with and has not been
336-1 previously convicted of a violent offense;
336-2 (2) defendant is examined by a mental health expert
336-3 under Section 3(b), Article 46.02 of this code;
336-4 (3) examining expert, in a report submitted to the
336-5 magistrate under Section 3(d), Article 46.02, of this code:
336-6 (A) concludes that the defendant is mentally ill
336-7 and is nonetheless competent to stand trial; and
336-8 (B) recommends mental health treatment for the
336-9 defendant; and
336-10 (4) magistrate determines, in consultation with a
336-11 local mental health services provider, that appropriate mental
336-12 health services for the defendant are available through the Texas
336-13 Department of Mental Health and Mental Retardation under Section
336-14 534.053, Health and Safety Code, or through another mental health
336-15 services provider.
336-16 (c) The magistrate may require as a condition of release on
336-17 personal bond under this article that the defendant submit to
336-18 outpatient or inpatient mental health treatment if the defendant's:
336-19 (1) mental illness is chronic in nature; or
336-20 (2) ability to function independently will continue to
336-21 deteriorate if the defendant is not treated.
336-22 (d) In addition to a condition of release imposed under
336-23 Subsection (c) of this article, the magistrate may require the
336-24 defendant to comply with other conditions that are reasonably
336-25 necessary to protect the community.
336-26 (e) In this article, a person is considered to have been
336-27 convicted of an offense if:
337-1 (1) a sentence is imposed;
337-2 (2) the person is placed on community supervision or
337-3 receives deferred adjudication; or
337-4 (3) the court defers final disposition of the case.
337-5 SECTION 3.07. (a) The change in law made by this article
337-6 applies only to an offense committed on or after the effective date
337-7 of this article. For purposes of this section, an offense is
337-8 committed before the effective date of this article if any element
337-9 of the offense occurs before the effective date.
337-10 (b) An offense committed before the effective date of this
337-11 article is covered by the law in effect when the offense was
337-12 committed, and the former law is continued in effect for that
337-13 purpose.
337-14 SECTION 3.08. This article takes effect on September 1,
337-15 1994.
337-16 ARTICLE 4
337-17 SECTION 4.01. Article 42.12, Code of Criminal Procedure, is
337-18 amended to read as follows:
337-19 Art. 42.12. COMMUNITY SUPERVISION <ADULT PROBATION>
337-20 Sec. 1. Purpose. It is the purpose of this article
337-21 <Article> to place wholly within the state <State> courts <of
337-22 appropriate jurisdiction> the responsibility for determining when
337-23 the imposition of sentence in certain cases shall be suspended, the
337-24 conditions of community supervision <probation>, and the
337-25 supervision of defendants placed on community supervision
337-26 <probationers>, in consonance with the powers assigned to the
337-27 judicial branch of this government by the Constitution of Texas.
338-1 It is the purpose of this article <Article> to remove from existing
338-2 statutes the limitations, other than questions of
338-3 constitutionality, that have acted as barriers to effective systems
338-4 of community supervision <probations> in the public interest.
338-5 Sec. 2. Definitions. In this article <Article>:
338-6 (1) "Court" means a court <"Courts" shall mean the
338-7 courts> of record having original criminal jurisdiction.
338-8 (2) "Community supervision" means <"Probation" shall
338-9 mean> the placement <supervised release> of a <convicted> defendant
338-10 by a court under a continuum of programs and sanctions, with
338-11 conditions imposed by the court for a specified period during
338-12 which:
338-13 (A) criminal proceedings are deferred without an
338-14 adjudication of guilt; or
338-15 (B) a sentence of imprisonment or confinement,
338-16 imprisonment and fine, or confinement and fine, is probated and the
338-17 imposition of sentence is suspended in whole or in part.
338-18 (3) "Supervision officer" means <"Probation officer"
338-19 shall mean either> a person <duly> appointed or employed under
338-20 Section 4, Article 42.131 of this code <by one or more courts of
338-21 record having original criminal jurisdiction> to supervise
338-22 defendants placed on community supervision <probation; or a person
338-23 designated by such courts for such duties on a part-time basis>.
338-24 <(4) "Probationer" means a defendant who is on
338-25 probation.>
338-26 Sec. 3. JUDGE <COURT> ORDERED COMMUNITY SUPERVISION
338-27 <PROBATION>. (a) A judge, in the best interest of justice, the
339-1 public, and the defendant, after conviction or a plea of guilty or
339-2 nolo contendere, may suspend the imposition of the sentence and
339-3 place the defendant on community supervision or impose a fine
339-4 applicable to the offense and place the defendant on community
339-5 supervision.
339-6 (b) In a felony case the minimum period of community
339-7 supervision is the same as the minimum term of imprisonment
339-8 applicable to the offense and the maximum period of community
339-9 supervision is 10 years.
339-10 (c) The maximum period of community supervision in a
339-11 misdemeanor case is two years.
339-12 (d) A judge may increase the maximum period of community
339-13 supervision in the manner provided by Section 22(c) of this
339-14 article.
339-15 (e) A defendant is not eligible for community supervision
339-16 under this section if the defendant:
339-17 (1) is sentenced to a term of imprisonment that
339-18 exceeds 10 years; or
339-19 (2) is sentenced to serve a term of confinement under
339-20 Section 12.35, Penal Code. <The judges of the courts of the State
339-21 of Texas having original jurisdiction of criminal actions, when it
339-22 shall appear to the satisfaction of the court that the ends of
339-23 justice and the best interests of the public as well as the
339-24 defendant will be subserved thereby, shall have the power, after
339-25 conviction or a plea of guilty or nolo contendere for any crime or
339-26 offense, where the maximum punishment assessed against the
339-27 defendant does not exceed ten years imprisonment, to suspend the
340-1 imposition of the sentence and may place the defendant on probation
340-2 or impose a fine applicable to the offense committed and also place
340-3 the defendant on probation as hereinafter provided. Except as
340-4 otherwise provided by this section, in all felony cases where the
340-5 punishment is assessed by the Court it may fix the period of
340-6 probation without regard to the term of punishment assessed, but in
340-7 no event may the period of probation be greater than 10 years or
340-8 less than the minimum prescribed for the offense for which the
340-9 defendant was convicted. In a misdemeanor case in which
340-10 confinement is imposed by the court or in a third-degree felony
340-11 case punished under Section 12.34(a)(2), Penal Code, the period of
340-12 probation shall be for a period of time not to exceed the maximum
340-13 confinement applicable to the offense or two years, whichever
340-14 period is greater. Any such person placed on probation, whether in
340-15 a trial by jury or before the court, shall be under the supervision
340-16 of such court.>
340-17 Sec. 3g. LIMITATION ON JUDGE <COURT> ORDERED COMMUNITY
340-18 SUPERVISION <PROBATION>. (a) The provisions of Section 3 of this
340-19 article do not apply:
340-20 (1) to a defendant adjudged guilty of an offense
340-21 defined by the following sections of the Penal Code:
340-22 (A) Section 19.02 (Murder);
340-23 (B) Section 19.03 (Capital murder);
340-24 (C) Section 21.11(a)(1) (Indecency with a
340-25 child);
340-26 (D) <(B)> Section 20.04 (Aggravated kidnapping);
340-27 (E) <(C)> Section 22.021 (Aggravated sexual
341-1 assault);
341-2 (F) <(D)> Section 29.03 (Aggravated robbery); or
341-3 (2) to a defendant when it is shown that a deadly
341-4 weapon as defined in Section 1.07<(a)(11)>, Penal Code, was used or
341-5 exhibited during the commission of a felony offense or during
341-6 immediate flight therefrom, and that the defendant used or
341-7 exhibited the deadly weapon or was a party to the offense and knew
341-8 that a deadly weapon would be used or exhibited. On an affirmative
341-9 finding under this subdivision, the trial court shall enter the
341-10 finding in the judgment of the court. On an affirmative finding
341-11 that the deadly weapon was a firearm, the court shall enter that
341-12 finding in its judgment.
341-13 (b) If there is an affirmative finding under Subsection
341-14 (a)(2) in the trial of a felony of the second degree or higher that
341-15 the deadly weapon used or exhibited was a firearm and the defendant
341-16 is granted community supervision <probation>, the court may order
341-17 the defendant confined in the institutional division of the Texas
341-18 Department of Criminal Justice for not less than 60 and not more
341-19 than 120 days. At any time after the defendant has served 60 days
341-20 in the custody of the institutional division, the sentencing judge,
341-21 on his own motion or on motion of the defendant, may order the
341-22 defendant released to community supervision <probation>. The
341-23 institutional division shall release the defendant to community
341-24 supervision <probation> after he has served 120 days.
341-25 Sec. 4. JURY RECOMMENDED COMMUNITY SUPERVISION <PROBATION>.
341-26 (a) A jury that imposes confinement as punishment for an offense
341-27 may recommend to the judge that the judge suspend the imposition of
342-1 the sentence and place the defendant on community supervision. A
342-2 judge shall suspend the imposition of the sentence and place the
342-3 defendant on community supervision if the jury makes that
342-4 recommendation in the verdict.
342-5 (b) If the jury recommends to the judge that the judge place
342-6 the defendant on community supervision, the judge shall place the
342-7 defendant on community supervision for any period permitted under
342-8 Section 3(b) or 3(c) of this article, as appropriate.
342-9 (c) A judge may increase the maximum period of community
342-10 supervision in the manner provided by Section 22(c) of this
342-11 article.
342-12 (d) A defendant is not eligible for community supervision
342-13 under this section if the defendant:
342-14 (1) is sentenced to a term of imprisonment that
342-15 exceeds 10 years;
342-16 (2) is sentenced to serve a term of confinement under
342-17 Section 12.35, Penal Code; or
342-18 (3) does not file a sworn motion under Subsection (e)
342-19 of this section or for whom the jury does not enter in the verdict
342-20 a finding that the information contained in the motion is true.
342-21 (e) A defendant is eligible for community supervision under
342-22 this section only if before the trial begins the defendant files a
342-23 written sworn motion with the judge that the defendant has not
342-24 previously been convicted of a felony in this or any other state,
342-25 and the jury enters in the verdict a finding that the information
342-26 in the defendant's motion is true. <When there is a felony
342-27 conviction in any court of this State and the punishment assessed
343-1 by the jury shall not exceed ten years, the jury may recommend
343-2 probation for a period of any term of years authorized for the
343-3 offense for which the defendant was convicted, but in no event for
343-4 more than ten years, upon written sworn motion made therefor by the
343-5 defendant, filed before the trial begins. When the jury recommends
343-6 probation, it may also assess a fine applicable to the offense for
343-7 which the defendant was convicted. When the trial is to a jury,
343-8 and the defendant has no counsel, the court shall inform the
343-9 defendant of his right to make such motion, and the court shall
343-10 appoint counsel to prepare and present same, if desired by the
343-11 defendant. In no case shall probation be recommended by the jury
343-12 except when the sworn motion and proof shall show, and the jury
343-13 shall find in their verdict that the defendant has never before
343-14 been convicted of a felony in this or any other State. This law is
343-15 not to be construed as preventing the jury from passing on the
343-16 guilt of the defendant, but he may enter a plea of not guilty. In
343-17 all eligible cases, probation shall be granted by the court, if the
343-18 jury recommends it in their verdict, for the period recommended by
343-19 the jury. This section does not apply to a defendant adjudged
343-20 guilty of an offense under Section 481.122, Texas Controlled
343-21 Substances Act (Chapter 481, Health and Safety Code), if it is
343-22 shown on the trial of the offense that the defendant was 21 years
343-23 of age or older at the time the offense was committed by his own
343-24 conduct.>
343-25 <(b) Where there is a misdemeanor conviction in any court of
343-26 this state and the punishment assessed by the jury shall be by
343-27 imprisonment in jail or by a fine or by both such fine and
344-1 imprisonment, the jury may recommend probation for a period of time
344-2 not to exceed two years, upon sworn motion made therefor by the
344-3 defendant, filed before the penalty stage of the trial begins.
344-4 When the jury recommends probation, it may recommend that the
344-5 imprisonment or fine or both such fine and imprisonment found in
344-6 its verdict may be probated. When the trial is to a jury and the
344-7 defendant has no counsel, the court shall inform the defendant of
344-8 his right to make such motion, and the court shall appoint counsel
344-9 to prepare and present same, if desired by the defendant. In no
344-10 case shall probation be recommended by the jury except when the
344-11 defendant, before the trial began, had filed a sworn statement that
344-12 the defendant has never before been convicted of a felony, and
344-13 after conviction and before the penalty stage of the trial began,
344-14 the defendant shall have filed a sworn motion for probation and the
344-15 proof shall show and the jury shall find in their verdict that the
344-16 defendant has never before been convicted of a felony in this or
344-17 any other state. This law is not to be construed as preventing the
344-18 jury from passing on the guilt of the defendant, but the defendant
344-19 may enter a plea of not guilty. In all eligible cases, probation
344-20 shall be granted by the court, if the jury recommends it in their
344-21 verdict.>
344-22 <(c) This section does not prohibit a court from granting
344-23 probation in a case if the jury in the case does not recommend
344-24 probation.>
344-25 Sec. 5. Deferred Adjudication; Community Supervision.
344-26 (a) Except as provided by Subsection (d) of this section, when in
344-27 the judge's <its> opinion the best interest of society and the
345-1 defendant will be served, the judge <court> may, after receiving a
345-2 plea of guilty or plea of nolo contendere, hearing the evidence,
345-3 and finding that it substantiates the defendant's guilt, defer
345-4 further proceedings without entering an adjudication of guilt, and
345-5 place the defendant on community supervision <probation>. The
345-6 judge <court> shall inform the defendant orally or in writing of
345-7 the possible consequences under Subsection (b) of this section of a
345-8 violation of community supervision <probation>. If the information
345-9 is provided orally, the judge <court> must record and maintain the
345-10 judge's <court's> statement to the defendant. In a felony case,
345-11 the period of community supervision <probation> may not exceed 10
345-12 years. In a misdemeanor case, the period of community supervision
345-13 <probation> may not exceed two years. A judge may increase the
345-14 maximum period of community supervision in the manner provided by
345-15 Section 22(c) of this article. The judge <court> may impose a fine
345-16 applicable to the offense and require any reasonable <terms and>
345-17 conditions of community supervision, including mental health
345-18 treatment under Section 11(d) of this article, that a judge could
345-19 impose on a defendant placed on community supervision for a
345-20 conviction that was probated and suspended, including confinement
345-21 <probation>. However, upon written motion of the defendant
345-22 requesting final adjudication filed within 30 days after entering
345-23 such plea and the deferment of adjudication, the judge <court>
345-24 shall proceed to final adjudication as in all other cases.
345-25 (b) On violation of a condition of community supervision
345-26 <probation> imposed under Subsection (a) of this section, the
345-27 defendant may be arrested and detained as provided in Section 21
346-1 <24> of this article <Article>. The defendant is entitled to a
346-2 hearing limited to the determination by the court of whether it
346-3 proceeds with an adjudication of guilt on the original charge. No
346-4 appeal may be taken from this determination. After an adjudication
346-5 of guilt, all proceedings, including assessment of punishment,
346-6 pronouncement of sentence, granting of community supervision
346-7 <probation>, and defendant's appeal continue as if the adjudication
346-8 of guilt had not been deferred.
346-9 (c) On expiration of a community supervision <probationary>
346-10 period imposed under Subsection (a) of this section, if the judge
346-11 <court> has not proceeded to adjudication of guilt, the judge
346-12 <court> shall dismiss the proceedings against the defendant and
346-13 discharge him. The judge <court> may dismiss the proceedings and
346-14 discharge the defendant prior to the expiration of the term of
346-15 community supervision <probation> if in the judge's <its> opinion
346-16 the best interest of society and the defendant will be served. A
346-17 dismissal and discharge under this section may not be deemed a
346-18 conviction for the purposes of disqualifications or disabilities
346-19 imposed by law for conviction of an offense, except that:
346-20 (1) upon conviction of a subsequent offense, the fact
346-21 that the defendant had previously received community supervision
346-22 with a deferred adjudication of guilt <probation> shall be
346-23 admissible before the court or jury to be considered on the issue
346-24 of penalty; and
346-25 (2) if the defendant is an applicant for a license or
346-26 is a licensee under Chapter 42, Human Resources Code, the Texas
346-27 Department of Human Services may consider the fact that the
347-1 defendant previously has received community supervision with a
347-2 deferred adjudication of guilt <probation> under this section in
347-3 issuing, renewing, denying, or revoking a license under that
347-4 chapter.
347-5 (d) In all other cases the judge may grant deferred
347-6 adjudication unless the defendant is charged with an offense under
347-7 Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code. <This
347-8 section does not apply to a defendant charged with an offense under
347-9 Subdivision (2), Subsection (a), Section 19.05, Penal Code, an
347-10 offense under Sections 481.107(b) through (e), 481.122, or 481.126,
347-11 Health and Safety Code, an offense under Article 6701l-1, Revised
347-12 Statutes, an offense under Section 34, Chapter 173, Acts of the
347-13 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
347-14 Texas Civil Statutes), an offense under Section 32(c), Texas Motor
347-15 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
347-16 Civil Statutes), or an offense under Section 10, Texas Commercial
347-17 Driver's License Act (Article 6687b-2, Revised Statutes).>
347-18 Sec. 6. Continuing Court Jurisdiction in Felony Cases.
347-19 (a) For the purposes of this section, the jurisdiction of a court
347-20 in which a sentence requiring imprisonment <confinement> in the
347-21 institutional division of the Texas Department of Criminal Justice
347-22 <Corrections> is imposed by the judge of the court shall continue
347-23 for 180 days from the date the execution of the sentence actually
347-24 begins. Before the expiration of 180 days from the date the
347-25 execution of the sentence actually begins, the judge of the court
347-26 that imposed such sentence may on his own motion, on the motion of
347-27 the attorney representing the state, or on the written motion of
348-1 the defendant, suspend further execution of the sentence and place
348-2 the defendant on community supervision <probation> under the terms
348-3 and conditions of this article, if in the opinion of the judge the
348-4 defendant would not benefit from further imprisonment
348-5 <incarceration> and:
348-6 (1) the defendant is otherwise eligible for community
348-7 supervision <probation> under this article; and
348-8 (2) the defendant had never before been incarcerated
348-9 in a penitentiary serving a sentence for a felony<; and>
348-10 <(3) the offense for which the defendant was convicted
348-11 was other than those defined by Section 19.02, 20.04, 22.021,
348-12 22.03, 22.04(a)(1), (2), or (3), 29.03, 36.02, 38.07, 71.02 or a
348-13 felony of the second degree under Section 38.10, Penal Code>.
348-14 (b) <If a court imposes a sentence under Section
348-15 12.34(a)(2), Penal Code, the period of time during which the court
348-16 may suspend further execution of the sentence and place the
348-17 defendant on probation runs from the 60th day after the date of
348-18 sentencing until the date the sentence expires.>
348-19 <(c)> When the defendant or the attorney representing the
348-20 state files a written motion requesting suspension by the judge
348-21 <court> of further execution of the sentence and placement of the
348-22 defendant on community supervision <probation>, and when requested
348-23 to do so by the judge <court>, the clerk of the court shall request
348-24 a copy of the defendant's record while imprisoned <incarcerated>
348-25 from the institutional division of the Texas Department of Criminal
348-26 Justice <Corrections> or, if the defendant is confined
348-27 <incarcerated> in county jail, from the sheriff. Upon receipt of
349-1 such request, the institutional division of the Texas Department of
349-2 Criminal Justice <Corrections> or the sheriff shall forward to the
349-3 judge <court>, as soon as possible, a full and complete copy of the
349-4 defendant's record while imprisoned or confined <incarcerated>.
349-5 When the defendant files a written motion requesting suspension of
349-6 further execution of the sentence and placement on community
349-7 supervision <probation>, he shall immediately deliver or cause to
349-8 be delivered a true and correct copy of the motion to the office of
349-9 the attorney representing the state.
349-10 (c) <(d)> The judge <court> may deny the motion without a
349-11 hearing but may not grant the motion without holding a hearing and
349-12 providing the attorney representing the state and the defendant the
349-13 opportunity to present evidence on the motion.
349-14 <(e) If a court imposes punishment under Section 12.422,
349-15 Penal Code, the jurisdiction of the court continues until the 30th
349-16 day after the date the defendant is released from a substance abuse
349-17 facility, for the purpose of allowing the court to place the
349-18 defendant on probation under this article. A court may place the
349-19 defendant on probation under this subsection on its own motion or
349-20 on the motion of any party. If probation is imposed, the period of
349-21 probation may not exceed the term of years imposed under Section
349-22 12.422(a)(2), Penal Code, and the court must impose as a condition
349-23 of probation that the defendant participate in a drug or alcohol
349-24 abuse after-care program. If the court does not impose probation
349-25 on the defendant within the time permitted under this subsection,
349-26 the punishment under Section 12.422(a)(2), Penal Code, is
349-27 automatically discharged.>
350-1 Sec. 7. Continuing Court Jurisdiction in Misdemeanor Cases.
350-2 (a) For the purposes of this section, the jurisdiction of the
350-3 courts in this state in which a sentence requiring confinement in a
350-4 jail is imposed for conviction of a misdemeanor shall continue for
350-5 180 days from the date the execution of the sentence actually
350-6 begins <a period equal to the sentence imposed>. The judge of the
350-7 court that imposed such sentence may on his own motion, on the
350-8 motion of the attorney representing the state, or on the written
350-9 motion of the defendant suspend further execution of the sentence
350-10 and place the defendant on community supervision <probation> under
350-11 the terms and conditions of this article, if <prior to the
350-12 execution of that sentence the defendant had never been
350-13 incarcerated in a penitentiary or jail serving a sentence for a
350-14 felony or misdemeanor and> in the opinion of the judge the
350-15 defendant would not benefit from further confinement
350-16 <incarceration>.
350-17 (b) When the defendant files a written motion with the court
350-18 requesting suspension of further execution of the sentence and
350-19 placement on community supervision <probation> or when requested to
350-20 do so by the judge, the clerk of the court shall request a copy of
350-21 the defendant's record while confined <incarcerated> from the
350-22 agency operating the jail where the defendant is confined
350-23 <incarcerated>. Upon receipt of such request, the agency operating
350-24 the jail where the defendant is confined <incarcerated> shall
350-25 forward to the court as soon as possible a full and complete copy
350-26 of the defendant's record while confined <incarcerated>.
350-27 (c) The judge <court> may deny the motion without a hearing
351-1 but may not grant a motion without holding a hearing and allowing
351-2 the attorney representing the state and the defendant to present
351-3 evidence in the case.
351-4 Sec. 8. State Boot Camp Program <ALTERNATIVE INCARCERATION
351-5 PROBATION>. (a) For the purposes of this section, the
351-6 jurisdiction of a court in which a sentence requiring imprisonment
351-7 <confinement> in the institutional division of the Texas Department
351-8 of Criminal Justice is imposed for conviction of a felony shall
351-9 continue for 90 days from the date on which the convicted person is
351-10 received into custody by the institutional division. After the
351-11 expiration of 75 days but prior to the expiration of 90 days from
351-12 the date on which the convicted person is received into custody by
351-13 the institutional division, the judge of the court that imposed the
351-14 sentence may suspend further execution of the sentence imposed and
351-15 place the person on community supervision <probation> under the
351-16 terms and conditions of this article, if in the opinion of the
351-17 judge the person would not benefit from further imprisonment
351-18 <incarceration in a penitentiary>. The court shall clearly
351-19 indicate in its order recommending the placement of the person in
351-20 the state boot camp <alternative incarceration> program that the
351-21 court is not retaining jurisdiction over the person for the
351-22 purposes of Section 6 of this article. A court may recommend a
351-23 person for placement in the state boot camp <alternative
351-24 incarceration> program only if:
351-25 (1) the person is otherwise eligible for community
351-26 supervision <probation> under this article;
351-27 (2) the person is 17 years of age or older but younger
352-1 than 26 years and is physically and mentally capable of
352-2 participating in a program <does not have a physical or mental
352-3 handicap> that requires <precludes> strenuous physical activity;
352-4 and
352-5 (3) the person is not convicted of an offense
352-6 punishable as a state jail felony <had never before been
352-7 incarcerated in a federal penitentiary or penitentiary of this or
352-8 any other state or has never been paroled from a county or
352-9 municipal jail while awaiting transfer to a penitentiary>.
352-10 (b) On the 76th day after the day on which the convicted
352-11 person is received into custody by the institutional division, the
352-12 institutional division shall send the convicting court the record
352-13 of the person's progress, conduct, and conformity to institutional
352-14 division rules.
352-15 (c) The judge's <court's> recommendation that a person be
352-16 placed in the state boot camp <an alternative incarceration>
352-17 program created under Section 499.052, Government Code, does not
352-18 give the court the power to hold the Texas Department of Criminal
352-19 Justice or any officer or employee of the department in contempt of
352-20 court for failure to adhere to that recommendation.
352-21 Sec. 9. Presentence Investigations. (a) Except as provided
352-22 by Subsection (g) of this section, before <Before> the imposition
352-23 of sentence by a judge <the court> in a felony case, and except as
352-24 provided by Subsection (b) of this section, before the imposition
352-25 of sentence by a judge <the court> in a misdemeanor case the judge
352-26 <court> shall direct a supervision <probation> officer to report to
352-27 the judge <court> in writing on the circumstances of the offense
353-1 with which the defendant is charged, the amount of restitution
353-2 necessary to adequately compensate a victim of the offense, the
353-3 criminal and social history of the defendant, and any other
353-4 information relating to the defendant or the offense requested by
353-5 the judge <court>. It is not necessary that the report contain a
353-6 sentencing recommendation, but the report must contain a proposed
353-7 client supervision plan describing programs and sanctions that the
353-8 community supervision and corrections department would provide the
353-9 defendant if the judge suspended the imposition of the sentence or
353-10 granted deferred adjudication <defendant were granted probation>.
353-11 (b) The judge <court> is not required to direct a
353-12 supervision <probation> officer to prepare a report in a
353-13 misdemeanor case if:
353-14 (1) the defendant requests that a report not be made
353-15 and the judge <court> agrees to the request; or
353-16 (2) the judge <court> finds that there is sufficient
353-17 information in the record to permit the meaningful exercise of
353-18 sentencing discretion and the judge <court> explains this finding
353-19 on the record.
353-20 (c) The judge <court> may not inspect a report and the
353-21 contents of the report may not be disclosed to any person unless:
353-22 (1) the defendant pleads guilty or nolo contendere or
353-23 is convicted of the offense; or
353-24 (2) the defendant, in writing, authorizes the judge to
353-25 inspect the report.
353-26 (d) Before sentencing a defendant, the judge <court> shall
353-27 permit the defendant or his counsel to read the presentence report.
354-1 (e) The judge <court> shall allow the defendant or his
354-2 attorney to comment on the report and, with the approval of the
354-3 judge <court>, introduce testimony or other information alleging a
354-4 factual inaccuracy in the report.
354-5 (f) The judge <court> shall allow the attorney representing
354-6 the state access to any information made available to the defendant
354-7 under this section.
354-8 (g) Unless requested by the defendant, a judge is not
354-9 required to direct an officer to prepare a presentence report in a
354-10 felony case under this section if:
354-11 (1) punishment is to be assessed by a jury;
354-12 (2) the defendant is convicted of or enters a plea of
354-13 guilty or nolo contendere to capital murder;
354-14 (3) the only available punishment is imprisonment; or
354-15 (4) the judge is informed that a plea bargain
354-16 agreement exists, under which the defendant agrees to a punishment
354-17 of imprisonment, and the judge intends to follow the agreement
354-18 <The probation officer making a report under this section shall
354-19 send a copy of the report to an institution to which the defendant
354-20 is committed>.
354-21 (h) On a determination by the judge <court> that alcohol or
354-22 drug abuse may have contributed to the commission of the offense,
354-23 the judge <court> shall direct a supervision <probation> officer
354-24 approved by the community supervision and corrections <probation>
354-25 department or the judge <court> or a person, program, or other
354-26 agency approved by the Texas Commission on Alcohol and Drug Abuse,
354-27 to conduct an evaluation to determine the appropriateness of, and a
355-1 course of conduct necessary for, alcohol or drug rehabilitation for
355-2 a defendant and to report that evaluation to the judge <court>.
355-3 The evaluation shall be made:
355-4 (1) after arrest and before conviction, if requested
355-5 by the defendant;
355-6 (2) after conviction and before sentencing, if the
355-7 judge <court> assesses punishment in the case;
355-8 (3) after sentencing and before the entry of a final
355-9 judgment, if the jury assesses punishment in the case; or
355-10 (4) after community supervision <probation> is
355-11 granted, if the evaluation is required as a condition of community
355-12 supervision <probation> under Section 13 of this article.
355-13 (i) A presentence investigation conducted on any defendant
355-14 <offender> convicted of a felony offense who appears to the judge
355-15 <court> through its own observation or on suggestion of a party to
355-16 have a mental impairment shall include a psychological evaluation
355-17 which determines, at a minimum, the defendant's IQ and adaptive
355-18 behavior score. The results of the evaluation shall be included in
355-19 the report to the judge <court> as required by Subsection (a) of
355-20 this section.
355-21 (j) The judge <court> by order may direct that any
355-22 information and records that are not privileged and that are
355-23 relevant to the report required by Subsection (a) of this section
355-24 be released to the officer conducting the presentence investigation
355-25 under Subsection (i) of this section. The judge <court> may also
355-26 issue a subpoena to obtain that information. The report and all
355-27 information obtained in connection with the presentence
356-1 investigation are confidential and may be released only to those
356-2 persons and under those circumstances authorized under Subsections
356-3 (d), (e), (f), and (g) of this section and as directed by the judge
356-4 <court> for the effective supervision of the defendant. Medical
356-5 and psychiatric records obtained by court order shall be kept
356-6 separate from the defendant's community supervision <probation>
356-7 file and may be released only by order of the judge <court>.
356-8 (k) If a presentence report in a felony case is not required
356-9 under this section, the judge shall direct the officer to prepare a
356-10 postsentence report containing the same information that would have
356-11 been required for the presentence report, other than a proposed
356-12 client supervision plan and any information that is reflected in
356-13 the judgment. The officer shall send the postsentence report to
356-14 the clerk of the court not later than the 30th day after the date
356-15 on which sentence is pronounced or deferred adjudication is
356-16 granted, and the clerk shall file the postsentence report with the
356-17 papers in the case.
356-18 Sec. 10. AUTHORITY TO IMPOSE, MODIFY, OR REVOKE COMMUNITY
356-19 SUPERVISION <PROBATION>. (a) Only the court in which the
356-20 defendant was tried may grant community supervision <probation>,
356-21 impose conditions, revoke the community supervision <probation>, or
356-22 discharge the defendant, unless the court has transferred
356-23 jurisdiction of the case to another court with the latter's
356-24 consent. Except as provided by Subsection (d) of this section,
356-25 only the court may alter conditions of community supervision
356-26 <probation>. In a felony case, only the judge who originally
356-27 sentenced the defendant may suspend execution thereof and place the
357-1 defendant under community supervision <probation> pursuant to
357-2 Section 6 of this article. If <except that if> the judge who
357-3 originally sentenced the defendant is deceased or disabled or if
357-4 the office is vacant and the judge who originally sentenced the
357-5 defendant is deceased or disabled or if the office is vacant and a
357-6 motion is filed in accordance with Section 6 of this article, the
357-7 clerk of the court shall promptly forward a copy of the motion to
357-8 the presiding judge of the administrative judicial district for
357-9 that court, who may deny the motion without a hearing or appoint a
357-10 judge to hold a hearing on the motion.
357-11 (b) After a defendant has been placed on community
357-12 supervision <probation>, jurisdiction of the case may be
357-13 transferred to a court of the same rank in this state <State>
357-14 having geographical jurisdiction where the defendant is residing or
357-15 where a violation of the conditions of community supervision
357-16 <probation> occurs. Upon transfer, the clerk of the court of
357-17 original jurisdiction shall forward a transcript of such portions
357-18 of the record as the transferring judge shall direct to the court
357-19 accepting jurisdiction, which latter court shall thereafter proceed
357-20 as if the trial and conviction had occurred in that court.
357-21 (c) Any judge of a court having geographical jurisdiction
357-22 where the defendant is residing or where a violation of the
357-23 conditions of community supervision <probation> occurs may issue a
357-24 warrant for his arrest, but the determination of action to be taken
357-25 after arrest shall be only by the judge of the court having
357-26 jurisdiction of the case at the time the action is taken.
357-27 (d) A judge <court> that places a defendant on community
358-1 supervision <probation> may authorize the supervision <probation>
358-2 officer supervising the defendant <probationer> or a magistrate
358-3 appointed by the district courts in the county that give preference
358-4 to criminal cases to modify the conditions of community supervision
358-5 <probation> for the limited purpose of transferring the defendant
358-6 <probationer> to different programs within the community
358-7 supervision continuum of programs and sanctions <probation
358-8 program>.
358-9 (e) If a supervision <probation> officer or magistrate
358-10 modifies the conditions of community supervision <probation>, the
358-11 <probation> officer or magistrate shall deliver a copy of the
358-12 modified conditions to the defendant <probationer>, shall file a
358-13 copy of the modified conditions with the sentencing court, and
358-14 shall note the date of delivery of the copy in the defendant's
358-15 <probationer's> file. If the defendant <probationer> agrees to the
358-16 modification in writing, the <probation> officer or magistrate
358-17 shall file a copy of the modified conditions with the district
358-18 clerk and the conditions shall be enforced as modified. If the
358-19 defendant <probationer> does not agree to the modification in
358-20 writing, the supervision <probation> officer or magistrate shall
358-21 refer the case to the judge of the court for modification <by the
358-22 judge> in the manner provided by Section 22 <24> of this article.
358-23 <(j-3) The judges of the county courts at law in Hidalgo
358-24 County shall participate in the management of the probation
358-25 department serving the county, and for that purpose have the same
358-26 duties and powers imposed by this section as do the district judges
358-27 trying criminal cases in the county. The probation department may
359-1 obtain criminal history record information (CHRI) relating to an
359-2 applicant for employment with the department that is maintained by
359-3 the Department of Public Safety, the Federal Bureau of
359-4 Investigation identification division, or any other law enforcement
359-5 agency. The information obtained under this subsection is for the
359-6 exclusive use of the department and is privileged and confidential.
359-7 The information may not be released or otherwise disclosed except
359-8 on court order or consent of the applicant.>
359-9 <Sec. 10A. (j) Except as provided in Subsection (k) of this
359-10 section on satisfactory completion by a probationer of the required
359-11 amount of community-service restitution work and full payment of
359-12 restitution as ordered by the court, if the court has not proceeded
359-13 to adjudication of guilt, the court shall dismiss the proceedings
359-14 against the defendant and discharge him. A dismissal and discharge
359-15 under this section may not be deemed a conviction for the purposes
359-16 of disqualifications or disabilities imposed by law for conviction
359-17 of an offense, except that:>
359-18 <(1) on conviction of a subsequent offense the fact
359-19 that the defendant previously received community-service probation
359-20 is admissible on the issue of penalty; and>
359-21 <(2) if the defendant is an applicant for a license or
359-22 is a licensee under Chapter 42, Human Resources Code, the Texas
359-23 Department of Human Services may consider the fact that the
359-24 defendant previously has received probation under this section in
359-25 issuing, renewing, denying, or revoking a license under that
359-26 chapter.>
359-27 <Sec. 10B. EL PASO COUNTY PRETRIAL DIVERSION PROGRAM.
360-1 (a) As a condition for a defendant to enter any pretrial diversion
360-2 program or the functional equivalent that may be operated in El
360-3 Paso County by the West Texas Regional Adult Probation Department
360-4 or a county or district attorney of El Paso County, a defendant
360-5 must file in the court in which the charges are pending a sworn
360-6 waiver of speedy trial motion requesting the court to approve
360-7 without a hearing the defendant's waiver of his speedy trial rights
360-8 under the constitution and other law. If the court approves the
360-9 waiver, the defendant is eligible for consideration for acceptance
360-10 into a pretrial diversion program or equivalent program.>
360-11 <(b) At the time the motion to waive speedy trial rights
360-12 required by Subsection (a) of this section is filed, the court
360-13 clerk shall collect a $125 filing fee unless the court for good
360-14 cause or otherwise waives the fee or any part of the fee under
360-15 guidelines that may be set by the El Paso Council of Judges. The
360-16 filing fee is nonrefundable.>
360-17 <(c) The fees collected by the court clerk under Subsection
360-18 (b) of this section shall be deposited in the general fund of the
360-19 county treasury as provided by Chapter 113, Local Government Code.>
360-20 Sec. 11. BASIC CONDITIONS OF COMMUNITY SUPERVISION
360-21 <PROBATION>. (a) The judge of the court having jurisdiction of
360-22 the case shall determine the <terms and> conditions of community
360-23 supervision <probation> and may, at any time, during the period of
360-24 community supervision <probation> alter or modify the conditions as
360-25 provided by Sections 10 and 22 of this article<; provided, however,
360-26 that the clerk of the court shall furnish a copy of such terms and
360-27 conditions to the probationer, and shall note the date of delivery
361-1 of such copy on the docket>. The judge may impose any reasonable
361-2 condition that is designed to protect or restore the community,
361-3 protect or restore the victim, or punish, rehabilitate, or reform
361-4 the defendant. Conditions <Terms and conditions> of community
361-5 supervision <probation> may include, but shall not be limited to,
361-6 the conditions that the defendant <probationer> shall:
361-7 (1) Commit no offense against the laws of this State
361-8 or of any other State or of the United States;
361-9 (2) Avoid injurious or vicious habits;
361-10 (3) Avoid persons or places of disreputable or harmful
361-11 character;
361-12 (4) Report to the supervision <probation> officer as
361-13 directed by the judge or supervision <probation> officer and obey
361-14 all rules and regulations of the community supervision and
361-15 corrections <probation> department;
361-16 (5) Permit the supervision <probation> officer to
361-17 visit him at his home or elsewhere;
361-18 (6) Work faithfully at suitable employment as far as
361-19 possible;
361-20 (7) Remain within a specified place;
361-21 (8) Pay his fine, if one be assessed, and all court
361-22 costs whether a fine be assessed or not, in one or several sums,
361-23 and make restitution or reparation in any sum that the judge
361-24 <court> shall determine;
361-25 (9) Support his dependents;
361-26 (10) Participate, for a time specified by the judge
361-27 <court> in any community-based program, including a
362-1 community-service work program under Section 16 of this article
362-2 <designated by the court>;
362-3 (11) Reimburse the county in which the prosecution was
362-4 instituted for compensation paid to appointed counsel for defending
362-5 him in the case, if counsel was appointed, or if he was represented
362-6 by a county-paid public defender, in an amount that would have been
362-7 paid to an appointed attorney had the county not had a public
362-8 defender;
362-9 (12) Remain under custodial supervision in a community
362-10 corrections <community-based> facility, obey all rules and
362-11 regulations of such facility, and pay a percentage of his income to
362-12 the facility for room and board;
362-13 (13) Pay a percentage of his income to his dependents
362-14 for their support while under custodial supervision <suspension> in
362-15 a community corrections <community-based> facility;
362-16 (14) Pay a percentage of his income to the victim of
362-17 the offense, if any, to compensate the victim for any property
362-18 damage or medical expenses sustained by the victim as a direct
362-19 result of the commission of the offense;
362-20 (15) Submit to testing for alcohol or controlled
362-21 substances;
362-22 (16) Attend counseling sessions for substance abusers
362-23 or participate in substance abuse treatment services in a program
362-24 or facility approved or licensed by the Texas Commission on Alcohol
362-25 and Drug Abuse<, if the person was sentenced for an offense
362-26 involving controlled substances or the court determines that the
362-27 defendant's use of controlled substances was connected to the
363-1 commission of the offense>;
363-2 (17) Register under Article 6252-13c.1, Revised
363-3 Statutes; <and>
363-4 (18) With the consent of the victim of a misdemeanor
363-5 offense or of any offense under Title 7, Penal Code, participate in
363-6 victim-defendant mediation for the purpose of making restitution to
363-7 the victim;
363-8 (19) Submit to electronic monitoring;
363-9 (20) Reimburse the crime victims compensation fund
363-10 created under the Crime Victims Compensation Act (Article 8309-1,
363-11 Vernon's Texas Civil Statutes) for any amounts paid from that fund
363-12 to a victim, as defined by Article 56.01 of this code, of the
363-13 defendant's offense;
363-14 (21) Reimburse a law enforcement agency for the
363-15 analysis, storage, or disposal of raw materials, controlled
363-16 substances, chemical precursors, drug paraphernalia, or other
363-17 materials seized in connection with the offense;
363-18 (22) Pay all or part of the reasonable and necessary
363-19 costs incurred by the victim for psychological counseling made
363-20 necessary by the offense or for counseling and education relating
363-21 to acquired immune deficiency syndrome or human immunodeficiency
363-22 virus made necessary by the offense; and
363-23 (23) Make one payment in an amount not to exceed $50
363-24 to a local crime stoppers program as defined by Section 414.001,
363-25 Government Code, and as certified by the Crime Stoppers Advisory
363-26 Council.
363-27 (b) A judge <court> may not order a defendant <probationer>
364-1 to make any payments as a term or condition of community
364-2 supervision <probation>, except for fines, court costs, restitution
364-3 to the victim, and other <terms or> conditions related personally
364-4 to the rehabilitation of the defendant <probationer> or otherwise
364-5 expressly authorized by law. The court shall consider the ability
364-6 of the defendant <probationer> to make payments in ordering the
364-7 defendant <probationer> to make payments under this article.
364-8 (c) <In addition to any other terms and conditions of
364-9 probation, the court may require a probationer to reimburse the
364-10 crime victims compensation fund created under the Crime Victims
364-11 Compensation Act (Article 8309-1, Vernon's Texas Civil Statutes)
364-12 for any amounts paid from that fund to a victim of the
364-13 probationer's offense. In this subsection, "victim" has the
364-14 meaning assigned by Article 56.01 of this code.>
364-15 <(c) If a court grants probation to a person convicted of an
364-16 offense under Chapter 481, Health and Safety Code, the court may
364-17 order the person to reimburse a law enforcement agency for the
364-18 agency's expenses for the confiscation, analysis, storage, or
364-19 disposal of raw materials, controlled substances, chemical
364-20 precursors, drug paraphernalia, or other materials seized in
364-21 connection with the offense.>
364-22 <(e) A court may not order a probationer to make any
364-23 payments as a term and condition of probation, except for fines,
364-24 court costs, restitution of the victim, payment to a local crime
364-25 stoppers program under Subsection (h) of this section, and other
364-26 terms and conditions expressly authorized by statute.>
364-27 <(f) If the court grants probation to a person convicted of
365-1 an offense under Section 21.11, 22.011, 22.021, or 22.04, Penal
365-2 Code, the court may, on a finding that the probationer is
365-3 financially able to make payment, require the probationer to pay
365-4 all or a part of the reasonable and necessary costs incurred by the
365-5 victim for psychological counseling made necessary by the offense
365-6 or for counseling and education relating to acquired immune
365-7 deficiency syndrome or human immunodeficiency virus made necessary
365-8 by the offense. Any payments ordered under this subsection may not
365-9 extend past one year from the date of the order.>
365-10 <(g)> If the judge <court> or jury places a defendant on
365-11 community supervision <grants probation to a person>, the judge
365-12 <court> shall require the defendant <person> to demonstrate to the
365-13 court whether the defendant <person> has an educational skill level
365-14 that is equal to or greater than the average skill level of
365-15 students who have completed the sixth grade in public schools in
365-16 this state. If the judge <court> determines that the defendant
365-17 <person> has not attained that skill level, the judge <court> shall
365-18 require as a condition of community supervision <probation> that
365-19 the defendant <person> attain that level of educational skill,
365-20 unless the judge <court> determines that the defendant <person>
365-21 lacks the intellectual capacity or the learning ability to ever
365-22 achieve that level of skill.
365-23 (d) If the judge places a defendant on community supervision
365-24 and the defendant is determined to be mentally ill by an examining
365-25 expert under Section 3, Article 46.02, of this code or in a
365-26 psychological evaluation conducted under Section 9(i) of this
365-27 article, the judge may require the defendant as a condition of
366-1 community supervision to submit to outpatient or inpatient mental
366-2 health treatment if the:
366-3 (1) defendant's:
366-4 (A) mental illness is chronic in nature; or
366-5 (B) ability to function independently will
366-6 continue to deteriorate if the defendant is not treated; and
366-7 (2) judge determines, in consultation with a local
366-8 mental health services provider, that appropriate mental health
366-9 services for the defendant are available through the Texas
366-10 Department of Mental Health and Mental Retardation under Section
366-11 534.053, Health and Safety Code, or through another mental health
366-12 services provider.
366-13 <(g) If the court grants probation to a person convicted of
366-14 an offense under Section 21.11, 22.011, 22.021, or 43.02, Penal
366-15 Code, the court may require the probationer to receive counseling
366-16 or education, or both, relating to acquired immune deficiency
366-17 syndrome or human immunodeficiency virus.>
366-18 <(g) On any evidence of the presence of a controlled
366-19 substance in the defendant's body, or on any evidence the defendant
366-20 has used a controlled substance, or on evidence that controlled
366-21 substance use is related to the offense for which the defendant was
366-22 placed on probation, the court shall require as a condition of
366-23 probation that the defendant submit to testing for controlled
366-24 substances in the defendant's body.>
366-25 <(h) In addition to any other terms and conditions imposed
366-26 under this section, the court may require the probationer as a
366-27 condition of his probation to make one payment in an amount not to
367-1 exceed $50 to a local crime stoppers program as defined by Section
367-2 414.001(2), Government Code, and as certified by the Crime Stoppers
367-3 Advisory Council. In imposing the condition, the court shall
367-4 consider the ability of the probationer to make the payment and the
367-5 effectiveness and fiscal responsibility of the local crime stoppers
367-6 program.>
367-7 <(h) If the court grants probation to a person convicted of
367-8 an offense under the Texas Controlled Substances Act (Article
367-9 4476-15, Vernon's Texas Civil Statutes), the court may require the
367-10 probationer to receive counseling or education, or both, relating
367-11 to acquired immune deficiency syndrome or human immunodeficiency
367-12 virus. The court shall order that a report be made under Section 4
367-13 of this article to determine if the probationer should receive the
367-14 counseling and education.>
367-15 Sec. 12. CONFINEMENT <DETENTION> AS A CONDITION OF COMMUNITY
367-16 SUPERVISION <PROBATION>. (a) If a judge <When the court> having
367-17 jurisdiction of a misdemeanor case requires <grants probation to
367-18 the defendant, the court may require> as a condition of community
367-19 supervision <probation> that the defendant submit to a period of
367-20 confinement <detention> in a county jail, the period of confinement
367-21 may <or community corrections facility to serve a term of
367-22 imprisonment> not <to> exceed 30 days <and serve up to 100 hours of
367-23 community service>. If a judge having jurisdiction of <In> a
367-24 felony case requires <the court may require> as a condition of
367-25 community supervision <probation> that the defendant submit to a
367-26 period of confinement <detention> in a county jail, the period of
367-27 confinement may <to serve a term of imprisonment> not <to> exceed
368-1 180 days<. A court granting probation to a defendant convicted of
368-2 an offense under Section 71.02, Penal Code, may require as a
368-3 condition of probation that the defendant submit to 180 days
368-4 detention in the county jail or community corrections facility and
368-5 serve up to 200 hours of public service in addition to any other
368-6 penalty prescribed by law>.
368-7 (b) A judge that requires as a condition of community
368-8 supervision that the defendant serve a term in a community
368-9 corrections facility under Section 18 of this article may not
368-10 impose a term of confinement under this section that, when added to
368-11 the term imposed under Section 18, exceeds 24 months.
368-12 (c) A judge may impose confinement as a condition of
368-13 community supervision under Subsection (a) of this section on
368-14 placing the defendant on supervision or at any time during the
368-15 supervision period. The judge may impose periods of confinement as
368-16 a condition of community supervision in increments smaller than the
368-17 maximum periods provided by Subsection (a) of this section but may
368-18 not impose periods of confinement that if added together exceed the
368-19 maximum periods provided by Subsection (a).
368-20 Sec. 13. DWI COMMUNITY SUPERVISION <PROBATION>. (a) A
368-21 judge <court> granting community supervision <probation> to a
368-22 defendant convicted of an offense under Chapter 49, Penal Code,
368-23 <Article 6701l-1, Revised Statutes, and punished under Subsection
368-24 (d), (e), or (f) of that article> shall require as a condition of
368-25 community supervision <probation> that the defendant submit to:
368-26 (1) not less than 72 hours of continuous confinement
368-27 <detention in a jail> if the defendant was punished <convicted>
369-1 under Section 49.09(a) <Subsection (d) of Article 6701l-1, Revised
369-2 Statutes>; not less than 10 days of continuous confinement
369-3 <detention in a jail> if the defendant was punished <convicted>
369-4 under Section 49.09(b) or (c) <Subsection (e) of Article 6701l-1,
369-5 Revised Statutes>; or not less than 30 days of continuous
369-6 confinement <detention in a jail> if the defendant was convicted
369-7 under Section 49.07 <Subsection (f) of Article 6701l-1, Revised
369-8 Statutes>; and
369-9 (2) an evaluation by a supervision <probation> officer
369-10 or by a person, program, or facility approved by the Texas
369-11 Commission on Alcohol and Drug Abuse for the purpose of having the
369-12 facility prescribe and carry out a course of conduct necessary for
369-13 the rehabilitation of the defendant's drug or alcohol dependence
369-14 condition.
369-15 (b) A judge <court> granting community supervision
369-16 <probation> to a defendant convicted of an offense under
369-17 <Subdivision (2), Subsection (a),> Section 49.08 <19.05>, Penal
369-18 Code, shall require as a condition of community supervision
369-19 <probation> that the defendant submit to a period of <detention in
369-20 a penal institution to serve a term of> confinement of not less
369-21 than 120 days.
369-22 (c) If the director of a facility to which a defendant
369-23 <person> is referred under Subdivision (2) of Subsection (a) of
369-24 this section determines that the defendant <person> is not making a
369-25 good faith effort to participate in a program of rehabilitation,
369-26 the director shall notify the judge <court> that referred the
369-27 defendant <person> of that fact.
370-1 (d) If a judge <court> requires as a condition of community
370-2 supervision <probation> that the defendant participate in a
370-3 prescribed course of conduct necessary for the rehabilitation of
370-4 the defendant's drug or alcohol dependence condition, the judge
370-5 <court> shall require that the defendant pay for all or part of the
370-6 cost of such rehabilitation based on the defendant's ability to
370-7 pay. The judge <court> may, in its discretion, credit such cost
370-8 paid by the defendant against the fine assessed. In making a
370-9 determination of a defendant's ability to pay the cost of
370-10 rehabilitation under this subsection, the judge <court> shall
370-11 consider whether the defendant has insurance coverage that will pay
370-12 for rehabilitation.
370-13 (e) The confinement <imprisonment> imposed shall be treated
370-14 as a condition of community supervision <probation>, and in the
370-15 event of a sentence of confinement <imprisonment> upon the
370-16 revocation of community supervision <probation>, the term of
370-17 imprisonment served hereunder shall be credited toward service of
370-18 such subsequent confinement <imprisonment>.
370-19 (f) If a judge <court> grants community supervision
370-20 <probation> to a defendant convicted of an offense under Sections
370-21 49.04-49.08, Penal Code <Article 6701l-1, Revised Statutes, and
370-22 punished under Subsection (c) of that article>, and if before
370-23 receiving community supervision <probation> the defendant has not
370-24 submitted to an evaluation under Section 9 of this article, the
370-25 judge <court> shall require the defendant to submit to the
370-26 evaluation as a condition of community supervision <probation>. If
370-27 the evaluation indicates to the judge <court> that the defendant is
371-1 in need of treatment for drug or alcohol dependency, the judge
371-2 <court> shall require the defendant to submit to that treatment as
371-3 a condition of community supervision <probation> in a program or
371-4 facility approved or licensed by the Texas Commission on Alcohol
371-5 and Drug Abuse or in a program or facility that complies with
371-6 standards established by the community justice assistance division
371-7 of the Texas Department of Criminal Justice, after consultation by
371-8 the division with the commission.
371-9 (g) A jury that recommends community supervision <probation>
371-10 for a person convicted of an offense under Sections 49.04-49.08,
371-11 Penal Code <Article 6701l-1, Revised Statutes, and punished under
371-12 Subsection (c) of that article>, may recommend that any driver's
371-13 license issued to the defendant under Chapter 173, Acts of the 47th
371-14 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
371-15 Civil Statutes), not be suspended only if the defendant was 21
371-16 years of age or older at the time of the commission of the offense.
371-17 (h) If a person convicted of an offense under Sections
371-18 49.04-49.08, Penal Code <Article 6701l-1, Revised Statutes, is
371-19 punished under Subsection (c) of that article and> is placed on
371-20 community supervision <probation>, the judge <court> shall require,
371-21 as a condition of the community supervision <probation>, that the
371-22 defendant attend and successfully complete before the 181st day
371-23 after the day community supervision <probation> is granted an
371-24 educational program jointly approved by the Texas Commission on
371-25 Alcohol and Drug Abuse, the Department of Public Safety, the
371-26 Traffic Safety Section of the Texas <State> Department of <Highways
371-27 and Public> Transportation, and the community justice assistance
372-1 division of the Texas Department of Criminal Justice <Texas Adult
372-2 Probation Commission> designed to rehabilitate persons who have
372-3 driven while intoxicated. The Texas Commission on Alcohol and Drug
372-4 Abuse shall publish the jointly approved rules and shall monitor,
372-5 coordinate, and provide training to persons providing the
372-6 educational programs. The Texas Commission on Alcohol and Drug
372-7 Abuse is responsible for the administration of the certification of
372-8 approved educational programs and may charge a nonrefundable
372-9 application fee for the initial certification of approval and for
372-10 renewal of a certificate. The judge may waive the educational
372-11 program requirement, however, if the defendant by a motion in
372-12 writing shows good cause. In determining good cause, the judge may
372-13 consider but is not limited to: the defendant's <offender's>
372-14 school and work schedule, the defendant's <offender's> health, the
372-15 distance that the defendant <offender> must travel to attend an
372-16 educational program, and the fact that the defendant <offender>
372-17 resides out of state, has no valid driver's license, or does not
372-18 have access to transportation. The judge shall set out the finding
372-19 of good cause in the judgment. If a defendant <person> is
372-20 required, as a condition of community supervision <probation>, to
372-21 attend an educational program, the court clerk shall immediately
372-22 report that fact to the Department of Public Safety, on a form
372-23 prescribed by the department, for inclusion in the person's driving
372-24 record. The report must include the beginning date of the person's
372-25 community supervision <probation>. Upon the successful completion
372-26 of the educational program, the person shall give notice to the
372-27 community supervision and corrections <probation> department. The
373-1 <probation> department shall then forward the notice to the court
373-2 clerk. The court clerk shall then report the date of successful
373-3 completion of the educational program to the Department of Public
373-4 Safety for inclusion in the defendant's <person's> driving record.
373-5 If the department does not receive notice that a defendant <person>
373-6 required to complete an educational program has successfully
373-7 completed the program within the period required by this section,
373-8 as shown on department records, the department shall suspend the
373-9 defendant's <person's> driver's license, permit, or privilege or
373-10 prohibit the person from obtaining a license or permit, as provided
373-11 by Section 24(g)(2), Chapter 173, Acts of the 47th Legislature,
373-12 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
373-13 Statutes). This subsection does not apply to a defendant if a jury
373-14 recommends community supervision <probation> for the defendant and
373-15 also recommends that the defendant's driver's license not be
373-16 suspended.
373-17 (i) If a defendant <person> convicted of an offense under
373-18 Sections 49.04-49.08 <Article 6701l-1, Revised Statutes, or Section
373-19 19.05(a)(2)>, Penal Code, is placed on community supervision
373-20 <probation>, the judge <court> may require as a condition of
373-21 community supervision <probation> that the defendant not operate a
373-22 motor vehicle unless the vehicle is equipped with a device that
373-23 uses a deep-lung breath analysis mechanism to make impractical the
373-24 operation of the motor vehicle if ethyl alcohol is detected in the
373-25 breath of the operator. The judge <court> shall require the
373-26 defendant to obtain the device at his own cost. The Department of
373-27 Public Safety shall approve devices for use under this subsection.
374-1 The provisions of Section 23A(f), Chapter 173, Acts of the 47th
374-2 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
374-3 Civil Statutes), apply to the approval of a device under this
374-4 subsection and the consequences of that approval. Notwithstanding
374-5 the provisions of this section, if a defendant <person> is required
374-6 to operate a motor vehicle in the course and scope of the
374-7 defendant's <person's> employment and if the vehicle is owned by
374-8 the employer, the defendant <person> may operate that vehicle
374-9 without installation of an approved ignition interlock device if
374-10 the employer has been notified of that driving privilege
374-11 restriction and if proof of that notification is with the vehicle.
374-12 This employment exemption does not apply, however, if the business
374-13 entity that owns the vehicle is owned or controlled by the
374-14 defendant <person> whose driving privilege has been restricted.
374-15 (j) The judge shall <court may> require <or permit> a
374-16 defendant <person> who is punished <was previously convicted of an
374-17 offense> under Section 49.09, Penal Code, <Article 6701l-1, Revised
374-18 Statutes, and who was required to attend an educational program
374-19 under Subsection (h) of this section> as a condition of community
374-20 supervision <probation>, to attend and successfully complete,
374-21 before the end of the defendant's period of driver's license
374-22 suspension, an educational program <under Subsection (h) of this
374-23 section with a curriculum> for repeat offenders approved by the
374-24 Texas Commission on Alcohol and Drug Abuse <if the court determines
374-25 that attendance at a program would be in the person's best
374-26 interest>. The Texas Commission on Alcohol and Drug Abuse shall
374-27 adopt rules and shall monitor, coordinate, and provide training to
375-1 persons providing the educational programs. The Texas Commission
375-2 on Alcohol and Drug Abuse is responsible for the administration of
375-3 the certification of approved educational programs. The judge may
375-4 waive the educational program requirement only if the defendant by
375-5 a motion in writing shows good cause. In determining good cause,
375-6 the judge may consider the defendant's school and work schedule,
375-7 the defendant's health, the distance that the defendant must travel
375-8 to attend an educational program, and whether the defendant resides
375-9 out of state or does not have access to transportation. The judge
375-10 shall set out the finding of good cause in the judgment. If a
375-11 defendant is required, as a condition of community supervision, to
375-12 attend an educational program, the court clerk shall immediately
375-13 report that fact to the Department of Public Safety, on a form
375-14 prescribed by the department, for inclusion in the defendant's
375-15 driving record. The report must include the beginning date of the
375-16 defendant's community supervision. On the successful completion of
375-17 the educational program for repeat offenders, the defendant shall
375-18 give notice to the community supervision and corrections
375-19 department. The community supervision and corrections department
375-20 shall then forward the notice to the court clerk. The court clerk
375-21 shall then report the date of successful completion of the
375-22 educational program to the Department of Public Safety for
375-23 inclusion in the defendant's driving record. If the Department of
375-24 Public Safety does not receive notice that a defendant required to
375-25 complete an educational program has successfully completed the
375-26 program for repeat offenders within the period required by this
375-27 section, as shown on department records, the department shall
376-1 continue the suspension of the defendant's driver's license,
376-2 permit, or privilege or prohibit the defendant from obtaining a
376-3 license or permit, as provided by Section 24(g)(2), Chapter 173,
376-4 Acts of the 47th Legislature, Regular Session, 1941 (Article 6687b,
376-5 Vernon's Texas Civil Statutes).
376-6 (k) Notwithstanding Section 24(g), Chapter 173, Acts of the
376-7 47th Legislature, Regular Session, 1941 (Article 6687b, Vernon's
376-8 Texas Civil Statutes), if the judge <court>, under Subsection (h)
376-9 or (j) of this section, permits or requires a defendant punished
376-10 under Section 49.09, Penal Code, <person> to attend an educational
376-11 program as a condition of community supervision <probation>, and
376-12 the defendant <person has previously been convicted of an offense
376-13 under Article 6701l-1, Revised Statutes, and> has previously been
376-14 required to attend such a program, the judge <court> nonetheless
376-15 shall automatically suspend the driver's license, permit, or
376-16 operating privilege of that person for a period determined by the
376-17 judge <court> according to the following schedule:
376-18 (1) not less than 90 days or more than 365 days, if
376-19 the defendant <person> is convicted <punished> under Sections
376-20 49.04-49.08, Penal Code <Subsection (c), Article 6701l-1, Revised
376-21 Statutes, whether or not the punishment is increased under
376-22 Subsection (f) of that article>; or
376-23 (2) not less than 180 days or more than two years, if
376-24 the defendant <person> is punished under Section 49.09, Penal Code
376-25 <Subsection (d) or (e), Article 6701l-1, Revised Statutes, whether
376-26 or not the punishment is increased under Subsection (f) of that
376-27 article>.
377-1 (l) If the Department of Public Safety receives notice that
377-2 a defendant <person> has been required or permitted to attend an
377-3 educational program under Subsection (h) of this section, but the
377-4 judge <court> has not ordered a period of suspension, the
377-5 department shall suspend the defendant's <person's> driver's
377-6 license, permit, or operating privilege, or shall issue an order
377-7 prohibiting the defendant <person> from obtaining a license or
377-8 permit for a period of 365 days.
377-9 Sec. 14. SUBSTANCE ABUSE FELONY PROGRAM. (a) If a court
377-10 places a defendant on community supervision under any provision of
377-11 this article as an alternative to imprisonment, the judge may
377-12 require as a condition of community supervision that the defendant
377-13 serve a term of confinement and treatment in a substance abuse
377-14 treatment facility operated by the Texas Department of Criminal
377-15 Justice under Section 493.009, Government Code. A term of
377-16 confinement and treatment imposed under this section must be an
377-17 indeterminate term of not more than one year or less than six
377-18 months.
377-19 (b) A judge may impose the condition of community
377-20 supervision created under this section if:
377-21 (1) the judge places the defendant on community
377-22 supervision under this article;
377-23 (2) the defendant is charged with or convicted of a
377-24 felony other than a felony under Section 21.11, 22.011, 22.021, or
377-25 25.06, Penal Code; and
377-26 (3) the judge makes an affirmative finding that:
377-27 (A) drug or alcohol abuse significantly
378-1 contributed to the commission of the crime or violation of
378-2 community supervision; and
378-3 (B) the defendant is a suitable candidate for
378-4 treatment, as determined by the suitability criteria established by
378-5 the Texas Board of Criminal Justice under Section 493.009(b),
378-6 Government Code.
378-7 (c) If a judge requires as a condition of community
378-8 supervision that the defendant serve a term of confinement and
378-9 treatment in a substance abuse treatment facility under this
378-10 section, the judge shall also require as a condition of community
378-11 supervision that on release from the facility the defendant
378-12 participate in a drug or alcohol abuse continuum of care treatment
378-13 plan.
378-14 (d) The Texas Commission on Alcohol and Drug Abuse shall
378-15 develop the continuum of care treatment plan. <CHILD ABUSERS AND
378-16 SEX OFFENDERS; SPECIAL CONDITIONS. (a) If the court grants
378-17 probation to a person convicted of an offense described by Article
378-18 17.41(a) of this code, the court may require as a condition of
378-19 probation that the defendant not directly communicate with the
378-20 victim of the offense or go near a residence, school, or other
378-21 location, as specifically described in the copy of terms and
378-22 conditions, frequented by the victim. In imposing the condition,
378-23 the court may grant the defendant supervised access to the victim.
378-24 To the extent that a condition imposed under this subsection
378-25 conflicts with an existing court order granting possession of or
378-26 access to a child, the condition imposed under this subsection
378-27 prevails for a period specified by the court granting probation,
379-1 not to exceed 90 days.>
379-2 <(b) If the court grants probation to a person convicted of
379-3 an offense under Section 21.11, 22.011, 22.021, or 22.04, Penal
379-4 Code, the court may require the probationer to attend psychological
379-5 counseling sessions at the direction of the probation officer and
379-6 may require the probationer to pay all or a part of the reasonable
379-7 and necessary costs incurred by the victim for psychological
379-8 counseling made necessary by the offense, upon a finding that the
379-9 probationer is financially able to make payment. Any payments
379-10 ordered under this subsection may not extend past one year from the
379-11 date of the order.>
379-12 Sec. 15. PROCEDURES RELATING TO STATE JAIL FELONY COMMUNITY
379-13 SUPERVISION. (a) On conviction of a state jail felony, the judge
379-14 shall suspend the imposition of the sentence of confinement and
379-15 place the defendant on community supervision. The judge may
379-16 suspend in whole or in part the imposition of any fine imposed on
379-17 conviction.
379-18 (b) The minimum period of community supervision a judge may
379-19 impose under this section is two years. The maximum period of
379-20 community supervision a judge may impose under this section is five
379-21 years. A judge may extend a period of community supervision under
379-22 this section at any time during the period of community
379-23 supervision, or if a motion for revocation of community supervision
379-24 is filed before the period of community supervision ends, before
379-25 the first anniversary of the expiration of the period of community
379-26 supervision.
379-27 (c) A judge may impose any condition of community
380-1 supervision on a defendant that the judge could impose on a
380-2 defendant placed on supervision for an offense other than a state
380-3 jail felony, except that the judge may impose on the defendant a
380-4 condition that the defendant submit to a period of confinement in a
380-5 county jail under Section 12 of this article only if the term does
380-6 not exceed 30 days, or does not exceed 60 days if the defendant
380-7 previously has been convicted of a felony.
380-8 (d) A judge may impose as a condition of community
380-9 supervision that a defendant submit at the beginning of the period
380-10 of community supervision to a term of confinement in a state jail
380-11 felony facility for a term not to exceed 60 days, or 180 days if
380-12 the defendant previously has been convicted of a felony, or one
380-13 year if the defendant is convicted of an offense punishable as a
380-14 state jail felony under Section 481.112, Health and Safety Code, or
380-15 the defendant previously has been convicted of two or more
380-16 felonies. A judge may not require a defendant to submit to both
380-17 the term of confinement authorized by this subsection and a term of
380-18 confinement under Section 12 of this article. For the purposes of
380-19 this subsection, a defendant previously has been convicted of a
380-20 felony regardless of whether the sentence for the previous
380-21 conviction was actually imposed or was probated and suspended.
380-22 (e) If a defendant violates a condition of community
380-23 supervision imposed on the defendant under this article and after a
380-24 hearing under Section 21 of this article the judge modifies the
380-25 defendant's community supervision, the judge may impose any
380-26 sanction permitted by Section 22 of this article, except that the
380-27 judge may not require a defendant to serve a period of confinement
381-1 in a state jail felony facility as a modification of the
381-2 defendant's community supervision.
381-3 (f) If a defendant violates a condition of community
381-4 supervision imposed on the defendant under this article and after a
381-5 hearing under Section 21 of this article the judge revokes the
381-6 defendant's community supervision, the judge shall dispose of the
381-7 case in the manner provided by Section 23 of this article. The
381-8 court retains jurisdiction over the defendant until the first
381-9 anniversary of the date the defendant is received into the custody
381-10 of a state jail. At any time after the 75th day after the date the
381-11 defendant is received into the custody of a state jail and before
381-12 the first anniversary of the date the defendant is received into
381-13 the custody of a state jail, the judge on the judge's own motion,
381-14 on the motion of the attorney representing the state, or on the
381-15 motion of the defendant may suspend further execution of the
381-16 sentence and place the defendant on community supervision under the
381-17 conditions of this section.
381-18 (g) The facility director of a state jail felony facility
381-19 shall report to a judge who orders a defendant confined in the
381-20 facility not less than every 90 days on the defendant's
381-21 programmatic progress, conduct, and conformity to the rules of the
381-22 facility.
381-23 (h)(1) A defendant confined in a state jail felony facility
381-24 after revocation of community supervision does not earn good
381-25 conduct time for time served in the facility.
381-26 (2) A judge may credit against any time a defendant is
381-27 subsequently required to serve in a state jail felony facility
382-1 after revocation of community supervision time served by the
382-2 defendant in county jail:
382-3 (A) from the time of the defendant's arrest and
382-4 confinement until sentencing by the trial court;
382-5 (B) as a condition of community supervision
382-6 under Subsection (d) of this section; and
382-7 (C) after modification of community supervision.
382-8 (3) A judge shall credit against any time a defendant
382-9 is subsequently required to serve in a state jail felony facility
382-10 after revocation of community supervision any time served by the
382-11 defendant in a state jail felony facility after sentencing.
382-12 <RESTITUTION. (a) If a payment is received under Section 6(a)(8)
382-13 or (a)(14) of this article from a probationer for transmittal to a
382-14 victim of an offense, the probation department that receives the
382-15 payment for disbursement to the victim shall deposit the payment in
382-16 an interest-bearing account in the department having original
382-17 jurisdiction. The department shall transmit the payment to the
382-18 victim as soon as practicable.>
382-19 <(a) If the court requires a probationer to make restitution
382-20 to a victim of the probationer's offense, and a payment is received
382-21 under this article from the probationer for transmittal to a victim
382-22 of the offense, the probation department that receives the payment
382-23 for disbursement to the victim shall immediately deposit the
382-24 payment in an interest-bearing account in the department having
382-25 original jurisdiction. The department shall transmit the payment
382-26 to the victim as soon as practicable.>
382-27 <(b) If a victim cannot be located, immediately after
383-1 receiving a final payment in satisfaction of an order of
383-2 restitution for the victim, the probation department shall notify
383-3 the victim of that fact by certified mail, mailed to the last known
383-4 address of the victim. If after receiving notice, a victim makes a
383-5 claim for payment, the probation department promptly shall remit
383-6 the payment to the victim. Not earlier than the fifth anniversary
383-7 of the date on which a probation department mails notice under this
383-8 subsection, if the victim has not made a claim for payment, the
383-9 probation department shall transfer the payment from the
383-10 interest-bearing account to the comptroller of public accounts,
383-11 after deducting five percent of the payment as a collection fee and
383-12 deducting any interest accrued on the payment. The comptroller
383-13 shall deposit the payment in the state treasury to the credit of
383-14 the compensation to victims of crime auxiliary fund.>
383-15 <(b) If a victim cannot be located, immediately after
383-16 receiving a final payment in satisfaction of an order of
383-17 restitution for the victim the probation department shall attempt
383-18 to notify the victim of that fact by certified mail, mailed to the
383-19 last known address of the victim. If a victim then makes a claim
383-20 for payment, the probation department promptly shall remit the
383-21 payment to the victim. Not earlier than the fifth anniversary of
383-22 the date on which a probation department mails notice under this
383-23 subsection, if the victim has not made a claim for payment, the
383-24 probation department shall transfer the payment from the
383-25 interest-bearing account to the comptroller of public accounts,
383-26 after deducting five percent of the payment as a collection fee and
383-27 deducting any interest accrued on the payment. The comptroller
384-1 shall deposit the payment in the state treasury to the credit of
384-2 the compensation to victims of crime auxiliary fund.>
384-3 <(c) The collection fee under Subsection (b) of this section
384-4 and the accrued interest under Subsections (a) and (b) of this
384-5 Section shall be deposited in the special fund of the county
384-6 treasury provided by Section 11, Article 42.13, of this code to be
384-7 used for the same purposes for which state aid may be used under
384-8 that section. The probation department has a maximum of 121 days
384-9 after the four-year expiration date to transfer the funds to the
384-10 comptroller's office. Failure to comply with the 121-day deadline
384-11 will result in a five percent collection fee penalty calculated
384-12 from the total deposit and all interest attributable to the
384-13 unclaimed funds.>
384-14 <(d) If the victim of the offense claims the payment during
384-15 the four-year period in which the payment is held in the
384-16 interest-bearing account, the probation department shall pay the
384-17 victim the amount of the original payment, less any interest earned
384-18 while holding the payment. After the payment has been transferred
384-19 to the comptroller, the probation department has no liability in
384-20 regard to the payment, and any claim for the payment must be made
384-21 to the comptroller. If the victim makes a claim to the
384-22 comptroller, the comptroller shall pay the victim the amount of the
384-23 original payment, less the collection fee, from the compensation to
384-24 victims of crime auxiliary fund.>
384-25 <Sec. 16. WORK PROBATION. (a) A court granting probation
384-26 to a defendant convicted of a felony may require as a condition of
384-27 probation that the defendant work a specified number of hours under
385-1 Section 17 of this article or work a specified number of hours in a
385-2 supervision work program authorized under this section, unless the
385-3 court determines that the defendant is physically or mentally
385-4 incapable of participating in the work program or that
385-5 participating in the work program will work a hardship on the
385-6 defendant or the defendant's dependents, in which event the court
385-7 shall note that fact on the order granting probation. The amount
385-8 of work hours may not be less than 24 hours and may not be more
385-9 than 1,000 hours. The court may not require the defendant to work
385-10 more than eight hours during any week. The court shall make a
385-11 good-faith effort to place the defendant in a type of work for
385-12 which the defendant's previous job experience makes the defendant
385-13 most suited.>
385-14 <(b) The director of a probation department may contract
385-15 with state agencies or political subdivisions of the state, using
385-16 defendants required to participate in a work program under this
385-17 section, to perform tasks contracted for by the agency or
385-18 subdivision. Proceeds from a contract entered into under this
385-19 subsection shall be used by the probation department to offset
385-20 expenses incurred by the department in supervising probationers
385-21 participating in the work program. Any proceeds in excess of the
385-22 amount needed to offset the expenses, including the purchase of
385-23 liability insurance and workers' compensation coverage for
385-24 probationers performing community service work, shall be remitted
385-25 by the director of the probation department to the Texas Adult
385-26 Probation Commission. Proceeds received by the commission under
385-27 this subsection shall be used to offset expenses incurred by the
386-1 commission in assisting probation departments to establish and
386-2 administer programs under this section. Any proceeds in excess of
386-3 the amount needed to offset the expenses shall be remitted by the
386-4 commission to the comptroller of public accounts, to be deposited
386-5 in the general revenue fund.>
386-6 <(c) A director of an adult probation department may
386-7 contract for work probation programs with nonprofit organizations
386-8 that serve the public good by providing assistance to the poor,
386-9 assisting the elderly, or performing other projects that benefit
386-10 the community. Under the contract, defendants required under this
386-11 section to participate in a work program as a condition of
386-12 probation shall perform tasks assigned by the nonprofit
386-13 organization. The nonprofit organization in turn must enter into
386-14 contracts with state agencies, political subdivisions, or other
386-15 nonprofit organizations under which the nonprofit organization
386-16 furnishes supervised persons to participate in work projects for
386-17 the public good.>
386-18 <(d) A director of an adult probation department, an
386-19 employee of a department, an officer of a state agency or political
386-20 subdivision, an organization acting in furtherance of a court's
386-21 work program order, a director of the organization, or an
386-22 authorized volunteer working for or utilized by the organization is
386-23 not liable for damages arising from an act or failure to act by the
386-24 director, officer, employee, or volunteer in connection with a work
386-25 program described by this section if the act or failure to act:>
386-26 <(1) was performed in an official capacity or in
386-27 furtherance of a court's work program order; and>
387-1 <(2) was not intentional, wilfully or wantonly
387-2 negligent, or performed with conscious indifference or reckless
387-3 disregard for the safety of others.>
387-4 <(e) Chapter 101, Civil Practice and Remedies Code, does not
387-5 apply to a claim based on an act or a failure to act of an adult
387-6 probation department, a director, officer, or employee of a
387-7 department, a state agency or political subdivision, an officer or
387-8 employee of a state agency or political subdivision, an
387-9 organization acting in furtherance of a court's work program order,
387-10 a director of the organization, or an authorized volunteer working
387-11 for or utilized by the organization if the act or failure to act is
387-12 in connection with a work program.>
387-13 <(f) This section may not be used by a court in a manner
387-14 that results in a loss of jobs by employees of the state or any
387-15 political subdivision of the state.>
387-16 <(g) State agencies and political subdivisions of the state
387-17 entering into contracts under this section may require liability
387-18 and workers' compensation coverage to the maximum of their
387-19 liability limits as a condition for entry into the contract and may
387-20 also require that the contracting unit of government and its agents
387-21 and employees be coinsured under the policies.>
387-22 <(h) Notwithstanding the provisions of Subsection (a) of
387-23 this section, a court may order a defendant who is not employed to
387-24 perform up to 32 hours of work probation under this section and may
387-25 direct the defendant to use the remaining hours of the week to seek
387-26 employment.>
387-27 Sec. 16 <17>. COMMUNITY SERVICE. (a) A judge shall <If the
388-1 court places a defendant on probation, the court may> require<,> as
388-2 a condition of community supervision <the probation>,) that the
388-3 defendant work a specified number of hours at a community service
388-4 project or projects for an organization or organizations approved
388-5 by the judge and designated by the department, unless the judge
388-6 determines and notes on the order placing the defendant on
388-7 community supervision that:
388-8 (1) the defendant is physically or mentally incapable
388-9 of participating in the project;
388-10 (2) participating in the project will work a hardship
388-11 on the defendant or the defendant's dependents;
388-12 (3) the defendant is to be confined in a substance
388-13 abuse punishment facility as a condition of community supervision;
388-14 or
388-15 (4) there is other good cause shown <named in the
388-16 court's order, and may also require that the defendant submit to
388-17 testing for controlled substances>.
388-18 (b) The amount of community service work ordered by the
388-19 judge <court>:
388-20 (1) may not exceed 1,000 hours and may not be less
388-21 than 320 hours for an offense classified as a first degree felony;
388-22 (2) may not exceed 800 hours and may not be less than
388-23 240 hours for an offense classified as a second degree felony;
388-24 (3) may not exceed 600 hours and may not be less than
388-25 160 hours for an offense classified as a third degree felony;
388-26 (4) may not exceed 400 hours and may not be less than
388-27 120 hours for an offense classified as a state jail felony;
389-1 (5) may not exceed 200 hours and may not be less
389-2 than 80 hours for an offense classified as a Class A misdemeanor or
389-3 for any other misdemeanor for which the maximum permissible
389-4 confinement <imprisonment>, if any, exceeds six months or the
389-5 maximum permissible fine, if any, exceeds $4,000 <$1,000>; and
389-6 (6) <(5)> may not exceed 100 hours and may not be less
389-7 than 24 hours for an offense classified as a Class B misdemeanor or
389-8 for any other misdemeanor for which the maximum permissible
389-9 confinement <imprisonment>, if any, does not exceed six months and
389-10 the maximum permissible fine, if any, does not exceed $4,000
389-11 <$1,000>.
389-12 (c) If the judge modifies the defendant's terms of community
389-13 supervision to include confinement in a state jail felony facility,
389-14 the judge shall order the defendant to continue to work towards
389-15 fulfillment of his work requirement during his period of
389-16 confinement.
389-17 (d) A defendant required to perform community service under
389-18 this section is not a state employee for the purposes of Article
389-19 8309g or 8309h, Revised Statutes.
389-20 <(c) A director of a community supervision and corrections
389-21 department, an employee of a department, or an officer of a state
389-22 agency or political subdivision is not liable for damages arising
389-23 from an act or failure to act by the director, employee, or officer
389-24 in connection with a community restitution service program
389-25 described by this section if the act or failure to act:>
389-26 <(1) was performed in an official capacity; and>
389-27 <(2) was not intentional, wilfully or wantonly
390-1 negligent, or performed with conscious indifference or reckless
390-2 disregard for the safety of others.>
390-3 <(d) Chapter 101, Civil Practice and Remedies Code, does not
390-4 apply to a claim based on an act or a failure to act of a community
390-5 supervision and corrections department, a director, officer, or
390-6 employee of a department, a state agency or political subdivision,
390-7 or an officer or employee of a state agency or political
390-8 subdivision if the act or failure to act is in connection with a
390-9 community service program.>
390-10 <(e) A sheriff, employee of a sheriff's department, county
390-11 commissioner, county employee, county judge, employee of a
390-12 community corrections and supervision department, restitution
390-13 center, or officer or employee of a political subdivision other
390-14 than a county is not liable for damages arising from an act or
390-15 failure to act in connection with community service performed by an
390-16 inmate pursuant to this article if the act or failure to act:>
390-17 <(1) was performed pursuant to court order; and>
390-18 <(2) was not intentional, wilfully or wantonly
390-19 negligent, or performed with conscious indifference or reckless
390-20 disregard for the safety of others.>
390-21 Sec. 17. CHANGE OF RESIDENCE; LEAVING THE STATE. (a) If,
390-22 for good and sufficient reasons, a defendant desires to change his
390-23 residence within the state, the change may be effected by
390-24 application to the supervising supervision officer, which change
390-25 shall be subject to the judge's consent and subject to such
390-26 regulations as the judge may require in the absence of an officer
390-27 in the locality to which the defendant is transferred.
391-1 (b) Any defendant who removes himself from the state without
391-2 permission of the judge having jurisdiction of the case shall be
391-3 considered a fugitive from justice and shall be subject to
391-4 extradition as provided by law. <18. RESTITUTION CENTERS.
391-5 (a) If a judge places a defendant on probation under any provision
391-6 of this article as an alternative to imprisonment, the judge may
391-7 require as a condition of probation that the defendant serve a term
391-8 of not less than three months or more than 12 months in a
391-9 restitution center if:>
391-10 <(1) the district is served by a restitution center or
391-11 contracts with a department that agrees to provide spaces in its
391-12 restitution center;>
391-13 <(2) the defendant is not sentenced for a felony
391-14 offense under Title 5, Penal Code; and>
391-15 <(3) the trier of facts determines that the defendant
391-16 did not cause the serious bodily injury or death of another as a
391-17 result of the commission of the offense or use a deadly weapon
391-18 during the commission of or flight from the offense>.
391-19 <(b) If a jury recommends that an eligible defendant serve
391-20 an alternate term in a restitution center, the judge shall follow
391-21 the jury's recommendation.>
391-22 <(c) A probationer granted probation under this section may
391-23 not earn good conduct credit for time spent in a restitution center
391-24 or apply time spent in the center toward completion of a prison
391-25 sentence if the probation is revoked.>
391-26 <(d) As directed by the judge but at least once during every
391-27 three months after the date that a probationer is in a restitution
392-1 center, the restitution center director shall file with the chief
392-2 adult probation officer or the probation department director a copy
392-3 of an evaluation made by the director of the probationer's behavior
392-4 and attitude at the center. The officer or director shall examine
392-5 the evaluation, make written comments on the evaluation that he
392-6 considers relevant, and file the evaluation and comments with the
392-7 judge who granted probation to the probationer. If the evaluation
392-8 indicates that the probationer has made significant progress toward
392-9 compliance with court-ordered conditions of probation and payment
392-10 of restitution, the court may release the probationer from the
392-11 restitution center. The probationer shall serve the remainder of
392-12 his probation under any terms and conditions the court imposes
392-13 under this article.>
392-14 <(e) No later than nine months after the date on which a
392-15 defendant is granted probation under this section, the restitution
392-16 center director shall file with the chief adult probation officer
392-17 or the probation department director a copy of an evaluation made
392-18 by the director of the probationer's behavior and attitude at the
392-19 center. The officer or director shall examine the evaluation, make
392-20 written comments on the evaluation that he considers relevant, and
392-21 file the evaluation and comments with the judge who granted
392-22 probation to the defendant. If the report indicates that the
392-23 probationer has made significant progress toward court-ordered
392-24 conditions of probation and payment of restitution, the court may
392-25 modify its sentence and release the probationer in the same manner
392-26 as provided by Subsection (d) of this section. If the report
392-27 indicates that the probationer would benefit from continued
393-1 participation in the restitution center program, the court may
393-2 order the probationer to remain at the restitution center for a
393-3 period determined by the court. If the report indicates that the
393-4 probationer has not made significant progress toward
393-5 rehabilitation, the court may revoke probation and order the
393-6 prisoner to the term of imprisonment specified in the probationer's
393-7 sentence.>
393-8 <(f) If ordered by the judge who placed the defendant on
393-9 probation, a restitution center director shall attempt to secure
393-10 employment for the probationer. The director shall also attempt to
393-11 place a probationer as a worker in a community-service project of a
393-12 type described by Section 17 of this article, either during
393-13 off-work hours if the probationer is employed or during any time if
393-14 the probationer is unable to find employment, if so ordered by the
393-15 judge that placed the defendant on probation.>
393-16 <(g) The employer of a probationer participating in a
393-17 program under this section shall deliver the probationer's salary
393-18 to the restitution center director. The director shall deposit the
393-19 salary into a fund to be given to the probationer on his release
393-20 after deducting:>
393-21 <(1) the cost to the center for the probationer's
393-22 food, housing, and supervision;>
393-23 <(2) necessary travel expense to and from work and
393-24 community-service projects and other incidental expenses of the
393-25 probationer;>
393-26 <(3) support of the probationer's dependents; and>
393-27 <(4) restitution to the victims of an offense
394-1 committed by the probationer.>
394-2 <(h) If a restitution center director is unable to find
394-3 employment for a probationer, the director may transfer the
394-4 probationer to the supervision of the director of another
394-5 restitution center who agrees to accept the probationer as a
394-6 participant in the center's program.>
394-7 <(i) A restitution center director may grant a short-term
394-8 furlough to a probationer and may grant an emergency furlough to a
394-9 probationer for the documented purposes of obtaining medical
394-10 treatment or diagnosis or attending funerals or visiting critically
394-11 ill relatives.>
394-12 <(j) A probationer participating in a program under this
394-13 article shall be confined in the restitution center at all times
394-14 except for:>
394-15 <(1) time spent at work and traveling to and from
394-16 work;>
394-17 <(2) time spent attending and traveling to and from an
394-18 education or rehabilitation program approved by the restitution
394-19 center director or the court;>
394-20 <(3) time spent attending and traveling to and from a
394-21 community-service project; and>
394-22 <(4) time spent on short-term or emergency furlough.>
394-23 Sec. 18 <19>. COMMUNITY CORRECTIONS FACILITIES <OTHER THAN
394-24 RESTITUTION CENTERS>. (a) In this section, "community corrections
394-25 facility" means a facility described by Subsection (b)(2) <listed
394-26 in Subdivision (1)> of Section 1 <5>, Article 42.13, of this code<,
394-27 other than a restitution center>.
395-1 (b) If a judge requires <places a defendant on probation
395-2 under any provision of this article as an alternative to
395-3 imprisonment, the judge may require> as a condition of community
395-4 supervision <probation> that the defendant serve a term <of not
395-5 less than one month or more than 24 months> in a community
395-6 corrections facility, the term may not be more than 24 months
395-7 <designated by the judge if:>
395-8 <(1) the district is served by such a community
395-9 corrections facility or contracts with a department that agrees to
395-10 provide spaces in its community corrections facility of that type;
395-11 and>
395-12 <(2) the trier of facts determines that the defendant
395-13 did not cause the serious bodily injury or death of another as a
395-14 result of the commission of the offense or use a deadly weapon
395-15 during the commission of or flight from the offense>.
395-16 (c) <If a jury recommends that an eligible defendant serve
395-17 an alternate term in a community corrections facility, the judge
395-18 shall follow the jury's recommendation.>
395-19 <(d)> A defendant <probationer> granted community
395-20 supervision <probation> under this section may not earn good
395-21 conduct credit for time spent in a community corrections facility
395-22 or apply time spent in the facility toward completion of a prison
395-23 sentence if the community supervision <probation> is revoked.
395-24 (d) <(e)> As directed by the judge, the corrections facility
395-25 director shall file with the community supervision and corrections
395-26 <chief adult probation officer or the probation> department
395-27 director a copy of an evaluation made by the director of the
396-1 defendant's <probationer's> behavior and attitude at the facility.
396-2 The <officer or> director shall examine the evaluation, make
396-3 written comments on the evaluation that he considers relevant, and
396-4 file the evaluation and comments with the judge who granted
396-5 community supervision <probation> to the defendant <probationer>.
396-6 If the evaluation indicates that the defendant <probationer> has
396-7 made significant progress toward compliance with court-ordered
396-8 conditions of community supervision <probation>, the court may
396-9 release the defendant <probationer> from the community corrections
396-10 facility. The defendant <probationer> shall serve the remainder of
396-11 his community supervision <probation> under any terms and
396-12 conditions the court imposes under this article.
396-13 (e) <(f)> No later than 18 months after the date on which a
396-14 defendant is granted community supervision <probation> under this
396-15 section, the community corrections facility director shall file
396-16 with the community supervision and corrections <chief adult
396-17 probation officer or the probation> department director a copy of
396-18 an evaluation made by the director of the defendant's
396-19 <probationer's> behavior and attitude at the center. The <officer
396-20 or> director shall examine the evaluation, make written comments on
396-21 the evaluation that he considers relevant, and file the evaluation
396-22 and comments with the judge who granted community supervision
396-23 <probation> to the defendant. If the report indicates that the
396-24 defendant <probationer> has made significant progress toward
396-25 court-ordered conditions of community supervision <probation>, the
396-26 court shall modify its sentence and release the defendant
396-27 <probationer> in the same manner as provided by Subsection (e) of
397-1 this section. If the report indicates that the defendant
397-2 <probationer> would benefit from continued participation in the
397-3 community corrections facility program, the court may order the
397-4 defendant <probationer> to remain at the community corrections
397-5 facility for a period determined by the court. If the report
397-6 indicates that the defendant <probationer> has not made significant
397-7 progress toward rehabilitation, the court may revoke community
397-8 supervision <probation> and order the defendant <prisoner> to the
397-9 term of confinement <imprisonment> specified in the defendant's
397-10 <probationer's> sentence.
397-11 (f) <(g)> If ordered by the judge who placed the defendant
397-12 on community supervision <probation>, a community corrections
397-13 facility director shall attempt to place a defendant <probationer>
397-14 as a worker in a community-service project of a type described by
397-15 Section 16 <17> of this article.
397-16 (g) <(h) A community corrections facility director has the
397-17 same authority as a restitution center director has under Section
397-18 18(i) of this article.>
397-19 <(i)> A defendant <probationer> participating in a program
397-20 under this article shall be confined in the community corrections
397-21 facility at all times except for:
397-22 (1) time spent attending and traveling to and from an
397-23 education or rehabilitation program as ordered by the court;
397-24 (2) time spent attending and traveling to and from a
397-25 community-service project; <and>
397-26 (3) time spent away from the facility for purposes
397-27 described by <Section 18(i) of> this section; and
398-1 (4) time spent traveling to and from work, if
398-2 applicable <article>.
398-3 (h) A judge that requires as a condition of community
398-4 supervision that the defendant serve a term in a community
398-5 corrections facility may not impose a subsequent term in a
398-6 community corrections facility or jail during the same supervision
398-7 period that, when added to the terms previously imposed, exceeds 24
398-8 months.
398-9 (i) If a defendant participating in a program under this
398-10 section is not required by the judge to deliver the defendant's
398-11 salary to the restitution center director, the employer of the
398-12 defendant shall deliver the salary to the director. The director
398-13 shall deposit the salary into a fund to be given to the defendant
398-14 on release after deducting:
398-15 (1) the cost to the center for the defendant's food,
398-16 housing, and supervision;
398-17 (2) necessary travel expense to and from work and
398-18 community-service projects and other incidental expenses of the
398-19 defendant;
398-20 (3) support of the defendant's dependents; and
398-21 (4) restitution to the victims of an offense committed
398-22 by the defendant.
398-23 <Sec. 20. INTENSIVE OR MAXIMUM PROBATION. If a judge
398-24 determines that a defendant whom the judge would otherwise sentence
398-25 to the institutional division of the Texas Department of Criminal
398-26 Justice would benefit from intensive or maximum probation, the
398-27 judge shall suspend imposition of the sentence and place the
399-1 defendant on intensive or maximum probation.>
399-2 <Sec. 21. ELECTRONIC MONITORING. (a) If a judge sentences
399-3 a defendant to a term of confinement in the county jail or
399-4 imprisonment in the institutional division of the Texas Department
399-5 of Criminal Justice, the defendant is eligible for probation, and
399-6 the district is served by a district probation office that has an
399-7 electronic monitoring program approved by the community justice
399-8 assistance division of the Texas Department of Criminal Justice,
399-9 the judge may suspend imposition of the sentence of imprisonment or
399-10 confinement and require as a condition of probation that the
399-11 defendant submit to electronic monitoring. The judge may also
399-12 require the defendant to submit to testing for controlled
399-13 substances.>
399-14 <(b) The court may, on a determination that the probationer
399-15 has made significant progress toward compliance with court-ordered
399-16 conditions of probation, release the probationer from the
399-17 electronic monitoring program. The probationer shall serve the
399-18 remainder of his probation under any terms and conditions the court
399-19 imposes under this article.>
399-20 <(b) If at any time after a probationer is placed on
399-21 probation under this section the court determines the probationer
399-22 has violated a condition of probation under this section or any
399-23 other section of this article, the court may revoke probation and
399-24 order the probationer to the term of imprisonment or confinement
399-25 specified in the probationer's sentence.>
399-26 <(d) A probationer serving on electronic monitoring as a
399-27 court-ordered condition of probation commits an offense if he
400-1 intentionally or recklessly damages or destroys any of the
400-2 electronic monitoring devices. An offense under this subsection is
400-3 a Class B misdemeanor.>
400-4 Sec. 19 <22>. FEES. (a) Except as otherwise provided by
400-5 this subsection, a judge <court> granting community supervision
400-6 <probation> shall fix a fee of not less than $25 and not more than
400-7 $40 per month to be paid to the court by the defendant
400-8 <probationer> during the community supervision <probationary>
400-9 period. The judge <court> may make payment of the fee a condition
400-10 of granting or continuing the community supervision <probation>.
400-11 The judge <court> may waive or reduce the fee or suspend a monthly
400-12 payment of the fee if the judge <it> determines that payment of the
400-13 fee would cause the defendant <probationer> a significant financial
400-14 hardship.
400-15 (b) The judge <court> shall deposit the fees received under
400-16 Subsection (a) of this section in the special fund of the county
400-17 treasury, to be used for the same purposes for which state aid may
400-18 be used under Article 42.131 of this code.
400-19 (c) A judge <court> receiving a defendant <probationer> for
400-20 supervision as authorized by Article 42.11 of this code may impose
400-21 on the defendant <probationer> any term of community supervision
400-22 <probation> authorized by this article and may require the
400-23 defendant <probationer> to pay the fee authorized by Subsection (a)
400-24 of this section. Fees received under this section shall be
400-25 deposited in the same manner as required by Subsection (b) of this
400-26 section.
400-27 (d) For the purpose of determining when fees due on
401-1 conviction are to be paid to any officer or officers, the placing
401-2 of the defendant on community supervision <probation> shall be
401-3 considered a final disposition of the case, without the necessity
401-4 of waiting for the termination of the period of community
401-5 supervision <probation or suspension of sentence>.
401-6 Sec. 20 <23>. REDUCTION OR TERMINATION OF COMMUNITY
401-7 SUPERVISION <PROBATION>. (a) At any time, after the defendant has
401-8 satisfactorily completed one-third of the original community
401-9 supervision <probationary> period or two years of community
401-10 supervision <probation>, whichever is less <the lesser>, the period
401-11 of community supervision <probation> may be reduced or terminated
401-12 by the judge <court>. Upon the satisfactory fulfillment of the
401-13 conditions of community supervision <probation>, and the expiration
401-14 of the period of community supervision <probation>, the judge
401-15 <court>, by order duly entered, shall amend or modify the original
401-16 sentence imposed, if necessary, to conform to the community
401-17 supervision <probation> period and shall discharge the defendant.
401-18 If <In case the defendant has been convicted or has entered a plea
401-19 of guilty or a plea of nolo contendere to an offense other than an
401-20 offense under Subdivision (2), Subsection (a), Section 19.05, Penal
401-21 Code, or an offense under Article 6701l-1, Revised Statutes, and>
401-22 the judge discharges the <court has discharged the> defendant under
401-23 this section, the judge <hereunder, such court> may set aside the
401-24 verdict or permit the defendant to withdraw his plea, and shall
401-25 dismiss the accusation, complaint, information or indictment
401-26 against the <such> defendant, who shall thereafter be released from
401-27 all penalties and disabilities resulting from the offense or crime
402-1 of which he has been convicted or to which he has pleaded guilty,
402-2 except that:
402-3 (1) proof of the <his said> conviction or plea of
402-4 guilty shall be made known to the judge <court> should the
402-5 defendant again be convicted of any criminal offense; and
402-6 (2) if the defendant is an applicant for a license or
402-7 is a licensee under Chapter 42, Human Resources Code, the Texas
402-8 Department of Human Services may consider the fact that the
402-9 defendant previously has received community supervision <probation>
402-10 under this article <section> in issuing, renewing, denying, or
402-11 revoking a license under that chapter.
402-12 (b) This section does not apply to a defendant convicted of
402-13 an offense under Sections 49.04-49.08, Penal Code, or a defendant
402-14 convicted of an offense punishable as a state jail felony.
402-15 Sec. 21 <24>. VIOLATION OF COMMUNITY SUPERVISION
402-16 <PROBATION>: DETENTION AND HEARING. (a) At any time during the
402-17 period of community supervision <probation> the judge <court> may
402-18 issue a warrant for violation of any of the conditions of the
402-19 community supervision <probation> and cause a defendant convicted
402-20 under Section 43.02, Penal Code, or under Chapter 481, Health and
402-21 Safety Code, or Sections 485.031 through 485.035, Health and Safety
402-22 Code, or placed on deferred adjudication after being charged with
402-23 one of those offenses, to be subject to the control measures of
402-24 Section 81.083, Health and Safety Code, and to the
402-25 court-ordered-management provisions of Subchapter G, Chapter 81,
402-26 Health and Safety Code.
402-27 (b) At any time during the period of community supervision
403-1 <probation> the judge <court> may issue a warrant for violation of
403-2 any of the conditions of the community supervision <probation> and
403-3 cause the defendant to be arrested. Any supervision <probation>
403-4 officer, police officer or other officer with power of arrest may
403-5 arrest such defendant with or without a warrant upon the order of
403-6 the judge <of such court> to be noted on the docket of the court.
403-7 A defendant <probationer> so arrested may be detained in the county
403-8 jail or other appropriate place of confinement <detention> until he
403-9 can be taken before the judge <court>. Such officer shall
403-10 forthwith report such arrest and detention to such judge <court>.
403-11 If the defendant has not been released on bail, on motion by the
403-12 defendant the judge <court> shall cause the defendant to be brought
403-13 before the judge <it> for a hearing within 20 days of filing of
403-14 said motion, and after a hearing without a jury, may either
403-15 continue, extend, modify, or revoke the community supervision
403-16 <probation>. A judge <court> may revoke the community supervision
403-17 <probation> of a defendant who is imprisoned <confined> in a penal
403-18 <or correctional> institution without a hearing if the defendant in
403-19 writing before a court of record in the jurisdiction where
403-20 imprisoned <confined> waives his right to a hearing and to counsel,
403-21 affirms that he has nothing to say as to why sentence should not be
403-22 pronounced against him, and requests the judge <court> to revoke
403-23 community supervision <probation> and to pronounce sentence. In a
403-24 felony case, the state may amend the motion to revoke community
403-25 supervision <probation> any time up to seven days before the date
403-26 of the revocation hearing, after which time the motion may not be
403-27 amended except for good cause shown, and in no event may the state
404-1 amend the motion after the commencement of taking evidence at the
404-2 hearing. The judge <court> may continue the hearing for good cause
404-3 shown by either the defendant or the state.
404-4 (c) <(b)> In a community supervision <probation> revocation
404-5 hearing at which it is alleged only that the defendant
404-6 <probationer> violated the conditions of community supervision
404-7 <probation> by failing to pay compensation paid to appointed
404-8 counsel, community supervision <probation> fees, court costs,
404-9 restitution, or reparations, the inability of the defendant
404-10 <probationer> to pay as ordered by the judge <court> is an
404-11 affirmative defense to revocation, which the defendant
404-12 <probationer> must prove by a preponderance of evidence.
404-13 (d) <(c)> A defendant has a right to counsel at a hearing
404-14 under this section.
404-15 Sec. 22 <25>. CONTINUATION OR MODIFICATION. (a) If after a
404-16 hearing under Section 21 <24> of this article a judge <court>
404-17 continues or modifies community supervision <a felony probation>
404-18 after determining that the defendant <probationer> violated a
404-19 condition of community supervision <probation>, the judge <court>
404-20 may impose any other conditions the judge determines are
404-21 appropriate, including <one or more of the following sanctions on
404-22 the probationer>:
404-23 (1) a requirement that the defendant <probationer>
404-24 perform <work probation or> community service for a number of hours
404-25 specified by the court under Section 16 <or 17> of this article, or
404-26 an increase in the number of hours that the defendant <probationer>
404-27 has previously been required to perform under those sections in an
405-1 amount not to exceed double the number of hours permitted by
405-2 Section 16;
405-3 (2) an increase in the period of community supervision
405-4 <probation>, in the manner described by Subsection (b) of this
405-5 section;
405-6 (3) an increase in the defendant's <probationer's>
405-7 fine, in the manner described by Subsection (d) <(c)> of this
405-8 section; or
405-9 (4) the placement of the defendant in a substance
405-10 abuse felony punishment program operated under Section 493.009,
405-11 Government Code, if:
405-12 (A) the defendant is convicted of a felony other
405-13 than a felony under Section 21.11, 22.011, 22.021, or 25.06, Penal
405-14 Code; and
405-15 (B) the judge makes an affirmative finding that:
405-16 (i) drug or alcohol abuse significantly
405-17 contributed to the commission of the crime or violation of
405-18 community supervision; and
405-19 (ii) the defendant is a suitable candidate
405-20 for treatment, as determined by the suitability criteria
405-21 established by the Texas Board of Criminal Justice under Section
405-22 493.009(b), Government Code. <the placement of the probationer in
405-23 an intensive or maximum probation program, in the same manner and
405-24 under the same conditions as if the court had originally placed the
405-25 probationer in that program;>
405-26 <(5) the placement of the probationer in an electronic
405-27 monitoring program under Section 21 of this article;>
406-1 <(6) confinement in the county jail for a period not
406-2 to exceed 30 days, to be served consecutively, or at the discretion
406-3 of the court, in the manner provided by Article 42.033 or 42.034 of
406-4 this code;>
406-5 <(7) placement in a community corrections facility, in
406-6 the same manner and under the same conditions as if the court had
406-7 originally placed the probationer in that program, if the
406-8 probationer would have been eligible for sentencing to the center
406-9 on conviction of the offense for which the probationer received
406-10 probation;>
406-11 <(8) confinement in the county jail for a period not
406-12 to exceed 90 days, to be served consecutively; or>
406-13 <(9) confinement in a facility operated by the
406-14 institutional division of the Texas Department of Criminal Justice
406-15 for a period of either 60 or 90 days, as specified by the court, if
406-16 the court enters in the order modifying probation a statement that
406-17 the court has previously imposed three or more sanctions on the
406-18 defendant under this section.>
406-19 (b) If the judge imposes a sanction under Subsection (a)(4)
406-20 of this section, the judge shall also impose a condition requiring
406-21 the defendant on successful completion of the program to
406-22 participate in a drug or alcohol abuse continuum of care program.
406-23 (c) The judge may extend a period of community supervision
406-24 under this section as often as the judge determines is necessary,
406-25 but in no case may the period of community supervision in a first,
406-26 second, or third degree felony case exceed 10 years or the period
406-27 of community supervision in a misdemeanor case exceed three years.
407-1 A court may extend a period of community supervision under this
407-2 section at any time during the period of supervision or, if a
407-3 motion for revocation of community supervision is filed before the
407-4 period of supervision ends, before the first anniversary of the
407-5 date on which the period of supervision expires. <A court may
407-6 impose a sanction on a probationer described by Subsection (a)(2)
407-7 of this section by extending the period of probation for a period
407-8 not to exceed one year. The total period of probation, including
407-9 any extensions under this subsection, may not exceed 10 years.>
407-10 (d) <(c)> A judge <court> may impose a sanction on a
407-11 defendant <probationer> described by Subsection (a)(3) of this
407-12 section by increasing the fine imposed on the defendant. The
407-13 original fine imposed on the defendant <probationer> and an
407-14 increase in the fine imposed under this subsection may not exceed
407-15 the maximum fine for the offense for which the defendant
407-16 <probationer> was sentenced. The judge <court> shall deposit money
407-17 received from an increase in the defendant's <probationer's> fine
407-18 under this subsection in the special fund of the county treasury to
407-19 be used for the same purposes for which state aid may be used under
407-20 Article 42.131 of this code.
407-21 <(d) If a court continues or modifies a misdemeanor
407-22 probation after determining that the probationer violated a
407-23 condition of probation, the court may extend the probationer's
407-24 period of probation or increase the probationer's fine, in the same
407-25 manner under Subsections (b) and (c) of this section as if the
407-26 probationer were a felony probationer, except that the total period
407-27 of probation, including any extensions imposed under this
408-1 subsection, may not exceed three years.>
408-2 Sec. 23 <26>. REVOCATION. (a) If community supervision
408-3 <probation> is revoked after a hearing under Section 21 <24> of
408-4 this article, the judge <court> may proceed to dispose of the case
408-5 as if there had been no community supervision <probation>, or if
408-6 the judge <it> determines that the best interests of society and
408-7 the defendant <probationer> would be served by a shorter term of
408-8 confinement <imprisonment>, reduce the term of confinement
408-9 <imprisonment> originally assessed to any term of confinement
408-10 <imprisonment> not less than the minimum prescribed for the offense
408-11 of which the defendant <probationer> was convicted. The judge
408-12 <court> shall enter the amount of restitution or reparation owed by
408-13 the defendant on the date of revocation in the judgment in the
408-14 case.
408-15 (b) No part of the time that the defendant is on community
408-16 supervision <probation> shall be considered as any part of the time
408-17 that he shall be sentenced to serve<, except for time spent by the
408-18 defendant in actual confinement as a condition of probation under
408-19 Section 12 or 13 of this article>. The right of the defendant
408-20 <probationer> to appeal <to the Court of Appeals> for a review of
408-21 the <trial and> conviction and punishment, as provided by law,
408-22 shall be accorded the defendant <probationer> at the time he is
408-23 placed on community supervision <probation>. When he is notified
408-24 that his community supervision <probation> is revoked for violation
408-25 of the conditions of community supervision <probation> and he is
408-26 called on to serve a sentence in a jail or in the institutional
408-27 division of the Texas Department of Criminal Justice <an
409-1 institution operated by the Department of Corrections>, he may
409-2 appeal the revocation.
409-3 Sec. 24. PILOT SUPERVISION CONTRACTS. The Texas Board of
409-4 Criminal Justice may contract with the Commissioners Court of
409-5 Travis County or the Travis County community supervision and
409-6 corrections department for the confinement of felons under
409-7 community supervision. The commissioners court or the community
409-8 supervision and corrections department may not enter into a
409-9 contract under this section unless the commissioners court or
409-10 department first consults with the community justice council
409-11 serving the county or the department. If the county commissioners
409-12 or the community supervision and corrections department contracts
409-13 with the board under this section, the commissioners court or the
409-14 department may subcontract with a private vendor for the provision
409-15 of any and all services described in this section. This section
409-16 expires on September 1, 1995.
409-17 <Sec. 27. CHANGE OF RESIDENCE; LEAVING THE STATE. (a) If,
409-18 for good and sufficient reasons, a probationer desires to change
409-19 his residence within the State, such transfer may be effected by
409-20 application to the supervising probation officer, which transfer
409-21 shall be subject to the court's consent and subject to such
409-22 regulations as the court may require in the absence of a probation
409-23 officer in the locality to which the probationer is transferred.>
409-24 <(b) Any probationer who removes himself from the State of
409-25 Texas without permission of the court having jurisdiction of the
409-26 case shall be considered a fugitive from justice and shall be
409-27 subject to extradition as now provided by law.>
410-1 <Sec. 28. PROGRAM TO ASSESS AND ENHANCE PROBATIONER'S
410-2 EDUCATIONAL AND VOCATIONAL SKILLS. (a) A community supervision
410-3 and corrections department, with the assistance of public school
410-4 districts, community and public junior colleges, public and private
410-5 institutions of higher education, and other appropriate public and
410-6 private entities, may establish a developmental program for a
410-7 probationer under the supervision of the department on the basis of
410-8 information developed under Section 11(g) of this article, as added
410-9 by Chapter 260, Acts of the 71st Legislature, Regular Session,
410-10 1989.>
410-11 <(b) The developmental program may provide the probationer
410-12 with the educational and vocational training necessary to:>
410-13 <(1) meet the average skill level required under
410-14 Section 11(g) of this article, as added by Chapter 260, Acts of the
410-15 71st Legislature, Regular Session, 1989; and>
410-16 <(2) maintain employment while under the supervision
410-17 of the department, to lessen the likelihood that the probationer
410-18 will commit additional offenses.>
410-19 <(c) To decrease expenditures by community supervision and
410-20 corrections departments for the educational and vocational skills
410-21 assessment and enhancement program established under this section,
410-22 the Texas Department of Commerce shall provide information to
410-23 community supervision and corrections departments, public school
410-24 districts, community and public junior colleges, public and private
410-25 institutions of higher education, and other appropriate public and
410-26 private entities for obtaining financial assistance through the
410-27 Texas Job-Training Partnership Act (Article 4413(52), Vernon's
411-1 Texas Civil Statutes) and other applicable programs of public or
411-2 private entities.>
411-3 SECTION 4.02. (a) Except as provided by Subsection (b) of
411-4 this section, the change in law made by this article to Article
411-5 42.12, Code of Criminal Procedure, applies only to a defendant
411-6 charged with or convicted of an offense committed on or after the
411-7 effective date of this article. For the purposes of this section,
411-8 an offense is committed before the effective date of this article
411-9 if any element of the offense occurs before that date. A defendant
411-10 charged with or convicted of an offense committed before the
411-11 effective date of this article is covered by the law in effect when
411-12 the offense was committed, and the former law is continued in
411-13 effect for this purpose.
411-14 (b) A court may require the confinement and treatment of a
411-15 defendant as a condition of probation under Section 14, Article
411-16 42.12, Code of Criminal Procedure, as added by this article,
411-17 granted for an offense whether the offense is committed before, on,
411-18 or after the effective date of this Act.
411-19 SECTION 4.021. Section 534.053(c), Health and Safety Code,
411-20 is amended to read as follows:
411-21 (c) To the extent that resources are available, the
411-22 department shall:
411-23 (1) ensure that the services listed in this section
411-24 are available for children, including adolescents, as well as
411-25 adults, in each service area; <and>
411-26 (2) emphasize early intervention services for
411-27 children, including adolescents, who meet the department's
412-1 definition of being at high risk of developing severe emotional
412-2 disturbances or severe mental illnesses; and
412-3 (3) ensure that services listed in this section are
412-4 available for defendants required to submit to mental health
412-5 treatment under Article 17.032 or Section 5(a) or 11(d), Article
412-6 42.12, Code of Criminal Procedure.
412-7 SECTION 4.03. From the effective date of this article until
412-8 September 1, 1994, a reference in Article 42.12, Code of Criminal
412-9 Procedure, as amended by this Act, to an offense under Chapter 49,
412-10 Penal Code, shall be construed as a reference to the offense and
412-11 the punishment provisions for the offense as they existed before
412-12 the effective date of Article 1 of this Act.
412-13 SECTION 4.04. (a) On and after September 1, 1993, a
412-14 reference in the law to "probation" or "deferred adjudication"
412-15 means "community supervision," as that term is defined in Section
412-16 2, Article 42.12, Code of Criminal Procedure, as amended by
412-17 Section 4.01 of this article. A defendant who is placed on
412-18 probation or who receives deferred adjudication before September 1,
412-19 1993, is considered on and after September 1, 1993, to have
412-20 previously been placed on community supervision.
412-21 (b) The legislature declares that among its purposes in
412-22 amending Article 42.12, Code of Criminal Procedure, in Section 4.01
412-23 of this article, is the purpose of authorizing a judge to place a
412-24 defendant for whom the judge defers criminal proceedings without an
412-25 adjudication of guilt under the same continuum of programs and
412-26 sanctions that the judge could place a defendant under if the judge
412-27 probated the defendant's sentence and suspended the imposition of
413-1 the sentence. It is not the intent of the legislature to eliminate
413-2 or alter substantive or procedural distinctions between probated
413-3 and suspended sentences and deferred adjudications, other than
413-4 those distinctions related to placement of defendants under a
413-5 continuum of sanctions and programs.
413-6 SECTION 4.05. (a) Except as provided by Subsection (b) of
413-7 this section, this article takes effect September 1, 1993.
413-8 (b) Section 15, Article 42.12, Code of Criminal Procedure,
413-9 as added by this article, takes effect September 1, 1994.
413-10 ARTICLE 5
413-11 SECTION 5.01. Section 3(d), Article 37.07, Code of Criminal
413-12 Procedure, is amended to read as follows:
413-13 (d) When the judge assesses the punishment, he may order an
413-14 investigative report as contemplated in Section 9 <4> of Article
413-15 42.12 of this code and after considering the report, and after the
413-16 hearing of the evidence hereinabove provided for, he shall
413-17 forthwith announce his decision in open court as to the punishment
413-18 to be assessed.
413-19 SECTION 5.02. Section 4, Article 37.07, Code of Criminal
413-20 Procedure, is amended to read as follows:
413-21 Sec. 4. (a) In the penalty phase of the trial of a felony
413-22 case in which the punishment is to be assessed by the jury rather
413-23 than the court, if the offense of which the jury has found the
413-24 defendant guilty is listed in Section 3g(a)(1), Article 42.12, of
413-25 this code or if the judgment contains an affirmative finding under
413-26 Section 3g(a)(2), Article 42.12, of this code, unless the defendant
413-27 has been convicted of a capital felony the court shall charge the
414-1 jury in writing as follows:
414-2 "Under the law applicable in this case, the defendant, if
414-3 sentenced to a term of imprisonment, may earn time off the period
414-4 of incarceration imposed through the award of good conduct time.
414-5 Prison authorities may award good conduct time to a prisoner who
414-6 exhibits good behavior, diligence in carrying out prison work
414-7 assignments, and attempts at rehabilitation. If a prisoner engages
414-8 in misconduct, prison authorities may also take away all or part of
414-9 any good conduct time earned by the prisoner.
414-10 "It is also possible that the length of time for which the
414-11 defendant will be imprisoned might be reduced by the award of
414-12 parole.
414-13 "Under the law applicable in this case, if the defendant is
414-14 sentenced to a term of imprisonment, he will not become eligible
414-15 for parole until the actual time served equals one-half
414-16 <one-fourth> of the sentence imposed or 30 <15> years, whichever is
414-17 less, without consideration of any good conduct time he may earn.
414-18 If the defendant is sentenced to a term of less than four <six>
414-19 years, he must serve at least two years before he is eligible for
414-20 parole. Eligibility for parole does not guarantee that parole will
414-21 be granted.
414-22 "It cannot accurately be predicted how the parole law and
414-23 good conduct time might be applied to this defendant if he is
414-24 sentenced to a term of imprisonment, because the application of
414-25 these laws will depend on decisions made by prison and parole
414-26 authorities.
414-27 "You may consider the existence of the parole law and good
415-1 conduct time. However, you are not to consider the extent to which
415-2 good conduct time may be awarded to or forfeited by this particular
415-3 defendant. You are not to consider the manner in which the parole
415-4 law may be applied to this particular defendant."
415-5 (b) In the penalty phase of the trial of a felony case in
415-6 which the punishment is to be assessed by the jury rather than the
415-7 court, if the offense is punishable as a felony of the first
415-8 degree, if a prior conviction has been alleged for enhancement of
415-9 punishment as provided by Section 12.42(b), (c), or (d), Penal
415-10 Code, or if the offense is a felony not designated as a capital
415-11 felony or a felony of the first, second, or third degree and the
415-12 maximum term of imprisonment that may be imposed for the offense is
415-13 longer than 60 years, unless the offense of which the jury has
415-14 found the defendant guilty is listed in Section 3g(a)(1), Article
415-15 42.12, of this code or the judgment contains an affirmative finding
415-16 under Section 3g(a)(2), Article 42.12, of this code, the court
415-17 shall charge the jury in writing as follows:
415-18 "Under the law applicable in this case, the defendant, if
415-19 sentenced to a term of imprisonment, may earn time off the period
415-20 of incarceration imposed through the award of good conduct time.
415-21 Prison authorities may award good conduct time to a prisoner who
415-22 exhibits good behavior, diligence in carrying out prison work
415-23 assignments, and attempts at rehabilitation. If a prisoner engages
415-24 in misconduct, prison authorities may also take away all or part of
415-25 any good conduct time earned by the prisoner.
415-26 "It is also possible that the length of time for which the
415-27 defendant will be imprisoned might be reduced by the award of
416-1 parole.
416-2 "Under the law applicable in this case, if the defendant is
416-3 sentenced to a term of imprisonment, he will not become eligible
416-4 for parole until the actual time served plus any good conduct time
416-5 earned equals one-fourth of the sentence imposed or 15 years,
416-6 whichever is less. Eligibility for parole does not guarantee that
416-7 parole will be granted.
416-8 "It cannot accurately be predicted how the parole law and
416-9 good conduct time might be applied to this defendant if he is
416-10 sentenced to a term of imprisonment, because the application of
416-11 these laws will depend on decisions made by prison and parole
416-12 authorities.
416-13 "You may consider the existence of the parole law and good
416-14 conduct time. However, you are not to consider the extent to which
416-15 good conduct time may be awarded to or forfeited by this particular
416-16 defendant. You are not to consider the manner in which the parole
416-17 law may be applied to this particular defendant."
416-18 (c) In the penalty phase of the trial of a felony case in
416-19 which the punishment is to be assessed by the jury rather than the
416-20 court, if the offense is punishable as a felony of the second or
416-21 third degree, if a prior conviction has been alleged for
416-22 enhancement as provided by Section 12.42(a), Penal Code, or if the
416-23 offense is a felony not designated as a capital felony or a felony
416-24 of the first, second, or third degree and the maximum term of
416-25 imprisonment that may be imposed for the offense is 60 years or
416-26 less, unless the offense of which the jury has found the defendant
416-27 guilty is listed in Section 3g(a)(1), Article 42.12, of this
417-1 code or the judgment contains an affirmative finding under Section
417-2 3g(a)(2), Article 42.12, of this code, the court shall charge the
417-3 jury in writing as follows:
417-4 "Under the law applicable in this case, the defendant, if
417-5 sentenced to a term of imprisonment, may earn time off the period
417-6 of incarceration imposed through the award of good conduct time.
417-7 Prison authorities may award good conduct time to a prisoner who
417-8 exhibits good behavior, diligence in carrying out prison work
417-9 assignments, and attempts at rehabilitation. If a prisoner engages
417-10 in misconduct, prison authorities may also take away all or part of
417-11 any good conduct time earned by the prisoner.
417-12 "It is also possible that the length of time for which the
417-13 defendant will be imprisoned might be reduced by the award of
417-14 parole.
417-15 "Under the law applicable in this case, if the defendant is
417-16 sentenced to a term of imprisonment, he will not become eligible
417-17 for parole until the actual time served plus any good conduct time
417-18 earned equals one-fourth of the sentence imposed. Eligibility for
417-19 parole does not guarantee that parole will be granted.
417-20 "It cannot accurately be predicted how the parole law and
417-21 good conduct time might be applied to this defendant if he is
417-22 sentenced to a term of imprisonment, because the application of
417-23 these laws will depend on decisions made by prison and parole
417-24 authorities.
417-25 "You may consider the existence of the parole law and good
417-26 conduct time. However, you are not to consider the extent to which
417-27 good conduct time may be awarded to or forfeited by this particular
418-1 defendant. You are not to consider the manner in which the parole
418-2 law may be applied to this particular defendant."
418-3 (d) This section does not permit the introduction of
418-4 evidence on the operation of parole and good conduct time laws.
418-5 SECTION 5.03. Chapter 42, Code of Criminal Procedure, is
418-6 amended by amending Articles 42.01-42.036, 42.08, and 42.09 and
418-7 adding Articles 42.023 and 42.20 to read as follows:
418-8 Art. 42.01. JUDGMENT
418-9 Sec. 1. A judgment is the written declaration of the court
418-10 signed by the trial judge and entered of record showing the
418-11 conviction or acquittal of the defendant. The sentence served
418-12 shall be based on the information contained in the judgment. The
418-13 judgment should reflect:
418-14 1. The title and number of the case;
418-15 2. That the case was called and the parties appeared,
418-16 naming the attorney for the state, the defendant, and the attorney
418-17 for the defendant, or, where a defendant is not represented by
418-18 counsel, that the defendant knowingly, intelligently, and
418-19 voluntarily waived the right to representation by counsel;
418-20 3. The plea or pleas of the defendant to the offense
418-21 charged;
418-22 4. Whether the case was tried before a jury or a jury
418-23 was waived;
418-24 5. The submission of the evidence, if any;
418-25 6. In cases tried before a jury that the jury was
418-26 charged by the court;
418-27 7. The verdict or verdicts of the jury or the finding
419-1 or findings of the court;
419-2 8. In the event of a conviction that the defendant is
419-3 adjudged guilty of the offense as found by the verdict of the jury
419-4 or the finding of the court, and that the defendant be punished in
419-5 accordance with the jury's verdict or the court's finding as to the
419-6 proper punishment;
419-7 9. In the event of conviction where death or any
419-8 <nonprobated> punishment is assessed that the defendant be
419-9 sentenced to death, a term of confinement or community supervision
419-10 <imprisonment>, or to pay a fine, as the case may be;
419-11 10. In the event of conviction where <any probated
419-12 punishment is assessed that> the imposition of sentence is
419-13 suspended and the defendant is placed on community supervision
419-14 <probation>, setting forth the punishment assessed, the length of
419-15 community supervision <probation>, and the <probationary terms and>
419-16 conditions of community supervision;
419-17 11. In the event of acquittal that the defendant be
419-18 discharged;
419-19 12. The county and court in which the case was tried
419-20 and, if there was a change of venue in the case, the name of the
419-21 county in which the prosecution was originated;
419-22 13. The offense or offenses for which the defendant
419-23 was convicted;
419-24 14. The date of the offense or offenses and degree of
419-25 offense for which the defendant was convicted;
419-26 15. The term of sentence;
419-27 16. The date judgment is entered;
420-1 17. The date sentence is imposed;
420-2 18. The date sentence is to commence and any credit
420-3 for time served;
420-4 19. The terms of any order entered pursuant to Article
420-5 42.08 of this code that the defendant's sentence is to run
420-6 cumulatively or concurrently with another sentence or sentences;
420-7 20. The terms of any plea bargain;
420-8 21. Affirmative findings entered pursuant to
420-9 Subdivision (2) of Subsection (a) of Section 3g of Article 42.12 of
420-10 this code;
420-11 22. The terms of any fee payment ordered under
420-12 Articles 37.072 and 42.151 of this code;
420-13 23. The defendant's thumbprint taken in accordance
420-14 with Article 38.33 of this code;
420-15 24. In the event that the judge orders the defendant
420-16 to repay a reward or part of a reward under Articles 37.073 and
420-17 42.152 of this code, a statement of the amount of the payment or
420-18 payments required to be made; <and>
420-19 25. In the event that the court orders restitution to
420-20 be paid to the victim <of a felony>, a statement of the amount of
420-21 restitution ordered and:
420-22 (A) the name of the victim and the permanent
420-23 mailing address of the victim at the time of the judgment; or
420-24 (B) if the court determines that the inclusion
420-25 of the victim's name and address in the judgment is not in the best
420-26 interest of the victim, the name and address of a person or agency
420-27 that will accept and forward restitution payments to the victim;
421-1 and
421-2 26. In the event that a presentence investigation is
421-3 required by Section 9(a), (b), (h), or (i), Article 42.12 of this
421-4 code, a statement that the presentence investigation was done
421-5 according to the applicable provision.
421-6 Sec. 2. The judge may order the clerk of the court, the
421-7 prosecuting attorney, or the attorney or attorneys representing any
421-8 defendant to prepare the judgment, or the court may prepare the
421-9 same.
421-10 Sec. 3. The provisions of this article <Article> shall apply
421-11 to both felony and misdemeanor cases.
421-12 Sec. 4. The Office of Court Administration of the Texas
421-13 Judicial System shall promulgate a standardized felony judgment
421-14 form that conforms to the requirements of Section 1 of this
421-15 article. <A copy of the promulgated form shall be mailed to all
421-16 district courts hearing criminal cases on or before October 1,
421-17 1985.>
421-18 <Art. 42.011. RISK ASSESSMENT INSTRUMENTS. (a) Not later
421-19 than the 30th day after the date on which a court pronounces
421-20 sentence in a felony case, the court shall submit a risk assessment
421-21 instrument to the community justice assistance division of the
421-22 Texas Department of Criminal Justice on a form provided by the
421-23 division. If the court does not suspend a sentence of confinement
421-24 in the case or sentence a defendant under Section 12.34(a)(2),
421-25 Penal Code, the court shall attach a statement of its reasons to
421-26 the form.>
421-27 <(b) The division shall develop and distribute forms for use
422-1 under Subsection (a) of this article not later than September 1,
422-2 1990.>
422-3 Art. 42.02. Sentence. The sentence is that part of the
422-4 judgment, or order revoking a suspension of the imposition of a
422-5 <probated> sentence, that orders that the punishment be carried
422-6 into execution in the manner prescribed by law.
422-7 Art. 42.023. JUDGE MAY CONSIDER ALTERNATIVE SENTENCING.
422-8 Before pronouncing sentence on a defendant convicted of a criminal
422-9 offense, the judge may consider whether the defendant should be
422-10 committed for care and treatment under Section 462.081, Health and
422-11 Safety Code.
422-12 Art. 42.03. PRONOUNCING SENTENCE; TIME; CREDIT FOR TIME
422-13 SPENT IN JAIL BETWEEN ARREST AND SENTENCE OR PENDING APPEAL
422-14 Sec. 1. (a) Except as provided in Article 42.14, sentence
422-15 shall be pronounced in the defendant's presence.
422-16 (b) The court shall permit a victim, close relative of a
422-17 deceased victim, or guardian of a victim, as defined by Article
422-18 56.01 of this code, to appear in person to present to the court a
422-19 statement of the person's views about the offense, the defendant,
422-20 and the effect of the offense on the victim. The court reporter
422-21 may not transcribe the statement. The statement must be made:
422-22 (1) after punishment has been assessed and the court
422-23 has determined whether or not to grant community supervision
422-24 <probation> in the case;
422-25 (2) after the court has announced the terms and
422-26 conditions of the sentence; and
422-27 (3) after sentence is pronounced <and shall not be
423-1 transcribed by the court reporter>.
423-2 Sec. 2. (a) In all criminal cases the judge of the court in
423-3 which the defendant was convicted shall give the defendant credit
423-4 on his sentence <or period of confinement served as a condition of
423-5 probation> for the time that the defendant has spent in jail in
423-6 said cause, other than confinement served as a condition of
423-7 community supervision, from the time of his arrest and confinement
423-8 until his sentence by the trial court.
423-9 (b) In all <felony probation> revocations of a suspension of
423-10 the imposition of a sentence the judge shall enter the restitution
423-11 or reparation due and owing on the date of the revocation <of
423-12 probation>.
423-13 Sec. 3. If a defendant appeals his conviction, is not
423-14 released on bail, and is retained in a <local> jail as provided in
423-15 Section 7 <5>, Article 42.09, pending his appeal, the judge of the
423-16 court in which the defendant was convicted shall give the defendant
423-17 credit on his sentence for the time that the defendant has spent in
423-18 jail pending disposition of his appeal. The court shall endorse on
423-19 both the commitment and the mandate from the appellate court all
423-20 credit given the defendant under this section, and the
423-21 institutional division of the Texas Department of Criminal Justice
423-22 <Corrections> shall grant the credit in computing the defendant's
423-23 eligibility for parole and discharge.
423-24 Sec. 4. When a defendant who has been sentenced to
423-25 imprisonment in the institutional division of the Texas Department
423-26 of Criminal Justice <Corrections> has spent time in jail pending
423-27 trial and sentence or pending appeal, the judge of the sentencing
424-1 court shall direct the sheriff to attach to the commitment papers a
424-2 statement assessing the defendant's conduct while in jail.
424-3 <Sec. 7. (a) If jail time is awarded to a person sentenced
424-4 for an offense under Section 25.05, Penal Code, or if the person is
424-5 required to serve a period of confinement as a condition of
424-6 probation, the judge, at the time of the pronouncement of the
424-7 sentence or at any time while the person is serving the sentence or
424-8 period of confinement, on the judge's own motion or on the written
424-9 motion of the defendant, may permit the defendant to serve the
424-10 sentence or period of confinement under house arrest, including
424-11 electronic monitoring and any other conditions the court chooses to
424-12 impose, during the person's off-work hours. The judge may require
424-13 bail of the defendant to ensure the faithful performance of the
424-14 sentence or period of confinement.>
424-15 <(b) The court shall require as a condition to permitting
424-16 the defendant to serve the jail time assessed or period of
424-17 confinement imposed under house arrest a requirement that the
424-18 defendant perform community service work specified by the court for
424-19 a specified number of hours.>
424-20 <(c) The court may require the defendant to pay any
424-21 reasonable cost to the county incurred by the county because of the
424-22 defendant's participation in the house arrest program, including
424-23 the cost to the county for the defendant's participation in
424-24 community service work and the cost of electronic monitoring.>
424-25 <(d) The sentencing and confinement alternatives provided by
424-26 this section are in addition to any other sentencing and
424-27 confinement alternatives provided by law.>
425-1 <Sec. 7A. A court in a county served by a district probation
425-2 office that has an electronic monitoring program approved by the
425-3 community justice assistance division of the Texas Department of
425-4 Criminal Justice may require a defendant to serve all or part of a
425-5 sentence of confinement in county jail or period of confinement
425-6 served as a condition of probation by submitting to electronic
425-7 monitoring rather than being confined in the county jail.>
425-8 <Sec. 8. (a) A court may require a defendant to serve all
425-9 or part of a sentence of confinement in county jail or period of
425-10 confinement served as a condition of probation by performing
425-11 community service rather than by being confined in county jail.>
425-12 <(b) In its order requiring a defendant to participate in
425-13 community service work, the court must specify:>
425-14 <(1) the number of hours the defendant is required to
425-15 work;>
425-16 <(2) the entity or organization for which the
425-17 defendant is required to work;>
425-18 <(3) the project on which the defendant is required to
425-19 work; and>
425-20 <(4) whether the district probation department or a
425-21 court related services office will perform the administrative
425-22 duties required by the placement of the defendant in the community
425-23 service program.>
425-24 <(c) The court may order the defendant to perform community
425-25 service work under this section only for a governmental entity or a
425-26 nonprofit organization that provides services to the general public
425-27 that enhance social welfare and the general well-being of the
426-1 community. A governmental entity or nonprofit organization that
426-2 accepts a defendant under this section to perform community service
426-3 must agree to supervise the defendant in the performance of the
426-4 defendant's work and report on the defendant's work to the district
426-5 probation department or court related services office.>
426-6 <(d) A court may not order a defendant to perform more than
426-7 16 hours per week of community service under this section unless
426-8 the court determines that requiring the defendant to work
426-9 additional hours does not work a hardship on the defendant or the
426-10 defendant's dependents.>
426-11 <(e) A defendant is considered to have served one day in
426-12 jail for each eight hours of community service performed under this
426-13 section.>
426-14 <(f) Notwithstanding the provisions of Subsection (d) of
426-15 this section, a court may order a defendant who is not employed to
426-16 perform up to 32 hours of community service under this section and
426-17 may direct the defendant to use the remaining hours of the week to
426-18 seek employment.>
426-19 <(f) A sheriff, employee of a sheriff's department, county
426-20 commissioner, county employee, county judge, employee of a
426-21 community corrections and supervision department, restitution
426-22 center, or officer or employee of a political subdivision other
426-23 than a county is not liable for damages arising from an act or
426-24 failure to act in connection with community service performed by an
426-25 inmate pursuant to this article if the act or failure to act:>
426-26 <(1) was performed pursuant to court order; and>
426-27 <(2) was not intentional, wilfully or wantonly
427-1 negligent, or performed with conscious indifference or reckless
427-2 disregard for the safety of others.>
427-3 Art. 42.031. WORK RELEASE PROGRAM
427-4 Sec. 1. (a) The sheriff of each county may attempt to
427-5 secure employment for each defendant <prisoner> sentenced to the
427-6 county jail work release program under Article 42.034 of this code
427-7 and each defendant confined in the county jail awaiting transfer to
427-8 the institutional division of the Texas Department of Criminal
427-9 Justice <or permitted under that article to participate in the
427-10 program as an alternative to serving a period of confinement as a
427-11 condition of probation>.
427-12 (b) The employer of a defendant <prisoner> participating in
427-13 a program under this article shall pay the defendant's <prisoner's>
427-14 salary to the sheriff. The sheriff shall deposit the salary into a
427-15 special fund to be given to the defendant <prisoner> on his release
427-16 after deducting:
427-17 (1) the cost to the county<, as determined by the
427-18 commissioners court of the county,> for the defendant's confinement
427-19 <prisoner's incarceration> during the pay period based on the
427-20 average daily cost of confining defendants in the county jail, as
427-21 determined by the commissioners court of the county;
427-22 (2) support of the defendant's <prisoner's>
427-23 dependents; and
427-24 (3) restitution to the victims of an offense committed
427-25 by the defendant <prisoner>.
427-26 (c) At the time of sentencing or at a later date, the court
427-27 sentencing a defendant <prisoner> may direct the sheriff not to
428-1 deduct the cost described under Subdivision (1) of Subsection (b)
428-2 of this section or to deduct only a specified portion of the cost
428-3 if the court determines that the full deduction would cause a
428-4 significant financial hardship to the defendant's <prisoner's>
428-5 dependents.
428-6 (d) If the sheriff does not find employment for a defendant
428-7 <prisoner> who would otherwise be sentenced to imprisonment <or
428-8 confined as a condition of probation> in the institutional
428-9 division, the sheriff shall:
428-10 (1) transfer the defendant <prisoner> to the sheriff
428-11 of a county who agrees to accept the defendant <prisoner> as a
428-12 participant in the county jail work release program; or
428-13 (2) retain the defendant <prisoner> in the county jail
428-14 for employment as soon as possible in a jail work release program.
428-15 <(e) A sheriff or an employee of a sheriff's department is
428-16 not liable for damages arising from an act or failure to act by the
428-17 sheriff or employee in connection with a work program operated
428-18 under this section if the act or failure to act was performed in an
428-19 official capacity.>
428-20 Sec. 2. A defendant <prisoner> participating in a program
428-21 under this article shall be confined in the county jail or in
428-22 another facility designated by the sheriff at all times except for:
428-23 (1) time spent at work and traveling to or from work;
428-24 and
428-25 (2) time spent attending or traveling to or from an
428-26 education or rehabilitation program approved by the sheriff.
428-27 Sec. 3. (a) The sheriff of each county shall classify each
429-1 felon serving a sentence in the county jail work release program
429-2 <or participating in that program as an alternative to serving a
429-3 period of confinement as a condition of probation> for the purpose
429-4 of awarding good conduct time credit in the same manner as inmates
429-5 of the institutional division of the Texas Department of Criminal
429-6 Justice <Corrections> are classified under Chapter 498, Government
429-7 Code, and shall award good conduct time in the same manner as the
429-8 director of the department does in that chapter <article>.
429-9 (b) If the sheriff determines that the defendant is
429-10 conducting himself in a manner that is dangerous to inmates in the
429-11 county jail or to society as a whole, the sheriff may remove the
429-12 defendant from participation in the program pending a hearing
429-13 before the sentencing court. At the hearing, if the court
429-14 determines that the sheriff's assessment of the defendant's conduct
429-15 is correct, the court may terminate the defendant's participation
429-16 in the program and order the defendant to the term of imprisonment
429-17 that the defendant would have received had he not entered the
429-18 program. If the court determines that the sheriff's assessment is
429-19 incorrect, the court shall order the sheriff to readmit the
429-20 defendant to the program. A defendant shall receive as credit
429-21 toward his sentence any time served as a participant in the program
429-22 <If at a hearing requested by a sheriff the court that sentenced
429-23 the prisoner to participation in a county jail work release program
429-24 determines that the prisoner is conducting himself in a manner that
429-25 is dangerous to inmates in the county jail or to society as a
429-26 whole, the court shall order the prisoner's participation in the
429-27 program terminated and order the prisoner to the term or period of
430-1 confinement or the term of imprisonment that the prisoner would
430-2 have received had he not entered the program. The prisoner shall
430-3 receive as credit toward his sentence or period of confinement any
430-4 time served as a participant in the program>.
430-5 Art. 42.032. GOOD CONDUCT
430-6 Sec. 1. To encourage county jail discipline, a distinction
430-7 may be made to give orderly, industrious, and obedient defendants
430-8 <prisoners> the comforts and privileges they deserve. The reward
430-9 for good conduct may consist of a relaxation of strict county jail
430-10 rules and extension of social privileges consistent with proper
430-11 discipline.
430-12 Sec. 2. The sheriff in charge of each county jail may grant
430-13 commutation of time for good conduct, industry, and obedience. A
430-14 deduction not to exceed one day for each day of the original
430-15 sentence actually served may be made for the term or terms of
430-16 sentences <or periods of confinement served as conditions of
430-17 probation> if a charge of misconduct has not been sustained against
430-18 the defendant <prisoner>.
430-19 Sec. 3. This article applies whether or not the judgment of
430-20 conviction is a fine or jail sentence or both <or whether the
430-21 confinement is a condition of probation>, but the deduction in time
430-22 may not exceed one-third of the original sentence as to fines and
430-23 court costs assessed in the judgment of conviction <or one-third of
430-24 the period of confinement ordered as a condition of probation>.
430-25 Sec. 4. A defendant <prisoner> serving two or more
430-26 cumulative sentences shall be allowed commutation as if the
430-27 sentences were one sentence<, and a probationer serving two or more
431-1 periods of confinement as conditions of probation in more than one
431-2 case shall be allowed commutation as if the periods were conditions
431-3 of one grant of probation>.
431-4 Sec. 5. Any part or all of the commutation accrued under
431-5 this article may be forfeited and taken away by the sheriff for a
431-6 sustained charge of misconduct in violation of any rule known to
431-7 the defendant <prisoner>, including escape or attempt to escape, if
431-8 the sheriff has complied with discipline proceedings as approved by
431-9 the Commission on Jail Standards.
431-10 Sec. 6. Except for credit earned by a defendant <an inmate>
431-11 under Article 43.10, no other time allowance or credits in addition
431-12 to the commutation of time under this article may be deducted from
431-13 the term or terms of sentences <or periods of confinement served as
431-14 a condition of probation>.
431-15 Sec. 7. The sheriff shall keep a conduct record in card or
431-16 ledger form and a calendar card on each defendant <inmate> showing
431-17 all forfeitures of commutation time and the reasons for the
431-18 forfeitures.
431-19 Art. 42.033. SENTENCE TO SERVE TIME DURING OFF-WORK HOURS.
431-20 (a) Where jail time has been awarded to a person sentenced for a
431-21 misdemeanor or sentenced to confinement in the county jail for a
431-22 felony or when a defendant is serving a period of confinement as a
431-23 condition of community supervision <probation>, the trial judge, at
431-24 the time of the pronouncement of sentence or at any time while the
431-25 defendant is serving the sentence or period of confinement, when in
431-26 the judge's discretion the ends of justice would best be served,
431-27 may permit the defendant to serve the defendant's sentence or
432-1 period of confinement intermittently during his off-work hours or
432-2 on weekends. The judge may require bail of the defendant to ensure
432-3 the faithful performance of the sentence or period of confinement.
432-4 The judge may attach conditions regarding the employment, travel,
432-5 and other conduct of the defendant during the performance of such a
432-6 sentence or period of confinement.
432-7 (b) The court may impose as a condition to permitting a
432-8 defendant to serve the jail time assessed or period of confinement
432-9 intermittently <during off-work hours or on weekends> an additional
432-10 requirement that the defendant make any of the following payments
432-11 to the court, agencies, or persons, or that the defendant execute a
432-12 letter and direct it to the defendant's employer directing the
432-13 employer to deduct from the defendant's salary an amount directed
432-14 by the court, which is to be sent by the employer to the clerk of
432-15 the court. The money received by the court under this section may
432-16 be used to pay the following expenses as directed by the court:
432-17 (1) the support of the defendant's dependents, if
432-18 necessary;
432-19 (2) the defendant's documented personal, business, and
432-20 travel expenses;
432-21 (3) reimbursement of the general fund of the county
432-22 for the maintenance of the defendant in jail; and
432-23 (4) installment payments on restitution, fines, and
432-24 court costs ordered by the court.
432-25 (c) The condition imposed under Subsection (b) of this
432-26 article is not binding on an employer, except that income withheld
432-27 for child support is governed by Chapter 14, Family Code.
433-1 (d) The court may permit the defendant to serve the
433-2 defendant's sentence or period of confinement intermittently
433-3 <during the defendant's off-work hours or on weekends> in order for
433-4 the defendant to continue employment if the court imposes
433-5 confinement for failure to pay a fine or court costs, as punishment
433-6 for criminal nonsupport under Section 25.05, Penal Code, or for
433-7 contempt of a court order for periodic payments for the support of
433-8 a child.
433-9 (e) The court may permit the defendant to seek employment or
433-10 obtain medical, psychological, or substance abuse treatment or
433-11 counseling or obtain training or needed education under the same
433-12 terms and conditions that apply to employment under this article.
433-13 Art. 42.034. COUNTY JAIL WORK RELEASE PROGRAM. (a) If jail
433-14 time has been awarded to a person sentenced for a misdemeanor or
433-15 sentenced to confinement in the county jail for a felony <or when a
433-16 defendant is serving a period of confinement as a condition of
433-17 probation>, the trial judge at the time of pronouncement of
433-18 sentence or at any time while the defendant is serving the sentence
433-19 <or period of confinement>, when in the judge's discretion the ends
433-20 of justice would best be served, may permit the defendant to serve
433-21 an alternate term for the same period of time in the county jail
433-22 work release program of the county in which the offense occurred
433-23 <if:>
433-24 <(1) the trier of fact determines that the defendant
433-25 did not cause the serious bodily injury or death of another as a
433-26 result of the commission of the offense; and>
433-27 <(2) the judgment for the offense does not contain an
434-1 affirmative finding under Section 3g(a)(2), Article 42.12, of this
434-2 code>.
434-3 (b) A defendant sentenced under this section <or serving a
434-4 period of confinement> who would otherwise be sentenced to
434-5 confinement in jail <or required to serve a period of confinement
434-6 in jail> may earn good conduct credit in the same manner as
434-7 provided by Article 42.032 of this code <Section 1, Chapter 461,
434-8 Acts of the 54th Legislature, Regular Session, 1955 (Article 5118a,
434-9 Vernon's Texas Civil Statutes)>, but only while actually confined.
434-10 <(c) A sheriff or an employee of a sheriff's department is
434-11 not liable for damages arising from an act or failure to act by the
434-12 sheriff or employee in connection with a work program operated
434-13 under this section if the act or failure to act was performed in an
434-14 official capacity.>
434-15 Art. 42.035. ELECTRONIC MONITORING; HOUSE ARREST. (a) A
434-16 court in a county served by a community supervision and corrections
434-17 department <district probation office> that has an electronic
434-18 monitoring program approved by the community justice assistance
434-19 division of the Texas Department of Criminal Justice <Adult
434-20 Probation Commission> may require a defendant to serve all or part
434-21 of a sentence of confinement in county jail by submitting to
434-22 electronic monitoring rather than being confined in the county
434-23 jail.
434-24 (b) A judge, at the time of the pronouncement of a sentence
434-25 of confinement or at any time while the defendant is serving the
434-26 sentence, on the judge's own motion or on the written motion of the
434-27 defendant, may permit the defendant to serve the sentence under
435-1 house arrest, including electronic monitoring and any other
435-2 conditions the court chooses to impose, during the person's
435-3 off-work hours. The judge may require bail of the defendant to
435-4 ensure the faithful performance of the sentence.
435-5 (c) The court may require the defendant to pay to the
435-6 community supervision and corrections department or the county any
435-7 reasonable cost incurred because of the defendant's participation
435-8 in the house arrest program, including the cost of electronic
435-9 monitoring.
435-10 (d) A defendant who submits to electronic monitoring or
435-11 participates in the house arrest program under <Subsection (a) of>
435-12 this section discharges a sentence of confinement without
435-13 deductions, good conduct time credits, or commutations.
435-14 Art. 42.036. COMMUNITY SERVICE. (a) A court may require a
435-15 defendant, other than a defendant convicted of an offense under
435-16 Sections 49.04-49.08, Penal Code, to serve all or part of a
435-17 sentence of confinement or period of confinement required as a
435-18 condition of community supervision <probation> in county jail by
435-19 performing community service rather than by being confined in
435-20 county jail unless the sentence of confinement was imposed by the
435-21 jury in the case.
435-22 (b) In its order requiring a defendant to participate in
435-23 community service work, the court must specify:
435-24 (1) the number of hours the defendant is required to
435-25 work; and
435-26 (2) the entity or organization for which the defendant
435-27 is required to work<;>
436-1 <(3) the project on which the defendant is required to
436-2 work; and>
436-3 <(4) whether the district probation department or a
436-4 court-related services office will perform the administrative
436-5 duties required by the placement of the defendant in the community
436-6 service program>.
436-7 (c) The court may order the defendant to perform community
436-8 service work under this article only for a governmental entity or a
436-9 nonprofit organization that provides services to the general public
436-10 that enhance social welfare and the general well-being of the
436-11 community. A governmental entity or nonprofit organization that
436-12 accepts a defendant under this section to perform community service
436-13 must agree to supervise the defendant in the performance of the
436-14 defendant's work and report on the defendant's work to the
436-15 community supervision and corrections <district probation>
436-16 department or court-related services office.
436-17 (d) The court may require bail of a defendant to ensure the
436-18 defendant's faithful performance of community service and may
436-19 attach conditions to the bail as it determines are proper.
436-20 (e) A court may not order a defendant who is employed to
436-21 perform more than 16 hours per week of community service under this
436-22 article <section> unless the court determines that requiring the
436-23 defendant to work additional hours does not work a hardship on the
436-24 defendant or the defendant's dependents. A court may not order a
436-25 defendant who is unemployed to perform more than 32 hours per week
436-26 of community service under this article, but may direct the
436-27 defendant to use the remaining hours of the week to seek
437-1 employment.
437-2 (f) A defendant is considered to have served one day in jail
437-3 for each eight hours of community service performed under this
437-4 article <section>.
437-5 <(g) An officer or an employee of a governmental entity is
437-6 not liable for damages arising from an act or failure to act by the
437-7 officer or employee in connection with a community service program
437-8 operated under this section if the act or failure to act was
437-9 performed in an official capacity.>
437-10 <(h) A sheriff, employee of a sheriff's department, county
437-11 commissioner, county employee, county judge, employee of a
437-12 community corrections and supervision department, restitution
437-13 center, or officer or employee of a political subdivision other
437-14 than a county is not liable for damages arising from an act or
437-15 failure to act in connection with community service performed by an
437-16 inmate pursuant to this article if the act or failure to act:>
437-17 <(1) was performed pursuant to court order; and>
437-18 <(2) was not intentional, wilfully or wantonly
437-19 negligent, or performed with conscious indifference or reckless
437-20 disregard for the safety of others.>
437-21 Art. 42.08. Cumulative or Concurrent Sentence. (a) When
437-22 the same defendant has been convicted in two or more cases,
437-23 judgment and sentence shall be pronounced in each case in the same
437-24 manner as if there had been but one conviction. Except as provided
437-25 by Sections (b) and (c) of this article, in the discretion of the
437-26 court, the judgment in the second and subsequent convictions may
437-27 either be that the sentence imposed or suspended shall begin when
438-1 the judgment and the sentence imposed or suspended in the preceding
438-2 conviction has ceased to operate, or that the sentence imposed or
438-3 suspended shall run concurrently with the other case or cases, and
438-4 sentence and execution shall be accordingly; provided, however,
438-5 that the cumulative total of suspended sentences in felony cases
438-6 shall not exceed 10 years, and the cumulative total of suspended
438-7 sentences in misdemeanor cases shall not exceed the maximum period
438-8 of confinement <imprisonment> in jail applicable to the misdemeanor
438-9 offenses, though in no event more than three years, including
438-10 extensions of periods of community supervision <probation> under
438-11 Section 22 <24>, Article 42.12, of this code, if none of the
438-12 offenses are offenses under Chapter 49, Penal Code <Article
438-13 6701l-1, Revised Statutes>, or four years, including extensions, if
438-14 any of the offenses are offenses under Chapter 49, Penal Code
438-15 <Article 6701l-1, Revised Statutes>.
438-16 (b) If a defendant is sentenced for an offense committed
438-17 while the defendant was an inmate <a prisoner> in the institutional
438-18 division of the Texas Department of Criminal Justice <Corrections>
438-19 and the defendant has not completed the sentence he was serving at
438-20 the time of the offense, the judge shall order the sentence for the
438-21 subsequent offense to commence immediately on completion of the
438-22 sentence for the original offense.
438-23 (c) If a defendant has been convicted in two or more cases
438-24 and the court suspends the imposition of the sentence in one of the
438-25 cases, the court may not order a sentence of confinement to
438-26 commence on the completion of a suspended sentence for an offense.
438-27 Art. 42.09. COMMENCEMENT OF SENTENCE; STATUS DURING APPEAL;
439-1 PEN PACKET <AND DELIVERY TO PLACE OF CONFINEMENT>
439-2 Sec. 1. Except as provided in Sections 2 and 3, a defendant
439-3 shall be delivered to a jail or to the institutional division of
439-4 the Texas Department of Criminal Justice <Corrections> when his
439-5 sentence <to imprisonment> is pronounced, or his sentence to death
439-6 is announced, by the court. The defendant's sentence begins to run
439-7 on the day it is pronounced, but with all credits, if any, allowed
439-8 by Article 42.03.
439-9 Sec. 2. If a defendant appeals his conviction and is
439-10 released on bail pending disposition of his appeal, when his
439-11 conviction is affirmed, the clerk of the trial court, on receipt of
439-12 the mandate from the appellate court, shall issue a commitment
439-13 against the defendant. The officer executing the commitment shall
439-14 endorse thereon the date he takes the defendant into custody and
439-15 the defendant's sentence begins to run from the date endorsed on
439-16 the commitment. The institutional division of the Texas Department
439-17 of Criminal Justice <Corrections> shall admit the defendant named
439-18 in the commitment on the basis of the commitment.
439-19 Sec. 3. If a defendant is convicted of a felony and
439-20 sentenced to death, life, or a term of more than ten years in the
439-21 institutional division of the Texas Department of Criminal Justice
439-22 <Corrections> and he gives notice of appeal, he shall be
439-23 transferred to the institutional division <Department of
439-24 Corrections> on a commitment pending a mandate from the court of
439-25 appeals or the Court of Criminal Appeals.
439-26 Sec. 4. If a defendant is convicted of a felony and his
439-27 sentence is a term of ten years or less and he gives notice of
440-1 appeal, he shall be transferred to the institutional division of
440-2 the Texas Department of Criminal Justice <Corrections> on a
440-3 commitment pending a mandate from the court of appeals or the Court
440-4 of Criminal Appeals upon request in open court or upon written
440-5 request to the sentencing court. Upon a valid transfer to the
440-6 institutional division <Department of Corrections> under this
440-7 section, the defendant may not thereafter be released on bail
440-8 pending his appeal.
440-9 Sec. 5. If a defendant is transferred to the institutional
440-10 division of the Texas Department of Criminal Justice <Corrections>
440-11 pending appeal under Section 3 or 4, his sentence shall be computed
440-12 as if no appeal had been taken if the appeal is affirmed.
440-13 Sec. 6. All defendants who have been transferred to the
440-14 institutional division of the Texas Department of Criminal Justice
440-15 <Corrections> pending the appeal of their convictions under this
440-16 article <Article,> shall be under the control and authority of the
440-17 institutional division <Department of Corrections> for all purposes
440-18 as if no appeal were pending.
440-19 Sec. 7. If a defendant is sentenced to a term of
440-20 imprisonment <confinement> in the institutional division of the
440-21 Texas Department of Criminal Justice <Corrections> but is not
440-22 transferred to the institutional division <Department of
440-23 Corrections> under Section 3 or 4 of this article, the court,
440-24 before the date on which it would lose jurisdiction under Section
440-25 6(a) <3e>, Article 42.12, of this code, shall send to the
440-26 department a document containing a statement of the date on which
440-27 the defendant's sentence was pronounced and credits earned by the
441-1 defendant under Article <Section> 42.03 of this code as of the date
441-2 of the statement.
441-3 Sec. 8. (a) A county that transfers a defendant to the
441-4 institutional division of the Texas Department of Criminal Justice
441-5 <Corrections> under this article <Article> shall deliver to the
441-6 director of the division <department>:
441-7 (1) a copy of the judgment entered pursuant to Article
441-8 42.01 of this code, completed on a standardized felony judgment
441-9 form described by Section 4 of that article <Article>;
441-10 (2) a copy of any order revoking probation and
441-11 imposing sentence pursuant to Section 23, <8 of> Article 42.12, of
441-12 this code, including:
441-13 (A) any amounts owed for restitution, fines, and
441-14 court costs, completed on a standardized felony judgment form
441-15 described by Section 4, <of> Article 42.01, of this code; and
441-16 (B) a copy of the client supervision plan
441-17 prepared for the defendant by the community supervision and
441-18 corrections <adult probation> department supervising the defendant,
441-19 if such a plan was prepared;
441-20 (3) a written report that states the nature and the
441-21 seriousness of each offense and that states the citation to the
441-22 provision or provisions of the Penal Code or other law under which
441-23 the defendant was convicted;
441-24 (4) a copy of the victim impact statement, if one has
441-25 been prepared in the case under Article 56.03 of this code;
441-26 (5) a statement as to whether there was a change in
441-27 venue in the case and, if so, the names of the county prosecuting
442-1 the offense and the county in which the case was tried;
442-2 (6) a copy of the record of arrest for each offense;
442-3 (7) if requested, information regarding the criminal
442-4 history of the defendant, including the defendant's state
442-5 identification number if the number has been issued;
442-6 (8) a copy of the indictment or information for each
442-7 offense;
442-8 (9) a checklist sent by the department to the county
442-9 and completed by the county in a manner indicating that the
442-10 documents required by this subsection and Subsection (c) of this
442-11 section accompany the defendant; and
442-12 (10) <a copy of the Criminal Justice Data Report
442-13 prepared under Section 413.018, Government Code; and>
442-14 <(11)> a copy of a presentence or postsentence
442-15 investigation report prepared under Section 9, Article 42.12 of
442-16 this code.
442-17 (b) The institutional division of the Texas Department of
442-18 Criminal Justice <Corrections> shall not take a defendant into
442-19 custody under this article <Article> until the director receives
442-20 the documents required by Subsections (a) and (c) of this section.
442-21 The director shall certify under the seal of the institutional
442-22 division the documents received under Subsections (a) and (c) of
442-23 this section. A document certified under this subsection is
442-24 self-authenticated for the purposes of Rules 901 and 902, Texas
442-25 Rules of Criminal Evidence.
442-26 (c) A county that transfers a defendant to the institutional
442-27 division of the Texas Department of Criminal Justice <Corrections>
443-1 under this article <Article> shall also deliver to the director of
443-2 the division <department> any presentence or postsentence
443-3 investigation report, <probation> revocation report, psychological
443-4 or psychiatric evaluation of the defendant, and available social or
443-5 psychological background information relating to the defendant and
443-6 may deliver to the director any additional information upon which
443-7 the judge or jury bases the punishment decision.
443-8 (d) The institutional division of the Texas Department of
443-9 Criminal Justice <Corrections> shall make documents received under
443-10 Subsections (a) and (c) of this section available to the pardons
443-11 and paroles division <Board of Pardons and Paroles> on the request
443-12 of the pardons and paroles division <board or its representative>.
443-13 (e) A county is not required to deliver separate documents
443-14 containing information relating to citations to provisions of the
443-15 Penal Code or other law and to changes of venue, as otherwise
443-16 required by Subsections (a)(3) and (a)(5) of this article
443-17 <Article>, if the standardized felony judgment form described by
443-18 Section 4, <of> Article 42.01, of this code is modified to require
443-19 that information.
443-20 (f) Except as provided by Subsection (g) of this section,
443-21 the county sheriff is responsible for ensuring that documents and
443-22 information required by this section accompany defendants sentenced
443-23 by district courts in the county to terms of imprisonment
443-24 <confinement> in the institutional division of the Texas Department
443-25 of Criminal Justice <Corrections>.
443-26 (g) If the presiding judge of the administrative judicial
443-27 region in which the county is located determines that the county
444-1 sheriff is unable to perform the duties required by Subsection (f)
444-2 of this section, the presiding judge may impose those duties on:
444-3 (1) the district clerk; or
444-4 (2) the prosecutor of each district court in the
444-5 county.
444-6 (h) If a parole panel <the board> releases on parole a
444-7 person who is confined in a jail in this state, a federal
444-8 correctional institution, or a correctional institution in another
444-9 state, the pardons and paroles division of the Texas Department of
444-10 Criminal Justice <Board of Pardons and Paroles> shall request the
444-11 sheriff who would otherwise be required to transfer the person to
444-12 the institutional division <Texas Department of Corrections> to
444-13 forward to both divisions <the board and to the department> the
444-14 information described by Subsections (a) and (c) of this section.
444-15 The sheriff shall comply with the request of the pardons and
444-16 paroles division <board>. The pardons and paroles division <board>
444-17 shall determine whether the information forwarded by the sheriff
444-18 under this subsection contains a thumbprint taken <fingerprint>
444-19 from the person in the manner provided by Article 38.33 of this
444-20 code and, if not, the division <board> shall obtain a thumbprint
444-21 taken in the manner provided by that article <10-finger print from
444-22 the person, either by use of the ink-rolled print method or by use
444-23 of a live-scanning device that prints the fingerprint image on
444-24 paper,> and shall forward the thumbprint <10-finger print> to the
444-25 institutional division <department> for inclusion with the
444-26 information sent by the sheriff.
444-27 (i) A county may deliver the documents required under
445-1 Subsections (a) and (c) of this section to the institutional
445-2 division of the Texas Department of Criminal Justice by electronic
445-3 means. For purposes of this subsection, "electronic means" means
445-4 the transmission of data between word processors, data processors,
445-5 or similar automated information equipment over dedicated cables,
445-6 commercial lines, or other similar methods of transmission.
445-7 Art. 42.20. IMMUNITIES. (a) An individual listed in
445-8 Subsection (c) of this article and the governmental entity that the
445-9 individual serves as an officer or employee are not liable for
445-10 damages arising from an act or failure to act by the individual or
445-11 governmental entity in connection with a community service program
445-12 or work program established under this chapter if the act or
445-13 failure to act:
445-14 (1) was performed pursuant to a court order or was
445-15 otherwise performed in an official capacity; and
445-16 (2) was not performed with conscious indifference for
445-17 the safety of others.
445-18 (b) Chapter 101, Civil Practice and Remedies Code, does not
445-19 apply to a claim based on an act or a failure to act of an
445-20 individual listed in Subsection (c) of this article or a
445-21 governmental entity the officer serves as an officer or employee if
445-22 the act or failure to act is in connection with a program described
445-23 by Subsection (a) of this article.
445-24 (c) This article applies to:
445-25 (1) a director or employee of a community supervision
445-26 and corrections department or a community corrections facility;
445-27 (2) a sheriff or employee of a sheriff's department;
446-1 (3) a county judge, county commissioner, or county
446-2 employee;
446-3 (4) an officer or employee of a state agency; or
446-4 (5) an officer or employee of a political subdivision
446-5 other than a county.
446-6 SECTION 5.04. Chapter 43, Code of Criminal Procedure, is
446-7 amended by amending Articles 43.01, 43.03, 43.09, 43.10, 43.101,
446-8 43.11, and 43.12 and adding Article 43.131 to read as follows:
446-9 Art. 43.01. Discharging Judgment for Fine. (a) When the
446-10 sentence against an individual defendant is for fine and costs, he
446-11 shall be discharged from the same:
446-12 (1) when the amount thereof has been fully paid; <or>
446-13 (2) when remitted by the proper authority; <or>
446-14 (3) when he has remained in custody for the time
446-15 required by law to satisfy the amount thereof; or
446-16 (4) when the defendant has discharged the amount of
446-17 fines and costs in any other manner permitted by this code.
446-18 (b) When the sentence against a defendant corporation or
446-19 association is for fine and costs, it shall be discharged from
446-20 same:
446-21 (1) when the amount thereof has been fully paid; <or>
446-22 (2) when the execution against the corporation or
446-23 association has been fully satisfied; or
446-24 (3) when the judgment has been fully satisfied in any
446-25 other manner.
446-26 Art. 43.03. Payment of Fine. (a) If a defendant is
446-27 sentenced to pay a fine or costs or both and he defaults in
447-1 payment, the court after a hearing under Subsection (d) of this
447-2 article may order him confined <imprisoned> in jail until
447-3 discharged as provided by law or may order him to discharge the
447-4 fines and costs in any other manner provided by Article 43.09 of
447-5 this code. A certified copy of the judgment, sentence, and order
447-6 is sufficient to authorize confinement under this subsection <such
447-7 imprisonment>.
447-8 (b) A term of confinement <imprisonment> for default in
447-9 payment of fine or costs or both may not exceed the maximum term of
447-10 confinement <imprisonment> authorized for the offense for which the
447-11 defendant was sentenced to pay the fine or costs or both. If a
447-12 court orders a term of confinement for default in payment of fines
447-13 or costs under this article at a time during which a defendant is
447-14 serving another term of confinement for default or is serving a
447-15 term of confinement for conviction of an offense, the term of
447-16 confinement for default runs concurrently with the other term of
447-17 confinement, unless the court orders the terms to run consecutively
447-18 under Article 42.08 of this code.
447-19 (c) If a defendant is sentenced both to confinement
447-20 <imprisonment> and to pay a fine or costs or both, and he defaults
447-21 in payment of either, a term of confinement <imprisonment> for the
447-22 default, when combined with the term of confinement <imprisonment>
447-23 already assessed, may not exceed the maximum term of confinement
447-24 <imprisonment> authorized for the offense for which the defendant
447-25 was sentenced.
447-26 (d) A court may not order a defendant confined under
447-27 Subsection (a) of this article unless the court at a hearing:
448-1 (1) determines that the defendant is not indigent or
448-2 determines that the defendant wilfully refused to pay or failed to
448-3 make sufficient bona fide efforts legally to acquire the resources
448-4 to pay and enters that determination in writing in the court
448-5 docket; and
448-6 (2) determines that no alternative method of
448-7 discharging fines and costs provided by Article 43.09 of this code
448-8 is appropriate for the defendant.
448-9 Art. 43.09. Fine Discharged. (a) When a defendant is
448-10 convicted of a misdemeanor and his punishment is assessed at a
448-11 pecuniary fine, if he is unable to pay the fine and costs adjudged
448-12 against him, he may for such time as will satisfy the judgment be
448-13 put to work in the workhouse, or on the county farm, or public
448-14 improvements of the county or a political subdivision located in
448-15 whole or in part in the county, as provided in the succeeding
448-16 article <Article>; or if there be no such workhouse, farm or
448-17 improvements, he shall be confined <imprisoned> in jail for a
448-18 sufficient length of time to discharge the full amount of fine and
448-19 costs adjudged against him; rating such confinement <imprisonment>
448-20 at $50 for each day and rating such labor at $50 for each day;
448-21 provided, however, that the defendant may pay the pecuniary fine
448-22 assessed against him at any time while he is serving at work in the
448-23 workhouse, or on the county farm, or on the public improvements of
448-24 the county or a political subdivision located in whole or in part
448-25 in the county, or while he is serving his jail sentence, and in
448-26 such instances he shall be entitled to the credit he has earned
448-27 under this subsection during the time that he has served and he
449-1 shall only be required to pay his balance of the pecuniary fine
449-2 assessed against him. A defendant who performs labor under this
449-3 article during a day in which he is confined <imprisoned> is
449-4 entitled to both the credit for confinement <imprisonment> and the
449-5 credit for labor provided by this article.
449-6 (b) In its discretion, the court may order that for each
449-7 day's confinement served by a defendant under this article
449-8 <Article>, the defendant receive credit toward payment of the
449-9 pecuniary fine and credit toward payment of costs adjudged against
449-10 the defendant. Additionally, the court may order that the
449-11 defendant receive credit under this article <Article> for each
449-12 day's confinement served by the defendant as punishment for the
449-13 offense.
449-14 (c) In its discretion, the court may order that a defendant
449-15 serving concurrent, but not consecutive, sentences for two or more
449-16 misdemeanors may, for each day served, receive credit toward the
449-17 satisfaction of costs and fines imposed for each separate offense.
449-18 (d) Notwithstanding any other provision of this article, in
449-19 its discretion, the court or the sheriff of the county may grant an
449-20 additional two days credit for each day served to any inmate
449-21 participating in an approved work program under this article or a
449-22 rehabilitation, restitution, or education program.
449-23 (e) A court in a county served by a community supervision
449-24 and corrections department that has an electronic monitoring
449-25 program approved by the community justice assistance division of
449-26 the Texas Department of Criminal Justice may require a defendant
449-27 who is unable to pay a fine or costs to discharge all or part of
450-1 the fine or costs by submitting to electronic monitoring. A
450-2 defendant that submits to electronic monitoring under this
450-3 subsection discharges fines and costs in the same manner as if the
450-4 defendant were confined in county jail.
450-5 (f) A court may require a defendant who is unable to pay a
450-6 fine or costs to discharge all or part of the fine or costs by
450-7 performing community service.
450-8 (g) In its order requiring a defendant to participate in
450-9 community service work under Subsection (f) of this article, the
450-10 court must specify:
450-11 (1) the number of hours the defendant is required to
450-12 work; and
450-13 (2) <the entity or organization for which the
450-14 defendant is required to work;>
450-15 <(3) the project on which the defendant is required to
450-16 work; and>
450-17 <(4)> whether the community supervision and
450-18 corrections <district probation> department or a court-related
450-19 services office will perform the administrative duties required by
450-20 the placement of the defendant in the community service program.
450-21 (h) The court may order the defendant to perform community
450-22 service work under Subsection (f) of this article only for a
450-23 governmental entity or a nonprofit organization that provides
450-24 services to the general public that enhance social welfare and the
450-25 general well-being of the community. A governmental entity or
450-26 nonprofit organization that accepts a defendant under Subsection
450-27 (f) of this article to perform community service must agree to
451-1 supervise the defendant in the performance of the defendant's work
451-2 and report on the defendant's work to the district probation
451-3 department or court-related services office.
451-4 (i) The court may require bail of a defendant to ensure the
451-5 defendant's faithful performance of community service under
451-6 Subsection (f) of this article and may attach conditions to the
451-7 bail as it determines are proper.
451-8 (j) A court may not order a defendant to perform more than
451-9 16 hours per week of community service under Subsection (f) of this
451-10 article unless the court determines that requiring the defendant to
451-11 work additional hours does not work a hardship on the defendant or
451-12 the defendant's dependents.
451-13 (k) A defendant is considered to have discharged $50 of
451-14 fines or costs for each eight hours of community service performed
451-15 under Subsection (f) of this article.
451-16 <(l) A sheriff, employee of a sheriff's department, county
451-17 commissioner, county employee, county judge, an employee of a
451-18 community corrections and supervision department, restitution
451-19 center, or officer or employee of a political subdivision other
451-20 than a county is not liable for damages arising from an act or
451-21 failure to act in connection with manual labor performed by an
451-22 inmate pursuant to this article if the act or failure to act:>
451-23 <(1) was performed pursuant to court order; and>
451-24 <(2) was not intentional, wilfully or wantonly
451-25 negligent, or performed with conscious indifference or reckless
451-26 disregard for the safety of others.>
451-27 Art. 43.10. <To Do> Manual Labor. <(a)> Where the
452-1 punishment assessed in a conviction for misdemeanor is confinement
452-2 in jail for more than one day, or where in such conviction the
452-3 punishment is assessed only at a pecuniary fine and the party so
452-4 convicted is unable to pay the fine and costs adjudged against him,
452-5 or where the party convicted is required to serve a period of
452-6 confinement as a condition of community supervision <probation>,
452-7 the party convicted or required to serve the period of confinement
452-8 shall be required to do manual labor in accordance with the
452-9 provisions of this article <Article> under the following rules and
452-10 regulations:
452-11 1. Each commissioners court may provide for the
452-12 erection of a workhouse and the establishment of a county farm in
452-13 connection therewith for the purpose of utilizing the labor of said
452-14 parties so convicted or required to serve a period of confinement;
452-15 2. Such farms and workhouses shall be under the
452-16 control and management of the sheriff, and the sheriff may adopt
452-17 such rules and regulations not inconsistent with the rules and
452-18 regulations of the Texas Commission on Jail Standards and with the
452-19 laws as the sheriff deems necessary;
452-20 3. Such overseers and guards may be employed by the
452-21 sheriff under the authority of the commissioners court as may be
452-22 necessary to prevent escapes and to enforce such labor, and they
452-23 shall be paid out of the county treasury such compensation as the
452-24 commissioners court may prescribe;
452-25 4. They shall be put to labor upon public works,
452-26 including public works for a political subdivision located in whole
452-27 or in part in the county;
453-1 5. One who from age, disease, or other physical or
453-2 mental disability is unable to do manual labor shall not be
453-3 required to work. His inability to do manual labor may be
453-4 determined by a physician appointed for that purpose by the county
453-5 judge or the commissioners court, who shall be paid for such
453-6 service such compensation as said court may allow; and
453-7 6. For each day of manual labor, in addition to any
453-8 other credits allowed by law, a defendant <prisoner> is entitled to
453-9 have one day deducted from each sentence or period of confinement
453-10 he is serving. The deduction authorized by this article, when
453-11 combined with the deduction required by Article 42.10, Code of
453-12 Criminal Procedure, may not exceed two-thirds (2/3) of the sentence
453-13 or period of confinement.
453-14 <(b) A sheriff, employee of a sheriff's department, county
453-15 commissioner, county employee, county judge, and employee of a
453-16 community corrections and supervision department, restitution
453-17 center, or officer or employee of a political subdivision other
453-18 than a county is not liable for damages arising from an act or
453-19 failure to act in connection with manual labor performed by an
453-20 inmate pursuant to this article if the act or failure to act:>
453-21 <(1) was performed pursuant to court order; and>
453-22 <(2) was not intentional, wilfully or wantonly
453-23 negligent, or performed with conscious indifference or reckless
453-24 disregard for the safety of others.>
453-25 Art. 43.101. Voluntary Work <by Pretrial Detainees>. (a) A
453-26 defendant confined in county jail awaiting trial or a defendant
453-27 confined in county jail after conviction of a felony and awaiting
454-1 transfer to the institutional division of the Texas Department of
454-2 Criminal Justice may volunteer to participate in any work program
454-3 operated by the sheriff that uses the labor of convicted
454-4 defendants.
454-5 (b) The sheriff may accept a defendant as a volunteer under
454-6 Subsection (a) of this section if the defendant is not awaiting
454-7 trial for an offense involving violence or is not awaiting transfer
454-8 to the institutional division of the Texas Department of Criminal
454-9 Justice after conviction of a felony involving violence, and if the
454-10 sheriff determines that the inmate has not engaged previously in
454-11 violent conduct and does not pose a security risk to the general
454-12 public if allowed to participate in the work program.
454-13 (c) A defendant participating in a work program under this
454-14 section is not a state employee for the purposes of Article 8309g
454-15 or 8309h, Revised Statutes. <The limitations on liability of a
454-16 county for damages suffered by an inmate participating in a work
454-17 program operated by the sheriff apply to a defendant who volunteers
454-18 under Subsection (a) of this article in the same manner as if the
454-19 inmate were participating in the program after conviction of an
454-20 offense.>
454-21 Art. 43.11. Authority for Confinement <Imprisonment>. When,
454-22 by the judgment and sentence of the court, a defendant is to be
454-23 confined <imprisoned> in jail, a certified copy of such judgment
454-24 and sentence shall be sufficient authority for the sheriff to place
454-25 such defendant in jail.
454-26 Art. 43.12. Capias for Confinement <Imprisonment>. A capias
454-27 issued for the arrest and commitment of one convicted of a
455-1 misdemeanor, the penalty of which or any part thereof is a fine
455-2 <imprisonment in jail>, shall recite the judgment and sentence and
455-3 command the sheriff to immediately bring <place> the defendant
455-4 before the court <in jail, to remain the length of time therein
455-5 fixed>; and this writ shall be sufficient to authorize the sheriff
455-6 to place the <such> defendant in jail until the defendant appears
455-7 before the court.
455-8 Art. 43.131. IMMUNITIES. (a) An individual listed in
455-9 Subsection (c) of this article and the governmental entity that the
455-10 individual serves as an officer or employee are not liable for
455-11 damages arising from an act or failure to act by the individual or
455-12 governmental entity in connection with a community service program
455-13 or work program established under this chapter if the act or
455-14 failure to act:
455-15 (1) was performed pursuant to a court order or was
455-16 otherwise performed in an official capacity; and
455-17 (2) was not performed with conscious indifference for
455-18 the safety of others.
455-19 (b) Chapter 101, Civil Practice and Remedies Code, does not
455-20 apply to a claim based on an act or a failure to act of an
455-21 individual listed in Subsection (c) of this article or a
455-22 governmental entity the officer serves as an officer or employee if
455-23 the act or failure to act is in connection with a program described
455-24 by Subsection (a) of this article.
455-25 (c) This article applies to:
455-26 (1) a director or employee of a community supervision
455-27 and corrections department or a community corrections facility;
456-1 (2) a sheriff or employee of a sheriff's department;
456-2 (3) a county judge, county commissioner, or county
456-3 employee;
456-4 (4) an officer or employee of a state agency; or
456-5 (5) an officer or employee of a political subdivision
456-6 other than a county.
456-7 SECTION 5.05. Section 3(a), Article 37.07, Code of Criminal
456-8 Procedure, is amended to read as follows:
456-9 (a) Regardless of the plea and whether the punishment be
456-10 assessed by the judge or the jury, evidence may<, as permitted by
456-11 the Rules of Evidence,> be offered by the state and the defendant
456-12 as to any matter the court deems relevant to sentencing, including
456-13 but not limited to the prior criminal record of the defendant, his
456-14 general reputation, <and> his character, an opinion regarding his
456-15 character, the circumstances of the offense for which he is being
456-16 tried, and, notwithstanding Rules 404 and 405, Texas Rules of
456-17 Criminal Evidence, any other evidence of an extraneous crime or bad
456-18 act that is shown beyond a reasonable doubt by evidence to have
456-19 been committed by the defendant or for which he could be held
456-20 criminally responsible, regardless of whether he has previously
456-21 been charged with or finally convicted of the crime or act. <The
456-22 term prior criminal record means a final conviction in a court of
456-23 record, or a probated or suspended sentence that has occurred prior
456-24 to trial, or any final conviction material to the offense charged.>
456-25 A court may consider as a factor in mitigating punishment the
456-26 conduct of a defendant while participating in a program under
456-27 Chapter 17 <Article 17.40 or 17.42(a)> of this code as a condition
457-1 of release on bail. Additionally, notwithstanding Rule 609(d),
457-2 Texas Rules of Criminal Evidence, evidence may be offered by the
457-3 state and the defendant of an adjudication of delinquency based on
457-4 a violation by the defendant of a penal law of the grade of felony
457-5 unless:
457-6 (1) the adjudication is based on conduct committed
457-7 more than five years before the commission of the offense for which
457-8 the person is being tried; and
457-9 (2) in the five years preceding the date of the
457-10 commission of the offense for which the person is being tried, the
457-11 person did not engage in conduct for which the person has been
457-12 adjudicated as a delinquent child or a child in need of supervision
457-13 and did not commit an offense for which the person has been
457-14 convicted.
457-15 SECTION 5.06. Section 3, Article 37.07, Code of Criminal
457-16 Procedure, is amended by adding Subsection (g) to read as follows:
457-17 (g) On timely request of the defendant, notice of intent to
457-18 introduce evidence under this article shall be given in the same
457-19 manner required by Rule 404(b), Texas Rules of Criminal Evidence.
457-20 If the attorney representing the state intends to introduce an
457-21 extraneous crime or bad act that has not resulted in a final
457-22 conviction in a court of record or a probated or suspended
457-23 sentence, notice of that intent is reasonable only if the notice
457-24 includes the date on which and the county in which the alleged
457-25 crime or bad act occurred and the name of the alleged victim of the
457-26 crime or bad act. The requirement under this subsection that the
457-27 attorney representing the state give notice applies only if the
458-1 defendant makes a timely request to the attorney representing the
458-2 state for the notice.
458-3 SECTION 5.07. Article 45.54, Code of Criminal Procedure, is
458-4 amended to read as follows:
458-5 Art. 45.54. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
458-6 DISPOSITION. (1) On a plea of guilty or nolo contendere by a
458-7 defendant or on a finding of guilt in a misdemeanor case punishable
458-8 by fine only and payment of all court costs, the justice may defer
458-9 further proceedings without entering an adjudication of guilt and
458-10 place the defendant on probation for a period not to exceed 180
458-11 days. This article does not apply to a misdemeanor case disposed
458-12 of by Section 143A, Uniform Act Regulating Traffic on Highways
458-13 (Article 6701d, Vernon's Texas Civil Statutes), or a serious
458-14 traffic violation as defined in Section 3(26), Texas Commercial
458-15 Driver's License Act (Article 6687b-2, Revised Statutes).
458-16 (2) During the deferral period, the justice shall require
458-17 the defendant to successfully complete a Central Education
458-18 Agency-approved driving safety course, if the offense alleged is an
458-19 offense involving the operation of a motor vehicle, other than a
458-20 commercial motor vehicle, as defined in Subdivision (6), Section 3,
458-21 Texas Commercial Driver's License Act (Article 6687b-2, Revised
458-22 Statutes), and the defendant:
458-23 (A) has completed an approved driving safety course
458-24 within the preceding 12 months; or
458-25 (B) is a first-time offender who elects deferred
458-26 adjudication.
458-27 (3) During said deferral period, the justice may require the
459-1 defendant to:
459-2 (a) post a bond in the amount of the fine assessed to
459-3 secure payment of the fine;
459-4 (b) pay restitution to the victim of the offense in an
459-5 amount not to exceed the fine assessed;
459-6 (c) submit to professional counseling; <and>
459-7 (d) comply with any other reasonable condition; and
459-8 (e) require the defendant to successfully complete a
459-9 Central Education Agency approved driving safety course, if:
459-10 (1) the offense alleged is an offense involving
459-11 the operation of a motor vehicle, other than a commercial motor
459-12 vehicle, as defined in Subdivision (6), Section 3, Texas Commercial
459-13 Driver's License Act (Article 6687b-2, Revised Statutes); and
459-14 (2) the defendant has not completed an approved
459-15 driving safety course within the preceding 12 months.
459-16 (4) At the conclusion of the deferral period, if the
459-17 defendant presents satisfactory evidence that he has complied with
459-18 the requirements imposed, the justice shall dismiss the complaint,
459-19 and it shall be clearly noted in the docket that the complaint is
459-20 dismissed and that there is not a final conviction. Otherwise, the
459-21 justice may proceed with an adjudication of guilt. After an
459-22 adjudication of guilt, the justice may reduce the fine assessed or
459-23 may then impose the fine assessed, less any portion of the assessed
459-24 fine that has been paid. If the complaint is dismissed, a special
459-25 expense not to exceed the amount of the fine assessed may be
459-26 imposed.
459-27 (5) If at the conclusion of the deferral period the
460-1 defendant does not present satisfactory evidence that the defendant
460-2 complied with the requirements imposed, the justice may impose the
460-3 fine assessed or impose a lesser fine. The imposition of the fine
460-4 or lesser fine constitutes a final conviction of the defendant.
460-5 (6) Records relating to a complaint dismissed as provided by
460-6 this article may be expunged under Article 55.01 of this code. If
460-7 a complaint is dismissed under this article, there is not a final
460-8 conviction and the complaint may not be used against the person for
460-9 any purpose.
460-10 SECTION 5.08. From the effective date of this article to
460-11 September 1, 1994, a reference in an article of the Code of
460-12 Criminal Procedure, as amended by this article, to an offense under
460-13 Chapter 49, Penal Code, shall be construed as a reference to the
460-14 offense and the punishment provision for the offense as they
460-15 existed before the effective date of Article 1 of this Act.
460-16 SECTION 5.09. (a) The change in law made by this article
460-17 applies only to an offense committed on or after the effective date
460-18 of this article. For purposes of this section, an offense is
460-19 committed before the effective date of this article if any element
460-20 of the offense occurs before the effective date.
460-21 (b) An offense committed before the effective date of this
460-22 article is covered by the law in effect when the offense was
460-23 committed, and the former law is continued in effect for that
460-24 purpose.
460-25 SECTION 5.10. This article takes effect on September 1,
460-26 1993.
460-27 ARTICLE 6
461-1 SECTION 6.01. Subsection (b), Section 8, Article 42.18, Code
461-2 of Criminal Procedure, is amended to read as follows:
461-3 (b)(1) A prisoner under sentence of death is not eligible
461-4 for parole.
461-5 (2) If a prisoner is serving a life sentence for a
461-6 capital felony, the prisoner is not eligible for release on parole
461-7 until the actual calendar time the prisoner has served, without
461-8 consideration of good conduct time, equals 40 <35> calendar years.
461-9 (3) If a prisoner is serving a sentence for the
461-10 offenses listed in Subdivision (1)(A)<(B)>, (C), <or> (D), (E), or
461-11 (F) of Section 3g(a), Article 42.12 of this code, or if the
461-12 judgment contains an affirmative finding under Subdivision (2) of
461-13 Subsection (a) of Section 3g of that article, he is not eligible
461-14 for release on parole until his actual calendar time served,
461-15 without consideration of good conduct time, equals one-half
461-16 <one-fourth> of the maximum sentence or 30 <15> calendar years,
461-17 whichever is less, but in no event shall he be eligible for release
461-18 on parole in less than two calendar years.
461-19 (4) Except as provided by Subsection (m) of this
461-20 section, all other prisoners shall be eligible for release on
461-21 parole when their calendar time served plus good conduct time
461-22 equals one-fourth of the maximum sentence imposed or 15 years,
461-23 whichever is less.
461-24 SECTION 6.02. Section 8(c), Article 42.18, Code of Criminal
461-25 Procedure, is amended to read as follows:
461-26 (c) Except as otherwise provided by this subsection, a
461-27 prisoner who is not on parole shall be released to mandatory
462-1 supervision by order of a parole panel when the calendar time he
462-2 has served plus any accrued good conduct time equal the maximum
462-3 term to which he was sentenced. A prisoner released to mandatory
462-4 supervision shall, upon release, be deemed as if released on
462-5 parole. To the extent practicable, arrangements for the prisoner's
462-6 proper employment, maintenance, and care shall be made prior to his
462-7 release to mandatory supervision. The period of mandatory
462-8 supervision shall be for a period equivalent to the maximum term
462-9 for which the prisoner was sentenced less calendar time actually
462-10 served on the sentence. The time served on mandatory supervision
462-11 is calculated as calendar time. Every prisoner while on mandatory
462-12 supervision shall remain in the legal custody of the state and
462-13 shall be amenable to conditions of supervision ordered by the
462-14 parole panel. A prisoner may not be released to mandatory
462-15 supervision if the prisoner is serving a sentence for an offense
462-16 and the judgment for the offense contains an affirmative finding
462-17 under Subdivision (2), Subsection (a), Section 3g, Article 42.12,
462-18 of this code or if the prisoner is serving a sentence for:
462-19 (1) a first degree felony under Section 19.02, Penal
462-20 Code (Murder);
462-21 (2) a capital felony under Section 19.03, Penal Code
462-22 (Capital Murder);
462-23 (3) a first degree felony or a second degree felony
462-24 under Section 20.04, Penal Code (Aggravated Kidnapping);
462-25 (4) a second degree felony under Section 22.011, Penal
462-26 Code (Sexual Assault);
462-27 (5) a second degree or first <third> degree felony
463-1 under Section 22.02, Penal Code (Aggravated Assault);
463-2 (6) a first degree felony under Section 22.021, Penal
463-3 Code (Aggravated Sexual Assault);
463-4 (7) <a first degree felony under Section 22.03, Penal
463-5 Code (Deadly Assault on Law Enforcement or Corrections Officer or
463-6 Court Participant);>
463-7 <(8)> a first degree felony under Section 22.04, Penal
463-8 Code (Injury to a Child or an Elderly Individual);
463-9 (8) <(9)> a first degree felony under Section 28.02,
463-10 Penal Code (Arson);
463-11 (9) <(10)> a second degree felony under Section 29.02,
463-12 Penal Code (Robbery);
463-13 (10) <(11)> a first degree felony under Section 29.03,
463-14 Penal Code (Aggravated Robbery); or
463-15 (11) <(12)> a first degree felony under Section 30.02,
463-16 Penal Code (Burglary), if the offense is punished under Subsection
463-17 (d)(2) or (d)(3) of that section.
463-18 SECTION 6.03. Section 7, Article 42.18, Code of Criminal
463-19 Procedure, is amended by amending Subsection (e) and adding
463-20 Subsection (g) to read as follows:
463-21 (e) Except as provided by Subsection (g) of this section, in
463-22 <In> matters of parole, release to mandatory supervision, and
463-23 revocation of parole or mandatory supervision, the board members
463-24 shall act in panels comprised of three persons in each panel. The
463-25 composition of the respective panels shall be designated by the
463-26 chairman of the board. A majority of each panel shall constitute a
463-27 quorum for the transaction of its business, and its decisions shall
464-1 be by majority vote.
464-2 (g) The board may grant parole to a person convicted of a
464-3 capital felony only on a two-thirds vote of the entire membership
464-4 of the board.
464-5 SECTION 6.04. (a) The change in law made by this article to
464-6 Article 42.18, Code of Criminal Procedure, applies only to a
464-7 defendant sentenced for an offense committed on or after the
464-8 effective date of this article. A defendant sentenced for an
464-9 offense committed before the effective date of this article is
464-10 covered by the law in effect when the offense was committed, and
464-11 the former law is continued in effect for this purpose.
464-12 (b) For the purposes of this section, an offense is
464-13 committed before the effective date of this article if any element
464-14 of the offense occurs before that date.
464-15 SECTION 6.05. This article takes effect September 1, 1993.
464-16 ARTICLE 7
464-17 SECTION 7.01. (a) Chapter 48, Code of Criminal Procedure,
464-18 is amended by adding Article 48.05 to read as follows:
464-19 Art. 48.05. RESTORATION OF CIVIL RIGHTS. (a) An individual
464-20 convicted of a federal offense other than an offense involving
464-21 violence or the threat of violence or involving drugs or firearms
464-22 may, except as provided by Subsection (b) of this article, submit
464-23 an application for restoration of any civil rights forfeited under
464-24 the laws of this state as a result of the conviction.
464-25 (b) An individual may not apply for restoration of civil
464-26 rights under this article unless:
464-27 (1) the individual has completed the sentence for the
465-1 federal offense;
465-2 (2) the conviction occurred three or more years before
465-3 the date of application; and
465-4 (3) the individual has not been convicted at any other
465-5 time of an offense under the laws of this state, another state, or
465-6 the United States.
465-7 (c) An application for restoration of civil rights must
465-8 contain:
465-9 (1) a completed application on a form adopted by the
465-10 Board of Pardons and Paroles;
465-11 (2) three or more affidavits attesting to the good
465-12 character of the applicant; and
465-13 (3) proof that the applicant has completed the
465-14 sentence for the federal offense.
465-15 (d) The applicant must submit the application to:
465-16 (1) the sheriff of the county in which the applicant
465-17 resides at the time of application or resided at the time of
465-18 conviction of the federal offense, if the individual resided in
465-19 this state at that time; or
465-20 (2) the Board of Pardons and Paroles.
465-21 (e) If an application is submitted to a sheriff, the sheriff
465-22 shall review the application and recommend to the Board of Pardons
465-23 and Paroles whether the individual's civil rights should be
465-24 restored. If the sheriff recommends restoration of the
465-25 individual's civil rights, the board may either:
465-26 (1) concur in the recommendation and forward the
465-27 recommendation to the governor; or
466-1 (2) independently review the application to determine
466-2 whether to recommend to the governor the restoration of the
466-3 individual's civil rights.
466-4 (f) If the sheriff does not recommend the restoration of the
466-5 individual's civil rights, the individual may apply directly to the
466-6 Board of Pardons and Paroles.
466-7 (g) If an application is submitted to the Board of Pardons
466-8 and Paroles without first being submitted to a sheriff, the board
466-9 shall review the application and recommend to the governor as to
466-10 whether the individual's civil rights should be restored.
466-11 (h) The Board of Pardons and Paroles may require or obtain
466-12 additional information as necessary to perform a review under
466-13 Subsection (e)(2) or Subsection (g) of this article.
466-14 (i) On receipt from the Board of Pardons and Paroles of a
466-15 recommendation to restore the civil rights of an individual, the
466-16 governor may either grant or deny the restoration of civil rights
466-17 to the individual. If the governor grants the restoration of civil
466-18 rights to the individual, the governor shall issue a certificate of
466-19 restoration of civil rights.
466-20 (j) If an application under this article is denied by the
466-21 Board of Pardons and Paroles or the governor, the individual may
466-22 not file another application under this article before the first
466-23 anniversary of the date of the denial.
466-24 (k) A restoration of civil rights under this article is a
466-25 form of pardon that restores all civil rights under the laws of
466-26 this state that an individual forfeits as a result of the
466-27 individual's conviction of a federal offense, except as
467-1 specifically provided in the certificate of restoration.
467-2 (b) Article 48.05, Code of Criminal Procedure, as added by
467-3 this article, applies to an individual convicted of a federal
467-4 offense committed before, on, or after the effective date of this
467-5 Act.
467-6 SECTION 7.02. (a) Article 55.01, Code of Criminal
467-7 Procedure, is amended to read as follows:
467-8 Art. 55.01. Right to Expunction. (a) A person who has been
467-9 arrested for commission of either a felony or misdemeanor is
467-10 entitled to have all records and files relating to the arrest
467-11 expunged if:
467-12 (1) the person is tried for the offense for which the
467-13 person was arrested and is:
467-14 (A) acquitted by the trial court; or
467-15 (B) convicted and subsequently pardoned; or
467-16 (2) each of the following conditions exist:
467-17 (A) <(1)> an indictment or information charging
467-18 him with commission of a felony has not been presented against him
467-19 for an offense arising out of the transaction for which he was
467-20 arrested or, if an indictment or information charging him with
467-21 commission of a felony was presented, it has been dismissed and the
467-22 court finds that it was dismissed because the presentment had been
467-23 made because of mistake, false information, or other similar reason
467-24 indicating absence of probable cause at the time of the dismissal
467-25 to believe the person committed the offense or because it was void;
467-26 (B) <(2)> he has been released and the charge,
467-27 if any, has not resulted in a final conviction and<,> is no longer
468-1 pending and there was no court ordered probation under Article
468-2 42.12, Code of Criminal Procedure, nor a conditional discharge
468-3 under Section 481.109, Health and Safety Code; and
468-4 (C) <(3)> he has not been convicted of a felony
468-5 in the five years preceding the date of the arrest.
468-6 (b) A district court may expunge all records and files
468-7 relating to the arrest of a person who has been arrested for
468-8 commission of a felony or misdemeanor under the procedure
468-9 established under Article 55.02 of this code if the person is:
468-10 (1) tried for the offense for which the person was
468-11 arrested;
468-12 (2) convicted of the offense; and
468-13 (3) acquitted by the court of criminal appeals.
468-14 (b) The change in law to Article 55.01, Code of Criminal
468-15 Procedure, made by this article permitting expunctions for persons
468-16 acquitted of or pardoned for offenses applies to a defendant
468-17 acquitted of or pardoned for an offense regardless of whether the
468-18 offense was committed before, on, or after the effective date of
468-19 this article.
468-20 SECTION 7.03. Chapter 38, Code of Criminal Procedure, is
468-21 amended by adding Article 38.36 to read as follows:
468-22 Art. 38.36. EVIDENCE IN PROSECUTIONS FOR MURDER. (a) In
468-23 all prosecutions for murder, the state or the defendant shall be
468-24 permitted to offer testimony as to all relevant facts and
468-25 circumstances surrounding the killing and the previous relationship
468-26 existing between the accused and the deceased, together with all
468-27 relevant facts and circumstances going to show the condition of the
469-1 mind of the accused at the time of the offense.
469-2 (b) In a prosecution for murder, if a defendant raises as a
469-3 defense a justification provided by Section 9.31, 9.32, or 9.33,
469-4 Penal Code, the defendant, in order to establish the defendant's
469-5 reasonable belief that use of force or deadly force was immediately
469-6 necessary, shall be permitted to offer:
469-7 (1) relevant evidence that the defendant had been the
469-8 victim of acts of family violence committed by the deceased, as
469-9 family violence is defined by Section 71.01, Family Code; and
469-10 (2) relevant expert testimony regarding the condition
469-11 of the mind of the defendant at the time of the offense, including
469-12 those relevant facts and circumstances relating to family violence
469-13 that are the basis of the expert's opinion.
469-14 SECTION 7.04. Section 14, Chapter 652, Acts of the 72nd
469-15 Legislature, Regular Session, 1991, is repealed.
469-16 SECTION 7.05. (a) Except as provided by Subsection (b) of
469-17 this section, this article takes effect September 1, 1993.
469-18 (b) Section 7.03 of this article takes effect September 1,
469-19 1994.
469-20 ARTICLE 8
469-21 SECTION 8.01. Article 5.05, Code of Criminal Procedure, is
469-22 amended by amending Subsection (a) and adding Subsection (e) to
469-23 read as follows:
469-24 (a) A peace officer who investigates a family violence
469-25 incident or who responds to a disturbance call that may involve
469-26 <has reason to believe that an offense involving> family violence
469-27 <has occurred> shall make a written report, including but not
470-1 limited to:
470-2 (1) the names of the suspect and complainant;
470-3 (2) the date, time, and location of the incident;
470-4 (3) any visible or reported injuries; and
470-5 (4) a description of the incident and a statement of
470-6 its disposition.
470-7 (e) A peace officer who makes a report under Subsection (a)
470-8 of this article shall provide information concerning the incident
470-9 or disturbance to the bureau of identification and records of the
470-10 Department of Public Safety for its recordkeeping function under
470-11 Section 411.042, Government Code. The bureau shall prescribe the
470-12 form and nature of the information required to be reported to the
470-13 bureau by this article.
470-14 SECTION 8.02. This article takes effect September 1, 1993.
470-15 ARTICLE 9
470-16 SECTION 9.01. Chapter 42, Code of Criminal Procedure, is
470-17 amended by adding Article 42.013 to read as follows:
470-18 Art. 42.013. FINDING OF FAMILY VIOLENCE. In the trial of an
470-19 offense under Title 5, Penal Code, if the court determines that the
470-20 offense involved family violence, as defined by Section 71.01,
470-21 Family Code, the court shall make an affirmative finding of that
470-22 fact and enter the affirmative finding in the judgment of the case.
470-23 SECTION 9.02. Article 42.01, Code of Criminal Procedure, is
470-24 amended by adding Section 5 to read as follows:
470-25 Sec. 5. In addition to the information described by Section
470-26 1 of this article, the judgment should reflect affirmative findings
470-27 entered pursuant to Article 42.013 of this code.
471-1 SECTION 9.03. This article takes effect September 1, 1993.
471-2 ARTICLE 10
471-3 SECTION 10.01. Article 24.03, Code of Criminal Procedure, is
471-4 amended to read as follows:
471-5 Art. 24.03. SUBPOENA AND APPLICATION THEREFOR. (a) Before
471-6 the clerk or his deputy shall be required or permitted to issue a
471-7 subpoena in any felony case pending in any district or criminal
471-8 district court of this State of which he is clerk or deputy, the
471-9 defendant or his attorney or the State's attorney shall make
471-10 written, sworn application to such clerk for each witness desired.
471-11 Such application shall state the name of each witness desired, the
471-12 location and vocation, if known, and that the testimony of said
471-13 witness is material to the State or to the defense. The
471-14 application must be filed with the clerk and placed with the papers
471-15 in the cause and made available to both the State and the
471-16 defendant. Except as provided by Subsection (b) of this article,
471-17 as <As> far as is practical such clerk shall include in one
471-18 subpoena the names of all witnesses for the State and for
471-19 defendant, and such process shall show that the witnesses are
471-20 summoned for the State or for the defendant. When a witness has
471-21 been served with a subpoena, attached or placed under bail at the
471-22 instance of either party in a particular case, such execution of
471-23 process shall inure to the benefit of the opposite party in such
471-24 case in the event such opposite party desires to use such witness
471-25 on the trial of the case, provided that when a witness has once
471-26 been served with a subpoena, no further subpoena shall be issued
471-27 for said witness.
472-1 (b) If the defendant is a member of a combination as defined
472-2 by Section 71.01, Penal Code, the clerk shall issue for each
472-3 witness a subpoena that does not include a list of the names of all
472-4 other witnesses for the State or the defendant.
472-5 SECTION 10.02. This article takes effect September 1, 1993.
472-6 ARTICLE 11
472-7 SECTION 11.01. Chapter 40, Code of Criminal Procedure, is
472-8 amended by adding Article 40.001 to read as follows:
472-9 Art. 40.001. NEW TRIAL ON MATERIAL EVIDENCE. A new trial
472-10 shall be granted an accused where material evidence favorable to
472-11 the accused has been discovered since trial.
472-12 SECTION 11.02. Under the terms of Section 22.108(b),
472-13 Government Code, Rule 30(b)(6), Texas Rules of Appellate Procedure,
472-14 is disapproved.
472-15 SECTION 11.03. The rulemaking authority granted to the court
472-16 of criminal appeals under Section 22.108, Government Code, is
472-17 withdrawn with respect to rules of appellate procedure relating to
472-18 granting a new trial on the grounds of evidence other than material
472-19 evidence discovered after the trial of an offense.
472-20 SECTION 11.04. (a) The change in law made by this article
472-21 applies only to a new trial for an offense committed on or after
472-22 the effective date of this article. For purposes of this section,
472-23 an offense is committed before the effective date of this article
472-24 if any element of the offense occurs before the effective date.
472-25 (b) A new trial for an offense committed before the
472-26 effective date of this article is covered by the law in effect when
472-27 the offense was committed, and the former law is continued in
473-1 effect for this purpose.
473-2 SECTION 11.05. This article takes effect September 1, 1993.
473-3 ARTICLE 12
473-4 SECTION 12.01. Article 38.07, Code of Criminal Procedure, is
473-5 amended to read as follows:
473-6 Art. 38.07. TESTIMONY IN CORROBORATION OF VICTIM OF SEXUAL
473-7 OFFENSE. A conviction under Chapter 21, Section 22.011, or Section
473-8 22.021, Penal Code, is supportable on the uncorroborated testimony
473-9 of the victim of the sexual offense if the victim informed any
473-10 person, other than the defendant, of the alleged offense within one
473-11 year <six months> after the date on which the offense is alleged to
473-12 have occurred. The requirement that the victim inform another
473-13 person of an alleged offense does not apply if the victim was
473-14 younger than 18 <14> years of age at the time of the alleged
473-15 offense. <The court shall instruct the jury that the time which
473-16 lapsed between the alleged offense and the time it was reported
473-17 shall be considered by the jury only for the purpose of assessing
473-18 the weight to be given to the testimony of the victim.>
473-19 SECTION 12.02. This article takes effect September 1, 1993.
473-20 ARTICLE 13
473-21 SECTION 13.01. Notwithstanding any provision of this Act
473-22 establishing an effective date for an article of this Act, this Act
473-23 takes effect only if Senate Bill No. 532, Acts of the 73rd
473-24 Legislature, Regular Session, 1993, takes effect. If Senate Bill
473-25 No. 532 does not take effect, this Act has no effect.
473-26 SECTION 13.02. (a) Except as provided by Subsection (c) of
473-27 this section, an amendment to any provision of the Penal Code made
474-1 by another Act of the 73rd Legislature, Regular Session, 1993, an
474-2 amendment in another Act to a provision of Article 6701l-1, Revised
474-3 Statutes, or an amendment in another Act to a provision of the
474-4 Health and Safety Code also amended by this Act, applies only to an
474-5 offense committed under the provision on or after the effective
474-6 date of the other Act and before September 1, 1994. The amendment
474-7 made by the other Act continues in effect only for the limited
474-8 purpose of the prosecution of an offense committed before September
474-9 1, 1994.
474-10 (b) For purposes of this section, an offense is committed
474-11 before September 1, 1994, if all elements of the offense occur
474-12 before that date.
474-13 (c) If House Bill No. 354, 73rd Legislature, Regular
474-14 Session, 1993, is enacted and becomes law, the amendments made to
474-15 the Penal Code by that Act continue in effect on and after
474-16 September 1, 1994. If Senate Bill No. 456, 73rd Legislature,
474-17 Regular Session, 1993, is enacted and becomes law, the amendments
474-18 made to the Penal Code by that Act continue in effect on and after
474-19 September 1, 1994.
474-20 SECTION 13.03. The importance of this legislation and the
474-21 crowded condition of the calendars in both houses create an
474-22 emergency and an imperative public necessity that the
474-23 constitutional rule requiring bills to be read on three several
474-24 days in each house be suspended, and this rule is hereby suspended.