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.