By: Whitmire S.B. No. 1067
73R6353 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the sentencing policy of the state and to offenses and
1-3 punishments under the Penal Code, to offenses and punishments
1-4 involving certain prohibited or dangerous substances, to the
1-5 applicability of community corrections programs to persons charged
1-6 with or convicted of certain of those offenses and to the effect of
1-7 certain convictions, and to the civil consequences of certain
1-8 offenses involving intoxication; providing conforming amendments.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 ARTICLE 1
1-11 SECTION 1.01. The Penal Code is amended to read as follows:
1-12 TITLE 1. INTRODUCTORY PROVISIONS
1-13 CHAPTER 1. GENERAL PROVISIONS
1-14 Sec. 1.01. SHORT TITLE. This code shall be known and may be
1-15 cited as the Penal Code.
1-16 Sec. 1.02. Objectives of Code. The general purposes of this
1-17 code are to establish a system of prohibitions, penalties, and
1-18 correctional measures to deal with conduct that unjustifiably and
1-19 inexcusably causes or threatens harm to those individual or public
1-20 interests for which state protection is appropriate. To this end,
1-21 the provisions of this code are intended, and shall be construed,
1-22 to achieve the following objectives:
1-23 (1) to insure the public safety through:
1-24 (A) the deterrent influence of the penalties
2-1 hereinafter provided;
2-2 (B) the rehabilitation of those convicted of
2-3 violations of this code; and
2-4 (C) such punishment as may be necessary to
2-5 prevent likely recurrence of criminal behavior;
2-6 (2) by definition and grading of offenses to give fair
2-7 warning of what is prohibited and of the consequences of violation;
2-8 (3) to prescribe penalties that are proportionate to
2-9 the seriousness of offenses and that permit recognition of
2-10 differences in rehabilitation possibilities among individual
2-11 offenders;
2-12 (4) to safeguard conduct that is without guilt from
2-13 condemnation as criminal;
2-14 (5) to guide and limit the exercise of official
2-15 discretion in law enforcement to prevent arbitrary or oppressive
2-16 treatment of persons suspected, accused, or convicted of offenses;
2-17 and
2-18 (6) to define the scope of state interest in law
2-19 enforcement against specific offenses and to systematize the
2-20 exercise of state criminal jurisdiction.
2-21 Sec. 1.03. Effect of Code. (a) Conduct does not constitute
2-22 an offense unless it is defined as an offense by statute, municipal
2-23 ordinance, order of a county commissioners court, or rule
2-24 authorized by and lawfully adopted under a statute.
2-25 (b) The provisions of Titles 1, 2, and 3 <of this code>
2-26 apply to offenses defined by other laws, unless the statute
2-27 defining the offense provides otherwise; however, the punishment
3-1 affixed to an offense defined outside this code shall be applicable
3-2 unless the punishment is classified in accordance with this code.
3-3 (c) This code does not bar, suspend, or otherwise affect a
3-4 right or liability to damages, penalty, forfeiture, or other remedy
3-5 authorized by law to be recovered or enforced in a civil suit for
3-6 conduct this code defines as an offense, and the civil injury is
3-7 not merged in the offense.
3-8 Sec. 1.04. Territorial Jurisdiction. (a) This state has
3-9 jurisdiction over an offense that a person commits by his own
3-10 conduct or the conduct of another for which he is criminally
3-11 responsible if:
3-12 (1) either the conduct or a result that is an element
3-13 of the offense occurs inside this state;
3-14 (2) the conduct outside this state constitutes an
3-15 attempt to commit an offense inside this state;
3-16 (3) the conduct outside this state constitutes a
3-17 conspiracy to commit an offense inside this state, and an act in
3-18 furtherance of the conspiracy occurs inside this state; or
3-19 (4) the conduct inside this state constitutes an
3-20 attempt, solicitation, or conspiracy to commit, or establishes
3-21 criminal responsibility for the commission of, an offense in
3-22 another jurisdiction that is also an offense under the laws of this
3-23 state.
3-24 (b) If the offense is criminal homicide, a "result" is
3-25 either the physical impact causing death or the death itself. If
3-26 the body of a criminal homicide victim is found in this state, it
3-27 is presumed that the death occurred in this state. If death alone
4-1 is the basis for jurisdiction, it is a defense to the exercise of
4-2 jurisdiction by this state that the conduct that constitutes the
4-3 offense is not made criminal in the jurisdiction where the conduct
4-4 occurred.
4-5 (c) An offense based on an omission to perform a duty
4-6 imposed on an actor by a statute of this state is committed inside
4-7 this state regardless of the location of the actor at the time of
4-8 the offense.
4-9 (d) This state includes the land and water <(>and the air
4-10 space above the land and water<)> over which this state has power
4-11 to define offenses.
4-12 Sec. 1.05. Construction of Code. (a) The rule that a penal
4-13 statute is to be strictly construed does not apply to this code.
4-14 The provisions of this code shall be construed according to the
4-15 fair import of their terms, to promote justice and effect the
4-16 objectives of the code.
4-17 (b) Unless a different construction is required by the
4-18 context, Sections 311.011, 311.012, 311.014, 311.015, and 311.021
4-19 through 311.032 of <the Code Construction Act (>Chapter 311,
4-20 Government Code (Code Construction Act), apply to the construction
4-21 of this code.
4-22 (c) In this code:
4-23 (1) a reference to a title, chapter, or section
4-24 without further identification is a reference to a title, chapter,
4-25 or section of this code; and
4-26 (2) a reference to a subchapter, subsection,
4-27 subdivision, paragraph, or other numbered or lettered unit without
5-1 further identification is a reference to a unit of the next-larger
5-2 unit of this code in which the reference appears.
5-3 Sec. 1.06. Computation of Age. A person attains a specified
5-4 age on the day of the anniversary of his birthdate.
5-5 Sec. 1.07. Definitions. (a) In this code:
5-6 (1) "Act" means a bodily movement, whether voluntary
5-7 or involuntary, and includes speech.
5-8 (2) "Actor" <"Suspect"> means a person whose criminal
5-9 responsibility is in issue in a criminal action. Whenever the term
5-10 "suspect" <"actor"> is used in this code, it means "actor."
5-11 <"suspect.">
5-12 (3) "Agency" includes authority, board, bureau,
5-13 commission, committee, council, department, district, division, and
5-14 office.
5-15 (4) "Alcoholic beverage" has the meaning assigned by
5-16 Section 1.04, Alcoholic Beverage Code.
5-17 (5) <(4)> "Another" means a person other than the
5-18 actor.
5-19 (6) <(5)> "Association" means a government or
5-20 governmental subdivision or agency, trust, partnership, or two or
5-21 more persons having a joint or common economic interest.
5-22 (7) <(6)> "Benefit" means anything reasonably regarded
5-23 as economic gain or advantage, including benefit to any other
5-24 person in whose welfare the beneficiary is interested.
5-25 (8) <(7)> "Bodily injury" means physical pain,
5-26 illness, or any impairment of physical condition.
5-27 (9) "Community supervision" means the placement of a
6-1 defendant by a court under a continuum of programs and sanctions
6-2 with conditions imposed by the court for a specified period.
6-3 (10) <(8)> "Conduct" means an act or omission and its
6-4 accompanying mental state.
6-5 (11) <(9)> "Consent" means assent in fact, whether
6-6 express or apparent.
6-7 (12) "Controlled substance" has the meaning assigned
6-8 by Section 481.002, Health and Safety Code.
6-9 (13) <(9.1)> "Corporation" includes nonprofit
6-10 corporations, professional associations created pursuant to
6-11 statute, and joint stock companies.
6-12 (14) "Correctional facility" means a place designated
6-13 by law for the confinement of a person arrested for, charged with,
6-14 or convicted of a criminal offense. The term includes:
6-15 (A) a municipal or county jail;
6-16 (B) a confinement facility operated by the Texas
6-17 Department of Criminal Justice;
6-18 (C) a confinement facility operated under
6-19 contract with any division of the Texas Department of Criminal
6-20 Justice; and
6-21 (D) a community corrections facility operated by
6-22 a community supervision and corrections department.
6-23 (15) <(10)> "Criminal negligence" is defined in
6-24 Section 6.03 <of this code> (Culpable Mental States).
6-25 (16) "Dangerous drug" has the meaning assigned by
6-26 Section 483.001, Health and Safety Code.
6-27 (17) <(11)> "Deadly weapon" means:
7-1 (A) a firearm or anything manifestly designed,
7-2 made, or adapted for the purpose of inflicting death or serious
7-3 bodily injury; or
7-4 (B) anything that in the manner of its use or
7-5 intended use is capable of causing death or serious bodily injury.
7-6 (18) "Drug" has the meaning assigned by Section
7-7 481.002, Health and Safety Code.
7-8 (19) <(12)> "Effective consent" includes consent by a
7-9 person legally authorized to act for the owner. Consent is not
7-10 effective if:
7-11 (A) induced by force, threat, or fraud;
7-12 (B) given by a person the actor knows is not
7-13 legally authorized to act for the owner;
7-14 (C) given by a person who by reason of youth,
7-15 mental disease or defect, or intoxication is known by the actor to
7-16 be unable to make reasonable decisions; or
7-17 (D) given solely to detect the commission of an
7-18 offense.
7-19 (20) "Electric generating plant" means a facility that
7-20 generates electric energy for distribution to the public.
7-21 (21) "Electric utility substation" means a facility
7-22 used to switch or change voltage in connection with the
7-23 transmission of electric energy for distribution to the public.
7-24 (22) <(13)> "Element of offense" means:
7-25 (A) the forbidden conduct;
7-26 (B) the required culpability;
7-27 (C) any required result; and
8-1 (D) the negation of any exception to the
8-2 offense.
8-3 (23) <(14)> "Felony" means an offense so designated by
8-4 law or punishable by death or confinement in a penitentiary.
8-5 (24) <(15)> "Government" means:
8-6 (A) the state;
8-7 (B) a county, municipality, or political
8-8 subdivision of the state; or
8-9 (C) any branch or agency of the state, a county,
8-10 municipality, or political subdivision.
8-11 (25) <(16)> "Harm" means anything reasonably regarded
8-12 as loss, disadvantage, or injury, including harm to another person
8-13 in whose welfare the person affected is interested.
8-14 (26) <(17)> "Individual" means a human being who has
8-15 been born and is alive.
8-16 (27) "Institutional division" means the institutional
8-17 division of the Texas Department of Criminal Justice.
8-18 (28) <(18)> "Intentional" is defined in Section 6.03
8-19 <of this code> (Culpable Mental States).
8-20 (29) <(19)> "Knowing" is defined in Section 6.03 <of
8-21 this code> (Culpable Mental States).
8-22 (30) <(20)> "Law" means the constitution or a statute
8-23 of this state or of the United States, a written opinion of a court
8-24 of record, a municipal ordinance, an order of a county
8-25 commissioners court, or a rule authorized by and lawfully adopted
8-26 under a statute.
8-27 (31) <(21)> "Misdemeanor" means an offense so
9-1 designated by law or punishable by fine, by confinement in jail, or
9-2 by both fine and confinement in jail.
9-3 (32) <(22)> "Oath" includes affirmation.
9-4 (33) <(23)> "Omission" means failure to act.
9-5 (34) <(24)> "Owner" means a person who:
9-6 (A) has title to the property, possession of the
9-7 property, whether lawful or not, or a greater right to possession
9-8 of the property than the actor; or
9-9 (B) is a holder in due course of a negotiable
9-10 instrument.
9-11 (35) "Participant in a court proceeding" means a
9-12 judge, a prosecuting attorney or an assistant prosecuting attorney
9-13 who represents the state, a grand juror, a party in a court
9-14 proceeding, an attorney representing a party, a witness, or a
9-15 juror.
9-16 (36) <(25)> "Peace officer" means a person elected,
9-17 employed, or appointed as a peace officer under Article 2.12, Code
9-18 of Criminal Procedure, Section 51.212 or 51.214, Education Code, or
9-19 other law.
9-20 (37) <(26) "Penal institution" means a place
9-21 designated by law for confinement of persons arrested for, charged
9-22 with, or convicted of an offense.>
9-23 <(27)> "Person" means an individual, corporation, or
9-24 association.
9-25 (38) <(28)> "Possession" means actual care, custody,
9-26 control, or management.
9-27 (39) <(29)> "Public place" means any place to which
10-1 the public or a substantial group of the public has access and
10-2 includes, but is not limited to, streets, highways, and the common
10-3 areas of schools, hospitals, apartment houses, office buildings,
10-4 transport facilities, and shops.
10-5 (40) <(30)> "Public servant" means a person elected,
10-6 selected, appointed, employed, or otherwise designated as one of
10-7 the following, even if he has not yet qualified for office or
10-8 assumed his duties:
10-9 (A) an officer, employee, or agent of
10-10 government;
10-11 (B) a juror or grand juror; or
10-12 (C) an arbitrator, referee, or other person who
10-13 is authorized by law or private written agreement to hear or
10-14 determine a cause or controversy; or
10-15 (D) an attorney at law or notary public when
10-16 participating in the performance of a governmental function; or
10-17 (E) a candidate for nomination or election to
10-18 public office; or
10-19 (F) a person who is performing a governmental
10-20 function under a claim of right although he is not legally
10-21 qualified to do so.
10-22 (41) <(31)> "Reasonable belief" means a belief that
10-23 would be held by an ordinary and prudent man in the same
10-24 circumstances as the actor.
10-25 (42) <(32)> "Reckless" is defined in Section 6.03 <of
10-26 this code> (Culpable Mental States).
10-27 (43) <(33)> "Rule" includes regulation.
11-1 (44) "Secure correctional facility" means:
11-2 (A) a municipal or county jail;
11-3 (B) a prison unit operated by the institutional
11-4 division other than a trusty camp; or
11-5 (C) a prison unit operated under a contract with
11-6 the institutional division.
11-7 (45) <(34)> "Serious bodily injury" means bodily
11-8 injury that creates a substantial risk of death or that causes
11-9 death, serious permanent disfigurement, or protracted loss or
11-10 impairment of the function of any bodily member or organ.
11-11 (46) <(35)> "Swear" includes affirm.
11-12 (47) <(36)> "Unlawful" means criminal or tortious or
11-13 both and includes what would be criminal or tortious but for a
11-14 defense not amounting to justification or privilege.
11-15 <(37) "Electric generating plant" means a facility
11-16 that generates electric energy for distribution to the public.>
11-17 <(38) "Electric utility substation" means a facility
11-18 used to switch or change voltage in connection with the
11-19 transmission of electric energy for distribution to the public.>
11-20 <(40) "Participant in a court proceeding" means a
11-21 judge, a prosecuting attorney or an assistant prosecuting attorney
11-22 who represents the state, a grand juror, a party in a court
11-23 proceeding, an attorney representing a party, a witness, or a
11-24 juror.>
11-25 (b) The definition of a term in this code applies to each
11-26 grammatical variation of the term.
11-27 Sec. 1.08. PREEMPTION. No governmental subdivision or
12-1 agency may enact or enforce a law that makes any conduct covered by
12-2 this code an offense subject to a criminal penalty. This section
12-3 shall apply only as long as the law governing the conduct
12-4 proscribed by this code is legally enforceable.
12-5 CHAPTER 2. BURDEN OF PROOF
12-6 Sec. 2.01. PROOF BEYOND A REASONABLE DOUBT. All persons are
12-7 presumed to be innocent and no person may be convicted of an
12-8 offense unless each element of the offense is proved beyond a
12-9 reasonable doubt. The fact that he has been arrested, confined, or
12-10 indicted for, or otherwise charged with, the offense gives rise to
12-11 no inference of guilt at his trial.
12-12 Sec. 2.02. EXCEPTION. (a) An exception to an offense in
12-13 this code is so labeled by the phrase: "It is an exception to the
12-14 application of . . . ."
12-15 (b) The prosecuting attorney must negate the existence of an
12-16 exception in the accusation charging commission of the offense and
12-17 prove beyond a reasonable doubt that the defendant or defendant's
12-18 conduct does not fall within the exception.
12-19 (c) This section does not affect exceptions applicable to
12-20 offenses enacted prior to the effective date of this code.
12-21 Sec. 2.03. DEFENSE. (a) A defense to prosecution for an
12-22 offense in this code is so labeled by the phrase: "It is a defense
12-23 to prosecution . . . ."
12-24 (b) The prosecuting attorney is not required to negate the
12-25 existence of a defense in the accusation charging commission of the
12-26 offense.
12-27 (c) The issue of the existence of a defense is not submitted
13-1 to the jury unless evidence is admitted supporting the defense.
13-2 (d) If the issue of the existence of a defense is submitted
13-3 to the jury, the court shall charge that a reasonable doubt on the
13-4 issue requires that the defendant be acquitted.
13-5 (e) A ground of defense in a penal law that is not plainly
13-6 labeled in accordance with this chapter has the procedural and
13-7 evidentiary consequences of a defense.
13-8 Sec. 2.04. AFFIRMATIVE DEFENSE. (a) An affirmative defense
13-9 in this code is so labeled by the phrase: "It is an affirmative
13-10 defense to prosecution . . . ."
13-11 (b) The prosecuting attorney is not required to negate the
13-12 existence of an affirmative defense in the accusation charging
13-13 commission of the offense.
13-14 (c) The issue of the existence of an affirmative defense is
13-15 not submitted to the jury unless evidence is admitted supporting
13-16 the defense.
13-17 (d) If the issue of the existence of an affirmative defense
13-18 is submitted to the jury, the court shall charge that the defendant
13-19 must prove the affirmative defense by a preponderance of evidence.
13-20 Sec. 2.05. PRESUMPTION. When this code or another penal law
13-21 establishes a presumption with respect to any fact, it has the
13-22 following consequences:
13-23 (1) if there is sufficient evidence of the facts that
13-24 give rise to the presumption, the issue of the existence of the
13-25 presumed fact must be submitted to the jury, unless the court is
13-26 satisfied that the evidence as a whole clearly precludes a finding
13-27 beyond a reasonable doubt of the presumed fact; and
14-1 (2) if the existence of the presumed fact is submitted
14-2 to the jury, the court shall charge the jury, in terms of the
14-3 presumption and the specific element to which it applies, as
14-4 follows:
14-5 (A) that the facts giving rise to the
14-6 presumption must be proven beyond a reasonable doubt;
14-7 (B) that if such facts are proven beyond a
14-8 reasonable doubt the jury may find that the element of the offense
14-9 sought to be presumed exists, but it is not bound to so find;
14-10 (C) that even though the jury may find the
14-11 existence of such element, the state must prove beyond a reasonable
14-12 doubt each of the other elements of the offense charged; and
14-13 (D) if the jury has a reasonable doubt as to the
14-14 existence of a fact or facts giving rise to the presumption, the
14-15 presumption fails and the jury shall not consider the presumption
14-16 for any purpose.
14-17 CHAPTER 3. MULTIPLE PROSECUTIONS
14-18 Sec. 3.01. DEFINITION. In this chapter, "criminal episode"
14-19 means the commission of two or more offenses, regardless of whether
14-20 the harm is directed toward or inflicted upon more than one person
14-21 or item of property, under the following circumstances:
14-22 (1) the offenses are committed pursuant to the same
14-23 transaction or pursuant to two or more transactions that are
14-24 connected or constitute a common scheme or plan; or
14-25 (2) the offenses are the repeated commission of the
14-26 same or similar offenses.
14-27 Sec. 3.02. CONSOLIDATION AND JOINDER OF PROSECUTIONS. (a)
15-1 A defendant may be prosecuted in a single criminal action for all
15-2 offenses arising out of the same criminal episode.
15-3 (b) When a single criminal action is based on more than one
15-4 charging instrument within the jurisdiction of the trial court, the
15-5 state shall file written notice of the action not less than 30 days
15-6 prior to the trial.
15-7 (c) If a judgment of guilt is reversed, set aside, or
15-8 vacated, and a new trial ordered, the state may not prosecute in a
15-9 single criminal action in the new trial any offense not joined in
15-10 the former prosecution unless evidence to establish probable guilt
15-11 for that offense was not known to the appropriate prosecuting
15-12 official at the time the first prosecution commenced.
15-13 Sec. 3.03. Sentences for Offenses Arising Out of Same
15-14 Criminal Episode. When the accused is found guilty of more than
15-15 one offense arising out of the same criminal episode prosecuted in
15-16 a single criminal action, sentence for each offense for which he
15-17 has been found guilty shall be pronounced. Such sentences shall
15-18 run concurrently.
15-19 Sec. 3.04. Severance. (a) Whenever two or more offenses
15-20 have been consolidated or joined for trial under Section 3.02 <of
15-21 this code>, the defendant shall have a right to a severance of the
15-22 offenses.
15-23 (b) In the event of severance under this section, the
15-24 provisions of Section 3.03 <of this code> do not apply, and the
15-25 court in its discretion may order the sentences to run either
15-26 concurrently or consecutively.
15-27 TITLE 2. GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY
16-1 CHAPTER 6. CULPABILITY GENERALLY
16-2 Sec. 6.01. Requirement of Voluntary Act or Omission. (a) A
16-3 person commits an offense only if he voluntarily engages in
16-4 conduct, including an act, an omission, or possession.
16-5 (b) Possession is a voluntary act if the possessor knowingly
16-6 obtains or receives the thing possessed or is aware of his control
16-7 of the thing for a sufficient time to permit him to terminate his
16-8 control.
16-9 (c) A person who omits to perform an act does not commit an
16-10 offense unless a statute provides that the omission is an offense
16-11 or otherwise provides that he has a duty to perform the act.
16-12 Sec. 6.02. Requirement of Culpability. (a) Except as
16-13 provided in Subsection (b) <of this section>, a person does not
16-14 commit an offense unless he intentionally, knowingly, recklessly,
16-15 or with criminal negligence engages in conduct as the definition of
16-16 the offense requires.
16-17 (b) If the definition of an offense does not prescribe a
16-18 culpable mental state, a culpable mental state is nevertheless
16-19 required unless the definition plainly dispenses with any mental
16-20 element.
16-21 (c) If the definition of an offense does not prescribe a
16-22 culpable mental state, but one is nevertheless required under
16-23 Subsection (b) <of this section>, intent, knowledge, or
16-24 recklessness suffices to establish criminal responsibility.
16-25 (d) Culpable mental states are classified according to
16-26 relative degrees, from highest to lowest, as follows:
16-27 (1) intentional;
17-1 (2) knowing;
17-2 (3) reckless;
17-3 (4) criminal negligence.
17-4 (e) Proof of a higher degree of culpability than that
17-5 charged constitutes proof of the culpability charged.
17-6 Sec. 6.03. Definitions of Culpable Mental States. (a) A
17-7 person acts intentionally, or with intent, with respect to the
17-8 nature of his conduct or to a result of his conduct when it is his
17-9 conscious objective or desire to engage in the conduct or cause the
17-10 result.
17-11 (b) A person acts knowingly, or with knowledge, with respect
17-12 to the nature of his conduct or to circumstances surrounding his
17-13 conduct when he is aware of the nature of his conduct or that the
17-14 circumstances exist. A person acts knowingly, or with knowledge,
17-15 with respect to a result of his conduct when he is aware that his
17-16 conduct is reasonably certain to cause the result.
17-17 (c) A person acts recklessly, or is reckless, with respect
17-18 to circumstances surrounding his conduct or the result of his
17-19 conduct when he is aware of but consciously disregards a
17-20 substantial and unjustifiable risk that the circumstances exist or
17-21 the result will occur. The risk must be of such a nature and
17-22 degree that its disregard constitutes a gross deviation from the
17-23 standard of care that an ordinary person would exercise under all
17-24 the circumstances as viewed from the actor's standpoint.
17-25 (d) A person acts with criminal negligence, or is criminally
17-26 negligent, with respect to circumstances surrounding his conduct or
17-27 the result of his conduct when he ought to be aware of a
18-1 substantial and unjustifiable risk that the circumstances exist or
18-2 the result will occur. The risk must be of such a nature and
18-3 degree that the failure to perceive it constitutes a gross
18-4 deviation from the standard of care that an ordinary person would
18-5 exercise under all the circumstances as viewed from the actor's
18-6 standpoint.
18-7 Sec. 6.04. Causation: Conduct and Results. (a) A person
18-8 is criminally responsible if the result would not have occurred but
18-9 for his conduct, operating either alone or concurrently with
18-10 another cause, unless the concurrent cause was clearly sufficient
18-11 to produce the result and the conduct of the actor clearly
18-12 insufficient.
18-13 (b) A person is nevertheless criminally responsible for
18-14 causing a result if the only difference between what actually
18-15 occurred and what he desired, contemplated, or risked is that:
18-16 (1) a different offense was committed; or
18-17 (2) a different person or property was injured,
18-18 harmed, or otherwise affected.
18-19 CHAPTER 7. CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER
18-20 SUBCHAPTER A. COMPLICITY
18-21 Sec. 7.01. Parties to Offenses. (a) A person is criminally
18-22 responsible as a party to an offense if the offense is committed by
18-23 his own conduct, by the conduct of another for which he is
18-24 criminally responsible, or by both.
18-25 (b) Each party to an offense may be charged with commission
18-26 of the offense.
18-27 (c) All traditional distinctions between accomplices and
19-1 principals are abolished by this section, and each party to an
19-2 offense may be charged and convicted without alleging that he acted
19-3 as a principal or accomplice.
19-4 Sec. 7.02. Criminal Responsibility for Conduct of Another.
19-5 (a) A person is criminally responsible for an offense committed by
19-6 the conduct of another if:
19-7 (1) acting with the kind of culpability required for
19-8 the offense, he causes or aids an innocent or nonresponsible person
19-9 to engage in conduct prohibited by the definition of the offense;
19-10 (2) acting with intent to promote or assist the
19-11 commission of the offense, he solicits, encourages, directs, aids,
19-12 or attempts to aid the other person to commit the offense; or
19-13 (3) having a legal duty to prevent commission of the
19-14 offense and acting with intent to promote or assist its commission,
19-15 he fails to make a reasonable effort to prevent commission of the
19-16 offense.
19-17 (b) If, in the attempt to carry out a conspiracy to commit
19-18 one felony, another felony is committed by one of the conspirators,
19-19 all conspirators are guilty of the felony actually committed,
19-20 though having no intent to commit it, if the offense was committed
19-21 in furtherance of the unlawful purpose and was one that should have
19-22 been anticipated as a result of the carrying out of the conspiracy.
19-23 Sec. 7.03. Defenses Excluded. In a prosecution in which an
19-24 actor's criminal responsibility is based on the conduct of another,
19-25 the actor may be convicted on proof of commission of the offense
19-26 and that he was a party to its commission, and it is no defense:
19-27 (1) that the actor belongs to a class of persons that
20-1 by definition of the offense is legally incapable of committing the
20-2 offense in an individual capacity; or
20-3 (2) that the person for whose conduct the actor is
20-4 criminally responsible has been acquitted, has not been prosecuted
20-5 or convicted, has been convicted of a different offense or of a
20-6 different type or class of offense, or is immune from prosecution.
20-7 (Sections 7.04-7.20 reserved for expansion)
20-8 SUBCHAPTER B. CORPORATIONS AND ASSOCIATIONS
20-9 Sec. 7.21. Definitions. In this subchapter:
20-10 (1) "Agent" means a director, officer, employee, or
20-11 other person authorized to act in behalf of a corporation or
20-12 association.
20-13 (2) "High managerial agent" means:
20-14 (A) a partner in a partnership;
20-15 (B) an officer of a corporation or association;
20-16 (C) an agent of a corporation or association who
20-17 has duties of such responsibility that his conduct reasonably may
20-18 be assumed to represent the policy of the corporation or
20-19 association.
20-20 Sec. 7.22. Criminal Responsibility of Corporation or
20-21 Association. (a) If conduct constituting an offense is performed
20-22 by an agent acting in behalf of a corporation or association and
20-23 within the scope of his office or employment, the corporation or
20-24 association is criminally responsible for an offense defined:
20-25 (1) in this code where corporations and associations
20-26 are made subject thereto;
20-27 (2) by law other than this code in which a legislative
21-1 purpose to impose criminal responsibility on corporations or
21-2 associations plainly appears; or
21-3 (3) by law other than this code for which strict
21-4 liability is imposed, unless a legislative purpose not to impose
21-5 criminal responsibility on corporations or associations plainly
21-6 appears.
21-7 (b) A corporation or association is criminally responsible
21-8 for a felony offense only if its commission was authorized,
21-9 requested, commanded, performed, or recklessly tolerated by:
21-10 (1) a majority of the governing board acting in behalf
21-11 of the corporation or association; or
21-12 (2) a high managerial agent acting in behalf of the
21-13 corporation or association and within the scope of his office or
21-14 employment.
21-15 Sec. 7.23. Criminal Responsibility of Person for Conduct in
21-16 Behalf of Corporation or Association. (a) An individual is
21-17 criminally responsible for conduct that he performs in the name of
21-18 or in behalf of a corporation or association to the same extent as
21-19 if the conduct were performed in his own name or behalf.
21-20 (b) An agent having primary responsibility for the discharge
21-21 of a duty to act imposed by law on a corporation or association is
21-22 criminally responsible for omission to discharge the duty to the
21-23 same extent as if the duty were imposed by law directly on him.
21-24 (c) If an individual is convicted of conduct constituting an
21-25 offense performed in the name of or on behalf of a corporation or
21-26 association, he is subject to the sentence authorized by law for an
21-27 individual convicted of the offense.
22-1 Sec. 7.24. Defense to Criminal Responsibility of Corporation
22-2 or Association. It is an affirmative defense to prosecution of a
22-3 corporation or association under Section 7.22(a)(1) or (a)(2) <of
22-4 this code> that the high managerial agent having supervisory
22-5 responsibility over the subject matter of the offense employed due
22-6 diligence to prevent its commission.
22-7 CHAPTER 8. GENERAL DEFENSES TO CRIMINAL RESPONSIBILITY
22-8 Sec. 8.01. INSANITY. (a) It is an affirmative defense to
22-9 prosecution that, at the time of the conduct charged, the actor, as
22-10 a result of severe mental disease or defect, did not know that his
22-11 conduct was wrong.
22-12 (b) The term "mental disease or defect" does not include an
22-13 abnormality manifested only by repeated criminal or otherwise
22-14 antisocial conduct.
22-15 Sec. 8.02. MISTAKE OF FACT. (a) It is a defense to
22-16 prosecution that the actor through mistake formed a reasonable
22-17 belief about a matter of fact if his mistaken belief negated the
22-18 kind of culpability required for commission of the offense.
22-19 (b) Although an actor's mistake of fact may constitute a
22-20 defense to the offense charged, he may nevertheless be convicted of
22-21 any lesser included offense of which he would be guilty if the fact
22-22 were as he believed.
22-23 Sec. 8.03. MISTAKE OF LAW. (a) It is no defense to
22-24 prosecution that the actor was ignorant of the provisions of any
22-25 law after the law has taken effect.
22-26 (b) It is an affirmative defense to prosecution that the
22-27 actor reasonably believed the conduct charged did not constitute a
23-1 crime and that he acted in reasonable reliance upon:
23-2 (1) an official statement of the law contained in a
23-3 written order or grant of permission by an administrative agency
23-4 charged by law with responsibility for interpreting the law in
23-5 question; or
23-6 (2) a written interpretation of the law contained in
23-7 an opinion of a court of record or made by a public official
23-8 charged by law with responsibility for interpreting the law in
23-9 question.
23-10 (c) Although an actor's mistake of law may constitute a
23-11 defense to the offense charged, he may nevertheless be convicted of
23-12 a lesser included offense of which he would be guilty if the law
23-13 were as he believed.
23-14 Sec. 8.04. INTOXICATION. (a) Voluntary intoxication does
23-15 not constitute a defense to the commission of crime.
23-16 (b) Evidence of temporary insanity caused by intoxication
23-17 may be introduced by the actor in mitigation of the penalty
23-18 attached to the offense for which he is being tried.
23-19 (c) When temporary insanity is relied upon as a defense and
23-20 the evidence tends to show that such insanity was caused by
23-21 intoxication, the court shall charge the jury in accordance with
23-22 the provisions of this section.
23-23 (d) For purposes of this section "intoxication" means
23-24 disturbance of mental or physical capacity resulting from the
23-25 introduction of any substance into the body.
23-26 Sec. 8.05. DURESS. (a) It is an affirmative defense to
23-27 prosecution that the actor engaged in the proscribed conduct
24-1 because he was compelled to do so by threat of imminent death or
24-2 serious bodily injury to himself or another.
24-3 (b) In a prosecution for an offense that does not constitute
24-4 a felony, it is an affirmative defense to prosecution that the
24-5 actor engaged in the proscribed conduct because he was compelled to
24-6 do so by force or threat of force.
24-7 (c) Compulsion within the meaning of this section exists
24-8 only if the force or threat of force would render a person of
24-9 reasonable firmness incapable of resisting the pressure.
24-10 (d) The defense provided by this section is unavailable if
24-11 the actor intentionally, knowingly, or recklessly placed himself in
24-12 a situation in which it was probable that he would be subjected to
24-13 compulsion.
24-14 (e) It is no defense that a person acted at the command or
24-15 persuasion of his spouse, unless he acted under compulsion that
24-16 would establish a defense under this section.
24-17 Sec. 8.06. ENTRAPMENT. (a) It is a defense to prosecution
24-18 that the actor engaged in the conduct charged because he was
24-19 induced to do so by a law enforcement agent using persuasion or
24-20 other means likely to cause persons to commit the offense. Conduct
24-21 merely affording a person an opportunity to commit an offense does
24-22 not constitute entrapment.
24-23 (b) In this section "law enforcement agent" includes
24-24 personnel of the state and local law enforcement agencies as well
24-25 as of the United States and any person acting in accordance with
24-26 instructions from such agents.
24-27 Sec. 8.07. AGE AFFECTING CRIMINAL RESPONSIBILITY. (a) A
25-1 person may not be prosecuted for or convicted of any offense that
25-2 he committed when younger than 15 years of age except:
25-3 (1) perjury and aggravated perjury when it appears by
25-4 proof that he had sufficient discretion to understand the nature
25-5 and obligation of an oath;
25-6 (2) a violation of a penal statute cognizable under
25-7 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957<,
25-8 as amended> (Article 6701l-4, Vernon's Texas Civil Statutes),
25-9 except conduct which violates the laws of this state prohibiting
25-10 driving while intoxicated or under the influence of intoxicating
25-11 liquor (first or subsequent offense) or driving while under the
25-12 influence of any narcotic drug or of any other drug to a degree
25-13 which renders him incapable of safely driving a vehicle (first or
25-14 subsequent offense);
25-15 (3) a violation of a motor vehicle traffic ordinance
25-16 of an incorporated city or town in this state;
25-17 (4) a misdemeanor punishable by fine only other than
25-18 public intoxication; or
25-19 (5) a violation of a penal ordinance of a political
25-20 subdivision.
25-21 (b) Unless the juvenile court waives jurisdiction and
25-22 certifies the individual for criminal prosecution, a person may not
25-23 be prosecuted for or convicted of any offense committed before
25-24 reaching 17 years of age except:
25-25 (1) perjury and aggravated perjury when it appears by
25-26 proof that he had sufficient discretion to understand the nature
25-27 and obligation of an oath;
26-1 (2) a violation of a penal statute cognizable under
26-2 Chapter 302, Acts of the 55th Legislature, Regular Session, 1957<,
26-3 as amended> (Article 6701l-4, Vernon's Texas Civil Statutes),
26-4 except conduct which violates the laws of this state prohibiting
26-5 driving while intoxicated or under the influence of intoxicating
26-6 liquor (first or subsequent offense) or driving while under the
26-7 influence of any narcotic drug or of any other drug to a degree
26-8 which renders him incapable of safely driving a vehicle (first or
26-9 subsequent offense);
26-10 (3) a violation of a motor vehicle traffic ordinance
26-11 of an incorporated city or town in this state;
26-12 (4) a misdemeanor punishable by fine only other than
26-13 public intoxication; or
26-14 (5) a violation of a penal ordinance of a political
26-15 subdivision.
26-16 (c) Unless the juvenile court waives jurisdiction and
26-17 certifies the individual for criminal prosecution, a person who has
26-18 been alleged in a petition for an adjudication hearing to have
26-19 engaged in delinquent conduct or conduct indicating a need for
26-20 supervision may not be prosecuted for or convicted of any offense
26-21 alleged in the juvenile court petition or any offense within the
26-22 knowledge of the juvenile court judge as evidenced by anything in
26-23 the record of the juvenile court proceedings.
26-24 (d) No person may, in any case, be punished by death for an
26-25 offense committed while he was younger than 17 years.
26-26 CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
26-27 SUBCHAPTER A. GENERAL PROVISIONS
27-1 Sec. 9.01. DEFINITIONS. In this chapter:
27-2 (1) "Custody" means:
27-3 (A) under arrest by a peace officer; or
27-4 (B) under restraint by a public servant pursuant
27-5 to an order of a court.
27-6 (2) "Escape" means unauthorized departure from custody
27-7 or failure to return to custody following temporary leave for a
27-8 specific purpose or limited period or following leave that is part
27-9 of an intermittent sentence, but does not include a violation of
27-10 conditions of community supervision <probation> or parole.
27-11 (3) "Deadly force" means force that is intended or
27-12 known by the actor to cause, or in the manner of its use or
27-13 intended use is capable of causing, death or serious bodily injury.
27-14 Sec. 9.02. JUSTIFICATION AS A DEFENSE. It is a defense to
27-15 prosecution that the conduct in question is justified under this
27-16 chapter.
27-17 Sec. 9.03. CONFINEMENT AS JUSTIFIABLE FORCE. Confinement is
27-18 justified when force is justified by this chapter if the actor
27-19 takes reasonable measures to terminate the confinement as soon as
27-20 he knows he safely can unless the person confined has been arrested
27-21 for an offense.
27-22 Sec. 9.04. THREATS AS JUSTIFIABLE FORCE. The threat of
27-23 force is justified when the use of force is justified by this
27-24 chapter. For purposes of this section, a threat to cause death or
27-25 serious bodily injury by the production of a weapon or otherwise,
27-26 as long as the actor's purpose is limited to creating an
27-27 apprehension that he will use deadly force if necessary, does not
28-1 constitute the use of deadly force.
28-2 Sec. 9.05. RECKLESS INJURY OF INNOCENT THIRD PERSON. Even
28-3 though an actor is justified under this chapter in threatening or
28-4 using force or deadly force against another, if in doing so he also
28-5 recklessly injures or kills an innocent third person, the
28-6 justification afforded by this chapter is unavailable in a
28-7 prosecution for the reckless injury or killing of the innocent
28-8 third person.
28-9 Sec. 9.06. CIVIL REMEDIES UNAFFECTED. The fact that conduct
28-10 is justified under this chapter does not abolish or impair any
28-11 remedy for the conduct that is available in a civil suit.
28-12 (Sections 9.07-9.20 reserved for expansion)
28-13 SUBCHAPTER B. JUSTIFICATION GENERALLY
28-14 Sec. 9.21. PUBLIC DUTY. (a) Except as qualified by
28-15 Subsections (b) and (c) <of this section>, conduct is justified if
28-16 the actor reasonably believes the conduct is required or authorized
28-17 by law, by the judgment or order of a competent court or other
28-18 governmental tribunal, or in the execution of legal process.
28-19 (b) The other sections of this chapter control when force is
28-20 used against a person to protect persons (Subchapter C), to protect
28-21 property (Subchapter D), for law enforcement (Subchapter E), or by
28-22 virtue of a special relationship (Subchapter F).
28-23 (c) The use of deadly force is not justified under this
28-24 section unless the actor reasonably believes the deadly force is
28-25 specifically required by statute or unless it occurs in the lawful
28-26 conduct of war. If deadly force is so justified, there is no duty
28-27 to retreat before using it.
29-1 (d) The justification afforded by this section is available
29-2 if the actor reasonably believes:
29-3 (1) the court or governmental tribunal has
29-4 jurisdiction or the process is lawful, even though the court or
29-5 governmental tribunal lacks jurisdiction or the process is
29-6 unlawful; or
29-7 (2) his conduct is required or authorized to assist a
29-8 public servant in the performance of his official duty, even though
29-9 the servant exceeds his lawful authority.
29-10 Sec. 9.22. NECESSITY. Conduct is justified if:
29-11 (1) the actor reasonably believes the conduct is
29-12 immediately necessary to avoid imminent harm;
29-13 (2) the desirability and urgency of avoiding the harm
29-14 clearly outweigh, according to ordinary standards of
29-15 reasonableness, the harm sought to be prevented by the law
29-16 proscribing <prescribing> the conduct; and
29-17 (3) a legislative purpose to exclude the justification
29-18 claimed for the conduct does not otherwise plainly appear.
29-19 (Sections 9.23-9.30 reserved for expansion)
29-20 SUBCHAPTER C. PROTECTION OF PERSONS
29-21 Sec. 9.31. SELF-DEFENSE. (a) Except as provided in
29-22 Subsection (b) of this section, a person is justified in using
29-23 force against another when and to the degree he reasonably believes
29-24 the force is immediately necessary to protect himself against the
29-25 other's use or attempted use of unlawful force.
29-26 (b) The use of force against another is not justified:
29-27 (1) in response to verbal provocation alone;
30-1 (2) to resist an arrest or search that the actor knows
30-2 is being made by a peace officer, or by a person acting in a peace
30-3 officer's presence and at his direction, even though the arrest or
30-4 search is unlawful, unless the resistance is justified under
30-5 Subsection (c) <of this section>;
30-6 (3) if the actor consented to the exact force used or
30-7 attempted by the other; or
30-8 (4) if the actor provoked the other's use or attempted
30-9 use of unlawful force, unless:
30-10 (A) the actor abandons the encounter, or clearly
30-11 communicates to the other his intent to do so reasonably believing
30-12 he cannot safely abandon the encounter; and
30-13 (B) the other nevertheless continues or attempts
30-14 to use unlawful force against the actor.
30-15 (c) The use of force to resist an arrest or search is
30-16 justified:
30-17 (1) if, before the actor offers any resistance, the
30-18 peace officer (or person acting at his direction) uses or attempts
30-19 to use greater force than necessary to make the arrest or search;
30-20 and
30-21 (2) when and to the degree the actor reasonably
30-22 believes the force is immediately necessary to protect himself
30-23 against the peace officer's (or other person's) use or attempted
30-24 use of greater force than necessary.
30-25 (d) The use of deadly force is not justified under this
30-26 subchapter except as provided in Sections 9.32, 9.33, and 9.34 <of
30-27 this code>.
31-1 Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. A person is
31-2 justified in using deadly force against another:
31-3 (1) if he would be justified in using force against
31-4 the other under Section 9.31 <of this code>;
31-5 (2) if a reasonable person in the actor's situation
31-6 would not have retreated; and
31-7 (3) when and to the degree he reasonably believes the
31-8 deadly force is immediately necessary:
31-9 (A) to protect himself against the other's use
31-10 or attempted use of unlawful deadly force; or
31-11 (B) to prevent the other's imminent commission
31-12 of aggravated kidnapping, murder, sexual assault, aggravated sexual
31-13 assault, robbery, or aggravated robbery.
31-14 Sec. 9.33. DEFENSE OF THIRD PERSON. A person is justified
31-15 in using force or deadly force against another to protect a third
31-16 person if:
31-17 (1) under the circumstances as the actor reasonably
31-18 believes them to be, the actor would be justified under Section
31-19 9.31 or 9.32 <of this code> in using force or deadly force to
31-20 protect himself against the unlawful force or unlawful deadly force
31-21 he reasonably believes to be threatening the third person he seeks
31-22 to protect; and
31-23 (2) the actor reasonably believes that his
31-24 intervention is immediately necessary to protect the third person.
31-25 Sec. 9.34. PROTECTION OF LIFE OR HEALTH. (a) A person is
31-26 justified in using force, but not deadly force, against another
31-27 when and to the degree he reasonably believes the force is
32-1 immediately necessary to prevent the other from committing suicide
32-2 or inflicting serious bodily injury to himself.
32-3 (b) A person is justified in using both force and deadly
32-4 force against another when and to the degree he reasonably believes
32-5 the force or deadly force is immediately necessary to preserve the
32-6 other's life in an emergency.
32-7 (Sections 9.35-9.40 reserved for expansion)
32-8 SUBCHAPTER D. PROTECTION OF PROPERTY
32-9 Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
32-10 in lawful possession of land or tangible, movable property is
32-11 justified in using force against another when and to the degree the
32-12 actor reasonably believes the force is immediately necessary to
32-13 prevent or terminate the other's trespass on the land or unlawful
32-14 interference with the property.
32-15 (b) A person unlawfully dispossessed of land or tangible,
32-16 movable property by another is justified in using force against the
32-17 other when and to the degree the actor reasonably believes the
32-18 force is immediately necessary to reenter the land or recover the
32-19 property if the actor uses the force immediately or in fresh
32-20 pursuit after the dispossession and:
32-21 (1) the actor reasonably believes the other had no
32-22 claim of right when he dispossessed the actor; or
32-23 (2) the other accomplished the dispossession by using
32-24 force, threat, or fraud against the actor.
32-25 Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
32-26 justified in using deadly force against another to protect land or
32-27 tangible, movable property:
33-1 (1) if he would be justified in using force against
33-2 the other under Section 9.41 <of this code>; and
33-3 (2) when and to the degree he reasonably believes the
33-4 deadly force is immediately necessary:
33-5 (A) to prevent the other's imminent commission
33-6 of arson, burglary, robbery, aggravated robbery, theft during the
33-7 nighttime, or criminal mischief during the nighttime; or
33-8 (B) to prevent the other who is fleeing
33-9 immediately after committing burglary, robbery, aggravated robbery,
33-10 or theft during the nighttime from escaping with the property; and
33-11 (3) he reasonably believes that:
33-12 (A) the land or property cannot be protected or
33-13 recovered by any other means; or
33-14 (B) the use of force other than deadly force to
33-15 protect or recover the land or property would expose the actor or
33-16 another to a substantial risk of death or serious bodily injury.
33-17 Sec. 9.43. PROTECTION OF THIRD PERSON'S PROPERTY. A person
33-18 is justified in using force or deadly force against another to
33-19 protect land or tangible, movable property of a third person if,
33-20 under the circumstances as he reasonably believes them to be, the
33-21 actor would be justified under Section 9.41 or 9.42 <of this code>
33-22 in using force or deadly force to protect his own land or property
33-23 and:
33-24 (1) the actor reasonably believes the unlawful
33-25 interference constitutes attempted or consummated theft of or
33-26 criminal mischief to the tangible, movable property; or
33-27 (2) the actor reasonably believes that:
34-1 (A) the third person has requested his
34-2 protection of the land or property;
34-3 (B) he has a legal duty to protect the third
34-4 person's land or property; or
34-5 (C) the third person whose land or property he
34-6 uses force or deadly force to protect is the actor's spouse,
34-7 parent, or child, resides with the actor, or is under the actor's
34-8 care.
34-9 Sec. 9.44. USE OF DEVICE TO PROTECT PROPERTY. The
34-10 justification afforded by Sections 9.41 and 9.43 <of this code>
34-11 applies to the use of a device to protect land or tangible, movable
34-12 property if:
34-13 (1) the device is not designed to cause, or known by
34-14 the actor to create a substantial risk of causing, death or serious
34-15 bodily injury; and
34-16 (2) use of the device is reasonable under all the
34-17 circumstances as the actor reasonably believes them to be when he
34-18 installs the device.
34-19 (Sections 9.45-9.50 reserved for expansion)
34-20 SUBCHAPTER E. LAW ENFORCEMENT
34-21 Sec. 9.51. ARREST AND SEARCH. (a) A peace officer, or a
34-22 person acting in a peace officer's presence and at his direction,
34-23 is justified in using force against another when and to the degree
34-24 the actor reasonably believes the force is immediately necessary to
34-25 make or assist in making an arrest or search, or to prevent or
34-26 assist in preventing escape after arrest, if:
34-27 (1) the actor reasonably believes the arrest or search
35-1 is lawful or, if the arrest or search is made under a warrant, he
35-2 reasonably believes the warrant is valid; and
35-3 (2) before using force, the actor manifests his
35-4 purpose to arrest or search and identifies himself as a peace
35-5 officer or as one acting at a peace officer's direction, unless he
35-6 reasonably believes his purpose and identity are already known by
35-7 or cannot reasonably be made known to the person to be arrested.
35-8 (b) A person other than a peace officer (or one acting at
35-9 his direction) is justified in using force against another when and
35-10 to the degree the actor reasonably believes the force is
35-11 immediately necessary to make or assist in making a lawful arrest,
35-12 or to prevent or assist in preventing escape after lawful arrest
35-13 if, before using force, the actor manifests his purpose to and the
35-14 reason for the arrest or reasonably believes his purpose and the
35-15 reason are already known by or cannot reasonably be made known to
35-16 the person to be arrested.
35-17 (c) A peace officer is justified in using deadly force
35-18 against another when and to the degree the peace officer reasonably
35-19 believes the deadly force is immediately necessary to make an
35-20 arrest, or to prevent escape after arrest, if the use of force
35-21 would have been justified under Subsection (a) <of this section>
35-22 and:
35-23 (1) the actor reasonably believes the conduct for
35-24 which arrest is authorized included the use or attempted use of
35-25 deadly force; or
35-26 (2) the actor reasonably believes there is a
35-27 substantial risk that the person to be arrested will cause death or
36-1 serious bodily injury to the actor or another if the arrest is
36-2 delayed.
36-3 (d) A person other than a peace officer acting in a peace
36-4 officer's presence and at his direction is justified in using
36-5 deadly force against another when and to the degree the person
36-6 reasonably believes the deadly force is immediately necessary to
36-7 make a lawful arrest, or to prevent escape after a lawful arrest,
36-8 if the use of force would have been justified under Subsection (b)
36-9 <of this section> and:
36-10 (1) the actor reasonably believes the felony or
36-11 offense against the public peace for which arrest is authorized
36-12 included the use or attempted use of deadly force; or
36-13 (2) the actor reasonably believes there is a
36-14 substantial risk that the person to be arrested will cause death or
36-15 serious bodily injury to another if the arrest is delayed.
36-16 (e) There is no duty to retreat before using deadly force
36-17 justified by Subsection (c) or (d) <of this section>.
36-18 (f) Nothing in this section relating to the actor's
36-19 manifestation of purpose or identity shall be construed as
36-20 conflicting with any other law relating to the issuance, service,
36-21 and execution of an arrest or search warrant either under the laws
36-22 of this state or the United States.
36-23 (g) Deadly force may only be used under the circumstances
36-24 enumerated in Subsections (c) and (d) <of this section>.
36-25 Sec. 9.52. PREVENTION OF ESCAPE FROM CUSTODY. The use of
36-26 force to prevent the escape of an arrested person from custody is
36-27 justifiable when the force could have been employed to effect the
37-1 arrest under which the person is in custody, except that a guard
37-2 employed by a correctional facility <penal institution> or a peace
37-3 officer is justified in using any force, including deadly force,
37-4 that he reasonably believes to be immediately necessary to prevent
37-5 the escape of a person from the correctional facility <a jail,
37-6 prison, or other institution for the detention of persons charged
37-7 with or convicted of a crime>.
37-8 Sec. 9.53. MAINTAINING SECURITY IN CORRECTIONAL FACILITY
37-9 <PENAL INSTITUTION>. An officer or employee of a correctional
37-10 facility <A peace officer, jailer, or guard employed at a municipal
37-11 or county jail, or a guard or correctional officer employed by the
37-12 Texas Department of Corrections> is justified in using force
37-13 against a person in custody when and to the degree the <peace>
37-14 officer<, jailer, guard,> or employee <correctional officer>
37-15 reasonably believes the force is necessary to maintain the security
37-16 of the correctional facility <penal institution>, the safety or
37-17 security of other persons in custody or employed by the
37-18 correctional facility <penal institution>, or his own safety or
37-19 security.
37-20 (Sections 9.54-9.60 reserved for expansion)
37-21 SUBCHAPTER F. SPECIAL RELATIONSHIPS
37-22 Sec. 9.61. PARENT--CHILD. (a) The use of force, but not
37-23 deadly force, against a child younger than 18 years is justified:
37-24 (1) if the actor is the child's parent or stepparent
37-25 or is acting in loco parentis to the child; and
37-26 (2) when and to the degree the actor reasonably
37-27 believes the force is necessary to discipline the child or to
38-1 safeguard or promote his welfare.
38-2 (b) For purposes of this section, "in loco parentis"
38-3 includes grandparent and guardian, any person acting by, through,
38-4 or under the direction of a court with jurisdiction over the child,
38-5 and anyone who has express or implied consent of the parent or
38-6 parents.
38-7 Sec. 9.62. EDUCATOR--STUDENT. The use of force, but not
38-8 deadly force, against a person is justified:
38-9 (1) if the actor is entrusted with the care,
38-10 supervision, or administration of the person for a special purpose;
38-11 and
38-12 (2) when and to the degree the actor reasonably
38-13 believes the force is necessary to further the special purpose or
38-14 to maintain discipline in a group.
38-15 Sec. 9.63. GUARDIAN--INCOMPETENT. The use of force, but not
38-16 deadly force, against a mental incompetent is justified:
38-17 (1) if the actor is the incompetent's guardian or
38-18 someone similarly responsible for the general care and supervision
38-19 of the incompetent; and
38-20 (2) when and to the degree the actor reasonably
38-21 believes the force is necessary:
38-22 (A) to safeguard and promote the incompetent's
38-23 welfare; or
38-24 (B) if the incompetent is in an institution for
38-25 his care and custody, to maintain discipline in the institution.
38-26 TITLE 3. PUNISHMENTS
38-27 CHAPTER 12. PUNISHMENTS
39-1 SUBCHAPTER A. GENERAL PROVISIONS
39-2 Sec. 12.01. PUNISHMENT IN ACCORDANCE WITH CODE. (a) A
39-3 person adjudged guilty of an offense under this code shall be
39-4 punished in accordance with this chapter and the Code of Criminal
39-5 Procedure<, 1965>.
39-6 (b) Penal laws enacted after the effective date of this code
39-7 shall be classified for punishment purposes in accordance with this
39-8 chapter.
39-9 (c) This chapter does not deprive a court of authority
39-10 conferred by law to forfeit property, dissolve a corporation,
39-11 suspend or cancel a license or permit, remove a person from office,
39-12 cite for contempt, or impose any other civil penalty. The civil
39-13 penalty may be included in the sentence.
39-14 Sec. 12.02. CLASSIFICATION OF OFFENSES. Offenses are
39-15 designated as felonies or misdemeanors.
39-16 Sec. 12.03. CLASSIFICATION OF MISDEMEANORS. (a)
39-17 Misdemeanors are classified according to the relative seriousness
39-18 of the offense into three categories:
39-19 (1) Class A misdemeanors;
39-20 (2) Class B misdemeanors;
39-21 (3) Class C misdemeanors.
39-22 (b) An offense designated a misdemeanor in this code without
39-23 specification as to punishment or category is a Class C
39-24 misdemeanor.
39-25 (c) Conviction of a Class C misdemeanor does not impose any
39-26 legal disability or disadvantage.
39-27 Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are
40-1 classified according to the relative seriousness of the offense
40-2 into five <four> categories:
40-3 (1) capital felonies;
40-4 (2) felonies of the first degree;
40-5 (3) felonies of the second degree;
40-6 (4) felonies of the third degree; and
40-7 (5) state jail felonies.
40-8 (b) An offense designated a felony in this code without
40-9 specification as to category is a state jail felony <of the third
40-10 degree>.
40-11 (Sections 12.05-12.20 reserved for expansion)
40-12 SUBCHAPTER B. ORDINARY MISDEMEANOR PUNISHMENTS
40-13 Sec. 12.21. CLASS A MISDEMEANOR. An individual adjudged
40-14 guilty of a Class A misdemeanor shall be punished by:
40-15 (1) a fine not to exceed $3,000;
40-16 (2) confinement in jail for a term not to exceed one
40-17 year; or
40-18 (3) both such fine and confinement <imprisonment>.
40-19 Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged
40-20 guilty of a Class B misdemeanor shall be punished by:
40-21 (1) a fine not to exceed $1,500;
40-22 (2) confinement in jail for a term not to exceed 180
40-23 days; or
40-24 (3) both such fine and confinement <imprisonment>.
40-25 Sec. 12.23. CLASS C MISDEMEANOR. An individual adjudged
40-26 guilty of a Class C misdemeanor shall be punished by a fine not to
40-27 exceed $500.
41-1 (Sections 12.24-12.30 reserved for expansion)
41-2 SUBCHAPTER C. ORDINARY FELONY PUNISHMENTS
41-3 Sec. 12.31. CAPITAL FELONY. (a) An individual adjudged
41-4 guilty of a capital felony in a case in which the state seeks the
41-5 death penalty shall be punished by imprisonment <confinement> in
41-6 the institutional division <of the Texas Department of Criminal
41-7 Justice> for life or by death. An individual adjudged guilty of a
41-8 capital felony in a case in which the state does not seek the death
41-9 penalty shall be punished by imprisonment <confinement> in the
41-10 institutional division for life.
41-11 (b) In a capital felony trial in which the state seeks the
41-12 death penalty, prospective jurors shall be informed that a sentence
41-13 of life imprisonment or death is mandatory on conviction of a
41-14 capital felony. In a capital felony trial in which the state does
41-15 not seek the death penalty, prospective jurors shall be informed
41-16 that the state is not seeking the death penalty and that a sentence
41-17 of life imprisonment is mandatory on conviction of the capital
41-18 felony.
41-19 Sec. 12.32. FIRST DEGREE <FIRST-DEGREE> FELONY PUNISHMENT.
41-20 (a) An individual adjudged guilty of a felony of the first degree
41-21 shall be punished by imprisonment <confinement> in the
41-22 institutional division <Texas Department of Corrections for life
41-23 or> for any term of not more than 99 years or less than 5 years.
41-24 (b) In addition to imprisonment, an individual adjudged
41-25 guilty of a felony of the first degree may be punished by a fine
41-26 not to exceed $10,000.
41-27 Sec. 12.33. SECOND DEGREE <SECOND-DEGREE> FELONY PUNISHMENT.
42-1 (a) An individual adjudged guilty of a felony of the second degree
42-2 shall be punished by imprisonment <confinement> in the
42-3 institutional division <Texas Department of Corrections> for any
42-4 term of not more than 20 years or less than 2 years.
42-5 (b) In addition to imprisonment, an individual adjudged
42-6 guilty of a felony of the second degree may be punished by a fine
42-7 not to exceed $10,000.
42-8 Sec. 12.34. THIRD DEGREE <THIRD-DEGREE> FELONY PUNISHMENT.
42-9 (a) An individual adjudged guilty of a felony of the third degree
42-10 shall be punished by imprisonment<:>
42-11 <(1) confinement> in the institutional division <of
42-12 the Texas Department of Criminal Justice> for any term of not more
42-13 than 10 years or less than 2 years<; or>
42-14 <(2) confinement in a community correctional facility
42-15 for any term of not more than 1 year>.
42-16 (b) In addition to imprisonment, an individual adjudged
42-17 guilty of a felony of the third degree may be punished by a fine
42-18 not to exceed $10,000.
42-19 Sec. 12.35. STATE JAIL FELONY PUNISHMENT. (a) An
42-20 individual adjudged guilty of a state jail felony shall be punished
42-21 by community supervision for any term of not more than 4 years or
42-22 less than 1 year.
42-23 (b) In addition to community supervision, an individual
42-24 adjudged guilty of a state jail felony may be punished by a fine
42-25 not to exceed $10,000.
42-26 (Sections 12.36 <12.35>-12.40 reserved for expansion)
42-27 SUBCHAPTER D. EXCEPTIONAL SENTENCES
43-1 Sec. 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.
43-2 For purposes of this subchapter, any conviction not obtained from a
43-3 prosecution under this code shall be classified as follows:
43-4 (1) "felony of the third degree" if imprisonment
43-5 <confinement> in a penitentiary is affixed to the offense as a
43-6 possible punishment;
43-7 (2) "Class B misdemeanor" if the offense is not a
43-8 felony and confinement in a jail is affixed to the offense as a
43-9 possible punishment;
43-10 (3) "Class C misdemeanor" if the offense is punishable
43-11 by fine only.
43-12 Sec. 12.42. PENALTIES FOR REPEAT AND HABITUAL FELONY
43-13 OFFENDERS. (a) If it is shown on the trial of a state jail felony
43-14 that the defendant has previously been finally convicted of two
43-15 state jail felony offenses, and the second previous state jail
43-16 felony conviction is for an offense that occurred subsequent to the
43-17 first previous state jail felony conviction having become final, on
43-18 conviction the defendant shall be punished for a third degree
43-19 felony.
43-20 (b) If it is <be> shown on the trial of a third-degree
43-21 felony that the defendant has been once before convicted of any
43-22 felony other than a state jail felony, on conviction he shall be
43-23 punished for a second-degree felony.
43-24 (c) <(b)> If it is <be> shown on the trial of a
43-25 second-degree felony that the defendant has been once before
43-26 convicted of any felony other than a state jail felony, on
43-27 conviction he shall be punished for a first-degree felony.
44-1 (d) <(c)> If it is <be> shown on the trial of a first-degree
44-2 felony that the defendant has been once before convicted of any
44-3 felony other than a state jail felony, on conviction he shall be
44-4 punished by imprisonment <confinement> in the institutional
44-5 division of the Texas Department of Criminal Justice <Corrections>
44-6 for life, or for any term of not more than 99 years or less than 15
44-7 years. In addition to imprisonment, an individual may be punished
44-8 by a fine not to exceed $10,000.
44-9 (e) <(d)> If it is <be> shown on the trial of any felony
44-10 offense other than a state jail felony that the defendant has
44-11 previously been finally convicted of two felony offenses neither of
44-12 which is a state jail felony, and the second previous felony
44-13 conviction is for an offense that occurred subsequent to the first
44-14 previous conviction having become final, on conviction he shall be
44-15 punished by imprisonment <confinement> in the institutional
44-16 division of the Texas Department of Criminal Justice <Corrections>
44-17 for life, or for any term of not more than 99 years or less than 25
44-18 years.
44-19 <Sec. 12.422. IMPOSITION OF SUBSTANCE ABUSE FELONY
44-20 PUNISHMENT. (a) A court may punish an eligible defendant
44-21 convicted of an offense listed in Subsection (d) of this section
44-22 that is otherwise punishable as a felony of the first, second, or
44-23 third degree by imposing on the defendant:>
44-24 <(1) a term of confinement and treatment in a
44-25 substance abuse treatment facility operated by the community
44-26 justice assistance division of the Texas Department of Criminal
44-27 Justice for an indeterminate term of not more than one year or less
45-1 than six months, except that the minimum term for a defendant whose
45-2 underlying offense is an offense under Article 6701l-1, Revised
45-3 Statutes, is 30 days;>
45-4 <(2) a term of not less than two years or more than 10
45-5 years in the institutional division of the Texas Department of
45-6 Criminal Justice, to begin not later than the 30th day after the
45-7 day on which the defendant is released from a substance abuse
45-8 facility; and>
45-9 <(3) a fine not to exceed $10,000.>
45-10 <(b) A defendant is an eligible defendant for the purposes
45-11 of this section if:>
45-12 <(1) a pre-sentence investigation conducted under
45-13 Section 9, Article 42.12, Code of Criminal Procedure, or any other
45-14 indication suggests that drug or alcohol abuse significantly
45-15 contributed to the commission of the offense;>
45-16 <(2) the court determines that there are no other
45-17 community-based programs or facilities that are suitable for the
45-18 treatment of the defendant; and>
45-19 <(3) after considering the gravity and circumstances
45-20 of the offense committed, the court finds that the punishment would
45-21 best serve the ends of justice.>
45-22 <(c) A conviction of an offense for which punishment is
45-23 imposed under this section is a final conviction for the purposes
45-24 of Section 12.42 of this code.>
45-25 <(d) This section applies to all felony offenses other than
45-26 murder under Section 19.02, Penal Code, or an offense listed under
45-27 Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, or a
46-1 sentence the judgment for which contains an affirmative finding
46-2 under Section 3g(a)(2) of that article.>
46-3 Sec. 12.43. PENALTIES FOR REPEAT AND HABITUAL MISDEMEANOR
46-4 OFFENDERS. (a) If it is <be> shown on the trial of a Class A
46-5 misdemeanor that the defendant has been before convicted of a Class
46-6 A misdemeanor or any degree of felony, on conviction he shall be
46-7 punished by confinement in jail for any term of not more than one
46-8 year or less than 90 days.
46-9 (b) If it is <be> shown on the trial of a Class B
46-10 misdemeanor that the defendant has been before convicted of a Class
46-11 A or Class B misdemeanor or any degree of felony, on conviction he
46-12 shall be punished by confinement in jail for any term of not more
46-13 than 180 days or less than 30 days.
46-14 (c) If the punishment scheme for an offense contains a
46-15 specific enhancement provision increasing punishment for a
46-16 defendant who has previously been convicted of the offense, the
46-17 specific enhancement provision controls over this section.
46-18 Sec. 12.44. REDUCTION OF THIRD DEGREE OR STATE JAIL
46-19 <THIRD-DEGREE> FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A
46-20 court may punish a defendant who is convicted of a third degree or
46-21 state jail felony by imposing the punishment for a Class A
46-22 misdemeanor if, after considering the gravity and circumstances of
46-23 the felony committed and the history, character, and rehabilitative
46-24 needs of the defendant, the court finds that such punishment would
46-25 best serve the ends of justice.
46-26 (b) When a court is authorized to impose punishment for a
46-27 lesser category of offense as provided in Subsection (a) <of this
47-1 section>, the court may authorize the prosecuting attorney to
47-2 prosecute initially for the lesser category of offense.
47-3 Sec. 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A
47-4 person may, with the consent of the attorney for the state, admit
47-5 during the sentencing hearing his guilt of one or more
47-6 unadjudicated offenses and request the court to take each into
47-7 account in determining sentence for the offense or offenses of
47-8 which he stands adjudged guilty.
47-9 (b) Before a court may take into account an admitted offense
47-10 over which exclusive venue lies in another county or district, the
47-11 court must obtain permission from the prosecuting attorney with
47-12 jurisdiction over the offense.
47-13 (c) If a court lawfully takes into account an admitted
47-14 offense, prosecution is barred for that offense.
47-15 Sec. 12.46. USE OF PRIOR CONVICTIONS. The use of a
47-16 conviction for enhancement purposes shall not preclude the
47-17 subsequent use of such conviction for enhancement purposes.
47-18 <Sec. 12.47. PENALTY IF CRIME COMMITTED AGAINST CHILD DURING
47-19 RITUAL OR CEREMONY. (a) The punishment prescribed for an offense
47-20 listed in Subsection (b) of this section is increased to the
47-21 punishment prescribed for the next highest category of offense if
47-22 it is shown on the trial of the offense that:>
47-23 <(1) the victim of the offense was younger than 17
47-24 years of age at the time of the offense; and>
47-25 <(2) the offense was committed as part of a ritual or
47-26 ceremony.>
47-27 <(b) This section applies to an offense under the following
48-1 sections of the Penal Code:>
48-2 <(1) Section 21.11 (Indecency with a Child);>
48-3 <(2) Section 22.01 (Assault);>
48-4 <(3) Section 22.011 (Sexual Assault);>
48-5 <(4) Section 22.02 (Aggravated Assault);>
48-6 <(5) Section 22.021 (Aggravated Sexual Assault);>
48-7 <(6) Section 22.04 (Injury to a Child or an Elderly
48-8 Individual);>
48-9 <(7) Section 22.041 (Abandoning or Endangering Child);>
48-10 <(8) Section 25.02 (Incest);>
48-11 <(9) Section 25.06 (Solicitation of a Child);>
48-12 <(10) Section 25.11 (Sale or Purchase of Child);>
48-13 <(11) Section 43.24 (Sale, Distribution, or Display of
48-14 Harmful Material to Minor); and>
48-15 <(12) Section 43.25 (Sexual Performance by a Child).>
48-16 <(c) This section does not apply to an offense for which the
48-17 punishment otherwise prescribed is the punishment for a
48-18 first-degree felony or a capital felony.>
48-19 (Sections 12.47 <12.48>-12.50 reserved for expansion)
48-20 SUBCHAPTER E. CORPORATIONS AND ASSOCIATIONS
48-21 Sec. 12.51. AUTHORIZED PUNISHMENTS FOR CORPORATIONS AND
48-22 ASSOCIATIONS. (a) If a corporation or association is adjudged
48-23 guilty of an offense that provides a penalty consisting of a fine
48-24 only, a court may sentence the corporation or association to pay a
48-25 fine in an amount fixed by the court, not to exceed the fine
48-26 provided by the offense.
48-27 (b) If a corporation or association is adjudged guilty of an
49-1 offense that provides a penalty including imprisonment, or that
49-2 provides no specific penalty, a court may sentence the corporation
49-3 or association to pay a fine in an amount fixed by the court, not
49-4 to exceed:
49-5 (1) $20,000 if the offense is a felony of any
49-6 category;
49-7 (2) $10,000 if the offense is a Class A or Class B
49-8 misdemeanor;
49-9 (3) $2,000 if the offense is a Class C misdemeanor; or
49-10 (4) $50,000 if, as a result of an offense classified
49-11 as a felony or Class A misdemeanor, an individual suffers serious
49-12 bodily injury or death.
49-13 (c) In lieu of the fines authorized by Subsections (a),
49-14 (b)(1), (b)(2), and (b)(4) <of this section>, if a court finds that
49-15 the corporation or association gained money or property or caused
49-16 personal injury or death, property damage, or other loss through
49-17 the commission of a felony or Class A or Class B misdemeanor, the
49-18 court may sentence the corporation or association to pay a fine in
49-19 an amount fixed by the court, not to exceed double the amount
49-20 gained or caused by the corporation or association to be lost or
49-21 damaged, whichever is greater.
49-22 (d) In addition to any sentence that may be imposed by this
49-23 section, a corporation or association that has been adjudged guilty
49-24 of an offense may be ordered by the court to give notice of the
49-25 conviction to any person the court deems appropriate.
49-26 (e) On conviction of a corporation or association, the court
49-27 shall notify the attorney general of that fact.
50-1 TITLE 4. INCHOATE OFFENSES
50-2 CHAPTER 15. PREPARATORY OFFENSES
50-3 Sec. 15.01. CRIMINAL ATTEMPT. (a) A person commits an
50-4 offense if, with specific intent to commit an offense, he does an
50-5 act amounting to more than mere preparation that tends but fails to
50-6 effect the commission of the offense intended.
50-7 (b) If a person attempts an offense that may be aggravated,
50-8 his conduct constitutes an attempt to commit the aggravated offense
50-9 if an element that aggravates the offense accompanies the attempt.
50-10 (c) It is no defense to prosecution for criminal attempt
50-11 that the offense attempted was actually committed.
50-12 (d) An offense under this section is one category lower than
50-13 the offense attempted, and if the offense attempted is a state jail
50-14 felony <of the third degree>, the offense is a Class A misdemeanor.
50-15 Sec. 15.02. CRIMINAL CONSPIRACY. (a) A person commits
50-16 criminal conspiracy if, with intent that a felony be committed:
50-17 (1) he agrees with one or more persons that they or
50-18 one or more of them engage in conduct that would constitute the
50-19 offense; and
50-20 (2) he or one or more of them performs an overt act in
50-21 pursuance of the agreement.
50-22 (b) An agreement constituting a conspiracy may be inferred
50-23 from acts of the parties.
50-24 (c) It is no defense to prosecution for criminal conspiracy
50-25 that:
50-26 (1) one or more of the coconspirators is not
50-27 criminally responsible for the object offense;
51-1 (2) one or more of the coconspirators has been
51-2 acquitted, so long as two or more coconspirators have not been
51-3 acquitted;
51-4 (3) one or more of the coconspirators has not been
51-5 prosecuted or convicted, has been convicted of a different offense,
51-6 or is immune from prosecution;
51-7 (4) the actor belongs to a class of persons that by
51-8 definition of the object offense is legally incapable of committing
51-9 the object offense in an individual capacity; or
51-10 (5) the object offense was actually committed.
51-11 (d) An offense under this section is one category lower than
51-12 the most serious felony that is the object of the conspiracy, and
51-13 if the most serious felony that is the object of the conspiracy is
51-14 a state jail felony <of the third degree>, the offense is a Class A
51-15 misdemeanor.
51-16 Sec. 15.03. CRIMINAL SOLICITATION. (a) A person commits an
51-17 offense if, with intent that a capital felony or felony of the
51-18 first degree be committed, he requests, commands, or attempts to
51-19 induce another to engage in specific conduct that, under the
51-20 circumstances surrounding his conduct as the actor believes them to
51-21 be, would constitute the felony or make the other a party to its
51-22 commission.
51-23 (b) A person may not be convicted under this section on the
51-24 uncorroborated testimony of the person allegedly solicited and
51-25 unless the solicitation is made under circumstances strongly
51-26 corroborative of both the solicitation itself and the actor's
51-27 intent that the other person act on the solicitation.
52-1 (c) It is no defense to prosecution under this section that:
52-2 (1) the person solicited is not criminally responsible
52-3 for the felony solicited;
52-4 (2) the person solicited has been acquitted, has not
52-5 been prosecuted or convicted, has been convicted of a different
52-6 offense or of a different type or class of offense, or is immune
52-7 from prosecution;
52-8 (3) the actor belongs to a class of persons that by
52-9 definition of the felony solicited is legally incapable of
52-10 committing the offense in an individual capacity; or
52-11 (4) the felony solicited was actually committed.
52-12 (d) An offense under this section is:
52-13 (1) a felony of the first degree if the offense
52-14 solicited is a capital offense; or
52-15 (2) a felony of the second degree if the offense
52-16 solicited is a felony of the first degree.
52-17 Sec. 15.04. RENUNCIATION DEFENSE. (a) It is an affirmative
52-18 defense to prosecution under Section 15.01 <of this code> that
52-19 under circumstances manifesting a voluntary and complete
52-20 renunciation of his criminal objective the actor avoided commission
52-21 of the offense attempted by abandoning his criminal conduct or, if
52-22 abandonment was insufficient to avoid commission of the offense, by
52-23 taking further affirmative action that prevented the commission.
52-24 (b) It is an affirmative defense to prosecution under
52-25 Section 15.02 or 15.03 <of this code> that under circumstances
52-26 manifesting a voluntary and complete renunciation of his criminal
52-27 objective the actor countermanded his solicitation or withdrew from
53-1 the conspiracy before commission of the object offense and took
53-2 further affirmative action that prevented the commission of the
53-3 object offense.
53-4 (c) Renunciation is not voluntary if it is motivated in
53-5 whole or in part:
53-6 (1) by circumstances not present or apparent at the
53-7 inception of the actor's course of conduct that increase the
53-8 probability of detection or apprehension or that make more
53-9 difficult the accomplishment of the objective; or
53-10 (2) by a decision to postpone the criminal conduct
53-11 until another time or to transfer the criminal act to another but
53-12 similar objective or victim.
53-13 (d) Evidence that the defendant renounced his criminal
53-14 objective by abandoning his criminal conduct, countermanding his
53-15 solicitation, or withdrawing from the conspiracy before the
53-16 criminal offense was committed and made substantial effort to
53-17 prevent the commission of the object offense shall be admissible as
53-18 mitigation at the hearing on punishment if he has been found guilty
53-19 of criminal attempt, criminal solicitation, or criminal conspiracy;
53-20 and in the event of a finding of renunciation under this
53-21 subsection, the punishment shall be one grade lower than that
53-22 provided for the offense committed.
53-23 Sec. 15.05. NO OFFENSE. Attempt or conspiracy to commit, or
53-24 solicitation of, a preparatory offense defined in this chapter is
53-25 not an offense.
53-26 CHAPTER 16. CRIMINAL INSTRUMENTS AND INTERCEPTION OF WIRE
53-27 OR ORAL COMMUNICATION
54-1 Sec. 16.01. Unlawful Use of Criminal Instrument. (a) A
54-2 person commits an offense if:
54-3 (1) he possesses a criminal instrument with intent to
54-4 use it in the commission of an offense; or
54-5 (2) with knowledge of its character and with intent to
54-6 use or aid or permit another to use in the commission of an
54-7 offense, he manufactures, adapts, sells, installs, or sets up a
54-8 criminal instrument.
54-9 (b) For the purpose of this section, "criminal instrument"
54-10 means anything, the possession, manufacture, or sale of which is
54-11 not otherwise an offense, that is specially designed, made, or
54-12 adapted for use in the commission of an offense.
54-13 (c) An offense under Subsection (a)(1) <of this section> is
54-14 one category lower than the offense intended. An offense under
54-15 Subsection (a)(2) <of this section> is a state jail felony <of the
54-16 third degree>.
54-17 Sec. 16.02. Unlawful Interception, Use, or Disclosure of
54-18 Wire, Oral, or Electronic Communications. (a) In this section,
54-19 "covert entry," "communication common carrier," "contents,"
54-20 "electronic, mechanical, or other device," "intercept,"
54-21 "investigative or law enforcement officer," "oral communication,"
54-22 "electronic communication," "readily accessible to the general
54-23 public," and "wire communication" have the meanings given those
54-24 terms in Article 18.20, Code of Criminal Procedure.
54-25 (b) Except as specifically provided by Subsection (c) <of
54-26 this section>, a person commits an offense if he:
54-27 (1) intentionally intercepts, endeavors to intercept,
55-1 or procures another person to intercept or endeavor to intercept a
55-2 wire, oral, or electronic communication;
55-3 (2) intentionally discloses or endeavors to disclose
55-4 to another person the contents of a wire, oral, or electronic
55-5 communication if he knows or has reason to know the information was
55-6 obtained through the interception of a wire, oral, or electronic
55-7 communication in violation of this subsection;
55-8 (3) intentionally uses or endeavors to use the
55-9 contents of a wire, oral, or electronic communication if he knows
55-10 or is reckless about whether the information was obtained through
55-11 the interception of a wire, oral, or electronic communication in
55-12 violation of this subsection;
55-13 (4) knowingly or intentionally effects a covert entry
55-14 for the purpose of intercepting wire, oral, or electronic
55-15 communications without court order or authorization; or
55-16 (5) intentionally uses, endeavors to use, or procures
55-17 any other person to use or endeavor to use any electronic,
55-18 mechanical, or other device to intercept any oral communication
55-19 when the device:
55-20 (A) is affixed to, or otherwise transmits a
55-21 signal through a wire, cable, or other connection used in wire
55-22 communications; or
55-23 (B) transmits communications by radio or
55-24 interferes with the transmission of communications by radio.
55-25 (c) It is an exception to the application of Subsection (b)
55-26 <of this section> that:
55-27 (1) an operator of a switchboard or an officer,
56-1 employee, or agent of a communication common carrier whose
56-2 facilities are used in the transmission of a wire or electronic
56-3 communication intercepts a communication or discloses or uses an
56-4 intercepted communication in the normal course of employment while
56-5 engaged in an activity that is a necessary incident to the
56-6 rendition of service or to the protection of the rights or property
56-7 of the carrier of the communication, unless the interception
56-8 results from the communication common carrier's use of service
56-9 observing or random monitoring for purposes other than mechanical
56-10 or service quality control checks;
56-11 (2) an officer, employee, or agent of a communication
56-12 common carrier provides information, facilities, or technical
56-13 assistance to an investigative or law enforcement officer who is
56-14 authorized as provided by this article to intercept a wire, oral,
56-15 or electronic communication;
56-16 (3) a person acting under color of law intercepts a
56-17 wire, oral, or electronic communication if the person is a party to
56-18 the communication or if one of the parties to the communication has
56-19 given prior consent to the interception;
56-20 (4) a person not acting under color of law intercepts
56-21 a wire, oral, or electronic communication if the person is a party
56-22 to the communication or if one of the parties to the communication
56-23 has given prior consent to the interception unless the
56-24 communication is intercepted for the purpose of committing any
56-25 criminal or tortious act in violation of the constitution or laws
56-26 of the United States or of this state or for the purpose of
56-27 committing any other injurious act;
57-1 (5) a person acting under color of law intercepts a
57-2 wire, oral, or electronic communication if:
57-3 (A) prior consent for the interception has been
57-4 given by a magistrate;
57-5 (B) an immediate life-threatening situation
57-6 exists;
57-7 (C) the person is a member of a law enforcement
57-8 unit specially trained to:
57-9 (i) respond to and deal with
57-10 life-threatening situations; or
57-11 (ii) install electronic, mechanical, or
57-12 other devices; and
57-13 (D) the interception ceases immediately on
57-14 termination of the life-threatening situation;
57-15 (6) an officer, employee, or agent of the Federal
57-16 Communications Commission intercepts a communication transmitted by
57-17 radio or discloses or uses an intercepted communication in the
57-18 normal course of employment and in the discharge of the monitoring
57-19 responsibilities exercised by the Federal Communications Commission
57-20 in the enforcement of Chapter 5, Title 47, United States Code;
57-21 (7) a person intercepts or obtains access to an
57-22 electronic communication that was made through an electronic
57-23 communication system that is configured to permit the communication
57-24 to be readily accessible to the general public;
57-25 (8) a person intercepts radio communication that is
57-26 transmitted:
57-27 (A) by a station for the use of the general
58-1 public;
58-2 (B) to ships, aircraft, vehicles, or persons in
58-3 distress;
58-4 (C) by a governmental, law enforcement, civil
58-5 defense, private land mobile, or public safety communications
58-6 system that is readily accessible to the general public;
58-7 (D) by a station operating on an authorized
58-8 frequency within the bands allocated to the amateur, citizens band,
58-9 or general mobile radio services; or
58-10 (E) by a marine or aeronautical communications
58-11 system;
58-12 (9) a person intercepts a wire or electronic
58-13 communication the transmission of which causes harmful interference
58-14 to a lawfully operating station or consumer electronic equipment,
58-15 to the extent necessary to identify the source of the interference;
58-16 (10) a user of the same frequency intercepts a radio
58-17 communication made through a system that uses frequencies monitored
58-18 by individuals engaged in the provision or the use of the system,
58-19 if the communication is not scrambled or encrypted; or
58-20 (11) a provider of electronic communications service
58-21 records the fact that a wire or electronic communication was
58-22 initiated or completed in order to protect the provider, another
58-23 provider furnishing service towards the completion of the
58-24 communication, or a user of that service from fraudulent, unlawful,
58-25 or abusive use of the service.
58-26 (d)(1) Except as provided by Subsection (e) <of this
58-27 section>, a person commits an offense if he:
59-1 (A) intentionally manufactures, assembles,
59-2 possesses, or sells an electronic, mechanical, or other device
59-3 knowing or having reason to know that the device is designed
59-4 primarily for nonconsensual interception of wire, electronic, or
59-5 oral communications and that the device or a component of the
59-6 device has been or will be used for an unlawful purpose; or
59-7 (B) places in a newspaper, magazine, handbill,
59-8 or other publication an advertisement of an electronic, mechanical,
59-9 or other device:
59-10 (i) knowing or having reason to know that
59-11 the device is designed primarily for nonconsensual interception of
59-12 wire, electronic, or oral communications;
59-13 (ii) promoting the use of the device for
59-14 the purpose of nonconsensual interception of wire, electronic, or
59-15 oral communications; or
59-16 (iii) knowing or having reason to know
59-17 that the advertisement will promote the use of the device for the
59-18 purpose of nonconsensual interception of wire, electronic, or oral
59-19 communications.
59-20 (2) An offense under Subdivision (1) <of this
59-21 subsection> is a state jail felony <punishable by confinement in
59-22 the Texas Department of Corrections for a term of not more than
59-23 five years or a fine of not more than $10,000, or both>.
59-24 (e) It is an exception to the application of Subsection (d)
59-25 <of this section> that the manufacture, assembly, possession, or
59-26 sale of an electronic, mechanical, or other device that is designed
59-27 primarily for the purpose of nonconsensual interception of wire,
60-1 electronic, or oral communication is by:
60-2 (1) a communication common carrier or a provider of
60-3 wire or electronic communications service or an officer, agent, or
60-4 employee of or a person under contract with a communication common
60-5 carrier or provider acting in the normal course of the provider's
60-6 or communication carrier's business;
60-7 (2) an officer, agent, or employee of a person under
60-8 contract with, bidding on contracts with, or doing business with
60-9 the United States or this state acting in the normal course of the
60-10 activities of the United States or this state; or
60-11 (3) a law enforcement agency that has an established
60-12 unit specifically designated to respond to and deal with
60-13 life-threatening situations or specifically trained to install
60-14 wire, oral, or electronic communications intercept equipment.
60-15 (f) Except as provided by Subsections (d) and (h) <(i) of
60-16 this section>, an offense under this section is a felony of the
60-17 second degree.
60-18 (g) <Property seized pursuant to this section may be
60-19 forfeited to the Department of Public Safety in the manner provided
60-20 by Article 18.18, Code of Criminal Procedure, for disposition of
60-21 seized property. The department may destroy the property or
60-22 maintain, repair, use, and operate the property in a manner
60-23 consistent with Article 18.20, Code of Criminal Procedure.>
60-24 <(h)> For purposes of this section:
60-25 (1) An immediate life-threatening situation exists
60-26 when human life is directly threatened in either a hostage or
60-27 barricade situation.
61-1 (2) "Member of a law enforcement unit specially
61-2 trained to respond to and deal with life-threatening situations"
61-3 means a peace officer who has received a minimum of 40 hours a year
61-4 of training in hostage and barricade suspect situations. This
61-5 training must be evidenced by the submission of appropriate
61-6 documentation to the Commission on Law Enforcement Officer
61-7 Standards and Education.
61-8 (h) <(i)>(1) A person commits an offense if, knowing that a
61-9 government attorney or an investigative or law enforcement officer
61-10 has been authorized or has applied for authorization to intercept
61-11 wire, electronic, or oral communications, the person obstructs,
61-12 impedes, prevents, gives notice to another of, or attempts to give
61-13 notice to another of the interception.
61-14 (2) An offense under this subsection is a state jail
61-15 felony <punishable by confinement in the Texas Department of
61-16 Corrections for a term of not more than five years or by a fine of
61-17 not more than $10,000, or both>.
61-18 (i) This section expires September 1, 2005, and shall not be
61-19 in force on and after that date.
61-20 <Sec. 16.021. ><Illegal Interception><. (a) In this section,
61-21 "communication" and "interception" have the same meanings as are
61-22 given those terms in Section 123.001, Civil Practice and Remedies
61-23 Code.>
61-24 <(b) A person, including a landlord, building operator, or
61-25 employee of a communication common carrier, commits an offense if
61-26 the person knowingly aids in or permits an interception or
61-27 attempted interception.>
62-1 <(c) It is a defense to prosecution under this section that
62-2 the interception is authorized by state or federal law.>
62-3 <(d) An offense under this section is a Class A misdemeanor,
62-4 unless the actor has been previously convicted under this section,
62-5 in which event the offense is a felony of the third degree.>
62-6 Sec. 16.03. Unlawful Use of Pen Register or Trap and Trace
62-7 Device. (a) Except as authorized by a court order obtained under
62-8 Article 18.21, Code of Criminal Procedure, or in an emergency under
62-9 the circumstances described and permitted under that article, a
62-10 person commits an offense if he knowingly installs or utilizes a
62-11 pen register or trap and trace device to record telephone numbers
62-12 dialed from or to a telephone instrument.
62-13 (b) In this section, "authorized peace officer,"
62-14 "communications common carrier," "pen register," and "trap and
62-15 trace device" have the meanings assigned by Article 18.21, Code of
62-16 Criminal Procedure.
62-17 (c) It is an exception to the application of Subsection (a)
62-18 <of this section> that an officer, employee, or agent of a
62-19 communications common carrier<, as defined by Article 18.21, Code
62-20 of Criminal Procedure> installs or utilizes a device or equipment
62-21 to record the numbers dialed from or to a telephone instrument in
62-22 the normal course of business of the carrier, for the protection of
62-23 property or services provided by the carrier, or assists an
62-24 authorized peace officer in executing an order issued under Article
62-25 18.21, Code of Criminal Procedure.
62-26 (d) It is an exception to the application of Subsection (a)
62-27 <of this section> that the installation or utilization of a pen
63-1 register or trap and trace device was made by an officer, agent, or
63-2 employee of a lawful enterprise while engaged in an activity that
63-3 is a necessary incident to the rendition of service or to the
63-4 protection of property of or services provided by the enterprise,
63-5 and was not made for the purpose of gathering information for a law
63-6 enforcement agency or private investigative agency, other than
63-7 information related to the theft of communication or information
63-8 services provided by the enterprise.
63-9 (e) An offense under this section is a state jail felony <of
63-10 the third degree>.
63-11 <(f) A pen register or trap and trace device used in
63-12 violation of this section is subject to seizure and may be
63-13 forfeited to the Department of Public Safety in the manner provided
63-14 for disposition of seized property by Article 18.18, Code of
63-15 Criminal Procedure.>
63-16 Sec. 16.04. Unlawful Access to Stored Communications. (a)
63-17 In this section, "electronic communication," "electronic storage,"
63-18 "user," and "wire communication" have the meanings assigned to
63-19 those terms in Article 18.21, Code of Criminal Procedure.
63-20 (b) A person commits an offense if the person obtains,
63-21 alters, or prevents authorized access to a wire or electronic
63-22 communication while the communication is in electronic storage by:
63-23 (1) intentionally obtaining access without
63-24 authorization to a facility through which a wire or electronic
63-25 communications service is provided; or
63-26 (2) intentionally exceeding an authorization for
63-27 access to a facility through which a wire or electronic
64-1 communications service is provided.
64-2 (c) Except as provided by Subsection (d) <of this section>,
64-3 an offense under Subsection (b) <of this section> is a Class A
64-4 misdemeanor.
64-5 (d) If committed to obtain a benefit or to harm another <for
64-6 purposes of commercial advantage, malicious destruction or damage,
64-7 or private commercial gain>, an offense is a state jail felony <of
64-8 the third degree>. <The amount of a fine that may be imposed for
64-9 an offense punished under this subsection, including an offense
64-10 punishable under this subsection but subject to enhanced penalties,
64-11 may be in any amount not to exceed $250,000.>
64-12 (e) It is an exception to the application of Subsection (b)
64-13 <of this section> that the conduct was authorized by:
64-14 (1) the provider of the wire or electronic
64-15 communications service;
64-16 (2) the user of the wire or electronic communications
64-17 service; or
64-18 (3) Article 18.21, Code of Criminal Procedure.
64-19 Sec. 16.05. Illegal Divulgence of Public Communications.
64-20 (a) In this section, "electronic communication," "electronic
64-21 communications service," and "electronic communications system"
64-22 have the meanings given those terms in Article 18.20, Code of
64-23 Criminal Procedure.
64-24 (b) Except as provided by Subsection (c) <of this section>,
64-25 a person who provides electronic communications service to the
64-26 public commits an offense if he intentionally divulges the contents
64-27 of a communication, other than a communication to that person or
65-1 that person's agent, while the communication is in transmission on
65-2 that service, to any person other than the addressee or the
65-3 intended recipient of the communication or the addressee's or
65-4 intended recipient's agent.
65-5 (c) A person who provides electronic communications service
65-6 to the public may divulge the contents of a communication:
65-7 (1) as authorized by federal or state law;
65-8 (2) to a person employed, authorized, or whose
65-9 facilities are used to forward the communication to the
65-10 communication's destination; or
65-11 (3) to a law enforcement agency if the contents were
65-12 obtained by the service provider and the contents appear to pertain
65-13 to the commission of a crime.
65-14 (d) Except as provided by Subsections (e) and (f) <of this
65-15 section>, an offense under Subsection (b) <of this section> is a
65-16 state jail felony <punishable by confinement in the Texas
65-17 Department of Corrections for a term of not more than five years or
65-18 a fine not to exceed $10,000, or both>.
65-19 (e) If committed for a tortious or illegal purpose or to
65-20 gain a benefit<, or for direct or indirect commercial advantage or
65-21 private commercial gain>, an offense under Subsection (b) <of this
65-22 section> that involves a radio communication that is not scrambled
65-23 or encrypted:
65-24 (1) is a Class A misdemeanor if the communication is
65-25 not the radio portion of a cellular telephone communication, a
65-26 public land mobile radio service communication, or a paging service
65-27 communication; or
66-1 (2) is a Class C misdemeanor <punishable by a fine of
66-2 not more than $500> if the communication is the radio portion of a
66-3 cellular telephone communication, a public and mobile radio service
66-4 or communication or a paging service communication.
66-5 (f)(1) A person who engages in conduct constituting an
66-6 offense under Subsection (b) <of this section> that is not for a
66-7 tortious or illegal purpose or for the purpose of direct or
66-8 indirect commercial advantage or private commercial gain and
66-9 involves a radio communication that is transmitted on frequencies
66-10 allocated under Subpart D or Part 74 of the rules of the Federal
66-11 Communications Commission and that is not scrambled or encrypted
66-12 shall be subject to suit by the federal or state government in a
66-13 court of competent jurisdiction for appropriate injunctive relief.
66-14 If it is shown on the trial of the civil suit that the defendant
66-15 has been convicted of an offense under Subsection (b) or that the
66-16 defendant has been found liable in a civil action under Article
66-17 18.20, Code of Criminal Procedure, in addition to granting
66-18 injunctive relief the court shall impose a civil penalty of $500 on
66-19 the defendant.
66-20 (2) A court may use any means within the court's
66-21 authority to enforce an injunction issued under Subdivision (1)
66-22 <(2) of this subsection> and shall impose a fine as for contempt of
66-23 court of not less than $500 for each violation of the injunction.
66-24 TITLE 5. OFFENSES AGAINST THE PERSON
66-25 CHAPTER 19. CRIMINAL HOMICIDE
66-26 Sec. 19.01. Types of Criminal Homicide. (a) A person
66-27 commits criminal homicide if he intentionally, knowingly,
67-1 recklessly, or with criminal negligence causes the death of an
67-2 individual.
67-3 (b) Criminal homicide is murder, capital murder, <voluntary
67-4 manslaughter, involuntary> manslaughter, or criminally negligent
67-5 homicide.
67-6 Sec. 19.02. Murder. (a) In this section:
67-7 (1) "Adequate cause" means cause that would commonly
67-8 produce a degree of anger, rage, resentment, or terror in a person
67-9 of ordinary temper, sufficient to render the mind incapable of cool
67-10 reflection.
67-11 (2) "Sudden passion" means passion directly caused by
67-12 and arising out of provocation by the individual killed or another
67-13 acting with the person killed which passion arises at the time of
67-14 the offense and is not solely the result of former provocation.
67-15 (b) A person commits an offense if he:
67-16 (1) intentionally or knowingly causes the death of an
67-17 individual;
67-18 (2) intends to cause serious bodily injury and commits
67-19 an act clearly dangerous to human life that causes the death of an
67-20 individual; or
67-21 (3) commits or attempts to commit a felony, other than
67-22 <voluntary or involuntary> manslaughter, and in the course of and
67-23 in furtherance of the commission or attempt, or in immediate flight
67-24 from the commission or attempt, he commits or attempts to commit an
67-25 act clearly dangerous to human life that causes the death of an
67-26 individual.
67-27 (c) Except as provided by Subsection (d), an <(b) An>
68-1 offense under this section is a felony of the first degree.
68-2 (d) At the punishment stage of a trial, the defendant may
68-3 raise the issue as to whether he caused the death under the
68-4 immediate influence of sudden passion arising from an adequate
68-5 cause. If the defendant proves the issue in the affirmative by a
68-6 preponderance of the evidence, the offense is a felony of the
68-7 second degree.
68-8 Sec. 19.03. Capital Murder. (a) A person commits an
68-9 offense if he commits murder as defined under Section 19.02(a)(1)
68-10 <of this code> and:
68-11 (1) the person murders a peace officer or fireman who
68-12 is acting in the lawful discharge of an official duty and who the
68-13 person knows is a peace officer or fireman;
68-14 (2) the person intentionally commits the murder in the
68-15 course of committing or attempting to commit kidnapping, burglary,
68-16 robbery, aggravated sexual assault, <or> arson, or obstruction or
68-17 retaliation;
68-18 (3) the person commits the murder for remuneration or
68-19 the promise of remuneration or employs another to commit the murder
68-20 for remuneration or the promise of remuneration;
68-21 (4) the person commits the murder while escaping or
68-22 attempting to escape from a penal institution;
68-23 (5) the person, while incarcerated in a penal
68-24 institution, murders another who is employed in the operation of
68-25 the penal institution; or
68-26 (6) the person murders more than one person:
68-27 (A) during the same criminal transaction; or
69-1 (B) during different criminal transactions but
69-2 the murders are committed pursuant to the same scheme or course of
69-3 conduct.
69-4 (b) An offense under this section is a capital felony.
69-5 (c) If the jury or, when authorized by law, the judge does
69-6 not find beyond a reasonable doubt that the defendant is guilty of
69-7 an offense under this section, he may be convicted of murder or of
69-8 any other lesser included offense.
69-9 Sec. 19.04. <VOLUNTARY MANSLAUGHTER. (a) A person commits
69-10 an offense if he causes the death of an individual under
69-11 circumstances that would constitute murder under Section 19.02 of
69-12 this code, except that he caused the death under the immediate
69-13 influence of sudden passion arising from an adequate cause.>
69-14 <(b) "Sudden passion" means passion directly caused by and
69-15 arising out of provocation by the individual killed or another
69-16 acting with the person killed which passion arises at the time of
69-17 the offense and is not solely the result of former provocation.>
69-18 <(c) "Adequate cause" means cause that would commonly
69-19 produce a degree of anger, rage, resentment, or terror in a person
69-20 of ordinary temper, sufficient to render the mind incapable of cool
69-21 reflection.>
69-22 <(d) An offense under this section is a felony of the second
69-23 degree.>
69-24 <Sec. 19.05. INVOLUNTARY> MANSLAUGHTER. (a) A person
69-25 commits an offense if he<:>
69-26 <(1)> recklessly causes the death of an individual<;
69-27 or>
70-1 <(2) by accident or mistake when operating a motor
70-2 vehicle, airplane, helicopter, or boat while intoxicated and, by
70-3 reason of such intoxication, causes the death of an individual.>
70-4 <(b) For purposes of this section, "intoxicated" has the
70-5 meaning assigned that term by Subsection (a), Article 6701l-1,
70-6 Revised Statutes>.
70-7 (b) <(c)> An offense under this section is a felony of the
70-8 second <third> degree.
70-9 <Sec. 19.06. EVIDENCE. (a) In all prosecutions for murder
70-10 or voluntary manslaughter, the state or the defendant shall be
70-11 permitted to offer testimony as to all relevant facts and
70-12 circumstances surrounding the killing and the previous relationship
70-13 existing between the accused and the deceased, together with all
70-14 relevant facts and circumstances going to show the condition of the
70-15 mind of the accused at the time of the offense.>
70-16 <(b) In a prosecution for murder or manslaughter, if a
70-17 defendant raises as a defense a justification provided by Section
70-18 9.31, 9.32, or 9.33 of this code, the defendant, in order to
70-19 establish the defendant's reasonable belief that use of force or
70-20 deadly force was immediately necessary, shall be permitted to
70-21 offer:>
70-22 <(1) relevant evidence that the defendant had been the
70-23 victim of acts of family violence committed by the deceased, as
70-24 family violence is defined by Section 71.01, Family Code; and>
70-25 <(2) relevant expert testimony regarding the condition
70-26 of the mind of the defendant at the time of the offense, including
70-27 those relevant facts and circumstances relating to family violence
71-1 that are the basis of the expert's opinion.>
71-2 Sec. 19.05 <19.07>. CRIMINALLY NEGLIGENT HOMICIDE. (a) A
71-3 person commits an offense if he causes the death of an individual
71-4 by criminal negligence.
71-5 (b) An offense under this section is a state jail felony
71-6 <Class A misdemeanor>.
71-7 CHAPTER 20. KIDNAPPING AND FALSE IMPRISONMENT
71-8 Sec. 20.01. DEFINITIONS. In this chapter:
71-9 (1) "Restrain" means to restrict a person's movements
71-10 without consent, so as to interfere substantially with his liberty,
71-11 by moving him from one place to another or by confining him.
71-12 Restraint is "without consent" if it is accomplished by:
71-13 (A) force, intimidation, or deception; or
71-14 (B) any means, including acquiescence of the
71-15 victim, if he is a child less than 14 years of age or an
71-16 incompetent person and the parent, guardian, or person or
71-17 institution acting in loco parentis has not acquiesced in the
71-18 movement or confinement.
71-19 (2) "Abduct" means to restrain a person with intent to
71-20 prevent his liberation by:
71-21 (A) secreting or holding him in a place where he
71-22 is not likely to be found; or
71-23 (B) using or threatening to use deadly force.
71-24 (3) "Relative" means a parent or stepparent, ancestor,
71-25 sibling, or uncle or aunt, including an adoptive relative of the
71-26 same degree through marriage or adoption.
71-27 Sec. 20.02. FALSE IMPRISONMENT. (a) A person commits an
72-1 offense if he intentionally or knowingly restrains another person.
72-2 (b) It is an affirmative defense to prosecution under this
72-3 section that:
72-4 (1) the person restrained was a child younger <less>
72-5 than 14 years of age;
72-6 (2) the actor was a relative of the child; and
72-7 (3) the actor's sole intent was to assume lawful
72-8 control of the child.
72-9 (c) An offense under this section is a Class B misdemeanor
72-10 unless the actor recklessly exposes the victim to a substantial
72-11 risk of serious bodily injury, in which event it is a felony of the
72-12 third degree.
72-13 (d) It is no offense to detain or move another under this
72-14 section when it is for the purpose of effecting a lawful arrest or
72-15 detaining an individual lawfully arrested.
72-16 Sec. 20.03. KIDNAPPING. (a) A person commits an offense if
72-17 he intentionally or knowingly abducts another person.
72-18 (b) It is an affirmative defense to prosecution under this
72-19 section that:
72-20 (1) the abduction was not coupled with intent to use
72-21 or to threaten to use deadly force;
72-22 (2) the actor was a relative of the person abducted;
72-23 and
72-24 (3) the actor's sole intent was to assume lawful
72-25 control of the victim.
72-26 (c) An offense under this section is a felony of the third
72-27 degree.
73-1 Sec. 20.04. AGGRAVATED KIDNAPPING. (a) A person commits an
73-2 offense if he intentionally or knowingly abducts another person
73-3 with the intent to:
73-4 (1) hold him for ransom or reward;
73-5 (2) use him as a shield or hostage;
73-6 (3) facilitate the commission of a felony or the
73-7 flight after the attempt or commission of a felony;
73-8 (4) inflict bodily injury on him or violate or abuse
73-9 him sexually;
73-10 (5) terrorize him or a third person; or
73-11 (6) interfere with the performance of any governmental
73-12 or political function.
73-13 (b) Except as provided by Subsection (c), an <An> offense
73-14 under this section is a felony of the first degree <unless the
73-15 actor voluntarily releases the victim alive and in a safe place, in
73-16 which event it is a felony of the second degree>.
73-17 (c) At the punishment stage of a trial, the defendant may
73-18 raise the issue as to whether he voluntarily released the victim in
73-19 a safe place. If the defendant proves the issue in the affirmative
73-20 by a preponderance of the evidence, the offense is a felony of the
73-21 second degree.
73-22 CHAPTER 21. SEXUAL OFFENSES
73-23 Sec. 21.01. DEFINITIONS. In this chapter:
73-24 (1) "Deviate sexual intercourse" means:
73-25 (A) any contact between any part of the genitals
73-26 of one person and the mouth or anus of another person; or
73-27 (B) the penetration of the genitals or the anus
74-1 of another person with an object.
74-2 (2) "Sexual contact" means any touching of the anus,
74-3 breast, or any part of the genitals of another person with intent
74-4 to arouse or gratify the sexual desire of any person.
74-5 (3) "Sexual intercourse" means any penetration of the
74-6 female sex organ by the male sex organ.
74-7 <Sec. 21.06. HOMOSEXUAL CONDUCT. (a) A person commits an
74-8 offense if he engages in deviate sexual intercourse with another
74-9 individual of the same sex.>
74-10 <(b) An offense under this section is a Class C
74-11 misdemeanor.>
74-12 Sec. 21.02 <21.07>. PUBLIC LEWDNESS. (a) A person commits
74-13 an offense if he knowingly engages in any of the following acts in
74-14 a public place or, if not in a public place, he is reckless about
74-15 whether another is present who will be offended or alarmed by his
74-16 <act>:
74-17 (1) <an> act of sexual intercourse;
74-18 (2) <an> act of deviate sexual intercourse;
74-19 (3) <an> act of sexual contact; or
74-20 (4) <an> act involving contact between the person's
74-21 mouth or genitals and the anus or genitals of an animal or fowl.
74-22 (b) An offense under this section is a Class A misdemeanor.
74-23 Sec. 21.03 <21.08>. INDECENT EXPOSURE. (a) A person
74-24 commits an offense if he exposes his anus or any part of his
74-25 genitals with intent to arouse or gratify the sexual desire of any
74-26 person, and he is reckless about whether another is present who
74-27 will be offended or alarmed by his act.
75-1 (b) An offense under this section is a Class B misdemeanor.
75-2 Sec. 21.04 <21.11>. INDECENCY WITH A CHILD. (a) A person
75-3 commits an offense if, with a child younger than 17 years and not
75-4 his spouse, whether the child is of the same or opposite sex, he:
75-5 (1) engages in sexual contact with the child; or
75-6 (2) exposes his anus or any part of his genitals,
75-7 knowing the child is present, with intent to arouse or gratify the
75-8 sexual desire of any person.
75-9 (b) It is a defense to prosecution under this section that:
75-10 (1) the child was at the time of the alleged offense
75-11 14 years or older;
75-12 (2) the actor reasonably believed that the child was
75-13 17 years of age or older; and
75-14 (3) the actor did not use duress, force, or threat
75-15 against the child at the time of the commission of the offense <and
75-16 had, prior to the time of the alleged offense, engaged
75-17 promiscuously in:>
75-18 <(1) sexual intercourse;>
75-19 <(2) deviate sexual intercourse;>
75-20 <(3) sexual contact; or>
75-21 <(4) indecent exposure as defined in Subsection (a)(2)
75-22 of this section>.
75-23 (c) It is an affirmative defense to prosecution under this
75-24 section that the actor:
75-25 (1) was not more than three <two> years older than the
75-26 victim and of the opposite sex; and
75-27 (2) did not use duress, force, or a threat against the
76-1 victim at the time of the offense.
76-2 (d) An offense under Subsection (a)(1) <of this section> is
76-3 a felony of the second degree and an offense under Subsection
76-4 (a)(2) <of this section> is a felony of the third degree.
76-5 CHAPTER 22. ASSAULTIVE OFFENSES
76-6 Sec. 22.01. Assault. (a) A person commits an offense if
76-7 the person:
76-8 (1) intentionally, knowingly, or recklessly causes
76-9 bodily injury to another<, including the person's spouse>; <or>
76-10 (2) intentionally or knowingly threatens another with
76-11 imminent bodily injury<, including the person's spouse>; or
76-12 (3) intentionally or knowingly causes physical contact
76-13 with another when the person knows or should reasonably believe
76-14 that the other will regard the contact as offensive or provocative.
76-15 (b) An offense under Subsection (a)(1) <of this section> is
76-16 a Class A misdemeanor <unless:>
76-17 <(1) the offense is committed by the owner or an
76-18 employee of an institution described in Section 242.002(6), Health
76-19 and Safety Code, or a person providing medical or psychiatric
76-20 treatment at an institution described in that section, and the
76-21 offense is committed by causing bodily injury to a patient or
76-22 resident of an institution described in that section, in which
76-23 event the offense is a felony of the third degree;>
76-24 <(2) the offense is committed by the owner or an
76-25 employee of a facility, except a facility operated by the Texas
76-26 Youth Commission or the Texas Department of Corrections, described
76-27 in Section 242.003(a)(6), Health and Safety Code, or a person
77-1 providing medical or psychiatric treatment at a facility, except a
77-2 facility operated by the Texas Youth Commission or the Texas
77-3 Department of Corrections, described in that section, and the
77-4 offense is committed by causing bodily injury to a patient or
77-5 resident of a facility, except a facility operated by the Texas
77-6 Youth Commission or the Texas Department of Corrections, described
77-7 in that section, in which event the offense is a felony of the
77-8 third degree; or>
77-9 <(3) the offense is committed against a family member
77-10 and the actor has been previously convicted under this section for
77-11 an offense against a family member two or more times, in which
77-12 event the offense is a felony of the third degree>.
77-13 (c) An offense under Subsection (a)(2) <of this section> is
77-14 a Class B <C> misdemeanor <unless:>
77-15 <(1) the offense is committed by the owner or an
77-16 employee of an institution described in Section 242.002(6), Health
77-17 and Safety Code, or a person providing medical or psychiatric
77-18 treatment at an institution described in that section, and the
77-19 offense is committed by threatening a patient or resident of an
77-20 institution described in that section with bodily injury, in which
77-21 event the offense is a Class B misdemeanor; or>
77-22 <(2) the offense is committed by the owner or an
77-23 employee of a facility, except a facility operated by the Texas
77-24 Youth Commission or the Texas Department of Corrections, described
77-25 in Section 242.003(a)(6), Health and Safety Code, or a person
77-26 providing medical or psychiatric treatment at a facility, except a
77-27 facility operated by the Texas Youth Commission or the Texas
78-1 Department of Corrections, described in that section, and the
78-2 offense is committed by threatening a patient or resident of a
78-3 facility, except a facility operated by the Texas Youth Commission
78-4 or the Texas Department of Corrections, described in that section
78-5 with bodily injury, in which event the offense is a Class B
78-6 misdemeanor; or>
78-7 <(2) the offense is committed by the owner or an
78-8 employee of a facility, except a facility operated by the Texas
78-9 Youth Commission or the institutional division of the Texas
78-10 Department of Criminal Justice, described in Section 242.002,
78-11 Health and Safety Code, or a person providing medical or
78-12 psychiatric treatment at a facility, except a facility operated by
78-13 the Texas Youth Commission or the institutional division, described
78-14 in that section, and the offense is committed by threatening a
78-15 patient or resident of a facility, except a facility operated by
78-16 the Texas Youth Commission or the institutional division, described
78-17 in that section with bodily injury, in which event the offense is a
78-18 Class B misdemeanor;>
78-19 <(3) the offense is committed against a classroom
78-20 teacher, counselor, principal, or other similar instructional or
78-21 administrative employee of a primary or secondary school accredited
78-22 by the Texas Education Agency, other than the Windham Schools,
78-23 while engaged in performing his educational duties, in which event
78-24 the offense is a Class B misdemeanor; or>
78-25 <(4) the offense is committed against a family member
78-26 and the actor has been previously convicted under this section for
78-27 an offense against a family member:>
79-1 <(A) one time, in which event the offense is a
79-2 Class B misdemeanor;>
79-3 <(B) two times, in which event the offense is a
79-4 Class A misdemeanor; or>
79-5 <(C) more than two times, in which event the
79-6 offense is a felony of the third degree>.
79-7 (d) An offense under Subsection (a)(3) <of this section> is
79-8 a Class C misdemeanor <unless:>
79-9 <(1) the offense is committed against a classroom
79-10 teacher, counselor, principal, or other similar instructional or
79-11 administrative employee of a primary or secondary school accredited
79-12 by the Texas Education Agency while engaged in performing his
79-13 educational duties, in which event the offense is a Class B
79-14 misdemeanor; or>
79-15 <(2) the offense is committed against a family member
79-16 and the actor has been previously convicted under this section for
79-17 an offense against a family member:>
79-18 <(A) one time, in which event the offense is a
79-19 Class B misdemeanor;>
79-20 <(B) two times, in which event the offense is a
79-21 Class A misdemeanor; or>
79-22 <(C) more than two times, in which event the
79-23 offense is a felony of the third degree.>
79-24 <(e) In this section, "family" has the meaning assigned by
79-25 Section 71.01, Family Code>.
79-26 Sec. 22.011. Sexual Assault. (a) A person commits an
79-27 offense if the person:
80-1 (1) intentionally or knowingly:
80-2 (A) causes the penetration of the anus or female
80-3 sexual organ of another person by any means, without that person's
80-4 consent;
80-5 (B) causes the penetration of the mouth of
80-6 another person by the sexual organ of the actor, without that
80-7 person's consent; or
80-8 (C) causes the sexual organ of another person,
80-9 without that person's consent, to contact or penetrate the mouth,
80-10 anus, or sexual organ of another person, including the actor; or
80-11 (2) intentionally or knowingly:
80-12 (A) causes the penetration of the anus or female
80-13 sexual organ of a child by any means;
80-14 (B) causes the penetration of the mouth of a
80-15 child by the sexual organ of the actor;
80-16 (C) causes the sexual organ of a child to
80-17 contact or penetrate the mouth, anus, or sexual organ of another
80-18 person, including the actor; or
80-19 (D) causes the anus of a child to contact the
80-20 mouth, anus, or sexual organ of another person, including the
80-21 actor.
80-22 (b) A sexual assault under Subsection (a)(1) <of this
80-23 section> is without the consent of the other person if:
80-24 (1) the actor compels the other person to submit or
80-25 participate by the use of physical force or violence;
80-26 (2) the actor compels the other person to submit or
80-27 participate by threatening to use force or violence against the
81-1 other person, and the other person believes that the actor has the
81-2 present ability to execute the threat;
81-3 (3) the other person has not consented and the actor
81-4 knows the other person is unconscious or physically unable to
81-5 resist;
81-6 (4) the actor knows that as a result of mental disease
81-7 or defect the other person is at the time of the sexual assault
81-8 incapable either of appraising the nature of the act or of
81-9 resisting it;
81-10 (5) the other person has not consented and the actor
81-11 knows the other person is unaware that the sexual assault is
81-12 occurring;
81-13 (6) the actor has intentionally impaired the other
81-14 person's power to appraise or control the other person's conduct by
81-15 administering any substance without the other person's knowledge;
81-16 <or>
81-17 (7) the actor compels the other person to submit or
81-18 participate by threatening to use force or violence against any
81-19 person, and the other person believes that the actor has the
81-20 ability to execute the threat; or
81-21 (8) the actor is a public servant who coerces the
81-22 other person to submit or participate.
81-23 (c) In this section:
81-24 (1) "Child" means a person younger than 17 years of
81-25 age who is not the spouse of the actor.
81-26 (2) "Coercion" means:
81-27 (A) unlawfully taking or withholding, or
82-1 threatening to unlawfully take or withhold, action as a public
82-2 servant; or
82-3 (B) threatening or causing a public servant to
82-4 unlawfully take or withhold action.
82-5 (3) "Spouse" means a person who is legally married to
82-6 another, except that persons married to each other are not treated
82-7 as spouses if they do not reside together or if there is an action
82-8 pending between them for dissolution of the marriage or for
82-9 separate maintenance.
82-10 (d) It is a defense to prosecution under Subsection (a)(2)
82-11 <of this section> that<:>
82-12 <(1) the child was at the time of the offense 14 years
82-13 of age or older and had prior to the time of the offense engaged
82-14 promiscuously in conduct described in that subsection; or>
82-15 <(2)> the conduct consisted of medical care for the
82-16 child and did not include any contact between the anus or sexual
82-17 organ of the child and the mouth, anus, or sexual organ of the
82-18 actor or a third party.
82-19 (e) It is an affirmative defense to prosecution under
82-20 Subsection (a)(2) <of this section> that the actor was not more
82-21 than three <two> years older than the victim, and the victim was a
82-22 child of 14 years of age or older.
82-23 (f) An offense under this section is a felony of the second
82-24 degree.
82-25 <(g) A prosecution against a spouse under this section
82-26 requires a showing of bodily injury or the threat of bodily injury.>
82-27 <Sec. 22.012. INTENTIONALLY EXPOSING ANOTHER TO AIDS OR HIV.
83-1 (a) A person commits an offense if the person, knowing that he or
83-2 she has AIDS or is a carrier of HIV and with intent to cause
83-3 serious bodily injury or death, intentionally engages in conduct
83-4 reasonably likely to result in the transfer of the actor's own
83-5 blood, bodily fluids containing visible blood, semen, or vaginal
83-6 secretions into the bloodstream of another, or through the other
83-7 person's skin or other membrane, except during in utero
83-8 transmission of blood or bodily fluids, and:>
83-9 <(1) the other person did not consent to the transfer
83-10 of blood, bodily fluids containing blood, semen, or vaginal
83-11 secretions; or>
83-12 <(2) the other person consented to the transfer but at
83-13 the time of giving consent had not been informed by the actor that
83-14 the actor had AIDS or was a carrier of HIV.>
83-15 <(b) In this section, "AIDS" and "HIV" have the meanings
83-16 assigned by Section 81.101, Health and Safety Code.>
83-17 <(c) An offense under this section is a felony of the third
83-18 degree.>
83-19 Sec. 22.02. Aggravated Assault. (a) A person commits an
83-20 offense if the person commits assault as defined in Section 22.01
83-21 <of this code> and the person:
83-22 (1) causes serious bodily injury to another<,
83-23 including the person's spouse>; or
83-24 (2) <threatens with a deadly weapon or threatens to
83-25 cause bodily injury or causes bodily injury to a member of the
83-26 Board of Pardons and Paroles or the Texas Board of Criminal
83-27 Justice, an employee of the pardons and paroles division of the
84-1 Texas Department of Criminal Justice, an employee of the Windham
84-2 Schools, a peace officer, or a jailer, guard, or other employee of
84-3 a municipal or county jail, the institutional division of the Texas
84-4 Department of Criminal Justice, or a correctional facility
84-5 authorized by Subchapter F, Chapter 351, Local Government Code or
84-6 Chapter 495, Government Code, when the person knows or has been
84-7 informed the person assaulted is a member of the Board of Pardons
84-8 and Paroles or the Texas Board of Criminal Justice, an employee of
84-9 the pardons and paroles division, an employee of the Windham
84-10 Schools, a peace officer, or a jailer, guard, or other employee:>
84-11 <(A) while the member of the Board of Pardons
84-12 and Paroles or Texas Board of Criminal Justice, employee of the
84-13 pardons and paroles division, employee of the Windham Schools,
84-14 peace officer, jailer, guard, or other employee is lawfully
84-15 discharging an official duty; or>
84-16 <(B) in retaliation for or on account of an
84-17 exercise of official power or performance of an official duty as a
84-18 member of the Board of Pardons and Paroles or Texas Board of
84-19 Criminal Justice, an employee of the pardons and paroles division,
84-20 an employee of the Windham Schools, a peace officer, or a jailer,
84-21 guard, or other employee; or>
84-22 <(3) causes bodily injury to a participant in a court
84-23 proceeding when the person knows or has been informed the person
84-24 assaulted is a participant in a court proceeding:>
84-25 <(A) while the injured person is lawfully
84-26 discharging an official duty; or>
84-27 <(B) in retaliation for or on account of the
85-1 injured person's having exercised an official power or performed an
85-2 official duty as a participant in a court proceeding; or>
85-3 <(4)> uses or exhibits a deadly weapon during the
85-4 commission of the assault.
85-5 (b) <The actor is presumed to have known the person
85-6 assaulted was a peace officer if he was wearing a distinctive
85-7 uniform indicating his employment as a peace officer.>
85-8 <(c)> An offense under this section is a felony of the
85-9 second <third> degree, except that <unless the offense is committed
85-10 under Subdivision (2) of Subsection (a) of this section and the
85-11 person uses a deadly weapon, in which event> the offense is a
85-12 felony of the first degree if the offense is committed:
85-13 (1) by a public servant acting under color of the
85-14 servant's office or employment;
85-15 (2) against a person the actor knows is a public
85-16 servant while the public servant is lawfully discharging an
85-17 official duty, or in retaliation or on account of an exercise of
85-18 official power or performance of an official duty as a public
85-19 servant; or
85-20 (3) in retaliation against or on account of the
85-21 service of another as a witness, prospective witness, informant, or
85-22 person who has reported the occurrence of a crime.
85-23 (c) The actor is presumed to have known the person assaulted
85-24 was a public servant if the person was wearing a distinctive
85-25 uniform or badge indicating the person's employment as a public
85-26 servant.
85-27 <(d) A person commits an offense if the person commits
86-1 assault as defined in Section 22.01 of this code and the person
86-2 threatens with a deadly weapon or causes serious bodily injury to
86-3 an officer employed by a community supervision and corrections
86-4 department, an employee of a community corrections facility
86-5 operated by or for a community supervision and corrections
86-6 department and listed in Section 6, Article 42.13, Code of Criminal
86-7 Procedure, a juvenile probation officer, or an employee of a
86-8 juvenile probation department or a juvenile detention center:>
86-9 <(1) while the officer or employee is acting in the
86-10 lawful discharge of an official duty; or>
86-11 <(2) in retaliation for or on account of an exercise
86-12 of official power or performance of an official duty by the officer
86-13 or employee.>
86-14 Sec. 22.021. Aggravated Sexual Assault. (a) A person
86-15 commits an offense:
86-16 (1) if the person:
86-17 (A) intentionally or knowingly:
86-18 (i) causes the penetration of the anus or
86-19 female sexual organ of another person by any means, without that
86-20 person's consent;
86-21 (ii) causes the penetration of the mouth
86-22 of another person by the sexual organ of the actor, without that
86-23 person's consent; or
86-24 (iii) causes the sexual organ of another
86-25 person, without that person's consent, to contact or penetrate the
86-26 mouth, anus, or sexual organ of another person, including the
86-27 actor; or
87-1 (B) intentionally or knowingly:
87-2 (i) causes the penetration of the anus or
87-3 female sexual organ of a child by any means;
87-4 (ii) causes the penetration of the mouth
87-5 of a child by the sexual organ of the actor;
87-6 (iii) causes the sexual organ of a child
87-7 to contact or penetrate the mouth, anus, or sexual organ of another
87-8 person, including the actor; or
87-9 (iv) causes the anus of a child to contact
87-10 the mouth, anus, or sexual organ of another person, including the
87-11 actor; and
87-12 (2) if:
87-13 (A) the person:
87-14 (i) causes serious bodily injury or
87-15 attempts to cause the death of the victim or another person in the
87-16 course of the same criminal episode;
87-17 (ii) by acts or words places the victim in
87-18 fear that death, serious bodily injury, or kidnapping will be
87-19 imminently inflicted on any person;
87-20 (iii) by acts or words occurring in the
87-21 presence of the victim threatens to cause the death, serious bodily
87-22 injury, or kidnapping of any person; or
87-23 (iv) uses or exhibits a deadly weapon in
87-24 the course of the same criminal episode; or
87-25 (B) the victim is younger than 14 years of age.
87-26 (b) In this section, "child" has the meaning assigned that
87-27 term by Section 22.011(c) <of this code>.
88-1 (c) An aggravated sexual assault under this section is
88-2 without the consent of the other person if the aggravated sexual
88-3 assault occurs under the same circumstances listed in Section
88-4 22.011(b) <of this code>.
88-5 (d) <The defense provided by Section 22.011(d)(1) of this
88-6 code and the affirmative defense provided by Section 22.011(e) of
88-7 this code do not apply to this section.> The defense provided by
88-8 Section 22.011(d) applies <(d)(2) of this section does apply> to
88-9 this section.
88-10 (e) An offense under this section is a felony of the first
88-11 degree.
88-12 <Sec. 22.03. DEADLY ASSAULT ON LAW ENFORCEMENT OR
88-13 CORRECTIONS OFFICER, MEMBER OR EMPLOYEE OF BOARD OF PARDONS AND
88-14 PAROLES, COURT PARTICIPANT, PROBATION PERSONNEL, OR EMPLOYEE OF
88-15 TEXAS YOUTH COMMISSION. (a) A person commits an offense if, with
88-16 a deadly weapon, he intentionally or knowingly causes serious
88-17 bodily injury:>
88-18 <(1) to a peace officer, a jailer, a guard, or other
88-19 employee of a municipal or county jail, the institutional division
88-20 of the Texas Department of Criminal Justice, or a correctional
88-21 facility authorized by Subchapter F, Chapter 351, Local Government
88-22 Code, or Chapter 495, Government Code, a member of the Board of
88-23 Pardons and Paroles or the Texas Board of Criminal Justice, an
88-24 employee of the Windham Schools, or an employee of the pardons and
88-25 paroles division of the Texas Department of Criminal Justice, where
88-26 he knows or has been informed the person assaulted is a peace
88-27 officer, jailer, guard, other employee, member of the Board of
89-1 Pardons and Paroles or the Texas Board of Criminal Justice,
89-2 employee of the Windham Schools, or employee of the pardons and
89-3 paroles division:>
89-4 <(A) while the peace officer, jailer, guard,
89-5 other employee, member of the Board of Pardons and Paroles or the
89-6 Texas Board of Criminal Justice, or employee of the pardons and
89-7 paroles division is acting in the lawful discharge of an official
89-8 duty; or>
89-9 <(B) in retaliation for or on account of an
89-10 exercise of official power or performance of an official duty as a
89-11 peace officer, jailer, guard, other employee, member of the Board
89-12 of Pardons and Paroles or the Texas Board of Criminal Justice,
89-13 employee of the Windham Schools, or employee of the pardons and
89-14 paroles division; or>
89-15 <(2) to a participant in a court proceeding when he
89-16 knows or has been informed that the person assaulted is a
89-17 participant in a court proceeding:>
89-18 <(A) while the injured person is in the lawful
89-19 discharge of official duty; or>
89-20 <(B) in retaliation for or on account of the
89-21 injured person's having exercised an official power or performed an
89-22 official duty as a participant in a court proceeding.>
89-23 <(b) The actor is presumed to have known the person
89-24 assaulted was a peace officer if he was wearing a distinctive
89-25 uniform indicating his employment as a peace officer.>
89-26 <(c) An offense under this section is a felony of the first
89-27 degree.>
90-1 <(d) A person commits an offense if, with a deadly weapon,
90-2 the person intentionally or knowingly causes serious bodily injury
90-3 to an officer employed by a community supervision and corrections
90-4 department, an employee of a community corrections facility
90-5 operated by or for a community supervision and corrections
90-6 department and listed in Section 6, Article 42.13, Code of Criminal
90-7 Procedure, a juvenile probation officer, or an employee of a
90-8 juvenile probation department or a juvenile detention center:>
90-9 <(1) while the officer or employee is acting in the
90-10 lawful discharge of an official duty; or>
90-11 <(2) in retaliation for or on account of an exercise
90-12 of official power or performance of an official duty by the officer
90-13 or employee.>
90-14 <(e) A person commits an offense if, with a deadly weapon,
90-15 the person intentionally or knowingly causes serious bodily injury
90-16 to an employee of the Texas Youth Commission:>
90-17 <(1) while the employee is acting in the lawful
90-18 discharge of an official duty; or>
90-19 <(2) in retaliation for or on account of an exercise
90-20 of official power or performance of an official duty by the
90-21 employee.>
90-22 Sec. 22.04. Injury to a Child, Elderly Individual, or
90-23 Invalid. (a) A person commits an offense if he intentionally,
90-24 knowingly, recklessly, or with criminal negligence, by act or
90-25 intentionally, knowingly, or recklessly by omission, causes to a
90-26 child, elderly individual, or invalid individual:
90-27 (1) serious bodily injury;
91-1 (2) serious <physical or> mental deficiency, <or>
91-2 impairment, or injury; or
91-3 (3) <disfigurement or deformity; or>
91-4 <(4)> bodily injury.
91-5 (b) An omission that causes a condition described by
91-6 Subsections (a)(1) through (a)(3) <(a)(4) of this section> is
91-7 conduct constituting an offense under this section if:
91-8 (1) the actor has a legal or statutory duty to act; or
91-9 (2) the actor has assumed care, custody, or control of
91-10 a child, elderly individual, or invalid individual.
91-11 (c) In this section:
91-12 (1) "Child" means a person 14 years of age or younger.
91-13 (2) "Elderly individual" means a person 65 years of
91-14 age or older.
91-15 (3) "Invalid individual" means a person older than 14
91-16 years of age who by reason of age or physical or mental disease,
91-17 defect, or injury is substantially unable to protect himself from
91-18 harm or to provide food, shelter, or medical care for himself.
91-19 (d) The actor has assumed care, custody, or control if he
91-20 has by act, words, or course of conduct acted so as to cause a
91-21 reasonable person to conclude that he has accepted responsibility
91-22 for protection, food, shelter, and medical care for a child,
91-23 elderly individual, or invalid individual.
91-24 (e) An offense under Subsection (a)(1) or<,> (2)<, or (3) of
91-25 this section> is a felony of the first degree when the conduct is
91-26 committed intentionally or knowingly. When the conduct is engaged
91-27 in recklessly it shall be a felony of the second <third> degree.
92-1 (f) An offense under Subsection (a)(3) <(a)(4) of this
92-2 section> is a felony of the third degree when the conduct is
92-3 committed intentionally or knowingly. When the conduct is engaged
92-4 in recklessly it shall be a state jail felony <Class A
92-5 misdemeanor>.
92-6 (g) An offense under Subsection (a) <of this section> when
92-7 the person acts with criminal negligence shall be a state jail
92-8 felony <Class A misdemeanor>.
92-9 (h) A person who is subject to prosecution under both this
92-10 section and another section of this code may be prosecuted under
92-11 either or both sections. Section 3.04 <of this code> does not
92-12 apply to criminal episodes prosecuted under both this section and
92-13 another section of this code. If a criminal episode is prosecuted
92-14 under both this section and another section of this code and
92-15 sentences are assessed for convictions under both sections, the
92-16 sentences shall run concurrently.
92-17 (i) It is an affirmative defense to prosecution under
92-18 Subsection (b)(2) <of this section> that before the offense the
92-19 actor:
92-20 (1) notified in person the child, elderly individual,
92-21 or invalid individual that he would no longer provide any of the
92-22 care described by Subsection (d) <of this section>; and
92-23 (2) notified in writing the parents or person other
92-24 than himself acting in loco parentis to the child, elderly
92-25 individual, or invalid individual that he would no longer provide
92-26 any of the care described by Subsection (d) <of this section>; or
92-27 (3) notified in writing the Texas Department of Human
93-1 Services that he would no longer provide any of the care set forth
93-2 in Subsection (d) <of this section>.
93-3 (j) Written notification under Subsection (i)(2) or (i)(3)
93-4 <of this section> is not effective unless it contains the name and
93-5 address of the actor, the name and address of the child, elderly
93-6 individual, or invalid individual, the type of care provided by the
93-7 actor, and the date the care was discontinued.
93-8 (k)(1) It is a defense to prosecution under this section
93-9 that the act or omission consisted of:
93-10 (A) reasonable medical care occurring under the
93-11 direction of or by a licensed physician; or
93-12 (B) emergency medical care administered in good
93-13 faith and with reasonable care by a person not licensed in the
93-14 healing arts.
93-15 (2) It is an affirmative defense to prosecution under
93-16 this section that the act or omission was based on treatment in
93-17 accordance with the tenets and practices of a recognized religious
93-18 method of healing with a generally accepted record of efficacy.
93-19 Sec. 22.041. Abandoning or Endangering Child. (a) In this
93-20 section, "abandon" means to leave a child in any place without
93-21 providing reasonable and necessary care for the child, under
93-22 circumstances under which no reasonable, similarly situated adult
93-23 would leave a child of that age and ability.
93-24 (b) A person commits an offense if, having custody, care, or
93-25 control of a child younger than 15 years, he intentionally abandons
93-26 the child in any place under circumstances that expose the child to
93-27 an unreasonable risk of harm.
94-1 (c) A person commits an offense if he intentionally,
94-2 knowingly, recklessly, or with criminal negligence, by act or
94-3 omission, engages in conduct that places a child younger than 15
94-4 years in imminent danger of death, bodily injury, or physical or
94-5 mental impairment.
94-6 (d) Except as provided by Subsection (e) <of this section>,
94-7 an offense under Subsection (b) <of this section> is:
94-8 (1) a state jail felony <Class A misdemeanor> if the
94-9 actor abandoned the child with intent to return for the child; or
94-10 (2) a felony of the third degree if the actor
94-11 abandoned the child without intent to return for the child.
94-12 (e) An offense under Subsection (b) <of this section> is a
94-13 felony of the second degree if the actor abandons the child under
94-14 circumstances that a reasonable person would believe would place
94-15 the child in imminent danger of death, bodily injury, or physical
94-16 or mental impairment.
94-17 (f) An offense under Subsection (c) <of this section> is a
94-18 state jail felony <Class A misdemeanor>.
94-19 Sec. 22.05. Deadly <Reckless> Conduct. (a) A person
94-20 commits an offense if he recklessly engages in conduct that places
94-21 another in imminent danger of serious bodily injury.
94-22 (b) A person commits an offense if he knowingly discharges a
94-23 firearm at or in the direction of:
94-24 (1) one or more individuals; or
94-25 (2) a habitation, building, vehicle, or location in
94-26 which it is likely that an individual will be present.
94-27 (c) Recklessness and danger are presumed if the actor
95-1 knowingly pointed a firearm at or in the direction of another
95-2 whether or not the actor believed the firearm to be loaded.
95-3 (d) For purposes of this section, "building," "habitation,"
95-4 and "vehicle" have the meanings assigned those terms by Section
95-5 30.01.
95-6 (e) <(c)> An offense under Subsection (a) <this section> is
95-7 a Class A <B> misdemeanor. An offense under Subsection (b) is a
95-8 felony of the third degree.
95-9 Sec. 22.06. Consent as Defense to Assaultive Conduct. The
95-10 victim's effective consent or the actor's reasonable belief that
95-11 the victim consented to the actor's conduct is a defense to
95-12 prosecution under Section 22.01 (Assault), 22.02 (Aggravated
95-13 Assault), or 22.05 (Reckless Conduct) <of this code> if:
95-14 (1) the conduct did not threaten or inflict serious
95-15 bodily injury; or
95-16 (2) the victim knew the conduct was a risk of:
95-17 (A) his occupation;
95-18 (B) recognized medical treatment; or
95-19 (C) a scientific experiment conducted by
95-20 recognized methods.
95-21 Sec. 22.07. Terroristic Threat. (a) A person commits an
95-22 offense if he threatens to commit any offense involving violence to
95-23 any person or property with intent to:
95-24 (1) cause a reaction of any type to his threat by an
95-25 official or volunteer agency organized to deal with emergencies;
95-26 (2) place any person in fear of imminent serious
95-27 bodily injury; or
96-1 (3) prevent or interrupt the occupation or use of a
96-2 building; room; place of assembly; place to which the public has
96-3 access; place of employment or occupation; aircraft, automobile, or
96-4 other form of conveyance; or other public place; or
96-5 (4) cause impairment or interruption of public
96-6 communications, public transportation, public water, gas, or power
96-7 supply or other public service.
96-8 (b) An offense under Subdivision (1) or (2) of Subsection
96-9 (a) <of this section> is a Class B misdemeanor. An offense under
96-10 Subdivision (3) of Subsection (a) <of this section> is a Class A
96-11 misdemeanor. An offense under Subdivision (4) of Subsection (a)
96-12 <of this section> is a felony of the third degree.
96-13 Sec. 22.08. Aiding Suicide. (a) A person commits an
96-14 offense if, with intent to promote or assist the commission of
96-15 suicide by another, he aids or attempts to aid the other to commit
96-16 or attempt to commit suicide.
96-17 (b) An offense under this section is a Class C misdemeanor
96-18 unless the actor's conduct causes suicide or attempted suicide that
96-19 results in serious bodily injury, in which event the offense is a
96-20 state jail felony <of the third degree>.
96-21 Sec. 22.09. Tampering With Consumer Product. (a) In this
96-22 section:
96-23 (1) "Consumer Product" means any product offered for
96-24 sale to or for consumption by the public and includes "food" and
96-25 "drugs" as those terms are defined in Section 431.002, Health and
96-26 Safety Code.
96-27 (2) "Tamper" means to alter or add a foreign substance
97-1 to a consumer product to make it probable that the consumer product
97-2 will cause serious bodily injury.
97-3 (b) A person commits an offense if he knowingly or
97-4 intentionally tampers with a consumer product knowing that the
97-5 consumer product will be offered for sale to the public or as a
97-6 gift to another.
97-7 (c) A person commits an offense if he knowingly or
97-8 intentionally threatens to tamper with a consumer product with the
97-9 intent to cause fear, to affect the sale of the consumer product,
97-10 or to cause bodily injury to any person.
97-11 (d) An offense under Subsection (b) <of this section> is a
97-12 felony of the second degree unless a person suffers serious bodily
97-13 injury, in which event it is a felony of the first degree. An
97-14 offense under Subsection (c) <of this section> is a felony of the
97-15 third degree.
97-16 Sec. 22.10. Leaving a Child in a Vehicle. (a) A person
97-17 commits an offense if he intentionally or knowingly leaves a child
97-18 in a motor vehicle for longer than five minutes, knowing that the
97-19 child is:
97-20 (1) younger than seven years of age; and
97-21 (2) not attended by an individual in the vehicle who
97-22 is 14 years of age or older.
97-23 (b) An offense under this section is a Class C misdemeanor.
97-24 TITLE 6. OFFENSES AGAINST THE FAMILY
97-25 CHAPTER 25. OFFENSES AGAINST THE FAMILY
97-26 Sec. 25.01. Bigamy. (a) An individual commits an offense
97-27 if:
98-1 (1) he is legally married and he:
98-2 (A) purports to marry or does marry a person
98-3 other than his spouse in this state, or any other state or foreign
98-4 country, under circumstances that would, but for the actor's prior
98-5 marriage, constitute a marriage; or
98-6 (B) lives with a person other than his spouse in
98-7 this state under the appearance of being married; or
98-8 (2) he knows that a married person other than his
98-9 spouse is married and he:
98-10 (A) purports to marry or does marry that person
98-11 in this state, or any other state or foreign country, under
98-12 circumstances that would, but for the person's prior marriage,
98-13 constitute a marriage; or
98-14 (B) lives with that person in this state under
98-15 the appearance of being married.
98-16 (b) For purposes of this section, "under the appearance of
98-17 being married" means holding out that the parties are married with
98-18 cohabitation and an intent to be married by either party.
98-19 (c) It is a defense to prosecution under Subsection (a)(1)
98-20 <of this section> that the actor reasonably believed that his
98-21 marriage was void or had been dissolved by death, divorce, or
98-22 annulment.
98-23 (d) For the purposes of this section, the lawful wife or
98-24 husband of the actor may testify both for or against the actor
98-25 concerning proof of the original marriage.
98-26 (e) An offense under this section is a Class A misdemeanor
98-27 <felony of the third degree>.
99-1 Sec. 25.02. Prohibited Sexual Conduct <Incest>. (a) An
99-2 individual commits an offense if he engages in sexual intercourse
99-3 or deviate sexual intercourse with a person he knows to be, without
99-4 regard to legitimacy:
99-5 (1) his ancestor or descendant by blood or adoption;
99-6 (2) his stepchild or stepparent, while the marriage
99-7 creating that relationship exists;
99-8 (3) his parent's brother or sister of the whole or
99-9 half blood;
99-10 (4) his brother or sister of the whole or half blood
99-11 or by adoption; or
99-12 (5) the children of his brother or sister of the whole
99-13 or half blood or by adoption.
99-14 (b) For purposes of this section:
99-15 (1) "Deviate sexual intercourse" means any contact
99-16 between the genitals of one person and the mouth or anus of another
99-17 person with intent to arouse or gratify the sexual desire of any
99-18 person.
99-19 (2) "Sexual intercourse" means any penetration of the
99-20 female sex organ by the male sex organ.
99-21 (c) An offense under this section is a felony of the third
99-22 degree.
99-23 Sec. 25.03. Interference With Possession of or Access to a
99-24 Child <Custody>. (a) A person commits an offense if the person
99-25 <he> takes, entices away, or retains a child younger than 18 years
99-26 with intent to deprive another person of lawful possession of or
99-27 access to the child when the person <he>:
100-1 (1) knows that the <his> taking, enticement, or
100-2 retention violates the express terms of a judgment or order of a
100-3 court regarding the conservatorship or possession of or access to
100-4 the child <disposing of the child's custody>; or
100-5 (2) <has not been awarded custody of the child by a
100-6 court of competent jurisdiction,> knows that a suit regarding the
100-7 conservatorship or possession of or access to the child <for
100-8 divorce or a civil suit or application for habeas corpus to dispose
100-9 of the child's custody> has been filed, and takes the child out of
100-10 the geographic area of the counties composing the judicial district
100-11 if the court is a district court or the county if the court is a
100-12 statutory county court, without the permission of the court and
100-13 with the intent to deprive the court of authority over the child.
100-14 (b) It is not a defense to prosecution under Subsection (a)
100-15 that the actor is a joint managing conservator of the child <A
100-16 noncustodial parent commits an offense if, with the intent to
100-17 interfere with the lawful custody of a child younger than 18 years,
100-18 he knowingly entices or persuades the child to leave the custody of
100-19 the custodial parent, guardian, or person standing in the stead of
100-20 the custodial parent or guardian of the child>.
100-21 (c) It is a defense to prosecution under Subsection (a)(2)
100-22 <of this section> that the actor returned the child to the
100-23 geographic area of the counties composing the judicial district if
100-24 the court is a district court or the county if the court is a
100-25 statutory county court, within three days after the date of the
100-26 commission of the offense.
100-27 (d) An offense under this section is a state jail felony <of
101-1 the third degree>.
101-2 Sec. 25.031. Agreement to Abduct from Custody. (a) A
101-3 person commits an offense if the person agrees, for remuneration or
101-4 the promise of remuneration, to abduct a child younger than 18
101-5 years of age by force, threat of force, misrepresentation, stealth,
101-6 or unlawful entry, knowing that the child is under the care and
101-7 control of a person having custody or physical possession of the
101-8 child under a court order or under the care and control of another
101-9 person who is exercising care and control with the consent of a
101-10 person having custody or physical possession under a court order.
101-11 (b) An offense under this section is a state jail felony <of
101-12 the third degree>.
101-13 Sec. 25.04. Enticing a Child. (a) A person commits an
101-14 offense if, with the intent to interfere with the lawful custody of
101-15 a child younger than 18 years, he knowingly entices, persuades, or
101-16 takes the child from the custody of the parent or guardian or
101-17 person standing in the stead of the parent or guardian of such
101-18 child.
101-19 (b) An offense under this section is a Class B misdemeanor.
101-20 Sec. 25.05. Criminal Nonsupport. (a) An individual commits
101-21 an offense if he intentionally or knowingly fails to provide
101-22 support for his child younger than 18 years of age, or for his
101-23 child who is the subject of a court order requiring the individual
101-24 to support the child.
101-25 (b) For purposes of this section, "child" includes a child
101-26 born out of wedlock whose paternity has either been acknowledged by
101-27 the actor or has been established in a civil suit under the Family
102-1 Code or the law of another state.
102-2 (c) Under this section, a conviction may be had on the
102-3 uncorroborated testimony of a party to the offense.
102-4 (d) It is an affirmative defense to prosecution under this
102-5 section that the actor could not provide support for his child.
102-6 (e) The pendency of a prosecution under this section does
102-7 not affect the power of a court to enter an order for child support
102-8 under the Family Code.
102-9 (f) Except as provided in Subsection (g) <of this section>,
102-10 an offense under this section is a Class A misdemeanor.
102-11 (g) An offense under this section is a felony of the third
102-12 degree if the actor<:>
102-13 <(1) has been convicted one or more times under this
102-14 section; or>
102-15 <(2)> commits the offense and leaves the state to
102-16 reside <while residing> in another state.
102-17 Sec. 25.06. <Solicitation of a Child><. (a) A person commits
102-18 an offense if he entices, persuades, or invites a child younger
102-19 than 14 years to enter a vehicle, building, structure, or enclosed
102-20 area with intent to engage in or propose engaging in sexual
102-21 intercourse, deviate sexual intercourse, or sexual contact with the
102-22 child or with intent to expose his anus or any part of his genitals
102-23 to the child.>
102-24 <(b) The definitions of "sexual intercourse," "deviate
102-25 sexual intercourse," and "sexual contact" in Chapter 21 of this
102-26 code apply to this section.>
102-27 <(c) An offense under this section is a Class A misdemeanor
103-1 unless the actor takes the child out of the county of residence of
103-2 the parent, guardian, or person standing in the stead of the parent
103-3 or guardian of the child, in which event the offense is a felony of
103-4 the third degree.>
103-5 <Sec. 25.07.> Harboring Runaway Child. (a) A person
103-6 commits an offense if he knowingly harbors a child and he is
103-7 criminally negligent about whether the child:
103-8 (1) is younger than 18 years; and
103-9 (2) has escaped from the custody of a peace officer, a
103-10 probation officer, the Texas Youth Council, or a detention facility
103-11 for children, or is voluntarily absent from the child's home
103-12 without the consent of the child's parent or guardian for a
103-13 substantial length of time or without the intent to return.
103-14 (b) It is a defense to prosecution under this section that
103-15 the actor was related to the child within the second degree by
103-16 consanguinity or affinity, as determined under Article 5996h,
103-17 Revised Statutes.
103-18 (c) It is a defense to prosecution under this section that
103-19 the actor notified:
103-20 (1) the person or agency from which the child escaped
103-21 or a law enforcement agency of the presence of the child within 24
103-22 hours after discovering that the child had escaped from custody; or
103-23 (2) a law enforcement agency or a person at the
103-24 child's home of the presence of the child within 24 hours after
103-25 discovering that the child was voluntarily absent from home without
103-26 the consent of the child's parent or guardian.
103-27 (d) An offense under this section is a Class A misdemeanor.
104-1 (e) On the receipt of a report from a peace officer,
104-2 probation officer, the Texas Youth Council, a foster home, or a
104-3 detention facility for children that a child has escaped its
104-4 custody or upon receipt of a report from a parent, guardian,
104-5 conservator, or legal custodian that a child is missing, a law
104-6 enforcement agency shall immediately enter a record of the child
104-7 into the National Crime Information Center.
104-8 Sec. 25.07 <25.08>. Violation of a Protective Order. (a) A
104-9 person commits an offense if, in violation of an order issued under
104-10 Section 3.581, Section 71.11, or Section 71.12, Family Code, the
104-11 person knowingly or intentionally:
104-12 (1) commits family violence;
104-13 (2) directly communicates with a member of the family
104-14 or household in a threatening or harassing manner, communicates a
104-15 threat through any person to a member of the family or household,
104-16 and, if the order prohibits any communication with a member of the
104-17 family or household, communicates in any manner with the member of
104-18 the family or household except through the person's attorney or a
104-19 person appointed by the court; or
104-20 (3) goes to or near any of the following places as
104-21 specifically described in the protective order:
104-22 (A) the residence or place of employment or
104-23 business of a member of the family or household; or
104-24 (B) any child care facility, residence, or
104-25 school where a child protected by the protective order normally
104-26 resides or attends.
104-27 (b) For the purposes of this section, "family violence,"
105-1 "family," "household," and "member of a household" have the
105-2 meanings assigned by Section 71.01, Family Code.
105-3 (c) If conduct constituting an offense under this section
105-4 also constitutes an offense under another section of this code, the
105-5 actor may be prosecuted under either section or under both
105-6 sections.
105-7 (d) Reconciliatory actions or agreements made by persons
105-8 affected by a protective order do not affect the validity of the
105-9 order or the duty of a peace officer to enforce this section.
105-10 (e) A peace officer investigating conduct that may
105-11 constitute an offense under this section for a violation of a
105-12 protective order may not arrest a person protected by that order
105-13 for a violation of that order.
105-14 (f) It is not a defense to prosecution under this section
105-15 that certain information has been excluded, as provided by Section
105-16 71.111, Family Code, from an order to which this section applies.
105-17 (g) An offense under this section is a Class A misdemeanor.
105-18 <However, if it is shown at the trial for the offense that the
105-19 actor has been previously convicted under this section two or more
105-20 times, the offense is a felony of the third degree.>
105-21 Sec. 25.08 <25.11>. Sale or Purchase of Child. (a) A
105-22 person commits an offense if he:
105-23 (1) possesses a child younger than 18 years of age or
105-24 has the custody, conservatorship, or guardianship of a child
105-25 younger than 18 years of age, whether or not he has actual
105-26 possession of the child, and he offers to accept, agrees to accept,
105-27 or accepts a thing of value for the delivery of the child to
106-1 another or for the possession of the child by another for purposes
106-2 of adoption; or
106-3 (2) offers to give, agrees to give, or gives a thing
106-4 of value to another for acquiring or maintaining the possession of
106-5 a child for the purpose of adoption.
106-6 (b) It is an exception to the application of this section
106-7 that the thing of value is:
106-8 (1) a fee paid to a child-placing agency as authorized
106-9 by law;
106-10 (2) a fee paid to an attorney or physician for
106-11 services rendered in the usual course of legal or medical practice;
106-12 or
106-13 (3) a reimbursement of legal or medical expenses
106-14 incurred by a person for the benefit of the child.
106-15 (c) An offense under this section is a felony of the third
106-16 degree <unless the actor has been convicted previously under this
106-17 section, in which event the offense is a felony of the second
106-18 degree>.
106-19 TITLE 7. OFFENSES AGAINST PROPERTY
106-20 CHAPTER 28. ARSON, CRIMINAL MISCHIEF, AND
106-21 OTHER PROPERTY DAMAGE OR DESTRUCTION
106-22 Sec. 28.01. Definitions. In this chapter:
106-23 (1) "Habitation" means a structure or vehicle that is
106-24 adapted for the overnight accommodation of persons and includes:
106-25 (A) each separately secured or occupied portion
106-26 of the structure or vehicle; and
106-27 (B) each structure appurtenant to or connected
107-1 with the structure or vehicle.
107-2 (2) "Building" means any structure or enclosure
107-3 intended for use or occupation as a habitation or for some purpose
107-4 of trade, manufacture, ornament, or use.
107-5 (3) "Property" means:
107-6 (A) real property;
107-7 (B) tangible or intangible personal property,
107-8 including anything severed from land; or
107-9 (C) a document, including money, that represents
107-10 or embodies anything of value.
107-11 (4) "Vehicle" includes any device in, on, or by which
107-12 any person or property is or may be propelled, moved, or drawn in
107-13 the normal course of commerce or transportation.
107-14 (5) "Open-space land" means real property that is
107-15 undeveloped for the purpose of human habitation.
107-16 (6) "Controlled burning" means the burning of unwanted
107-17 vegetation with the consent of the owner of the property on which
107-18 the vegetation is located and in such a manner that the fire is
107-19 controlled and limited to a designated area.
107-20 Sec. 28.02. Arson. (a) A person commits an offense if he
107-21 starts a fire or causes an explosion with intent to destroy or
107-22 damage:
107-23 (1) any vegetation, fence, or structure on open-space
107-24 land; or
107-25 (2) any building, habitation, or vehicle:
107-26 (A) knowing that it is within the limits of an
107-27 incorporated city or town;
108-1 (B) knowing that it is insured against damage or
108-2 destruction;
108-3 (C) knowing that it is subject to a mortgage or
108-4 other security interest;
108-5 (D) knowing that it is located on property
108-6 belonging to another;
108-7 (E) knowing that it has located within it
108-8 property belonging to another; or
108-9 (F) when he is reckless about whether the
108-10 burning or explosion will endanger the life of some individual or
108-11 the safety of the property of another.
108-12 (b) It is an exception to the application of Subsection
108-13 (a)(1) <of this section> that the fire or explosion was a part of
108-14 the controlled burning of open-space land.
108-15 (c) It is a defense to prosecution under Subsection
108-16 (a)(2)(A) <of this section> that prior to starting the fire or
108-17 causing the explosion, the actor obtained a permit or other written
108-18 authorization granted in accordance with a city ordinance, if any,
108-19 regulating fires and explosions.
108-20 (d) An offense under this section is a felony of the second
108-21 degree, unless bodily injury or death is suffered by any person by
108-22 reason of the commission of the offense, in which event it is a
108-23 felony of the first degree.
108-24 Sec. 28.03. Criminal Mischief. (a) A person commits an
108-25 offense if, without the effective consent of the owner:
108-26 (1) he intentionally or knowingly damages or destroys
108-27 the tangible property of the owner;
109-1 (2) he intentionally or knowingly tampers with the
109-2 tangible property of the owner and causes pecuniary loss or
109-3 substantial inconvenience to the owner or a third person; or
109-4 (3) he intentionally or knowingly makes markings,
109-5 including inscriptions, slogans, drawings, or paintings, on the
109-6 tangible property of the owner.
109-7 (b) Except as provided by Subsection (f), an offense under
109-8 this section is:
109-9 (1) a Class C misdemeanor if:
109-10 (A) the amount of pecuniary loss is less than
109-11 $50 <$20>; or
109-12 (B) except as provided in Subdivision
109-13 (3)<(4)>(B) <of this subsection>, it causes substantial
109-14 inconvenience to others;
109-15 (2) a Class B misdemeanor if the amount of pecuniary
109-16 loss is $50 <$20> or more but less than $500 <$200>;
109-17 (3) a Class A misdemeanor if the amount of pecuniary
109-18 loss is:
109-19 (A) $500 <$200> or more but less than $1,500
109-20 <$750>; or
109-21 (B) less than $1,500 and the actor causes in
109-22 whole or in part impairment or interruption of public
109-23 communications, public transportation, public water, gas, or power
109-24 supply, or other public service, or causes to be diverted in whole,
109-25 in part, or in any manner, including installation or removal of any
109-26 device for any such purpose, any public communications, public
109-27 water, gas, or power supply;
110-1 (4) a state jail felony <of the third degree> if:
110-2 (A) the amount of pecuniary loss is $1,500
110-3 <$750> or more but less than $20,000;
110-4 (B) <regardless of the amount of pecuniary loss,
110-5 the actor causes in whole or in part impairment or interruption of
110-6 public communications, public transportation, public water, gas, or
110-7 power supply, or other public service, or diverts, or causes to be
110-8 diverted in whole, in part, or in any manner, including
110-9 installation or removal of any device for such purpose, any public
110-10 communications, public water, gas, or power supply;>
110-11 <(C)> regardless of the amount of pecuniary
110-12 loss, the property is one or more head of cattle, horses, sheep,
110-13 swine, or goats;
110-14 (C) <(D)> regardless of the amount of pecuniary
110-15 loss, the property was a fence used for the production of cattle,
110-16 horses, sheep, swine, or goats; or
110-17 (D) <(E)> regardless of the amount of pecuniary
110-18 loss, the damage or destruction was inflicted by branding one or
110-19 more head of cattle, horses, sheep, swine, or goats;<.>
110-20 (5) a felony of the third <second> degree if the
110-21 amount of the pecuniary loss is $20,000 or more but less than
110-22 $100,000; or
110-23 (6) a felony of the second degree if the amount of
110-24 pecuniary loss is $100,000 or more.
110-25 (c) For the purposes of this section, it shall be presumed
110-26 that a person <in whose name public communications, public water,
110-27 gas, or power supply is or was last billed and> who is receiving
111-1 the economic benefit of public communications, public water, gas,
111-2 or power <said communication or> supply, has knowingly tampered
111-3 with the tangible property of the owner if the communication or
111-4 supply has been:
111-5 (1) diverted from passing through a metering device;
111-6 or
111-7 (2) prevented from being correctly registered by a
111-8 metering device; or
111-9 (3) activated by any device installed to obtain public
111-10 communications, public water, gas, or power supply without a
111-11 metering device.
111-12 (d) The term "public communication, public transportation,
111-13 public water, gas, or power supply, or other public service" shall
111-14 mean, refer to, and include any such services subject to regulation
111-15 by the Public Utility Commission of Texas, the Railroad Commission
111-16 of Texas, or the Texas Water Commission or any such services
111-17 enfranchised by the State of Texas or any political subdivision
111-18 thereof.
111-19 (e) When more than one item of tangible property, belonging
111-20 to one or more owners, is damaged, destroyed, or tampered with in
111-21 violation of this section pursuant to one scheme or continuing
111-22 course of conduct, the conduct may be considered as one offense,
111-23 and the amounts of pecuniary loss to property resulting from the
111-24 damage to, destruction of, or tampering with the property may be
111-25 aggregated in determining the grade of the offense.
111-26 (f) An offense under this section is:
111-27 (1) a state jail felony <of the third degree> if the
112-1 damage or destruction is inflicted on a place of worship or burial,
112-2 a public monument, or a community center that provides medical,
112-3 social, or educational programs and the amount of the pecuniary
112-4 loss to real property or to tangible personal property is $20 or
112-5 more <but less than $20,000>; or
112-6 (2) a felony of the second degree if the damage or
112-7 destruction is inflicted on a place of worship or a community
112-8 center that provides medical, social, or educational programs and
112-9 the amount of the pecuniary loss to real property or to tangible
112-10 personal property is $20,000 or more.
112-11 Sec. 28.04. Reckless Damage or Destruction. (a) A person
112-12 commits an offense if, without the effective consent of the owner,
112-13 he recklessly damages or destroys property of the owner.
112-14 (b) An offense under this section is a Class C misdemeanor.
112-15 Sec. 28.05. Actor's Interest in Property. It is no defense
112-16 to prosecution under this chapter that the actor has an interest in
112-17 the property damaged or destroyed if another person also has an
112-18 interest that the actor is not entitled to infringe.
112-19 Sec. 28.06. Amount of Pecuniary Loss. (a) The amount of
112-20 pecuniary loss under this chapter, if the property is destroyed,
112-21 is:
112-22 (1) the fair market value of the property at the time
112-23 and place of the destruction; or
112-24 (2) if the fair market value of the property cannot be
112-25 ascertained, the cost of replacing the property within a reasonable
112-26 time after the destruction.
112-27 (b) The amount of pecuniary loss under this chapter, if the
113-1 property is damaged, is the cost of repairing or restoring the
113-2 damaged property within a reasonable time after the damage
113-3 occurred.
113-4 (c) The amount of pecuniary loss under this chapter for
113-5 documents, other than those having a readily ascertainable market
113-6 value, is:
113-7 (1) the amount due and collectible at maturity less
113-8 any part that has been satisfied, if the document constitutes
113-9 evidence of a debt; or
113-10 (2) the greatest amount of economic loss that the
113-11 owner might reasonably suffer by virtue of the destruction or
113-12 damage if the document is other than evidence of a debt.
113-13 (d) If the amount of pecuniary loss cannot be ascertained by
113-14 the criteria set forth in Subsections (a) through (c) <of this
113-15 section>, the amount of loss is deemed to be greater than $500
113-16 <$200> but less than $1,500 <$750>.
113-17 (e) If the actor proves by a preponderance of the evidence
113-18 that he gave consideration for or had a legal interest in the
113-19 property involved, the value of the interest so proven shall be
113-20 deducted from:
113-21 (1) the amount of pecuniary loss if the property is
113-22 destroyed; or
113-23 (2) the amount of pecuniary loss to the extent of an
113-24 amount equal to the ratio the value of the interest bears to the
113-25 total value of the property, if the property is damaged.
113-26 <Sec. 28.07. INTERFERENCE WITH RAILROAD PROPERTY. (a) In
113-27 this section:>
114-1 <(1) "Railroad property" means:>
114-2 <(A) a train, locomotive, railroad car, caboose,
114-3 work equipment, rolling stock, safety device, switch, or connection
114-4 that is owned, leased, operated, or possessed by a railroad; or>
114-5 <(B) a railroad track, rail, bridge, trestle, or
114-6 right-of-way owned or used by a railroad.>
114-7 <(2) "Tamper" means to move, alter, or interfere with
114-8 railroad property.>
114-9 <(b) A person commits an offense if the person:>
114-10 <(1) throws an object or discharges a firearm or
114-11 weapon at a train or rail-mounted work equipment; or>
114-12 <(2) without the effective consent of the owner:>
114-13 <(A) enters or remains on railroad property,
114-14 knowing that it is railroad property;>
114-15 <(B) tampers with railroad property;>
114-16 <(C) places an obstruction on a railroad track
114-17 or right-of-way; or>
114-18 <(D) causes in any manner the derailment of a
114-19 train, railroad car, or other railroad property that moves on
114-20 tracks.>
114-21 <(c) An offense under Subsection (b)(1) of this section is a
114-22 Class B misdemeanor unless the person causes bodily injury to
114-23 another, in which event the offense is a felony of the third
114-24 degree.>
114-25 <(d) An offense under Subsection (b)(2)(A) of this section
114-26 is a Class C misdemeanor.>
114-27 <(e) An offense under Subsection (b)(2)(B), (b)(2)(C), or
115-1 (b)(2)(D) of this section is a Class C misdemeanor unless the
115-2 person causes pecuniary loss, in which event the offense is:>
115-3 <(1) a Class B misdemeanor if the amount of pecuniary
115-4 loss is $20 or more but less than $200;>
115-5 <(2) a Class A misdemeanor if the amount of pecuniary
115-6 loss is $200 or more but less than $750;>
115-7 <(3) a felony of the third degree if the amount of
115-8 pecuniary loss is $750 or more but less than $20,000; or>
115-9 <(4) a felony of the second degree if the amount of
115-10 the pecuniary loss is $20,000 or more.>
115-11 <(f) The conduct described in Subsection (b)(2)(A) of this
115-12 section is not an offense under this section if it is undertaken by
115-13 an employee of the railroad or by a representative of a labor
115-14 organization which represents or is seeking to represent the
115-15 employees of the railroad as long as the employee or representative
115-16 has a right to engage in such conduct under the Railway Labor Act
115-17 (45 U.S.C. Section 151 et seq.).>
115-18 <Sec. 28.08. INTERFERENCE WITH ANIMALS OR ANIMAL FACILITIES.
115-19 (a) In this section:>
115-20 <(1) "Animal" means any nonhuman vertebrate animal
115-21 used in agriculture, research, testing and exhibition, education,
115-22 or food or fiber production, but does not include an animal held
115-23 primarily as a pet.>
115-24 <(2) "Animal facility" means any vehicle, building,
115-25 structure, or premises where an animal is bred or where animals or
115-26 records relating to animals are kept, handled, transported, housed,
115-27 or exhibited.>
116-1 <(3) "Tamper" means to move, alter, or interfere.>
116-2 <(4) "Notice" means:>
116-3 <(A) oral or written communication by the owner
116-4 or someone with apparent authority to act for the owner;>
116-5 <(B) fencing or other enclosure obviously
116-6 designed to exclude intruders or to contain livestock; or>
116-7 <(C) a sign or signs posted on the property or
116-8 at the entrance to the building, reasonably likely to come to the
116-9 attention of intruders, indicating that entry is forbidden.>
116-10 <(b) A person commits an offense if the person, after notice
116-11 is given and without the effective consent of the owner,
116-12 intentionally or knowingly:>
116-13 <(1) enters or remains in or on an animal facility;>
116-14 <(2) makes markings, including inscriptions, slogans,
116-15 drawings, or paintings, on an animal facility;>
116-16 <(3) tampers with an animal facility;>
116-17 <(4) damages or destroys an animal facility; or>
116-18 <(5) removes, carries away, releases, or exercises
116-19 control of an animal or property located in an animal facility.>
116-20 <(c) An offense under Subsection (b)(1) or (2) of this
116-21 section is a Class B misdemeanor unless the person causes bodily
116-22 injury to another or carries a deadly weapon on or about his person
116-23 during the commission of the offense, in which event the offense is
116-24 a Class A misdemeanor.>
116-25 <(d) An offense under Subsection (b)(3), (4), or (5) of this
116-26 section is a Class C misdemeanor unless the person causes pecuniary
116-27 loss, in which event the offense is:>
117-1 <(1) a Class B misdemeanor if the amount of pecuniary
117-2 loss is $20 or more but less than $200;>
117-3 <(2) a Class A misdemeanor if the amount of pecuniary
117-4 loss is $200 or more but less than $750;>
117-5 <(3) a felony of the third degree if the amount of
117-6 pecuniary loss is $750 or more but less than $20,000; or>
117-7 <(4) a felony of the second degree if the amount of
117-8 the pecuniary loss is $20,000 or more.>
117-9 CHAPTER 29. ROBBERY
117-10 Sec. 29.01. DEFINITIONS. In this chapter:
117-11 (1) "In the course of committing theft" means conduct
117-12 that occurs in an attempt to commit, during the commission, or in
117-13 immediate flight after the attempt or commission of theft.
117-14 (2) "Property" means:
117-15 (A) tangible or intangible personal property
117-16 including anything severed from land; or
117-17 (B) a document, including money, that represents
117-18 or embodies anything of value.
117-19 Sec. 29.02. ROBBERY. (a) A person commits an offense if,
117-20 in the course of committing theft as defined in Chapter 31 <of this
117-21 code> and with intent to obtain or maintain control of the
117-22 property, he:
117-23 (1) intentionally, knowingly, or recklessly causes
117-24 bodily injury to another; or
117-25 (2) intentionally or knowingly threatens or places
117-26 another in fear of imminent bodily injury or death.
117-27 (b) An offense under this section is a felony of the third
118-1 <second> degree.
118-2 Sec. 29.03. AGGRAVATED ROBBERY. (a) A person commits an
118-3 offense if he commits robbery as defined in Section 29.02 <of this
118-4 code>, and he:
118-5 (1) causes serious bodily injury to another; or
118-6 (2) uses or exhibits a deadly weapon <; or>
118-7 <(3) causes bodily injury to another person or
118-8 threatens or places another person in fear of imminent bodily
118-9 injury or death, if the other person is:>
118-10 <(A) 65 years of age or older; or>
118-11 <(B) a disabled person>.
118-12 (b) An offense under this section is a felony of the first
118-13 degree.
118-14 <(c) In this section, "disabled person" means an individual
118-15 with a mental, physical, or developmental disability who is
118-16 substantially unable to protect himself from harm.>
118-17 CHAPTER 30. BURGLARY AND CRIMINAL TRESPASS
118-18 Sec. 30.01. Definitions. In this chapter:
118-19 (1) "Habitation" means a structure or vehicle that is
118-20 adapted for the overnight accommodation of persons, and includes:
118-21 (A) each separately secured or occupied portion
118-22 of the structure or vehicle; and
118-23 (B) each structure appurtenant to or connected
118-24 with the structure or vehicle.
118-25 (2) "Building" means any enclosed structure intended
118-26 for use or occupation as a habitation or for some purpose of trade,
118-27 manufacture, ornament, or use.
119-1 (3) "Vehicle" includes any device in, on, or by which
119-2 any person or property is or may be propelled, moved, or drawn in
119-3 the normal course of commerce or transportation, except such
119-4 devices as are classified as "habitation."
119-5 Sec. 30.02. Burglary. (a) A person commits an offense if,
119-6 without the effective consent of the owner, he:
119-7 (1) enters a habitation, or a building (or any portion
119-8 of a building) not then open to the public, with intent to commit a
119-9 felony or theft; or
119-10 (2) remains concealed, with intent to commit a felony
119-11 or theft, in a building or habitation; or
119-12 (3) enters a building or habitation and commits or
119-13 attempts to commit a felony or theft.
119-14 (b) For purposes of this section, "enter" means to intrude:
119-15 (1) any part of the body; or
119-16 (2) any physical object connected with the body.
119-17 (c) Except as provided in Subsection (d) <of this section>,
119-18 an offense under this section is a:
119-19 (1) state jail felony if committed in a building other
119-20 than a habitation; or
119-21 (2) felony of the third <second> degree if committed
119-22 in a habitation.
119-23 (d) An offense <under this section> is a felony of the:
119-24 (1) second <first> degree if:
119-25 (A) <(1)> the building or <premises are a>
119-26 habitation is occupied at the time of the offense; or
119-27 (B) <(2)> any party to the offense is armed with
120-1 explosives or a deadly weapon; or
120-2 (2) first degree if <(3)> any party to the offense
120-3 injures or attempts to injure anyone in effecting entry or while in
120-4 the building or habitation or in immediate flight from the building
120-5 or habitation.
120-6 Sec. 30.03. Burglary of Coin-Operated Or Coin Collection
120-7 Machines. (a) A person commits an offense if, without the
120-8 effective consent of the owner, he breaks or enters into any
120-9 coin-operated machine, coin collection machine, or other
120-10 coin-operated or coin collection receptacle, contrivance,
120-11 apparatus, or equipment used for the purpose of providing lawful
120-12 amusement, sales of goods, services, or other valuable things, or
120-13 telecommunications with intent to obtain property or services.
120-14 (b) For purposes of this section, "entry" includes every
120-15 kind of entry except one made with the effective consent of the
120-16 owner.
120-17 (c) An offense under this section is a Class A misdemeanor.
120-18 Sec. 30.04. Burglary of Vehicles. (a) A person commits an
120-19 offense if, without the effective consent of the owner, he breaks
120-20 into or enters a vehicle or any part of a vehicle with intent to
120-21 commit any felony or theft.
120-22 (b) For purposes of this section, "enter" means to intrude:
120-23 (1) any part of the body; or
120-24 (2) any physical object connected with the body.
120-25 (c) An offense under this section is a Class A misdemeanor
120-26 <felony of the third degree>.
120-27 Sec. 30.05. Criminal Trespass. (a) A person commits an
121-1 offense if he enters or remains on property or in a building of
121-2 another without effective consent and he:
121-3 (1) had notice that the entry was forbidden; or
121-4 (2) received notice to depart but failed to do so.
121-5 (b) For purposes of this section:
121-6 (1) "Entry" means the intrusion of the entire body.
121-7 (2) "Notice" means:
121-8 (A) oral or written communication by the owner
121-9 or someone with apparent authority to act for the owner;
121-10 (B) fencing or other enclosure obviously
121-11 designed to exclude intruders or to contain livestock; or
121-12 (C) a sign or signs posted on the property or at
121-13 the entrance to the building, reasonably likely to come to the
121-14 attention of intruders, indicating that entry is forbidden.
121-15 (3) "Shelter center" has the meaning assigned by
121-16 Section 51.002(1), Human Resources Code.
121-17 (c) It is a defense to prosecution under this section that
121-18 the actor at the time of the offense was a fire fighter or
121-19 emergency medical services personnel, as that term is defined by
121-20 Section 773.003, Health and Safety Code, acting in the lawful
121-21 discharge of an official duty under exigent circumstances.
121-22 (d) An offense under this section is a Class C <B>
121-23 misdemeanor unless it is committed in a habitation or a shelter
121-24 center or unless the actor carries a deadly weapon on or about his
121-25 person during the commission of the offense, in which event it is a
121-26 Class A misdemeanor.
121-27 CHAPTER 31. THEFT
122-1 Sec. 31.01. Definitions. In this chapter:
122-2 (1) "Coercion" means a threat, however communicated:
122-3 (A) to commit an offense;
122-4 (B) to inflict bodily injury in the future on
122-5 the person threatened or another;
122-6 (C) to accuse a person of any offense; or
122-7 (D) to expose a person to hatred, contempt, or
122-8 ridicule;
122-9 (E) to harm the credit or business repute of any
122-10 person; or
122-11 (F) to take or withhold action as a public
122-12 servant, or to cause a public servant to take or withhold action.
122-13 (2) "Deception" means:
122-14 (A) creating or confirming by words or conduct a
122-15 false impression of law or fact that is likely to affect the
122-16 judgment of another in the transaction, and that the actor does not
122-17 believe to be true;
122-18 (B) failing to correct a false impression of law
122-19 or fact that is likely to affect the judgment of another in the
122-20 transaction, that the actor previously created or confirmed by
122-21 words or conduct, and that the actor does not now believe to be
122-22 true;
122-23 (C) preventing another from acquiring
122-24 information likely to affect his judgment in the transaction;
122-25 (D) selling or otherwise transferring or
122-26 encumbering property without disclosing a lien, security interest,
122-27 adverse claim, or other legal impediment to the enjoyment of the
123-1 property, whether the lien, security interest, claim, or impediment
123-2 is or is not valid, or is or is not a matter of official record; or
123-3 (E) promising performance that is likely to
123-4 affect the judgment of another in the transaction and that the
123-5 actor does not intend to perform or knows will not be performed,
123-6 except that failure to perform the promise in issue without other
123-7 evidence of intent or knowledge is not sufficient proof that the
123-8 actor did not intend to perform or knew the promise would not be
123-9 performed.
123-10 (3) "Deprive" means:
123-11 (A) to withhold property from the owner
123-12 permanently or for so extended a period of time that a major
123-13 portion of the value or enjoyment of the property is lost to the
123-14 owner;
123-15 (B) to restore property only upon payment of
123-16 reward or other compensation; or
123-17 (C) to dispose of property in a manner that
123-18 makes recovery of the property by the owner unlikely.
123-19 (4) "Effective consent" includes consent by a person
123-20 legally authorized to act for the owner. Consent is not effective
123-21 if:
123-22 (A) induced by deception or coercion;
123-23 (B) given by a person the actor knows is not
123-24 legally authorized to act for the owner;
123-25 (C) given by a person who by reason of youth,
123-26 mental disease or defect, or intoxication is known by the actor to
123-27 be unable to make reasonable property dispositions; or
124-1 (D) given solely to detect the commission of an
124-2 offense.
124-3 (5) "Appropriate" means:
124-4 (A) to bring about a transfer or purported
124-5 transfer of title to or other nonpossessory interest in property,
124-6 whether to the actor or another; or
124-7 (B) to acquire or otherwise exercise control
124-8 over property other than real property.
124-9 (6) "Property" means:
124-10 (A) real property;
124-11 (B) tangible or intangible personal property
124-12 including anything severed from land; or
124-13 (C) a document, including money, that represents
124-14 or embodies anything of value.
124-15 (7) "Service" includes:
124-16 (A) labor and professional service;
124-17 (B) telecommunication, cable television,
124-18 subscription television, public utility, or <and> transportation
124-19 service;
124-20 (C) lodging, restaurant service, and
124-21 entertainment; and
124-22 (D) the supply of a motor vehicle or other
124-23 property for use.
124-24 (8) "Steal" means to acquire property or service by
124-25 theft.
124-26 (9) "Certificate of title" has the meaning assigned by
124-27 Section 24, Certificate of Title Act (Article 6687-1, Vernon's
125-1 Texas Civil Statutes).
125-2 (10) "Used or secondhand motor vehicle" means a used
125-3 car, as that term is defined by Section 10, Certificate of Title
125-4 Act (Article 6687-1, Vernon's Texas Civil Statutes).
125-5 (11) "Cable television service" means a service
125-6 provided by or through a facility of a cable television system or a
125-7 closed circuit coaxial cable communication system or a microwave or
125-8 similar transmission service used in connection with a cable
125-9 television system.
125-10 (12) "Subscription television service" means a service
125-11 whereby television broadcast programs intended to be received in an
125-12 intelligible form by members of the public only for a fee or charge
125-13 are transmitted pursuant to the grant of subscription television
125-14 authority by the Federal Communications Commission. The term does
125-15 not include cable television service or community antenna
125-16 television service.
125-17 Sec. 31.02. Consolidation of Theft Offenses. Theft as
125-18 defined in Section 31.03 <of this code> constitutes a single
125-19 offense superseding the separate offenses previously known as
125-20 theft, theft by false pretext, conversion by a bailee, theft from
125-21 the person, shoplifting, acquisition of property by threat,
125-22 swindling, swindling by worthless check, embezzlement, extortion,
125-23 receiving or concealing embezzled property, and receiving or
125-24 concealing stolen property.
125-25 Sec. 31.03. Theft. (a) A person commits an offense if he
125-26 unlawfully appropriates property with intent to deprive the owner
125-27 of property.
126-1 (b) Appropriation of property is unlawful if:
126-2 (1) it is without the owner's effective consent;
126-3 (2) the property is stolen and the actor appropriates
126-4 the property knowing it was stolen by another; or
126-5 (3) property in the custody of any law enforcement
126-6 agency was explicitly represented by any law enforcement agent to
126-7 the actor as being stolen and the actor appropriates the property
126-8 believing it was stolen by another.
126-9 (c) For purposes of Subsection (b) <of this section>:
126-10 (1) evidence that the actor has previously
126-11 participated in recent transactions other than, but similar to,
126-12 that which the prosecution is based is admissible for the purpose
126-13 of showing knowledge or intent and the issues of knowledge or
126-14 intent are raised by the actor's plea of not guilty;
126-15 (2) the testimony of an accomplice shall be
126-16 corroborated by proof that tends to connect the actor to the crime,
126-17 but the actor's knowledge or intent may be established by the
126-18 uncorroborated testimony of the accomplice;
126-19 (3) an actor engaged in the business of buying and
126-20 selling used or secondhand personal property, or lending money on
126-21 the security of personal property deposited with him, is presumed
126-22 to know upon receipt by the actor of stolen property (other than a
126-23 motor vehicle subject to Article 6687-1, Vernon's Texas Civil
126-24 Statutes) that the property has been previously stolen from another
126-25 if the actor pays for or loans against the property $50 <$25> or
126-26 more (or consideration of equivalent value) and the actor knowingly
126-27 or recklessly:
127-1 (A) fails to record the name, address, and
127-2 physical description or identification number of the seller or
127-3 pledgor;
127-4 (B) fails to record a complete description of
127-5 the property, including the serial number, if reasonably available,
127-6 or other identifying characteristics; or
127-7 (C) fails to obtain a signed warranty from the
127-8 seller or pledgor that the seller or pledgor has the right to
127-9 possess the property. It is the express intent of this provision
127-10 that the presumption arises unless the actor complies with each of
127-11 the numbered requirements;
127-12 (4) for the purposes of Subdivision (3)(A) <of this
127-13 subsection>, "identification number" means driver's license number,
127-14 military identification number, identification certificate, or
127-15 other official number capable of identifying an individual;
127-16 (5) stolen property does not lose its character as
127-17 stolen when recovered by any law enforcement agency;
127-18 (6) an actor engaged in the business of obtaining
127-19 abandoned or wrecked motor vehicles or parts of an abandoned or
127-20 wrecked motor vehicle for resale, disposal, scrap, repair,
127-21 rebuilding, demolition, or other form of salvage is presumed to
127-22 know on receipt by the actor of stolen property that the property
127-23 has been previously stolen from another if the actor knowingly or
127-24 recklessly:
127-25 (A) fails to maintain an accurate and legible
127-26 inventory of each <major> motor vehicle component part purchased by
127-27 or delivered to the actor, including the date of purchase or
128-1 delivery, the name, age, address, sex, and driver's license number
128-2 of the seller or person making the delivery, the license plate
128-3 number of the motor vehicle in which the part was delivered, a
128-4 complete description of the part, and the vehicle identification
128-5 number of the motor vehicle from which the part was removed, or in
128-6 lieu of maintaining an inventory, fails to record the name and
128-7 certificate of inventory number of the person who dismantled the
128-8 motor vehicle from which the part was obtained;
128-9 (B) fails on receipt of a motor vehicle to
128-10 obtain a certificate of authority, sales receipt, or transfer
128-11 document as required by Article V, Section 1, Chapter 741, Acts of
128-12 the 67th Legislature, Regular Session, 1981 (Article 4477-9a,
128-13 Vernon's Texas Civil Statutes), or a certificate of title showing
128-14 that the motor vehicle is not subject to a lien or that all
128-15 recorded liens on the motor vehicle have been released; or
128-16 (C) fails on receipt of a motor vehicle to
128-17 immediately remove an unexpired license plate from the motor
128-18 vehicle, to keep the plate in a secure and locked place, or to
128-19 maintain an inventory, on forms provided by the Texas <State>
128-20 Department of <Highways and Public> Transportation, of license
128-21 plates kept under this paragraph, including for each plate or set
128-22 of plates the license plate number and the make, motor number, and
128-23 vehicle identification number of the motor vehicle from which the
128-24 plate was removed; and
128-25 (7) an actor who purchases or receives a used or
128-26 secondhand motor vehicle is presumed to know on receipt by the
128-27 actor of the motor vehicle that the motor vehicle has been
129-1 previously stolen from another if the actor knowingly or
129-2 recklessly:
129-3 (A) fails to report to the Texas <State>
129-4 Department of <Highways and Public> Transportation the failure of
129-5 the person who sold or delivered the motor vehicle to the actor to
129-6 deliver to the actor a properly executed certificate of title to
129-7 the motor vehicle at the time the motor vehicle was delivered; or
129-8 (B) fails to file with the county tax
129-9 assessor-collector of the county in which the actor received the
129-10 motor vehicle, not later than the 20th day after the date the actor
129-11 received the motor vehicle, the registration license receipt and
129-12 certificate of title or evidence of title delivered to the actor in
129-13 accordance with Section 2, Chapter 364, Acts of the 50th
129-14 Legislature, Regular Session, 1947 (Article 6687-6, Vernon's Texas
129-15 Civil Statutes), at the time the motor vehicle was delivered<; and>
129-16 <(8) an actor who possesses a shopping cart, laundry
129-17 cart, or container that has a name or mark and is not on the
129-18 premises of the owner or an adjacent parking area is presumed to
129-19 have appropriated property without the owner's effective consent>.
129-20 (d) It is not a defense to prosecution under this section
129-21 that:
129-22 (1) the offense occurred as a result of a deception or
129-23 strategy on the part of a law enforcement agency, including the use
129-24 of an undercover operative or peace officer;
129-25 (2) the actor was provided by a law enforcement agency
129-26 with a facility in which to commit the offense or an opportunity to
129-27 engage in conduct constituting the offense; or
130-1 (3) the actor was solicited to commit the offense by a
130-2 peace officer, and the solicitation was of a type that would
130-3 encourage a person predisposed to commit the offense to actually
130-4 commit the offense, but would not encourage a person not
130-5 predisposed to commit the offense to actually commit the offense.
130-6 (e) Except as provided by Subsection (f) <of this section>,
130-7 an offense under this section is:
130-8 (1) a Class C misdemeanor if the value of the property
130-9 stolen is less than $50 <$20>;
130-10 (2) a Class B misdemeanor if:
130-11 (A) the value of the property stolen is $50
130-12 <$20> or more but less than $500 <$200>; or
130-13 (B) the value of the property stolen is less
130-14 than $20 and the defendant has previously been convicted of any
130-15 grade of theft;
130-16 (3) a Class A misdemeanor if<:>
130-17 <(A)> the value of the property stolen is $500
130-18 <$200> or more but less than $1,500 <$750; or>
130-19 <(B) the property stolen is one firearm, as
130-20 defined by Section 46.01 of this code, and is valued at less than
130-21 $400>;
130-22 (4) a state jail felony <of the third degree> if:
130-23 (A) the value of the property stolen is $1,500
130-24 <$750> or more but less than $20,000, or the property is one or
130-25 more head of cattle, horses, sheep, swine, or goats or any part
130-26 thereof under the value of $20,000;
130-27 (B) regardless of value, the property is stolen
131-1 from the person of another or from a human corpse or grave;
131-2 (C) the property stolen is a <one> firearm, as
131-3 defined by Section 46.01 <of this code, and is valued at more than
131-4 $400>; or
131-5 (D) <the property stolen is two or more
131-6 firearms, as defined by Section 46.01 of this code; or>
131-7 <(E)> the value of the property stolen is less
131-8 than $1,500 <$750> and the defendant has been previously convicted
131-9 two or more times of any grade of theft;
131-10 (5) a felony of the third <second> degree if<:>
131-11 <(A) the value of the property stolen is less
131-12 than $100,000 and the property is:>
131-13 <(i) combustible hydrocarbon natural or
131-14 synthetic natural gas, or crude petroleum oil;>
131-15 <(ii) equipment designed for use in
131-16 exploration for or production of natural gas or crude petroleum
131-17 oil; or>
131-18 <(iii) equipment designed for use in
131-19 remedial or diagnostic operations on gas or crude petroleum oil
131-20 wells;>
131-21 <(B)> the value of the property stolen is
131-22 $20,000 or more but less than $100,000; or
131-23 <(C) the value of the property is less than
131-24 $100,000 and the property was unlawfully appropriated or attempted
131-25 to be unlawfully appropriated by threat to commit a felony offense
131-26 against the person or property of the person threatened or another
131-27 or to withhold information about the location or purported location
132-1 of a bomb, poison, or other harmful object that threatens to harm
132-2 the person or property of the person threatened or another person;
132-3 or>
132-4 (6) a felony of the second <first> degree if<:>
132-5 <(A)> the value of the property stolen is
132-6 $100,000 or more<; or>
132-7 <(B) the value of the property is $100,000 or
132-8 more and the property was unlawfully appropriated or attempted to
132-9 be unlawfully appropriated in the manner described by Subdivision
132-10 (5)(C) of this subsection>.
132-11 (f) An offense described for purposes of punishment by
132-12 Subsection (e) <of this section> is increased to the next higher
132-13 category of offense if it is shown on the trial of the offense
132-14 that:
132-15 (1) the actor was a public servant at the time of the
132-16 offense; and
132-17 (2) the property appropriated came into the actor's
132-18 custody, possession, or control by virtue of his status as a public
132-19 servant.
132-20 <(g) For the purposes of Subsection (c)(8) of this section,
132-21 "shopping cart," "laundry cart," "container," and "name or mark"
132-22 have the respective meanings assigned by Section 17.31, Business &
132-23 Commerce Code.>
132-24 Sec. 31.04. Theft of Service. (a) A person commits theft
132-25 of service if, with intent to avoid payment for service that he
132-26 knows is provided only for compensation:
132-27 (1) he intentionally or knowingly secures performance
133-1 of the service by deception, threat, or false token;
133-2 (2) having control over the disposition of services of
133-3 another to which he is not entitled, he intentionally or knowingly
133-4 diverts the other's services to his own benefit or to the benefit
133-5 of another not entitled to them; or
133-6 (3) having control of personal property under a
133-7 written rental agreement, he holds the property beyond the
133-8 expiration of the rental period without the effective consent of
133-9 the owner of the property, thereby depriving the owner of the
133-10 property of its use in further rentals.
133-11 (b) For purposes of this section, intent to avoid payment is
133-12 presumed if:
133-13 (1) the actor absconded without paying for the service
133-14 in circumstances where payment is ordinarily made immediately upon
133-15 rendering of the service, as in hotels, restaurants, and comparable
133-16 establishments;
133-17 (2) the actor failed to return the property held under
133-18 a rental agreement within 10 days after receiving notice demanding
133-19 return; or
133-20 (3) the actor returns property held under a rental
133-21 agreement after the expiration of the rental agreement and fails to
133-22 pay the applicable rental charge for the property within 10 days
133-23 after the date on which the actor received notice demanding
133-24 payment.
133-25 (c) For purposes of Subsection (b)(2) <of this section>,
133-26 notice shall be notice in writing, sent by registered or certified
133-27 mail with return receipt requested or by telegram with report of
134-1 delivery requested, and addressed to the actor at his address shown
134-2 on the rental agreement.
134-3 (d) If written notice is given in accordance with Subsection
134-4 (c) <of this section>, it is presumed that the notice was received
134-5 no later than five days after it was sent.
134-6 (e) An offense under this section is:
134-7 (1) a Class C misdemeanor if the value of the service
134-8 stolen is less than $50 <$20>;
134-9 (2) a Class B misdemeanor if the value of the service
134-10 stolen is $50 <$20> or more but less than $500 <$200>;
134-11 (3) a Class A misdemeanor if the value of the service
134-12 stolen is $500 <$200> or more but less than $1,500 <$750>;
134-13 (4) a state jail felony <of the third degree> if the
134-14 value of the service stolen is $1,500 <$750> or more but less than
134-15 $20,000;
134-16 (5) a felony of the third <second> degree if the value
134-17 of the service stolen is $20,000 or more but less than $100,000; or
134-18 (6) a felony of the second degree if the value of the
134-19 service stolen is $100,000 or more.
134-20 Sec. 31.05. Theft of Trade Secrets. (a) For purposes of
134-21 this section:
134-22 (1) "Article" means any object, material, device, or
134-23 substance or any copy thereof, including a writing, recording,
134-24 drawing, sample, specimen, prototype, model, photograph,
134-25 microorganism, blueprint, or map.
134-26 (2) "Copy" means a facsimile, replica, photograph, or
134-27 other reproduction of an article or a note, drawing, or sketch made
135-1 of or from an article.
135-2 (3) "Representing" means describing, depicting,
135-3 containing, constituting, reflecting, or recording.
135-4 (4) "Trade secret" means the whole or any part of any
135-5 scientific or technical information, design, process, procedure,
135-6 formula, or improvement that has value and that the owner has taken
135-7 measures to prevent from becoming available to persons other than
135-8 those selected by the owner to have access for limited purposes.
135-9 (b) A person commits an offense if, without the owner's
135-10 effective consent, he knowingly:
135-11 (1) steals a trade secret;
135-12 (2) makes a copy of an article representing a trade
135-13 secret; or
135-14 (3) communicates or transmits a trade secret.
135-15 (c) An offense under this section is a felony of the third
135-16 degree.
135-17 Sec. 31.06. Presumption for Theft by Check. (a) If the
135-18 actor obtained property or secured performance of service by
135-19 issuing or passing a check or similar sight order for the payment
135-20 of money, when the issuer did not have sufficient funds in or on
135-21 deposit with the bank or other drawee for the payment in full of
135-22 the check or order as well as all other checks or orders then
135-23 outstanding, his intent to deprive the owner of property under
135-24 Section 31.03 <of this code> (Theft) or to avoid payment for
135-25 service under Section 31.04 <of this code> (Theft of Service) is
135-26 presumed (except in the case of a postdated check or order) if:
135-27 (1) he had no account with the bank or other drawee at
136-1 the time he issued the check or order; or
136-2 (2) payment was refused by the bank or other drawee
136-3 for lack of funds or insufficient funds, on presentation within 30
136-4 days after issue, and the issuer failed to pay the holder in full
136-5 within 10 days after receiving notice of that refusal.
136-6 (b) For purposes of Subsection (a)(2) <of this section>,
136-7 notice may be actual notice or notice in writing, sent by
136-8 registered or certified mail with return receipt requested or by
136-9 telegram with report of delivery requested, and addressed to the
136-10 issuer at his address shown on:
136-11 (1) the check or order;
136-12 (2) the records of the bank or other drawee; or
136-13 (3) the records of the person to whom the check or
136-14 order has been issued or passed.
136-15 (c) If written notice is given in accordance with Subsection
136-16 (b) <of this section>, it is presumed that the notice was received
136-17 no later than five days after it was sent.
136-18 (d) Nothing in this section prevents the prosecution from
136-19 establishing the requisite intent by direct evidence.
136-20 (e) Partial restitution does not preclude the presumption of
136-21 the requisite intent under this section.
136-22 Sec. 31.07. Unauthorized Use of a Vehicle. (a) A person
136-23 commits an offense if he intentionally or knowingly operates
136-24 another's boat, airplane, or motor-propelled vehicle without the
136-25 effective consent of the owner.
136-26 (b) An offense under this section is a state jail felony <of
136-27 the third degree>.
137-1 Sec. 31.08. Value. (a) Subject to the additional criteria
137-2 of Subsections (b) and (c) <of this section>, value under this
137-3 chapter is:
137-4 (1) the fair market value of the property or service
137-5 at the time and place of the offense; or
137-6 (2) if the fair market value of the property cannot be
137-7 ascertained, the cost of replacing the property within a reasonable
137-8 time after the theft.
137-9 (b) The value of documents, other than those having a
137-10 readily ascertainable market value, is:
137-11 (1) the amount due and collectible at maturity less
137-12 that part which has been satisfied, if the document constitutes
137-13 evidence of a debt; or
137-14 (2) the greatest amount of economic loss that the
137-15 owner might reasonably suffer by virtue of loss of the document, if
137-16 the document is other than evidence of a debt.
137-17 (c) Except as otherwise provided by this subsection, if <If>
137-18 property or service has value that cannot be reasonably ascertained
137-19 by the criteria set forth in Subsections (a) and (b) <of this
137-20 section>, the property or service is deemed to have a value of $500
137-21 or more <than $200> but less than $1,500. If the service is cable
137-22 television service or subscription television service, the service
137-23 is deemed to have a value of $50 or more but less than $500, unless
137-24 proof exists of a greater value <$750>.
137-25 (d) If the actor proves by a preponderance of the evidence
137-26 that he gave consideration for or had a legal interest in the
137-27 property or service stolen, the amount of the consideration or the
138-1 value of the interest so proven shall be deducted from the value of
138-2 the property or service ascertained under Subsection (a), (b), or
138-3 (c) <of this section> to determine value for purposes of this
138-4 chapter.
138-5 Sec. 31.09. Aggregation of Amounts Involved in Theft. When
138-6 amounts are obtained in violation of this chapter pursuant to one
138-7 scheme or continuing course of conduct, whether from the same or
138-8 several sources, the conduct may be considered as one offense and
138-9 the amounts aggregated in determining the grade of the offense.
138-10 Sec. 31.10. Actor's Interest in Property. It is no defense
138-11 to prosecution under this chapter that the actor has an interest in
138-12 the property or service stolen if another person has the right of
138-13 exclusive possession of the property.
138-14 Sec. 31.11. Tampering With Identification Numbers. (a) A
138-15 person commits an offense if the person:
138-16 (1) knowingly or intentionally removes, alters, or
138-17 obliterates the serial number or other permanent identification
138-18 marking on tangible personal property; or
138-19 (2) possesses, sells, or offers for sale tangible
138-20 personal property and:
138-21 (A) the actor knows that the serial number or
138-22 other permanent identification marking has been removed, altered,
138-23 or obliterated; or
138-24 (B) a reasonable person in the position of the
138-25 actor would have known that the serial number or other permanent
138-26 identification marking has been removed, altered, or obliterated.
138-27 (b) It is an affirmative defense to prosecution under this
139-1 section that the person was:
139-2 (1) the owner or acting with the effective consent of
139-3 the owner of the property involved <and the item of property is not
139-4 property listed in Subsection (e) of this section>;
139-5 (2) a peace officer acting in the actual discharge of
139-6 official duties; or
139-7 (3) acting with respect to a number assigned to a
139-8 vehicle by the Texas <State> Department of <Highways and Public>
139-9 Transportation and the person was:
139-10 (A) in the actual discharge of official duties
139-11 as an employee or agent of the department; or
139-12 (B) in full compliance with the rules of the
139-13 department as an applicant for an assigned number approved by the
139-14 department.
139-15 (c) Property involved in a violation of this section may be
139-16 treated as stolen for purposes of custody and disposition of the
139-17 property.
139-18 (d) An <Except as provided by Subsection (e) of this
139-19 section, an> offense under this section is a Class A misdemeanor.
139-20 (e) <An offense under this section is a felony of the third
139-21 degree if the property involved is:>
139-22 <(1) equipment designed for exploration or production
139-23 of natural gas or crude oil;>
139-24 <(2) equipment designed for remedial or diagnostic
139-25 operations on gas or crude oil wells;>
139-26 <(3) a vehicle or part of a vehicle;>
139-27 <(4) a tractor, farm implement, unit of special mobile
140-1 equipment, or a unit of off-road construction equipment not subject
140-2 to the Certificate of Title Act (Article 6687-1, Vernon's Texas
140-3 Civil Statutes);>
140-4 <(5) an aircraft, boat, or part of an aircraft or
140-5 boat; or>
140-6 <(6) a firearm or part of a firearm.>
140-7 <(f)> In this section, "vehicle" has the meaning given by
140-8 Section 2, Uniform Act Regulating Traffic on Highways (Article
140-9 6701d, Vernon's Texas Civil Statutes).
140-10 <Sec. 31.12. UNAUTHORIZED USE OF TELEVISION DECODING AND
140-11 INTERCEPTION DEVICE OR CABLE DESCRAMBLING, DECODING, OR
140-12 INTERCEPTION DEVICE. (a) A person commits an offense if, with the
140-13 intent to intercept and decode a transmission by a subscription
140-14 television service without the authorization of the provider of the
140-15 service, the person intentionally or knowingly attaches to, causes
140-16 to be attached to, or incorporates in a television set, video tape
140-17 recorder, or other equipment designed to receive a television
140-18 transmission a device that intercepts and decodes the transmission.>
140-19 <(b) A person commits an offense if, with the intent to
140-20 intercept, descramble, or decode a cable television service and
140-21 without the authorization of the provider of the service, the
140-22 person intentionally or knowingly:>
140-23 <(1) physically, electrically, electronically,
140-24 acoustically, or inductively makes or maintains an unauthorized
140-25 cable connection or otherwise intercepts cable television service;>
140-26 <(2) attaches to, causes to be attached to, maintains
140-27 an attachment to, or incorporates in a television set, video tape
141-1 recorder, other equipment designed to receive a television
141-2 transmission, or equipment of a cable television company a device
141-3 that intercepts, descrambles, or decodes the service; or>
141-4 <(3) tampers with, changes, or modifies the equipment
141-5 of a cable television company.>
141-6 <(c) In this section:>
141-7 <(1) "Cable television service" means a service
141-8 provided by or through a facility of a cable television system,
141-9 closed circuit coaxial cable communication system, or microwave or
141-10 similar transmission service used in connection with a cable
141-11 television system.>
141-12 <(2) "Device" means a device other than a nondecoding
141-13 or nondescrambling channel frequency converter or television
141-14 receiver type-accepted by the Federal Communications Commission.>
141-15 <(3) "Subscription television service" means a service
141-16 whereby television broadcast programs intended to be received in an
141-17 intelligible form by members of the public only for a fee or charge
141-18 are transmitted pursuant to the grant of subscription television
141-19 authority by the Federal Communications Commission. The term shall
141-20 not include cable television service or community antenna
141-21 television service.>
141-22 <(d) If an unauthorized device designed to intercept,
141-23 descramble, or decode a subscription television transmission or if
141-24 an unauthorized device designed to intercept, descramble, or decode
141-25 a cable television service is present on the premises or property
141-26 occupied and used by a person, it is presumed that the person
141-27 intentionally or knowingly used the device to intercept,
142-1 descramble, or decode a transmission or a service. If an
142-2 unauthorized cable connection is present on the premises or
142-3 property occupied and used by a person, it is presumed that the
142-4 person intentionally or knowingly used the connection to intercept
142-5 cable television service. If equipment of a cable television
142-6 company that has been tampered with, changed, or modified is
142-7 present on the premises or property occupied and used by a person,
142-8 it is presumed that the person intentionally or knowingly used the
142-9 equipment to intercept, descramble, or decode a cable television
142-10 service.>
142-11 <(e) The presumptions created by Subsection (d) of this
142-12 section do not apply if the person accused shows by a preponderance
142-13 of the evidence that the presence of the unauthorized device or
142-14 connection, or the tampering, change, or modification of the
142-15 equipment of the cable television company, may be attributed to the
142-16 conduct of another.>
142-17 <(f) The presumptions created by Subsection (d) of this
142-18 section do not apply to a telecommunications company that provides
142-19 local or long distance communications services and uses equipment
142-20 described by that subsection in the normal course of its business.>
142-21 <(g) This section does not prohibit the manufacture,
142-22 distribution, sale, or use of satellite receiving antennas that are
142-23 otherwise permitted by state or federal law.>
142-24 <(h) An offense under this section is a Class B misdemeanor
142-25 unless the actor committed the offense for remuneration, in which
142-26 event it is a Class A misdemeanor.>
142-27 <Sec. 31.13. MANUFACTURE, SALE, OR DISTRIBUTION OF
143-1 TELEVISION DECODING AND INTERCEPTION DEVICE OR CABLE DESCRAMBLING,
143-2 DECODING, OR INTERCEPTION DEVICE. (a) A person commits an offense
143-3 if the person for remuneration intentionally or knowingly
143-4 manufactures, distributes, or sells, with an intent to aid an
143-5 offense under Section 31.12 of this code, a device or a plan or
143-6 part for a device that intercepts and decodes a transmission by a
143-7 subscription television service or that intercepts, descrambles, or
143-8 decodes a cable television service.>
143-9 <(b) In this section, "cable television service," "device,"
143-10 and "subscription television service" have the meanings assigned by
143-11 Section 31.12 of this code.>
143-12 <(c) This section does not prohibit the manufacture,
143-13 distribution, sale, or use of satellite receiving antennas that are
143-14 otherwise permitted by state or federal law.>
143-15 <(d) An offense under this section is a Class A
143-16 misdemeanor.>
143-17 CHAPTER 32. FRAUD
143-18 SUBCHAPTER A. GENERAL PROVISIONS
143-19 Sec. 32.01. Definitions. In this chapter:
143-20 (1) "Financial institution" means a bank, trust
143-21 company, insurance company, credit union, building and loan
143-22 association, savings and loan association, investment trust,
143-23 investment company, or any other organization held out to the
143-24 public as a place for deposit of funds or medium of savings or
143-25 collective investment.
143-26 (2) "Property" means:
143-27 (A) real property;
144-1 (B) tangible or intangible personal property
144-2 including anything severed from land; or
144-3 (C) a document, including money, that represents
144-4 or embodies anything of value.
144-5 (3) "Service" includes:
144-6 (A) labor and professional service;
144-7 (B) telecommunication, public utility, and
144-8 transportation service;
144-9 (C) lodging, restaurant service, and
144-10 entertainment; and
144-11 (D) the supply of a motor vehicle or other
144-12 property for use.
144-13 (4) "Steal" means to acquire property or service by
144-14 theft.
144-15 Sec. 32.02. Value. (a) Subject to the additional criteria
144-16 of Subsections (b) and (c) <of this section>, value under this
144-17 chapter is:
144-18 (1) the fair market value of the property or service
144-19 at the time and place of the offense; or
144-20 (2) if the fair market value of the property cannot be
144-21 ascertained, the cost of replacing the property within a reasonable
144-22 time after the offense.
144-23 (b) The value of documents, other than those having a
144-24 readily ascertainable market value, is:
144-25 (1) the amount due and collectible at maturity less
144-26 any part that has been satisfied, if the document constitutes
144-27 evidence of a debt; or
145-1 (2) the greatest amount of economic loss that the
145-2 owner might reasonably suffer by virtue of loss of the document, if
145-3 the document is other than evidence of a debt.
145-4 (c) If property or service has value that cannot be
145-5 reasonably ascertained by the criteria set forth in Subsections (a)
145-6 and (b) <of this section>, the property or service is deemed to
145-7 have a value of $500 or more <than $20> but less than $1,500
145-8 <$200>.
145-9 (d) If the actor proves by a preponderance of the evidence
145-10 that he gave consideration for or had a legal interest in the
145-11 property or service stolen, the amount of the consideration or the
145-12 value of the interest so proven shall be deducted from the value of
145-13 the property or service ascertained under Subsection (a), (b), or
145-14 (c) <of this section> to determine value for purposes of this
145-15 chapter.
145-16 Sec. 32.03. Aggregation of Amounts Involved in Fraud. When
145-17 amounts are obtained in violation of this chapter pursuant to one
145-18 scheme or continuing course of conduct, whether from the same or
145-19 several sources, the conduct may be considered as one offense and
145-20 the amounts aggregated in determining the grade of offense.
145-21 (Sections 32.04-32.20 reserved for expansion)
145-22 SUBCHAPTER B. FORGERY
145-23 Sec. 32.21. Forgery. (a) For purposes of this section:
145-24 (1) "Forge" means:
145-25 (A) to alter, make, complete, execute, or
145-26 authenticate any writing so that it purports:
145-27 (i) to be the act of another who did not
146-1 authorize that act;
146-2 (ii) to have been executed at a time or
146-3 place or in a numbered sequence other than was in fact the case; or
146-4 (iii) to be a copy of an original when no
146-5 such original existed;
146-6 (B) to issue, transfer, register the transfer
146-7 of, pass, publish, or otherwise utter a writing that is forged
146-8 within the meaning of Paragraph (A) <of this subdivision>; or
146-9 (C) to possess a writing that is forged within
146-10 the meaning of Paragraph (A) with intent to utter it in a manner
146-11 specified in Paragraph (B) <of this subdivision>.
146-12 (2) "Writing" includes:
146-13 (A) printing or any other method of recording
146-14 information;
146-15 (B) money, coins, tokens, stamps, seals, credit
146-16 cards, badges, and trademarks; and
146-17 (C) symbols of value, right, privilege, or
146-18 identification.
146-19 (b) A person commits an offense if he forges a writing with
146-20 intent to defraud or harm another.
146-21 (c) Except as provided in Subsections (d) and (e) <of this
146-22 section> an offense under this section is a Class A misdemeanor.
146-23 (d) An offense under this section is a state jail felony <of
146-24 the third degree> if the writing is or purports to be a will,
146-25 codicil, deed, deed of trust, mortgage, security instrument,
146-26 security agreement, credit card, check or similar sight order for
146-27 payment of money, contract, release, or other commercial
147-1 instrument.
147-2 (e) An offense under this section is a felony of the third
147-3 <second> degree if the writing is or purports to be:
147-4 (1) part of an issue of money, securities, postage or
147-5 revenue stamps;
147-6 (2) a government record listed in Section 37.01(1)(C)
147-7 <of this code>; or
147-8 (3) other instruments issued by a state or national
147-9 government or by a subdivision of either, or part of an issue of
147-10 stock, bonds, or other instruments representing interests in or
147-11 claims against another person.
147-12 (f) A person is presumed to intend to defraud or harm
147-13 another if the person acts with respect to two or more writings of
147-14 the same type and if each writing is a government record listed in
147-15 Section 37.01(1)(C) <of this code>.
147-16 Sec. 32.22. CRIMINAL SIMULATION. (a) A person commits an
147-17 offense if, with intent to defraud or harm another:
147-18 (1) he makes or alters an object, in whole or in part,
147-19 so that it appears to have value because of age, antiquity, rarity,
147-20 source, or authorship that it does not have;
147-21 (2) <he sells, passes, or otherwise utters an object
147-22 so made or altered;>
147-23 <(3)> he possesses an object so made or altered, with
147-24 intent to sell, pass, or otherwise utter it; or
147-25 (3) <(4)> he authenticates or certifies an object so
147-26 made or altered as genuine or as different from what it is.
147-27 (b) An offense under this section is a Class A misdemeanor.
148-1 (Sections 32.23-32.30 reserved for expansion)
148-2 SUBCHAPTER C. CREDIT
148-3 Sec. 32.31. CREDIT CARD OR DEBIT CARD ABUSE. (a) For
148-4 purposes of this section:
148-5 (1) "Cardholder" means the person named on the face of
148-6 a credit card or debit card to whom or for whose benefit the
148-7 <credit> card is issued.
148-8 (2) "Credit card" means an identification card, plate,
148-9 coupon, book, number, or any other device authorizing a designated
148-10 person or bearer to obtain property or services on credit. The
148-11 term <It> includes the number or description of the device if the
148-12 device itself is not produced at the time of ordering or obtaining
148-13 the property or service.
148-14 (3) "Expired credit card" means a credit card bearing
148-15 an expiration date after that date has passed.
148-16 (4) "Debit card" means an identification card, plate,
148-17 coupon, book, number, or any other device authorizing a designated
148-18 person or bearer to communicate a request to an unmanned teller
148-19 machine or a customer convenience terminal. The term includes the
148-20 number or description of the device if the device itself is not
148-21 produced at the time of ordering or obtaining the benefit.
148-22 (5) "Expired debit card" means a debit card bearing as
148-23 its expiration date a date that has passed.
148-24 (6) "Unmanned teller machine" means a machine, other
148-25 than a telephone, capable of being operated solely by a customer,
148-26 by which a customer may communicate to a financial institution a
148-27 request to withdraw a benefit for himself or for another directly
149-1 from the customer's account or from the customer's account under a
149-2 line of credit previously authorized by the institution for the
149-3 customer.
149-4 (7) "Customer convenience terminal" means an unmanned
149-5 teller machine the use of which does not involve personnel of a
149-6 financial institution.
149-7 (b) A person commits an offense if:
149-8 (1) with intent to obtain a benefit <property or
149-9 service> fraudulently, he presents or uses a credit card or debit
149-10 card with knowledge that:
149-11 (A) the card, whether or not expired, has not
149-12 been issued to him and is not used with the effective consent of
149-13 the cardholder; or
149-14 (B) the card has expired or has been revoked or
149-15 cancelled;
149-16 (2) with intent to obtain a benefit <property or
149-17 service>, he uses a fictitious credit card or debit card or the
149-18 pretended number or description of a fictitious <credit> card;
149-19 (3) he receives a benefit <property or service> that
149-20 he knows has been obtained in violation of this section;
149-21 (4) he steals a credit card or debit card or, with
149-22 knowledge that it has been stolen, receives a credit card or debit
149-23 card with intent to use it, to sell it, or to transfer it to a
149-24 person other than the issuer or the cardholder;
149-25 (5) he buys a credit card or debit card from a person
149-26 who he knows is not the issuer;
149-27 (6) not being the issuer, he sells a credit card or
150-1 debit card;
150-2 (7) he uses or induces the cardholder to use the
150-3 cardholder's credit card to obtain property or service for the
150-4 actor's benefit for which the cardholder is financially unable to
150-5 pay;
150-6 (8) not being the cardholder, and without the
150-7 effective consent of the cardholder, he signs or writes his name or
150-8 the name of another on a credit card or debit card with intent to
150-9 use it;
150-10 (9) he possesses two or more incomplete credit cards
150-11 or debit cards that have not been issued to him with intent to
150-12 complete them without the effective consent of the issuer. For
150-13 purposes of this subdivision, a <credit> card is incomplete if part
150-14 of the matter that an issuer requires to appear on the <credit>
150-15 card before it can be used, <(>other than the signature of the
150-16 cardholder,<)> has not yet been stamped, embossed, imprinted, or
150-17 written on it;
150-18 (10) being authorized by an issuer to furnish goods or
150-19 services on presentation of a credit card, he, with intent to
150-20 defraud the issuer or the cardholder, furnishes goods or services
150-21 on presentation of a credit card obtained or retained in violation
150-22 of this section or a credit card that is forged, expired, or
150-23 revoked; or
150-24 (11) being authorized by an issuer to furnish goods or
150-25 services on presentation of a credit card, he, with intent to
150-26 defraud the issuer or a cardholder, fails to furnish goods or
150-27 services that he represents in writing to the issuer that he has
151-1 furnished.
151-2 (c) It is presumed that a person who used a revoked,
151-3 cancelled, or expired credit card or debit card had knowledge that
151-4 the card had been revoked, cancelled, or expired if he had received
151-5 notice of revocation, cancellation, or expiration from the issuer.
151-6 For purposes of this section, notice may be either notice given
151-7 orally in person or by telephone, or in writing by mail or by
151-8 telegram. If written notice was sent by registered or certified
151-9 mail with return receipt requested, or by telegram with report of
151-10 delivery requested, addressed to the cardholder at the last address
151-11 shown by the records of the issuer, it is presumed that the notice
151-12 was received by the cardholder no later than five days after sent.
151-13 (d) An offense under this section is a state jail felony <of
151-14 the third degree>.
151-15 Sec. 32.32. FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT.
151-16 (a) For purposes of this section, "credit" includes:
151-17 (1) a loan of money;
151-18 (2) furnishing property or service on credit;
151-19 (3) extending the due date of an obligation;
151-20 (4) comaking, endorsing, or guaranteeing a note or
151-21 other instrument for obtaining credit;
151-22 (5) a line or letter of credit; and
151-23 (6) a credit card, as defined in Section 32.31 <of
151-24 this code> (Credit Card Abuse).
151-25 (b) A person commits an offense if he intentionally or
151-26 knowingly makes a materially false or misleading written statement
151-27 to obtain property or credit for himself or another.
152-1 (c) An offense under this section is a Class A misdemeanor.
152-2 Sec. 32.33. Hindering Secured Creditors. (a) For purposes
152-3 of this section:
152-4 (1) "Remove" means transport, without the effective
152-5 consent of the secured party, from the state in which the property
152-6 was located when the security interest or lien attached.
152-7 (2) "Security interest" means an interest in personal
152-8 property or fixtures that secures payment or performance of an
152-9 obligation.
152-10 (b) A person who has signed a security agreement creating a
152-11 security interest in property or a mortgage or deed of trust
152-12 creating a lien on property commits an offense if, with intent to
152-13 hinder enforcement of that interest or lien, he destroys, removes,
152-14 conceals, encumbers, or otherwise harms or reduces the value of the
152-15 property.
152-16 (c) For purposes of this section, a person is presumed to
152-17 have intended to hinder enforcement of the security interest or
152-18 lien if, when any part of the debt secured by the security interest
152-19 or lien was due, he failed:
152-20 (1) to pay the part then due; and
152-21 (2) if the secured party had made demand, to deliver
152-22 possession of the secured property to the secured party.
152-23 (d) An <Except as provided in Subsections (e) and (f) of
152-24 this section, an> offense under Subsection (b) <this section> is a:
152-25 (1) Class C misdemeanor if the value of the property
152-26 harmed or reduced in value is less than $50;
152-27 (2) Class B misdemeanor if the value of the property
153-1 harmed or reduced in value is $50 or more but less than $500;
153-2 (3) Class A misdemeanor if the value of the property
153-3 harmed or reduced in value is $500 or more but less than $1,500;
153-4 (4) state jail felony if the value of the property
153-5 harmed or reduced in value is $1,500 or more but less than $20,000;
153-6 (5) felony of the third degree if the value of the
153-7 property harmed or reduced in value is $20,000 or more but less
153-8 than $100,000; or
153-9 (6) felony of the second degree if the value of the
153-10 property harmed or reduced in value is $100,000 or more <Class A
153-11 misdemeanor>.
153-12 (e) <If the actor removes the property, the offense is a
153-13 felony of the third degree.>
153-14 <(f)> A person who is a debtor under a security agreement,
153-15 and who does not have a right to sell or dispose of the secured
153-16 property or is required to account to the secured party for the
153-17 proceeds of a permitted sale or disposition, commits an offense if
153-18 the person sells or otherwise disposes of the secured property, or
153-19 does not account to the secured party for the proceeds of a sale or
153-20 other disposition as required, with intent to appropriate (as
153-21 defined in Chapter 31 <of this code>) the proceeds or value of the
153-22 secured property. A person is presumed to have intended to
153-23 appropriate proceeds if the person does not deliver the proceeds to
153-24 the secured party or account to the secured party for the proceeds
153-25 before the 11th day after the day that the secured party makes a
153-26 lawful demand for the proceeds or account. An offense under this
153-27 subsection is:
154-1 (1) a Class C <A> misdemeanor if the proceeds obtained
154-2 from the sale or other disposition are money or goods having a
154-3 value of less than $50 <$10,000>;
154-4 (2) a Class B misdemeanor if the proceeds obtained
154-5 from the sale or other disposition are money or goods having a
154-6 value of $50 or more but less than $500;
154-7 (3) a Class A misdemeanor if the proceeds obtained
154-8 from the sale or other disposition are money or goods having a
154-9 value of $500 or more but less than $1,500;
154-10 (4) a state jail felony if the proceeds obtained from
154-11 the sale or other disposition are money or goods having a value of
154-12 $1,500 or more but less than $20,000;
154-13 (5) a felony of the third degree if the proceeds
154-14 obtained from the sale or other disposition are money or goods
154-15 having a value of $20,000 or more but less than $100,000; or
154-16 (6) a felony of the second degree if the proceeds
154-17 obtained from the sale or other disposition are money or goods
154-18 having a value of $100,000 or more <a felony of the third degree if
154-19 the proceeds obtained from the sale or other disposition are money
154-20 or goods having a value of $10,000 or more>.
154-21 <Sec. 32.34. FRAUD IN INSOLVENCY. (a) A person commits an
154-22 offense if, when proceedings have been or are about to be
154-23 instituted for the appointment of a trustee, receiver, or other
154-24 person entitled to administer property for the benefit of
154-25 creditors, or when any other assignment, composition, or
154-26 liquidation for the benefit of creditors has been or is about to be
154-27 made:>
155-1 <(1) he destroys, removes, conceals, encumbers,
155-2 transfers, or otherwise harms or reduces the value of the property
155-3 with intent to defeat or obstruct the operation of a law relating
155-4 to administration of property for the benefit of creditors;>
155-5 <(2) he intentionally falsifies any writing or record
155-6 relating to the property or any claim against the debtor; or>
155-7 <(3) he intentionally misrepresents or refuses to
155-8 disclose to a trustee or receiver, or other person entitled to
155-9 administer property for the benefit of creditors, the existence,
155-10 amount, or location of the property, or any other information that
155-11 the actor could legally be required to furnish in relation to the
155-12 administration.>
155-13 <(b) An offense under this section is a Class A misdemeanor.>
155-14 <Sec. 32.35. RECEIVING DEPOSIT, PREMIUM, OR INVESTMENT IN
155-15 FAILING FINANCIAL INSTITUTION. (a) A person directing or
155-16 participating in the direction of a financial institution commits
155-17 an offense if he receives or permits the receipt of a deposit,
155-18 premium payment, or investment in the institution knowing that, due
155-19 to the financial condition of the institution:>
155-20 <(1) it is unable to make payment of the deposit on
155-21 demand, if it is a deposit ordinarily payable on demand; or>
155-22 <(2) it is about to suspend operations or go into
155-23 receivership.>
155-24 <(b) It is a defense to prosecution under this section that:>
155-25 <(1) the person making the deposit, premium payment,
155-26 or investment was adequately informed of the financial condition of
155-27 the institution; or>
156-1 <(2) the accounts of the institution are insured or
156-2 guaranteed by an agency or instrumentality of the United States
156-3 government or in accordance with the Texas Credit Union Act
156-4 (Article 2461-1.01 et seq., Vernon's Texas Civil Statutes).>
156-5 <(c) An offense under this section is a Class A
156-6 misdemeanor.>
156-7 Sec. 32.34 <32.36>. FRAUDULENT TRANSFER OF A MOTOR VEHICLE.
156-8 (a) In this section:
156-9 (1) "Lease" means the grant of use and possession of a
156-10 motor vehicle for consideration, whether or not the grant includes
156-11 an option to buy the vehicle.
156-12 (2) "Motor vehicle" means a device in, on, or by which
156-13 a person or property is or may be transported or drawn on a
156-14 highway, except a device used exclusively on stationary rails or
156-15 tracks.
156-16 (3) "Security interest" means an interest in personal
156-17 property or fixtures that secures payment or performance of an
156-18 obligation.
156-19 (4) "Third party" means a person other than the actor
156-20 or the owner of the vehicle.
156-21 (5) "Transfer" means to transfer possession, whether
156-22 or not another right is also transferred, by means of a sale,
156-23 lease, sublease, lease assignment, or other property transfer.
156-24 (b) A person commits an offense if the person acquires,
156-25 accepts possession of, or exercises control over the motor vehicle
156-26 of another under a written or oral agreement to arrange for the
156-27 transfer of the vehicle to a third party and:
157-1 (1) knowing the vehicle is subject to a security
157-2 interest, lease, or lien, the person transfers the vehicle to a
157-3 third party without first obtaining written authorization from the
157-4 vehicle's secured creditor, lessor, or lienholder;
157-5 (2) intending to defraud or harm the vehicle's owner,
157-6 the person transfers the vehicle to a third party;
157-7 (3) intending to defraud or harm the vehicle's owner,
157-8 the person disposes of the vehicle in a manner other than by
157-9 transfer to a third party; or
157-10 (4) the person does not disclose the location of the
157-11 vehicle on the request of the vehicle's owner, secured creditor,
157-12 lessor, or lienholder.
157-13 (c) For the purposes of Subsection (b)(2) <of this section>,
157-14 the actor is presumed to have intended to defraud or harm the motor
157-15 vehicle's owner if the actor does not take reasonable steps to
157-16 determine whether or not the third party is financially able to pay
157-17 for the vehicle.
157-18 (d) It is a defense to prosecution under Subsection (b)(1)
157-19 <of this section> that the entire indebtedness secured by or owed
157-20 under the security interest, lease, or lien is paid or satisfied in
157-21 full not later than the 30th day after the date that the transfer
157-22 was made.
157-23 (e) It is not a defense to prosecution under Subsection
157-24 (b)(1) <of this section> that the motor vehicle's owner has
157-25 violated a contract creating a security interest, lease, or lien in
157-26 the motor vehicle.
157-27 (f) An offense under Subsection (b)(1), (b)(2), or (b)(3)
158-1 <of this section> is:
158-2 (1) a state jail felony <of the third degree> if the
158-3 value of the motor vehicle is less than $20,000; or
158-4 (2) a felony of the third <second> degree if the value
158-5 of the motor vehicle is $20,000 or more.
158-6 (g) An offense under Subsection (b)(4) <of this section> is
158-7 a Class A misdemeanor.
158-8 Sec. 32.35 <32.37>. CREDIT CARD TRANSACTION RECORD
158-9 LAUNDERING. (a) In this section:
158-10 (1) "Agent" means a person authorized to act on behalf
158-11 of another and includes an employee.
158-12 (2) "Authorized vendor" means a person authorized by a
158-13 creditor to furnish property, service, or anything else of value
158-14 upon presentation of a credit card by a cardholder.
158-15 (3) "Cardholder" means the person named on the face of
158-16 a credit card to whom or for whose benefit the credit card is
158-17 issued, and includes the named person's agents.
158-18 (4) "Credit card" means an identification card, plate,
158-19 coupon, book, number, or any other device authorizing a designated
158-20 person or bearer to obtain property or services on credit. It
158-21 includes the number or description on the device if the device
158-22 itself is not produced at the time of ordering or obtaining the
158-23 property or service.
158-24 (5) "Creditor" means a person licensed under Chapter
158-25 3, Subtitle 2, Title 79, Revised Statutes (Article 5069-3.01 et
158-26 seq., Vernon's Texas Civil Statutes), a bank, savings and loan
158-27 association, credit union, or other regulated financial institution
159-1 that lends money or otherwise extends credit to a cardholder
159-2 through a credit card and that authorizes other persons to honor
159-3 the credit card.
159-4 (b) A person commits an offense if the person is an
159-5 authorized vendor who, with intent to defraud the creditor or
159-6 cardholder, presents to a creditor, for payment, a credit card
159-7 transaction record of a sale that was not made by the authorized
159-8 vendor or the vendor's agent.
159-9 (c) A person commits an offense if, without the creditor's
159-10 authorization, the person employs, solicits, or otherwise causes an
159-11 authorized vendor or the vendor's agent to present to a creditor,
159-12 for payment, a credit card transaction record of a sale that was
159-13 not made by the authorized vendor or the vendor's agent.
159-14 (d) It is presumed that a person is not the agent of an
159-15 authorized vendor if a fee is paid or offered to be paid by the
159-16 person to the authorized vendor in connection with the vendor's
159-17 presentment to a creditor of a credit card transaction record.
159-18 (e) An offense under this section is a:
159-19 (1) Class C misdemeanor if the amount of the record of
159-20 a sale is less than $50;
159-21 (2) Class B misdemeanor if the amount of the record of
159-22 a sale is $50 or more but less than $500;
159-23 (3) Class A misdemeanor if the amount of the record of
159-24 a sale is $500 or more but less than $1,500;
159-25 (4) state jail felony if the amount of the record of a
159-26 sale is $1,500 or more but less than $20,000;
159-27 (5) felony of the third degree if the amount of the
160-1 record of a sale is $20,000 or more but less than $100,000; or
160-2 (6) felony of the second degree if the amount of the
160-3 record of a sale is $100,000 or more <Class A misdemeanor>.
160-4 (Sections 32.36 <32.38>-32.40 reserved for expansion)
160-5 SUBCHAPTER D. OTHER DECEPTIVE PRACTICES
160-6 Sec. 32.41. Issuance of Bad Check. (a) A person commits an
160-7 offense if he issues or passes a check or similar sight order for
160-8 the payment of money knowing that the issuer does not have
160-9 sufficient funds in or on deposit with the bank or other drawee for
160-10 the payment in full of the check or order as well as all other
160-11 checks or orders outstanding at the time of issuance.
160-12 (b) This section does not prevent the prosecution from
160-13 establishing the required knowledge by direct evidence; however,
160-14 for purposes of this section, the issuer's knowledge of
160-15 insufficient funds is presumed (except in the case of a postdated
160-16 check or order) if:
160-17 (1) he had no account with the bank or other drawee at
160-18 the time he issued the check or order; or
160-19 (2) payment was refused by the bank or other drawee
160-20 for lack of funds or insufficient funds on presentation within 30
160-21 days after issue and the issuer failed to pay the holder in full
160-22 within 10 days after receiving notice of that refusal.
160-23 (c) Notice for purposes of Subsection (b)(2) <of this
160-24 section> may be notice in writing, sent by registered or certified
160-25 mail with return receipt requested or by telegram with report of
160-26 delivery requested, and addressed to the issuer at his address
160-27 shown on:
161-1 (1) the check or order;
161-2 (2) the records of the bank or other drawee; or
161-3 (3) the records of the person to whom the check or
161-4 order has been issued or passed.
161-5 (d) If notice is given in accordance with Subsection (c) <of
161-6 this section>, it is presumed that the notice was received no later
161-7 than five days after it was sent.
161-8 (e) A person charged with an offense under this section may
161-9 make restitution for the bad checks. Restitution shall be made
161-10 through the prosecutor's office if collection and processing were
161-11 initiated through that office. In other cases restitution may,
161-12 with the approval of the court in which the offense is filed, be
161-13 made through the court.
161-14 (f) An offense under this section is a Class C misdemeanor.
161-15 (g) An offense under this section is not a lesser included
161-16 offense of an offense under Section 31.03 or 31.04 <of this code>.
161-17 Sec. 32.42. Deceptive Business Practices. (a) For purposes
161-18 of this section:
161-19 (1) "Adulterated" means varying from the standard of
161-20 composition or quality prescribed by law or set by established
161-21 commercial usage.
161-22 (2) "Business" includes trade and commerce and
161-23 advertising, selling, and buying service or property.
161-24 (3) "Commodity" means any tangible or intangible
161-25 personal property.
161-26 (4) "Contest" includes sweepstake, puzzle, and game of
161-27 chance.
162-1 (5) "Deceptive sales contest" means a sales contest:
162-2 (A) that misrepresents the participant's chance
162-3 of winning a prize;
162-4 (B) that fails to disclose to participants on a
162-5 conspicuously displayed permanent poster (if the contest is
162-6 conducted by or through a retail outlet) or on each card game
162-7 piece, entry blank, or other paraphernalia required for
162-8 participation in the contest (if the contest is not conducted by or
162-9 through a retail outlet):
162-10 (i) the geographical area or number of
162-11 outlets in which the contest is to be conducted;
162-12 (ii) an accurate description of each type
162-13 of prize;
162-14 (iii) the minimum number and minimum
162-15 amount of cash prizes; and
162-16 (iv) the minimum number of each other type
162-17 of prize; or
162-18 (C) that is manipulated or rigged so that prizes
162-19 are given to predetermined persons or retail establishments. A
162-20 sales contest is not deceptive if the total value of prizes to each
162-21 retail outlet is in a uniform ratio to the number of game pieces
162-22 distributed to that outlet.
162-23 (6) "Mislabeled" means varying from the standard of
162-24 truth or disclosure in labeling prescribed by law or set by
162-25 established commercial usage.
162-26 (7) "Prize" includes gift, discount, coupon,
162-27 certificate, gratuity, and any other thing of value awarded in a
163-1 sales contest.
163-2 (8) "Sales contest" means a contest in connection with
163-3 the sale of a commodity or service by which a person may, as
163-4 determined by drawing, guessing, matching, or chance, receive a
163-5 prize and which is not regulated by the rules of a federal
163-6 regulatory agency.
163-7 (9) "Sell" and "sale" include offer for sale,
163-8 advertise for sale, expose for sale, keep for the purpose of sale,
163-9 deliver for or after sale, solicit and offer to buy, and every
163-10 disposition for value.
163-11 (b) A person commits an offense if in the course of business
163-12 he intentionally, knowingly, recklessly, or with criminal
163-13 negligence commits one or more of the following deceptive business
163-14 practices:
163-15 (1) using, selling, or possessing for use or sale a
163-16 false weight or measure, or any other device for falsely
163-17 determining or recording any quality or quantity;
163-18 (2) selling less than the represented quantity of a
163-19 property or service;
163-20 (3) taking more than the represented quantity of
163-21 property or service when as a buyer the actor furnishes the weight
163-22 or measure;
163-23 (4) selling an adulterated or mislabeled commodity;
163-24 (5) passing off property or service as that of
163-25 another;
163-26 (6) representing that a commodity is original or new
163-27 if it is deteriorated, altered, rebuilt, reconditioned, reclaimed,
164-1 used, or secondhand;
164-2 (7) representing that a commodity or service is of a
164-3 particular style, grade, or model if it is of another;
164-4 (8) advertising property or service with intent:
164-5 (A) not to sell it as advertised, or
164-6 (B) not to supply reasonably expectable public
164-7 demand, unless the advertising adequately discloses a time or
164-8 quantity limit;
164-9 (9) representing the price of property or service
164-10 falsely or in a way tending to mislead;
164-11 (10) making a materially false or misleading statement
164-12 of fact concerning the reason for, existence of, or amount of a
164-13 price or price reduction;
164-14 (11) conducting a deceptive sales contest; or
164-15 (12) making a materially false or misleading
164-16 statement:
164-17 (A) in an advertisement for the purchase or sale
164-18 of property or service; or
164-19 (B) otherwise in connection with the purchase or
164-20 sale of property or service.
164-21 (c) An offense under Subsections (b)(1), (b)(2), (b)(3),
164-22 (b)(4), (b)(5), and (b)(6) <of this section> is:
164-23 (1) a Class C misdemeanor if the actor commits an
164-24 offense with criminal negligence and if he has not previously been
164-25 convicted of a deceptive business practice; or
164-26 (2) a Class A misdemeanor if the actor commits an
164-27 offense intentionally, knowingly, recklessly or if he has been
165-1 previously convicted of a Class B or C misdemeanor under this
165-2 section.
165-3 (d) An offense under Subsections (b)(7), (b)(8), (b)(9),
165-4 (b)(10), (b)(11), and (b)(12) is a Class A misdemeanor.
165-5 Sec. 32.43. Commercial Bribery. (a) For purposes of this
165-6 section:
165-7 (1) "Beneficiary" means a person for whom a fiduciary
165-8 is acting.
165-9 (2) "Fiduciary" means:
165-10 (A) an agent or employee;
165-11 (B) a trustee, guardian, custodian,
165-12 administrator, executor, conservator, receiver, or similar
165-13 fiduciary;
165-14 (C) a lawyer, physician, accountant, appraiser,
165-15 or other professional advisor; or
165-16 (D) an officer, director, partner, manager, or
165-17 other participant in the direction of the affairs of a corporation
165-18 or association.
165-19 (b) A person who is a fiduciary commits an offense if,
165-20 without the consent of his beneficiary, he intentionally or
165-21 knowingly solicits, accepts, or agrees to accept any benefit from
165-22 another person on agreement or understanding that the benefit will
165-23 influence the conduct of the fiduciary in relation to the affairs
165-24 of his beneficiary.
165-25 (c) A person commits an offense if he offers, confers, or
165-26 agrees to confer any benefit the acceptance of which is an offense
165-27 under Subsection (b) <of this section>.
166-1 (d) An offense under this section is a state jail felony <of
166-2 the third degree>.
166-3 (e) In lieu of a fine that is authorized by Subsection (d)
166-4 <of this section>, and in addition to the imprisonment that is
166-5 authorized by that subsection, if the court finds that an
166-6 individual who is a fiduciary gained a benefit through the
166-7 commission of an offense under Subsection (b) <of this section>,
166-8 the court may sentence the individual to pay a fine in an amount
166-9 fixed by the court, not to exceed double the value of the benefit
166-10 gained. This subsection does not affect the application of Section
166-11 12.51(c) <of this code> to an offense under this section committed
166-12 by a corporation or association.
166-13 Sec. 32.44. Rigging Publicly Exhibited Contest. (a) A
166-14 person commits an offense if, with intent to affect the outcome
166-15 (including the score) of a publicly exhibited contest:
166-16 (1) he offers, confers, or agrees to confer any
166-17 benefit on, or threatens harm to:
166-18 (A) a participant in the contest to induce him
166-19 not to use his best efforts; or
166-20 (B) an official or other person associated with
166-21 the contest; or
166-22 (2) he tampers with a person, animal, or thing in a
166-23 manner contrary to the rules of the contest.
166-24 (b) A person commits an offense if he intentionally or
166-25 knowingly solicits, accepts, or agrees to accept any benefit the
166-26 conferring of which is an offense under Subsection (a) <of this
166-27 section>.
167-1 (c) An <Except as provided in Subsection (d) of this
167-2 section, an> offense under this section is a Class A misdemeanor.
167-3 <(d) An offense under this section is a felony of the third
167-4 degree if the actor's conduct is in connection with betting or
167-5 wagering on the contest.>
167-6 Sec. 32.441. Illegal Recruitment of an Athlete. (a) A
167-7 person commits an offense if, without the consent of the governing
167-8 body or a designee of the governing body of an institution of
167-9 higher education, the person intentionally or knowingly solicits,
167-10 accepts, or agrees to accept any benefit from another on an
167-11 agreement or understanding that the benefit will influence the
167-12 conduct of the person in enrolling in the institution and
167-13 participating in intercollegiate athletics.
167-14 (b) A person commits an offense if he offers, confers, or
167-15 agrees to confer any benefit the acceptance of which is an offense
167-16 under Subsection (a) <of this section>.
167-17 (c) It is an exception to prosecution under this section
167-18 that the person offering, conferring, or agreeing to confer a
167-19 benefit and the person soliciting, accepting, or agreeing to accept
167-20 a benefit are related within the second degree of consanguinity or
167-21 affinity, as determined under Article 5996h, Revised Statutes.
167-22 (d) It is an exception to prosecution under Subsection (a)
167-23 <of this section> that, not later than the 60th day after the date
167-24 the person accepted or agreed to accept a benefit, the person
167-25 contacted a law enforcement agency and furnished testimony or
167-26 evidence about the offense.
167-27 (e) An offense under <Subsection (a) of> this section is a:
168-1 (1) Class C misdemeanor if the value of the benefit is
168-2 less than $50;
168-3 (2) Class B misdemeanor if the value of the benefit is
168-4 $50 or more but less than $500;
168-5 (3) Class A misdemeanor if the value of the benefit is
168-6 $500 or more but less than $1,500;
168-7 (4) state jail felony if the value of the benefit is
168-8 $1,500 or more but less than $20,000;
168-9 (5) felony of the third degree if the value of the
168-10 benefit is $20,000 or more but less than $100,000; or
168-11 (6) felony of the second degree if the value of the
168-12 benefit is $100,000 or more <Class A misdemeanor. An offense under
168-13 Subsection (b) of this section is a felony of the third degree>.
168-14 Sec. 32.45. Misapplication of Fiduciary Property or Property
168-15 of Financial Institution. (a) For purposes of this section:
168-16 (1) "Fiduciary" includes:
168-17 (A) trustee, guardian, administrator, executor,
168-18 conservator, and receiver;
168-19 (B) any other person acting in a fiduciary
168-20 capacity, but not a commercial bailee; and
168-21 (C) an officer, manager, employee, or agent
168-22 carrying on fiduciary functions on behalf of a fiduciary.
168-23 (2) "Misapply" means deal with property contrary to:
168-24 (A) an agreement under which the fiduciary holds
168-25 the property; or
168-26 (B) a law prescribing the custody or disposition
168-27 of the property.
169-1 (b) A person commits an offense if he intentionally,
169-2 knowingly, or recklessly misapplies property he holds as a
169-3 fiduciary or property of a financial institution in a manner that
169-4 involves substantial risk of loss to the owner of the property or
169-5 to a person for whose benefit the property is held.
169-6 (c) An offense under this section is:
169-7 (1) a Class C misdemeanor if the value of the property
169-8 misapplied is less than $50;
169-9 (2) a Class B misdemeanor if the value of the property
169-10 misapplied is $50 or more but less than $500;
169-11 (3) a Class A misdemeanor if the value of the property
169-12 misapplied is $500 or more but less than $1,500 <$200>;
169-13 (4) <(2)> a state jail felony <of the third degree> if
169-14 the value of the property misapplied is $1,500 <$200> or more but
169-15 less than $20,000 <$10,000>;
169-16 (5) <(3)> a felony of the third <second> degree if the
169-17 value of the property misapplied is $20,000 <$10,000> or more but
169-18 less than $100,000; or
169-19 (6) <(4)> a felony of the second <first> degree if the
169-20 value of the property misapplied is $100,000 or more.
169-21 Sec. 32.46. Securing Execution of Document by Deception.
169-22 (a) A person commits an offense if, with intent to defraud or harm
169-23 any person, he, by deception, causes another to sign or execute any
169-24 document affecting property or service or the pecuniary interest of
169-25 any person.
169-26 (b) An offense under this section is a state jail felony <of
169-27 the third degree>.
170-1 Sec. 32.47. Fraudulent Destruction, Removal, or Concealment
170-2 of Writing. (a) A person commits an offense if, with intent to
170-3 defraud or harm another, he destroys, removes, conceals, alters,
170-4 substitutes, or otherwise impairs the verity, legibility, or
170-5 availability of a writing, other than a governmental record.
170-6 (b) For purposes of this section, "writing" includes:
170-7 (1) printing or any other method of recording
170-8 information;
170-9 (2) money, coins, tokens, stamps, seals, credit cards,
170-10 badges, trademarks;
170-11 (3) symbols of value, right, privilege, or
170-12 identification; and
170-13 (4) labels, price tags, or markings on goods.
170-14 (c) Except as provided in Subsection (d) <of this section>,
170-15 an offense under this section is a Class A misdemeanor.
170-16 (d) An offense under this section is a state jail felony <of
170-17 the third degree> if the writing:
170-18 (1) is a will or codicil of another, whether or not
170-19 the maker is alive or dead and whether or not it has been admitted
170-20 to probate; or
170-21 (2) is a deed, mortgage, deed of trust, security
170-22 instrument, security agreement, or other writing for which the law
170-23 provides public recording or filing, whether or not the writing has
170-24 been acknowledged.
170-25 Sec. 32.48. Endless Chain Scheme. (a) For the purposes of
170-26 this section:
170-27 (1) "Endless chain" means any scheme for the disposal
171-1 or distribution of property whereby a participant pays a valuable
171-2 consideration for the chance to receive compensation for
171-3 introducing one or more additional persons into participation in
171-4 the scheme or for the chance to receive compensation when a person
171-5 introduced by the participant introduces a new participant.
171-6 (2) "Compensation" does not mean or include payment
171-7 based on sales made to persons who are not participants in the
171-8 scheme and who are not purchasing in order to participate in the
171-9 scheme.
171-10 (b) A person commits an offense if he contrives, prepares,
171-11 sets up, proposes, operates, promotes, or participates in an
171-12 endless chain.
171-13 (c) An offense under this section is a Class B misdemeanor.
171-14 <Sec. 32.49. ISSUANCE OF CHECKS PRINTED ON RED PAPER. (a)
171-15 A person commits an offense if he issues a check or similar sight
171-16 order for payment of money printed on dark red or other colored
171-17 paper that prevents reproduction of an image of the order by
171-18 microfilming or other similar reproduction equipment, knowing that
171-19 the colored paper prevents reproduction.>
171-20 <(b) An offense under this section is a Class A misdemeanor.>
171-21 <Sec. 32.50. ><Debit Card Abuse><. (a) For purposes of this
171-22 section:>
171-23 <(1) "Cardholder" means the person named on the face
171-24 of a debit card to whom or for whose benefit the card is issued.>
171-25 <(2) "Debit card" means an identification card, plate,
171-26 coupon, book, number, or any other device authorizing a designated
171-27 person or bearer to communicate a request to an unmanned teller
172-1 machine or a customer convenience terminal. It includes the number
172-2 or description of the device if the device itself is not produced
172-3 at the time of ordering or obtaining the benefit.>
172-4 <(3) "Expired debit card" means a card bearing as its
172-5 expiration date a date that has passed.>
172-6 <(4) "Unmanned teller machine" means a machine, other
172-7 than a telephone, capable of being operated solely by a customer,
172-8 by which a customer may communicate to a financial institution a
172-9 request to withdraw a benefit for himself or for another directly
172-10 from the customer's account or from the customer's account pursuant
172-11 to a line of credit previously authorized by the institution for
172-12 the customer.>
172-13 <(5) "Customer convenience terminal" means a device
172-14 which is a particular kind of unmanned teller machine (i.e., the
172-15 use of which does not involve personnel of a financial
172-16 institution).>
172-17 <(b) A person commits an offense if:>
172-18 <(1) with intent to obtain a benefit for himself or
172-19 for another fraudulently, he intentionally or knowingly presents or
172-20 uses a debit card with knowledge that:>
172-21 <(A) the card, whether or not expired, has not
172-22 been issued to him and is not used with the effective consent of
172-23 the cardholder; or>
172-24 <(B) the card has expired or has been revoked or
172-25 canceled;>
172-26 <(2) with intent to obtain a benefit for himself or
172-27 for another, he intentionally or knowingly uses a fictitious debit
173-1 card or the pretended number or description of a fictitious card;>
173-2 <(3) he intentionally or knowingly receives a benefit
173-3 for himself or for another that he knows has been obtained in
173-4 violation of this section;>
173-5 <(4) he steals a debit card or, with knowledge that it
173-6 has been stolen, receives a card with intent to use it, to sell it,
173-7 or to transfer it to a person other than the issuer or the
173-8 cardholder;>
173-9 <(5) he buys a debit card from a person who he knows
173-10 is not the issuer;>
173-11 <(6) not being the issuer, he sells a debit card;>
173-12 <(7) not being the cardholder, and without the
173-13 effective consent of the cardholder, he signs or writes his name or
173-14 the name of another on a debit card with intent to use it; or>
173-15 <(8) he possesses two or more incomplete debit cards
173-16 that have not been issued to him with intent to complete them
173-17 without the effective consent of the issuer. For purposes of this
173-18 subdivision, a card is incomplete if part of the matter that an
173-19 issuer requires to appear on the card before it can be used (other
173-20 than the signature of the cardholder) has not yet been stamped,
173-21 embossed, imprinted, or written on it.>
173-22 <(c) It is presumed that a person who used a revoked,
173-23 canceled, or expired debit card had knowledge that the card had
173-24 been revoked, canceled, or expired if he had received notice of
173-25 revocation, cancellation, or expiration from the issuer. For
173-26 purposes of this section, notice may be either notice given orally
173-27 in person or by telephone, or in writing by mail or by telegram.
174-1 If written notice was sent by registered or certified mail with
174-2 return receipt requested, or by telegram with report of delivery
174-3 requested, addressed to the cardholder at the last address shown by
174-4 the records of the issuer, it is presumed that the notice was
174-5 received by the cardholder no later than five days after sent.>
174-6 <(d) An offense under this section is a felony of the third
174-7 degree.>
174-8 <Sec. 32.51. ><Penalty for Fraudulently Obtaining or Denying
174-9 Workers' Compensation Benefits><. (a) A person commits an offense
174-10 if the person, with intent to obtain or deny payments of workers'
174-11 compensation benefits under the workers' compensation laws of this
174-12 state for himself or another, knowingly or intentionally:>
174-13 <(1) makes a false or misleading statement;>
174-14 <(2) misrepresents or conceals a material fact; or>
174-15 <(3) fabricates, alters, conceals, or destroys a
174-16 document other than a governmental record.>
174-17 <(b) A person commits an offense if the person receives
174-18 workers' compensation benefits that the person knows he is not
174-19 legally entitled to receive.>
174-20 <(c) An offense under Subsection (a) of this section is a
174-21 Class A misdemeanor. An offense under Subsection (b) of this
174-22 section is:>
174-23 <(1) a Class A misdemeanor if the value of the
174-24 benefits received is less than $750;>
174-25 <(2) a felony of the third degree if the value of the
174-26 benefits received is $750 or more but less than $10,000; and>
174-27 <(3) a felony of the second degree if the value of the
175-1 benefits received is $10,000 or more.>
175-2 <Sec. 32.52. ><Fraudulent Statement to Financial Institution><.
175-3 (a) A person commits an offense if, with intent to defraud or harm
175-4 a financial institution, he knowingly makes a materially false or
175-5 misleading written statement to obtain or in an attempt to obtain
175-6 moneys, accounts, funds, credits, assets, securities, or other
175-7 property owned by, or under the custody or control of, a financial
175-8 institution.>
175-9 <(b) An offense under this section is a Class A misdemeanor.>
175-10 <Sec. 32.53. TAXICAB FARES. (a) A person who operates a
175-11 taxicab commits an offense if the person intentionally extends the
175-12 distance or time for a trip beyond the distance or time necessary
175-13 for the trip for the purpose of increasing the fare for the trip.>
175-14 <(b) An offense under this section is a Class B misdemeanor.>
175-15 <Sec. 32.54. PENALTY FOR FRAUDULENTLY OBTAINING WORKERS'
175-16 COMPENSATION INSURANCE COVERAGE. (a) A person commits an offense
175-17 if the person, with intent to obtain workers' compensation
175-18 insurance coverage for himself or another under the workers'
175-19 compensation insurance laws of this state, knowingly or
175-20 intentionally:>
175-21 <(1) makes a false statement;>
175-22 <(2) misrepresents or conceals a material fact; or>
175-23 <(3) makes a false entry in, fabricates, alters,
175-24 conceals, or destroys a document other than a governmental record.>
175-25 <(b) An offense under Subsection (a) of this section is a
175-26 felony of the third degree.>
175-27 <(c) The court may order a person to pay restitution to an
176-1 insurance company, the Texas workers' compensation insurance
176-2 facility, or the Texas Workers' Compensation Insurance Fund if the
176-3 person commits an offense under this section.>
176-4 <SUBCHAPTER E. SAVINGS AND LOAN ASSOCIATIONS>
176-5 <Sec. 32.71. EMBEZZLEMENT; UNAUTHORIZED ISSUANCE; FALSE
176-6 ENTRY. (a) An officer, director, member of any committee, clerk,
176-7 or agent of any savings and loan association in this state commits
176-8 an offense if the person embezzles, abstracts, or misapplies money,
176-9 funds, or credits of the association, issues or puts into
176-10 circulation any warrant or other order without proper authority,
176-11 issues, assigns, transfers, cancels, or delivers up any note, bond,
176-12 draft, mortgage, judgment, decree, or other written instrument
176-13 belonging to the association, certifies to or makes a false entry
176-14 in any book, report, or statement of or to the association, with
176-15 intent to deceive, injure, or defraud the association or a member
176-16 of the association for the purpose of inducing any person to become
176-17 a member of the association or to deceive anyone appointed to
176-18 examine the affairs of the association.>
176-19 <(b) A person commits an offense if the person, with intent
176-20 to deceive, injure, or defraud, aids or abets any officer, member
176-21 of any committee, or other person in committing any of the acts
176-22 prohibited under Subsection (a).>
176-23 <(c) An offense under this section is a felony punishable by
176-24 imprisonment for not less than one year or more than 10 years.>
176-25 <Sec. 32.72. FALSE INFORMATION; SUPPRESSING EVIDENCE. (a)
176-26 Any person commits an offense if the person for the purpose of
176-27 influencing the actions of an association or its employees, agents,
177-1 or representatives or for the purpose of influencing the actions of
177-2 The Finance Commission of Texas, the savings and loan commissioner,
177-3 or employees, agents, or representatives of the Savings and Loan
177-4 Department of Texas, knowingly:>
177-5 <(1) removes, mutilates, destroys, or conceals a
177-6 paper, book, or record of a savings and loan association or of the
177-7 savings and loan commissioner or the Savings and Loan Department of
177-8 Texas for the purpose of concealing a fact or suppressing evidence;>
177-9 <(2) makes, passes, alters, or publishes a false,
177-10 counterfeit, or forged instrument, paper, document, statement, or
177-11 report to a savings and loan association or to the savings and loan
177-12 commissioner or the Savings and Loan Department of Texas; or>
177-13 <(3) substantially overvalues land, property,
177-14 security, an asset, or income in connection with a transaction with
177-15 a savings and loan association without substantiation,
177-16 justification, or supporting documentation generally accepted by
177-17 appraisal standards.>
177-18 <(b) An offense under this section is a felony punishable by
177-19 a fine of not more than $100,000, imprisonment for not more than 10
177-20 years, or both.>
177-21 CHAPTER 33. COMPUTER CRIMES
177-22 Sec. 33.01. Definitions. In this chapter:
177-23 (1) "Access" means to approach, instruct, communicate
177-24 with, store data in, retrieve or intercept data from, alter data or
177-25 computer software in, or otherwise make use of any resource of a
177-26 computer, computer system, or computer network.
177-27 (2) "Communications common carrier" means a person who
178-1 owns or operates a telephone system in this state that includes
178-2 equipment or facilities for the conveyance, transmission, or
178-3 reception of communications and who receives compensation from
178-4 persons who use that system.
178-5 (3) <(2)> "Computer" means an electronic, magnetic,
178-6 optical, electrochemical, or other high-speed data processing
178-7 device that performs logical, arithmetic, or memory functions by
178-8 the manipulations of electronic or magnetic impulses and includes
178-9 all input, output, processing, storage, or communication facilities
178-10 that are connected or related to the device.
178-11 (4) <(3)> "Computer network" means the interconnection
178-12 of two or more computers or computer systems by satellite,
178-13 microwave, line, or other communication medium with the capability
178-14 to transmit information among the computers.
178-15 (5) <(4)> "Computer program" means an ordered set of
178-16 data representing coded instructions or statements that when
178-17 executed by a computer cause the computer to process data or
178-18 perform specific functions.
178-19 (6) <(5)> "Computer security system" means the design,
178-20 procedures, or other measures that the person responsible for the
178-21 operation and use of a computer employs to restrict the use of the
178-22 computer to particular persons or uses or that the owner or
178-23 licensee of data stored or maintained by a computer in which the
178-24 owner or licensee is entitled to store or maintain the data employs
178-25 to restrict access to the data.
178-26 (7) <(6)> "Computer services" means the product of the
178-27 use of a computer, the information stored in the computer, or the
179-1 personnel supporting the computer, including computer time, data
179-2 processing, and storage functions.
179-3 (8) <(7)> "Computer system" means any combination of a
179-4 computer or computer network <computers> with the documentation,
179-5 computer software, or physical facilities supporting the computer
179-6 or computer network.
179-7 (9) <(8)> "Computer software" means a set of computer
179-8 programs, procedures, and associated documentation related to the
179-9 operation of a computer, computer system, or computer network.
179-10 (10) <(9)> "Computer virus" means an unwanted computer
179-11 program or other set of instructions inserted into a computer's
179-12 memory, operating system, or program that is specifically
179-13 constructed with the ability to replicate itself and to affect the
179-14 other programs or files in the computer by attaching a copy of the
179-15 unwanted program or other set of instructions to one or more
179-16 computer programs or files.
179-17 <(10) "Damage" includes partial or total alteration,
179-18 damage, or erasure of stored data, or interruption of computer
179-19 services.>
179-20 (11) "Data" means a representation of information,
179-21 knowledge, facts, concepts, or instructions that is being prepared
179-22 or has been prepared in a formalized manner and is intended to be
179-23 stored or processed, is being stored or processed, or has been
179-24 stored or processed in a computer. Data may be embodied in any
179-25 form, including but not limited to computer printouts, magnetic
179-26 storage media, laser storage media, and punchcards, or may be
179-27 stored internally in the memory of the computer.
180-1 (12) "Effective consent" includes consent by a person
180-2 legally authorized to act for the owner. Consent is not effective
180-3 if:
180-4 (A) induced by deception, as defined by Section
180-5 31.01;
180-6 (B) given by a person the actor knows is not
180-7 legally authorized to act for the owner;
180-8 (C) given by a person who by reason of youth,
180-9 mental disease or defect, or intoxication is known by the actor to
180-10 be unable to make reasonable property dispositions;
180-11 (D) given solely to detect the commission of an
180-12 offense; or
180-13 (E) used for a purpose other than that for which
180-14 the consent was given.
180-15 (13) <(12)> "Electric utility" has the meaning
180-16 assigned by Subsection (c), Section 3, Public Utility Regulatory
180-17 Act (Article 1446c, Vernon's Texas Civil Statutes).
180-18 (14) "Harm" includes partial or total alteration,
180-19 damage, or erasure of stored data, interruption of computer
180-20 services, introduction of a computer virus, or any other loss,
180-21 disadvantage, or injury that might reasonably be suffered as a
180-22 result of the actor's conduct.
180-23 (15) "Owner" means a person who:
180-24 (A) has title to the property, possession of the
180-25 property, whether lawful or not, or a greater right to possession
180-26 of the property than the actor;
180-27 (B) has the right to restrict access to the
181-1 property; or
181-2 (C) is the licensee of data or computer
181-3 software.
181-4 (16) "Property" means:
181-5 (A) tangible or intangible personal property
181-6 including a computer, computer system, computer network, computer
181-7 software, or data; or
181-8 (B) the use of a computer, computer system,
181-9 computer network, computer software, or data.
181-10 Sec. 33.02. Breach of Computer Security. (a) A person
181-11 commits an offense if the person knowingly accesses a computer,
181-12 computer network, or computer system<:>
181-13 <(1) uses a computer without the effective consent of
181-14 the owner of the computer or a person authorized to license access
181-15 to the computer and the actor knows that there exists a computer
181-16 security system intended to prevent him from making that use of the
181-17 computer; or>
181-18 <(2) gains access to data stored or maintained by a
181-19 computer> without the effective consent of the owner <or licensee
181-20 of the data and the actor knows that there exists a computer
181-21 security system intended to prevent him from gaining access to that
181-22 data>.
181-23 (b) A person commits an offense if the person intentionally
181-24 or knowingly gives a password, identifying code, personal
181-25 identification number, debit card number, bank account number, or
181-26 other confidential information about a computer security system to
181-27 another person without the effective consent of the person
182-1 employing the computer security system to restrict <the use of a
182-2 computer or to restrict> access to a computer, computer network,
182-3 computer system, or data <stored or maintained by a computer>.
182-4 (c) An offense under this section is a Class A misdemeanor
182-5 unless the actor's intent is to obtain a benefit or defraud or harm
182-6 another, in which event the offense is:
182-7 (1) a state jail division felony if the value of the
182-8 benefit or the amount of the loss or harm is less than $20,000; or
182-9 (2) a felony of the third degree if the value of the
182-10 benefit or the amount of the loss or harm is $20,000 or more.
182-11 (d) A person who is subject to prosecution under this
182-12 section and any other section of this code may be prosecuted under
182-13 either or both sections.
182-14 Sec. 33.03. <HARMFUL ACCESS. (a) A person commits an
182-15 offense if the person intentionally or knowingly and without
182-16 authorization from the owner of the computer or a person authorized
182-17 to license access to the computer:>
182-18 <(1) damages, alters, or destroys a computer, computer
182-19 program or software, computer system, data, or computer network;>
182-20 <(2) causes a computer to interrupt or impair a
182-21 government operation, public communication, public transportation,
182-22 or public service providing water or gas;>
182-23 <(3) uses a computer to:>
182-24 <(A) tamper with government, medical, or
182-25 educational records; or>
182-26 <(B) receive or use records that were not
182-27 intended for public dissemination to gain an advantage over
183-1 business competitors;>
183-2 <(4) obtains information from or introduces false
183-3 information into a computer system to damage or enhance the data or
183-4 credit records of a person;>
183-5 <(5) causes a computer to remove, alter, erase, or
183-6 copy a negotiable instrument; or>
183-7 <(6) inserts or introduces a computer virus into a
183-8 computer program, computer network, or computer system.>
183-9 <(b) An offense under this section is a:>
183-10 <(1) felony of the second degree if the value of the
183-11 loss or damage caused by the conduct is $20,000 or more;>
183-12 <(2) felony of the third degree if the value of the
183-13 loss or damage caused by the conduct is $750 or more but less than
183-14 $20,000; or>
183-15 <(3) Class A misdemeanor if the value of the loss or
183-16 damage caused by the conduct is $200 or more but less than $750.>
183-17 <Sec. 33.04.> Defenses. It is an affirmative defense to
183-18 prosecution under Section <Sections> 33.02 <and 33.03 of this code>
183-19 that the actor was an officer, employee, or agent of a
183-20 communications common carrier or electric utility and committed the
183-21 proscribed act or acts in the course of employment while engaged in
183-22 an activity that is a necessary incident to the rendition of
183-23 service or to the protection of the rights or property of the
183-24 communications common carrier or electric utility.
183-25 Sec. 33.04 <33.05>. Assistance by Attorney General. The
183-26 attorney general, if requested to do so by a prosecuting attorney,
183-27 may assist the prosecuting attorney in the investigation or
184-1 prosecution of an offense under this chapter or of any other
184-2 offense involving the use of a computer.
184-3 TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION
184-4 CHAPTER 36. BRIBERY AND CORRUPT INFLUENCE
184-5 Sec. 36.01. Definitions. In this chapter:
184-6 (1) "Coercion" means a threat, however communicated:
184-7 (A) to commit any offense;
184-8 (B) to inflict bodily injury on the person
184-9 threatened or another;
184-10 (C) to accuse any person of any offense;
184-11 (D) to expose any person to hatred, contempt, or
184-12 ridicule;
184-13 (E) to harm the credit, business repute, or
184-14 pecuniary interest of any person; or
184-15 (F) to unlawfully take or withhold action as a
184-16 public servant, or to cause a public servant to unlawfully take or
184-17 withhold action.
184-18 (2) <"Custody" means:>
184-19 <(A) detained or under arrest by a peace
184-20 officer; or>
184-21 <(B) under restraint by a public servant
184-22 pursuant to an order of a court.>
184-23 <(3)> "Official proceeding" means any type of
184-24 administrative, executive, legislative, or judicial proceeding that
184-25 may be conducted before a public servant authorized by law to take
184-26 statements under oath.
184-27 (3) <(4)> "Party official" means a person who holds
185-1 any position or office in a political party, whether by election,
185-2 appointment, or employment.
185-3 (4) <(5)> "Benefit" means anything reasonably regarded
185-4 as economic <pecuniary> gain or <pecuniary> advantage, including
185-5 benefit to any other person in whose welfare the beneficiary is
185-6 interested <has a direct and substantial interest>.
185-7 (5) <(6)> "Vote" means to cast a ballot in an election
185-8 regulated by law.
185-9 Sec. 36.02. Bribery. (a) A person commits an offense if he
185-10 intentionally or knowingly offers, confers, or agrees to confer on
185-11 another, or solicits, accepts, or agrees to accept from another:
185-12 (1) any benefit as consideration for the recipient's
185-13 decision, opinion, recommendation, vote, or other exercise of
185-14 discretion as a public servant, party official, or voter;
185-15 (2) any benefit as consideration for the recipient's
185-16 decision, vote, recommendation, or other exercise of official
185-17 discretion in a judicial or administrative proceeding;
185-18 (3) any benefit as consideration for a violation of a
185-19 duty imposed by law on a public servant or party official; or
185-20 (4) any benefit that is a political contribution as
185-21 defined by Title 15, Election Code, if the benefit was offered,
185-22 conferred, solicited, accepted, or agreed to pursuant to an express
185-23 agreement to take or withhold a specific exercise of official
185-24 discretion.
185-25 (b) Notwithstanding <if such exercise of official discretion
185-26 would not have been taken or withheld but for the benefit;
185-27 notwithstanding> any rule of evidence or jury instruction allowing
186-1 factual inferences in the absence of certain evidence, direct
186-2 evidence of the express agreement shall be required in any
186-3 prosecution under Subsection (a)(4) <this subdivision>.
186-4 (c) <(b)> It is no defense to prosecution under this section
186-5 that a person whom the actor sought to influence was not qualified
186-6 to act in the desired way whether because he had not yet assumed
186-7 office or he lacked jurisdiction or for any other reason.
186-8 (d) <(c)> It is no defense to prosecution under this section
186-9 that the benefit is not offered or conferred or that the benefit is
186-10 not solicited or accepted until after:
186-11 (1) the decision, opinion, recommendation, vote, or
186-12 other exercise of discretion has occurred; or
186-13 (2) the public servant ceases to be a public servant.
186-14 (e) <(d)> It is an exception to the application of
186-15 Subdivisions (1), (2), and (3) of Subsection (a) <of this section>
186-16 that the benefit is a political contribution accepted and reported
186-17 in accordance with <as defined by> Title 15, Election Code.
186-18 (f) <(e)> An offense under this section is a felony of the
186-19 second degree.
186-20 Sec. 36.03. Coercion of Public Servant or Voter. (a) A
186-21 person commits an offense if by means of coercion he:
186-22 (1) influences or attempts to influence a public
186-23 servant in a specific exercise of his official power or a specific
186-24 performance of his official duty or influences or attempts to
186-25 influence a public servant to violate the public servant's known
186-26 legal duty; or
186-27 (2) influences or attempts to influence a voter not to
187-1 vote or to vote in a particular manner.
187-2 (b) An offense under this section is a Class A misdemeanor
187-3 unless the coercion is a threat to commit a felony, in which event
187-4 it is a felony of the third degree.
187-5 (c) It is an exception to the application of Subsection
187-6 (a)(1) of this section that the person who influences or attempts
187-7 to influence the public servant is a member of the governing body
187-8 of a governmental entity, and that the action that influences or
187-9 attempts to influence the public servant is an official action
187-10 taken by the member of the governing body. For the purposes of
187-11 this subsection, the term "official action" includes deliberations
187-12 by the governing body of a governmental entity.
187-13 Sec. 36.04. Improper Influence. (a) A person commits an
187-14 offense if he privately addresses a representation, entreaty,
187-15 argument, or other communication to any public servant who
187-16 exercises or will exercise official discretion in an adjudicatory
187-17 proceeding with an intent to influence the outcome of the
187-18 proceeding on the basis of considerations other than those
187-19 authorized by law.
187-20 (b) For purposes of this section, "adjudicatory proceeding"
187-21 means any proceeding before a court or any other agency of
187-22 government in which the legal rights, powers, duties, or privileges
187-23 of specified parties are determined.
187-24 (c) An offense under this section is a Class A misdemeanor.
187-25 Sec. 36.05. Tampering with Witness. (a) A person commits
187-26 an offense if, with intent to influence the witness, he offers,
187-27 confers, or agrees to confer any benefit on a witness or
188-1 prospective witness in an official proceeding or coerces a witness
188-2 or prospective witness in an official proceeding:
188-3 (1) to testify falsely;
188-4 (2) to withhold any testimony, information, document,
188-5 or thing;
188-6 (3) to elude legal process summoning him to testify or
188-7 supply evidence; <or>
188-8 (4) to absent himself from an official proceeding to
188-9 which he has been legally summoned; or
188-10 (5) to abstain from, discontinue, or delay the
188-11 prosecution of another for an offense.
188-12 (b) A witness or prospective witness in an official
188-13 proceeding commits an offense if he knowingly solicits, accepts, or
188-14 agrees to accept any benefit on the representation or understanding
188-15 that he will do any of the things specified in Subsection (a) <of
188-16 this section>.
188-17 (c) It is a defense to prosecution under Subsection (a)(5)
188-18 that the benefit received was:
188-19 (1) reasonable restitution for damages suffered by the
188-20 complaining witness as a result of the offense; and
188-21 (2) the result of an agreement negotiated with the
188-22 assistance or acquiescence of an attorney for the state who
188-23 represented the state in the case.
188-24 (d) An offense under Subsection (a) <this section> is a
188-25 felony of the third degree. An offense under Subsection (b) is a
188-26 felony of the third degree, unless the witness or prospective
188-27 witness acts on the representation that he will abstain from,
189-1 discontinue, or delay the prosecution of another, in which event
189-2 the offense is a Class A misdemeanor.
189-3 Sec. 36.06. OBSTRUCTION OR Retaliation. (a) A person
189-4 commits an offense if he intentionally or knowingly harms or
189-5 threatens to harm another by an unlawful act:
189-6 (1) in retaliation for or on account of the service of
189-7 another as a public servant, witness, prospective witness,
189-8 informant, or a person who has reported or who the actor knows
189-9 intends to report the occurrence of a crime; or
189-10 (2) to prevent or delay the service of another as a
189-11 public servant, witness, prospective witness, informant, or a
189-12 person who has reported or who the actor knows intends to report
189-13 the occurrence of a crime.
189-14 (b) For purposes of this section, "informant" means a person
189-15 who has communicated or intends to communicate information to the
189-16 government in connection with any governmental function.
189-17 (c) An offense under this section is a felony of the third
189-18 degree.
189-19 Sec. 36.07. ACCEPTANCE OF HONORARIUM. (a) A public servant
189-20 commits an offense if the public servant solicits, accepts, or
189-21 agrees to accept an honorarium in consideration for services that
189-22 the public servant would not have been requested to provide but for
189-23 the public servant's official position or duties.
189-24 (b) This section does not prohibit a public servant from
189-25 accepting transportation and lodging expenses permitted under
189-26 Section 305.025(b)(2), Government Code, in connection with a
189-27 conference or similar event or from accepting meals in connection
190-1 with such an event.
190-2 (c) An offense under this section is a Class A misdemeanor.
190-3 Sec. 36.08. Gift to Public Servant <BY PERSON SUBJECT TO HIS
190-4 JURISDICTION>. (a) A public servant <in an agency performing
190-5 regulatory functions or conducting inspections or investigations>
190-6 commits an offense if he solicits, accepts, or agrees to accept any
190-7 benefit from any person <a person the public servant knows to be
190-8 subject to regulation, inspection, or investigation by the public
190-9 servant or his agency>.
190-10 (b) <A public servant in an agency having custody of
190-11 prisoners commits an offense if he solicits, accepts, or agrees to
190-12 accept any benefit from a person the public servant knows to be in
190-13 his custody or the custody of his agency.>
190-14 <(c) A public servant in an agency carrying on civil or
190-15 criminal litigation on behalf of government commits an offense if
190-16 he solicits, accepts, or agrees to accept any benefit from a person
190-17 against whom the public servant knows litigation is pending or
190-18 contemplated by the public servant or his agency.>
190-19 <(d) A public servant who exercises discretion in connection
190-20 with contracts, purchases, payments, claims, or other pecuniary
190-21 transactions of government commits an offense if he solicits,
190-22 accepts, or agrees to accept any benefit from a person the public
190-23 servant knows is interested in or likely to become interested in
190-24 any contract, purchase, payment, claim, or transaction involving
190-25 the exercise of his discretion.>
190-26 <(e) A public servant who has judicial or administrative
190-27 authority, who is employed by or in a tribunal having judicial or
191-1 administrative authority, or who participates in the enforcement of
191-2 the tribunal's decision, commits an offense if he solicits,
191-3 accepts, or agrees to accept any benefit from a person the public
191-4 servant knows is interested in or likely to become interested in
191-5 any matter before the public servant or tribunal.>
191-6 <(f) A member of the legislature, the governor, the
191-7 lieutenant governor, or a person employed by a member of the
191-8 legislature, the governor, the lieutenant governor, or an agency of
191-9 the legislature commits an offense if he solicits, accepts, or
191-10 agrees to accept any benefit from any person.>
191-11 <(g) A public servant who is a hearing examiner employed by
191-12 an agency performing regulatory functions and who conducts hearings
191-13 in contested cases commits an offense if the public servant
191-14 solicits, accepts, or agrees to accept any benefit from any person
191-15 who is appearing before the agency in a contested case, who is
191-16 doing business with the agency, or who the public servant knows is
191-17 interested in any matter before the public servant. The exception
191-18 provided by Section 36.10(b) of this code does not apply to a
191-19 benefit under this subsection.>
191-20 <(h) An offense under this section is a Class A misdemeanor.>
191-21 <Sec. 36.09. OFFERING GIFT TO PUBLIC SERVANT. (a)> A
191-22 person commits an offense if he offers, confers, or agrees to
191-23 confer any benefit on a public servant that he knows the public
191-24 servant is prohibited by law from accepting.
191-25 (c) It is an affirmative defense to prosecution under this
191-26 section that the benefit is <(b) An offense under this section is
191-27 a Class A misdemeanor.>
192-1 <Sec. 36.10. NON-APPLICABLE. (a) Sections 36.08 (Gift to
192-2 Public Servant) and 36.09 (Offering Gift to Public Servant) of this
192-3 code do not apply to>:
192-4 (1) a fee prescribed by law to be received by a public
192-5 servant or any other benefit to which the public servant is
192-6 lawfully entitled or for which he gives legitimate consideration in
192-7 a capacity other than as a public servant;
192-8 (2) a gift or other benefit conferred on account of
192-9 kinship or a personal, professional, or business relationship
192-10 independent of the official status of the recipient; or
192-11 (3) a benefit to a public servant required to file a
192-12 statement under Chapter 421, Acts of the 63rd Legislature, Regular
192-13 Session, 1973 (Article 6252-9b, Vernon's Texas Civil Statutes), or
192-14 a report under Title 15, Election Code, that is derived from a
192-15 function in honor or appreciation of the recipient if:
192-16 (A) the benefit and the source of any benefit in
192-17 excess of $50 is reported in the statement; and
192-18 (B) the benefit is used solely to defray the
192-19 expenses that accrue in the performance of duties or activities in
192-20 connection with the office which are nonreimbursable by the state
192-21 or political subdivision;
192-22 (4) a political contribution as defined by Title 15,
192-23 Election Code; or
192-24 (5) a gift, award, or memento to a member of the
192-25 legislative or executive branch that is required to be reported
192-26 under Chapter 305, Government Code.
192-27 (d) This section <(b) Section 36.08 (Gift to Public
193-1 Servant) of this code> does not apply to food, lodging,
193-2 transportation, or entertainment accepted as a guest and, if the
193-3 donor or donee is required by law to report those items, reported
193-4 by the donor or donee in accordance with that law.
193-5 (e) In this section, "accepted as a guest" refers to food,
193-6 lodging, transportation, or entertainment accepted from a donor who
193-7 is physically present at the time of consumption or use.
193-8 (f) An offense under this section is a Class A
193-9 misdemeanor. <(c) Section 36.09 (Offering Gift to Public Servant)
193-10 of this code does not apply to food, lodging, transportation, or
193-11 entertainment accepted as a guest and, if the donor is required by
193-12 law to report those items, reported by the donor in accordance with
193-13 that law.>
193-14 CHAPTER 37. PERJURY AND OTHER FALSIFICATION
193-15 Sec. 37.01. DEFINITIONS. In this chapter:
193-16 (1) "Governmental record" means:
193-17 (A) anything belonging to, received by, or kept
193-18 by government for information;
193-19 (B) anything required by law to be kept by
193-20 others for information of government; or
193-21 (C) a license, certificate, permit, seal, title,
193-22 or similar document issued by government.
193-23 (2) "Official proceeding" means any type of
193-24 administrative, executive, legislative, or judicial proceeding that
193-25 may be conducted before a public servant authorized by law to take
193-26 statements under oath.
193-27 (3) "Statement" means any representation of fact.
194-1 Sec. 37.02. PERJURY. (a) A person commits an offense if,
194-2 with intent to deceive and with knowledge of the statement's
194-3 meaning:
194-4 (1) he makes a false statement under oath or swears to
194-5 the truth of a false statement previously made<;> and
194-6 <(2)> the statement is required or authorized by law
194-7 to be made under oath; or
194-8 (2) he makes a false unsworn declaration under Chapter
194-9 132, Civil Practice and Remedies Code.
194-10 (b) An offense under this section is a Class A misdemeanor.
194-11 Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an
194-12 offense if he commits perjury as defined in Section 37.02 <of this
194-13 code>, and the false statement:
194-14 (1) is made during or in connection with an official
194-15 proceeding; and
194-16 (2) is material.
194-17 (b) An offense under this section is a felony of the third
194-18 degree.
194-19 Sec. 37.04. MATERIALITY. (a) A statement is material,
194-20 regardless of the admissibility of the statement under the rules of
194-21 evidence, if it could have affected the course or outcome of the
194-22 official proceeding.
194-23 (b) It is no defense to prosecution under Section 37.03 <of
194-24 this code> (Aggravated Perjury) that the declarant mistakenly
194-25 believed the statement to be immaterial.
194-26 (c) Whether a statement is material in a given factual
194-27 situation is a question of law.
195-1 Sec. 37.05. RETRACTION. It is a defense to prosecution
195-2 under Section 37.03 <of this code> (Aggravated Perjury) that the
195-3 actor retracted his false statement:
195-4 (1) before completion of the testimony at the official
195-5 proceeding; and
195-6 (2) before it became manifest that the falsity of the
195-7 statement would be exposed.
195-8 Sec. 37.06. INCONSISTENT STATEMENTS. An information or
195-9 indictment for perjury under Section 37.02 <of this code> or
195-10 aggravated perjury under Section 37.03 <of this code> that alleges
195-11 that the declarant has made statements under oath, both of which
195-12 cannot be true, need not allege which statement is false. At the
195-13 trial the prosecution need not prove which statement is false.
195-14 Sec. 37.07. IRREGULARITIES NO DEFENSE. (a) It is no
195-15 defense to prosecution under Section 37.02 (Perjury) or 37.03
195-16 (Aggravated Perjury) <of this code> that the oath was administered
195-17 or taken in an irregular manner, or that there was some
195-18 irregularity in the appointment or qualification of the person who
195-19 administered the oath.
195-20 (b) It is no defense to prosecution under Section 37.02
195-21 (Perjury) or 37.03 (Aggravated Perjury) <of this code> that a
195-22 document was not sworn to if the document contains a recital that
195-23 it was made under oath, the declarant was aware of the recital when
195-24 he signed the document, and the document contains the signed jurat
195-25 of a public servant authorized to administer oaths.
195-26 Sec. 37.08. FALSE REPORT TO PEACE OFFICER. (a) A person
195-27 commits an offense if, with intent to deceive, he knowingly makes a
196-1 false statement to a peace officer conducting a criminal
196-2 investigation and the statement is material to the investigation
196-3 <he:>
196-4 <(1) reports to a peace officer an offense or incident
196-5 within the officer's concern, knowing that the offense or incident
196-6 did not occur; or>
196-7 <(2) makes a report to a peace officer relating to an
196-8 offense or incident within the officer's concern knowing that he
196-9 has no information relating to the offense or incident>.
196-10 (b) An offense under this section is a Class B misdemeanor.
196-11 Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.
196-12 (a) A person commits an offense if, knowing that an investigation
196-13 or official proceeding is pending or in progress, he:
196-14 (1) alters, destroys, or conceals any record,
196-15 document, or thing with intent to impair its verity, legibility, or
196-16 availability as evidence in the investigation or official
196-17 proceeding; or
196-18 (2) makes, presents, or uses any record, document, or
196-19 thing with knowledge of its falsity and with intent to affect the
196-20 course or outcome of the investigation or official proceeding.
196-21 (b) This section shall not apply if the record, document, or
196-22 thing concealed is privileged or is the work product of the parties
196-23 to the investigation or official proceeding.
196-24 (c) An offense under this section is a felony of the third
196-25 degree.
196-26 Sec. 37.10. TAMPERING WITH GOVERNMENTAL RECORD. (a) A
196-27 person commits an offense if he:
197-1 (1) knowingly makes a false entry in, or false
197-2 alteration of, a governmental record;
197-3 (2) makes, presents, or uses any record, document, or
197-4 thing with knowledge of its falsity and with intent that it be
197-5 taken as a genuine governmental record;
197-6 (3) intentionally destroys, conceals, removes, or
197-7 otherwise impairs the verity, legibility, or availability of a
197-8 governmental record; <or>
197-9 (4) possesses, sells, or offers to sell a governmental
197-10 record or a blank governmental record form with intent that it be
197-11 used unlawfully; <or>
197-12 (5) <(4)> makes, presents, or uses a governmental
197-13 record with knowledge of its falsity; or<.>
197-14 (6) <(5)> possesses, sells, or offers to sell a
197-15 governmental record or a blank governmental record form with
197-16 knowledge that it was obtained unlawfully.
197-17 (b) It is an exception to the application of Subsection
197-18 (a)(3) of this section that the governmental record is destroyed
197-19 pursuant to legal authorization. With regard to the destruction of
197-20 a local government record, legal authorization includes compliance
197-21 with the provisions of Subtitle C, Title 6, Local Government Code.
197-22 (c) Except as provided in Subsection (d) <of this section>,
197-23 an offense under this section is a Class A misdemeanor unless the
197-24 actor's intent is to defraud or harm another, in which event the
197-25 offense is a state jail felony <of the third degree>.
197-26 (d) An offense under this section is a felony of the third
197-27 degree if it is shown on the trial of the offense that the
198-1 governmental record was a license, certificate, permit, seal,
198-2 title, or similar document issued by government, unless the actor's
198-3 intent is to defraud or harm another, in which event the offense is
198-4 a felony of the second degree.
198-5 (e) It is an affirmative defense to prosecution for
198-6 possession under Subsection (a)(6) <(a)(5) of this section> that
198-7 the possession occurred in the actual discharge of official duties
198-8 as a public servant.
198-9 (f) It is a defense to prosecution under Subsection (a)(1),
198-10 (a)(2) or (a)(5) that the false entry or false information could
198-11 have no effect on the government's purpose for requiring the
198-12 governmental record.
198-13 (g) A person is presumed to intend to defraud or harm
198-14 another if the person acts with respect to two or more of the same
198-15 type of governmental records or blank governmental record forms and
198-16 if each governmental record or blank governmental record form is a
198-17 license, certificate, permit, seal, title, or similar document
198-18 issued by government.
198-19 Sec. 37.11. IMPERSONATING PUBLIC SERVANT. (a) A person
198-20 commits an offense if he impersonates a public servant with intent
198-21 to induce another to submit to his pretended official authority or
198-22 to rely on his pretended official acts.
198-23 (b) An offense under this section is a Class A misdemeanor
198-24 unless the person impersonated a peace officer, in which event it
198-25 is a felony of the third degree.
198-26 Sec. 37.12. False Identification As Peace Officer;
198-27 Misrepresentation Of Property. (a) A person commits an offense
199-1 if:
199-2 (1) the person makes, provides to another person, or
199-3 possesses a card, document, badge, insignia, shoulder emblem, or
199-4 other item bearing an insignia of a law enforcement agency that
199-5 identifies a person as a peace officer or a reserve law enforcement
199-6 officer; and
199-7 (2) the person who makes, provides, or possesses the
199-8 item bearing the insignia knows that the person so identified by
199-9 the item is not commissioned as a <certified or licensed by the
199-10 Commission on Law Enforcement Officer Standards and Education in
199-11 the capacity of> peace officer or reserve law enforcement officer
199-12 as indicated on the item.
199-13 (b) It is a defense to prosecution under this section that:
199-14 (1) the card, document, badge, insignia, shoulder
199-15 emblem, or other item bearing an insignia of a law enforcement
199-16 agency clearly identifies the person as an honorary or junior peace
199-17 officer or reserve law enforcement officer, or as a member of a
199-18 junior posse;
199-19 (2) the person identified as a peace officer or
199-20 reserve law enforcement officer by the item bearing the insignia
199-21 was commissioned <certified or licensed> in that capacity when the
199-22 item was made; or
199-23 (3) the item was used or intended for use exclusively
199-24 for decorative purposes or in an artistic or dramatic presentation.
199-25 (c) In this section, "reserve law enforcement officer" has
199-26 the same meaning as is given that term in Section 6, Chapter 546,
199-27 Acts of the 59th Legislature, Regular Session, 1965 (Article
200-1 4413(29aa), Vernon's Texas Civil Statutes).
200-2 (d) A person commits an offense if the person intentionally
200-3 or knowingly misrepresents an object as property belonging to a law
200-4 enforcement agency.
200-5 (e) An offense under this section is a Class B misdemeanor.
200-6 CHAPTER 38. OBSTRUCTING GOVERNMENTAL OPERATION
200-7 Sec. 38.01. Definitions. In this chapter:
200-8 (1) <"Complaining witness" means the victim of a crime
200-9 or a person who signs a criminal complaint.>
200-10 <(2)> "Custody" means <detained or> under arrest by a
200-11 peace officer or under restraint by a public servant pursuant to an
200-12 order of a court.
200-13 (2) <(3)> "Escape" means unauthorized departure from
200-14 custody or failure to return to custody following temporary leave
200-15 for a specific purpose or limited period or following leave that is
200-16 part of an intermittent sentence, but does not include a violation
200-17 of conditions of community supervision <probation> or parole.
200-18 (3) <(4)> "Fugitive from justice" means a person for
200-19 whom a valid arrest warrant has been issued. <"Economic benefit"
200-20 means anything reasonably regarded as an economic gain or
200-21 advantage.>
200-22 (4) <(5)> "Funeral establishment" means an
200-23 establishment licensed under Section 4, Chapter 251, Acts of the
200-24 53rd Legislature, Regular Session, 1953 (Article 4582b, Vernon's
200-25 Texas Civil Statutes).
200-26 (5) <(6)> "Governmental function" includes any
200-27 activity that a public servant is lawfully authorized to undertake
201-1 on behalf of government.
201-2 (6) <(7)> "Hospital" means a general hospital or
201-3 special hospital as defined by Chapter 241, Health and Safety Code.
201-4 (7) <(8)> "Member of the family" means anyone related
201-5 within the third degree of consanguinity or affinity, as determined
201-6 under Article 5996h, Revised Statutes.
201-7 (8) <(9)> "Official proceeding" means:
201-8 (A) a proceeding before a magistrate, court, or
201-9 grand jury of this state;
201-10 (B) a proceeding before the legislature or an
201-11 inquiry authorized by either house or any joint committee
201-12 established by a joint or concurrent resolution of the two houses
201-13 of the legislature or any committee or subcommittee of either house
201-14 of the legislature;
201-15 (C) a proceeding in which pursuant to lawful
201-16 authority a court orders attendance or the production of evidence;
201-17 or
201-18 (D) a proceeding that otherwise is made
201-19 expressly subject to this chapter.
201-20 (9) <(10)> "Qualified nonprofit organization" means a
201-21 nonprofit organization that meets the following conditions:
201-22 (A) the primary purposes of the organization do
201-23 not include the rendition of legal services or education regarding
201-24 legal services;
201-25 (B) the recommending, furnishing, paying for, or
201-26 educating persons regarding legal services is incidental and
201-27 reasonably related to the primary purposes of the organization;
202-1 (C) the organization does not derive a financial
202-2 benefit from the rendition of legal services by a lawyer; and
202-3 (D) the person for whom the legal services are
202-4 rendered, and not the organization, is recognized as the client of
202-5 a lawyer.
202-6 (10) <(11)> "Solicit" means to communicate in person
202-7 or by telephone with a claimant or defendant or with a member of
202-8 the claimant's or defendant's family when neither the person
202-9 receiving the communication nor anyone acting on that person's
202-10 behalf has requested the communication. The term does not include
202-11 communicating by a family member of the person receiving a
202-12 communication, communicating by an attorney who has a prior
202-13 attorney-client relationship with the person receiving the
202-14 communication, or communicating with a qualified nonprofit
202-15 organization for the purpose of educating laymen to recognize legal
202-16 problems, to make intelligent selection of legal counsel, or to use
202-17 available legal services.
202-18 Sec. 38.02. Failure to Identify. (a) A person commits an
202-19 offense if he intentionally refuses to <report or> give his name,
202-20 residence address, or date of birth to a peace officer who has
202-21 lawfully arrested the person and requested the information.
202-22 (b) A person commits an offense if he intentionally <reports
202-23 or> gives a false or fictitious name, residence address, or date of
202-24 birth to a peace officer who has:
202-25 (1) lawfully arrested the person;
202-26 (2) lawfully detained the person; or
202-27 (3) requested the information from a person that the
203-1 peace officer has good cause to believe is a witness to a criminal
203-2 offense.
203-3 (c) <In this section, "fugitive from justice" means a person
203-4 for whom a valid arrest warrant has been issued by a magistrate of
203-5 this state, if the warrant has not been executed.>
203-6 <(d)> Except as provided by Subsection (d) <(e) of this
203-7 section>, an offense under this section is a Class C misdemeanor.
203-8 (d) <(e)> If it is shown on the trial of an offense under
203-9 this section that the defendant was a fugitive from justice at the
203-10 time of the offense <or that the defendant has been previously
203-11 convicted of an offense under this section>, the offense is a Class
203-12 B misdemeanor.
203-13 Sec. 38.03. Resisting Arrest, Search, or Transportation.
203-14 (a) A person commits an offense if he intentionally prevents or
203-15 obstructs a person he knows is a peace officer or a person acting
203-16 in a peace officer's presence and at his direction from effecting
203-17 an arrest, search, or transportation of the actor or another by
203-18 using force against the peace officer or another.
203-19 (b) It is no defense to prosecution under this section that
203-20 the arrest or search was unlawful.
203-21 (c) Except as provided in Subsection (d) <of this section>,
203-22 an offense under this section is a Class A misdemeanor.
203-23 (d) An offense under this section is a felony of the third
203-24 degree if the actor uses a deadly weapon to resist the arrest or
203-25 search.
203-26 Sec. 38.04. Evading Arrest or Detention. (a) A person
203-27 commits an offense if he intentionally flees from a person he knows
204-1 is a peace officer attempting to arrest him or lawfully detain him
204-2 <for the purpose of questioning or investigating possible criminal
204-3 activity>.
204-4 (b) It is an exception to the application of this section
204-5 that the attempted arrest or detention is unlawful <or the
204-6 detention is without reasonable suspicion to investigate>.
204-7 (c) <It is presumed that the actor recklessly engaged in
204-8 conduct placing another in imminent danger of serious bodily injury
204-9 under Subsection (d) of this section if the actor operated a motor
204-10 vehicle while intoxicated during the commission of the offense. In
204-11 this subsection, "intoxicated" has the meaning assigned that term
204-12 by Article 6701l-1, Revised Statutes.>
204-13 <(d)> An offense under this section is a Class B
204-14 misdemeanor, except that the offense is<:>
204-15 <(1) a Class A misdemeanor if the actor, during the
204-16 commission of the offense, recklessly engaged in conduct that
204-17 placed another in imminent danger of serious bodily injury; or>
204-18 <(2)> a felony of the third degree if a peace officer
204-19 suffers serious bodily injury or death from any cause other than an
204-20 assault or homicide by the actor as a direct result of an attempt
204-21 by the officer to apprehend the actor while the actor is in flight.
204-22 Sec. 38.05. Hindering Apprehension or Prosecution. (a) A
204-23 person commits an offense if, with intent to hinder the arrest,
204-24 prosecution, conviction, or punishment of another for an offense,
204-25 he:
204-26 (1) harbors or conceals the other;
204-27 (2) provides or aids in providing the other with any
205-1 means of avoiding arrest or effecting escape; or
205-2 (3) warns the other of impending discovery or
205-3 apprehension.
205-4 (b) It is a defense to prosecution under Subsection (a)(3)
205-5 <of this section> that the warning was given in connection with an
205-6 effort to bring another into compliance with the law.
205-7 (c) An offense under this section is a Class A misdemeanor,
205-8 except that the offense is a felony of the third degree if the
205-9 person who is harbored, concealed, provided with a means of
205-10 avoiding arrest or effecting escape, or warned of discovery or
205-11 apprehension is under arrest for, charged with, or convicted of a
205-12 felony and the person charged under this section knew that the
205-13 person they harbored, concealed, provided with a means of avoiding
205-14 arrest or effecting escape, or warned of discovery or apprehension
205-15 is under arrest for, charged with, or convicted of a felony.
205-16 Sec. 38.06. <COMPOUNDING. (a) A complaining witness
205-17 commits an offense if, after criminal proceedings have been
205-18 instituted, he solicits, accepts, or agrees to accept any benefit
205-19 in consideration of abstaining from, discontinuing, or delaying the
205-20 prosecution of another for an offense.>
205-21 <(b) It is a defense to prosecution under this section that
205-22 the benefit received was:>
205-23 <(1) reasonable restitution for damages suffered by
205-24 the complaining witness as a result of the offense; and>
205-25 <(2) the result of an agreement negotiated with the
205-26 assistance or acquiescence of an attorney for the state who
205-27 represented the state in the case.>
206-1 <(c) An offense under this section is a Class A misdemeanor.>
206-2 <Sec. 38.07.> Escape. (a) A person commits an offense if
206-3 he escapes from custody when he is:
206-4 (1) under arrest for, charged with, or convicted of an
206-5 offense; or
206-6 (2) in custody pursuant to a lawful order of a court.
206-7 (b) Except as provided in Subsections (c), <and> (d), and
206-8 (e) <of this section>, an offense under this section is a Class A
206-9 misdemeanor.
206-10 (c) An offense under this section is a state jail felony <of
206-11 the third degree> if the actor:
206-12 (1) is under arrest for, charged with, or convicted of
206-13 a felony; and <or>
206-14 (2) is not confined before effecting the escape <in a
206-15 penal institution>.
206-16 (d) An offense under this section is a felony of the third
206-17 <second> degree if the actor <used or threatened to use a deadly
206-18 weapon> to effect his escape:
206-19 (1) causes bodily injury; or
206-20 (2) damages or destroys tangible property.
206-21 (e) An offense under this section is a felony of the second
206-22 degree if to effect his escape the actor:
206-23 (1) causes serious bodily injury; or
206-24 (2) uses or threatens to use a deadly weapon.
206-25 (f) In this section, "confined" means to be within the
206-26 secured perimeter of a secure correctional facility.
206-27 Sec. 38.07 <38.08>. Permitting or Facilitating Escape. (a)
207-1 An official or employee of a correctional facility <an institution
207-2 that is responsible for maintaining persons in custody> commits an
207-3 offense if he <intentionally,> knowingly<, or recklessly> permits
207-4 or facilitates the escape of a person in custody.
207-5 (b) A person commits an offense if he <intentionally or>
207-6 knowingly causes or facilitates the escape of one who is in custody
207-7 pursuant to:
207-8 (1) an allegation or adjudication of delinquency; or
207-9 (2) <a statutory procedure authorizing> involuntary
207-10 commitment for mental illness under Subtitle C, Title 7, Health and
207-11 Safety Code, or for chemical dependency under Chapter 462, Health
207-12 and Safety Code<, alcoholism, or drug addiction>.
207-13 (c) Except as provided in Subsections <Subsection> (d) and
207-14 (e) <of this section>, an offense under this section is a Class A
207-15 misdemeanor.
207-16 (d) An offense under this section is a state jail felony <of
207-17 the third degree> if<:>
207-18 <(1)> the person in custody:
207-19 (1) was under arrest for, charged with, or convicted
207-20 of a felony; or
207-21 (2) <the person in custody> was confined in a
207-22 correctional facility other than a secure correctional facility
207-23 after conviction of a felony.
207-24 (e) An offense under this section is a felony of the second
207-25 degree if:
207-26 (1) <penal institution;>
207-27 <(3)> the actor or the person in custody used or
208-1 threatened to use a deadly weapon to effect the escape; or
208-2 (2) <(4)> the person in custody was confined in a
208-3 secure correctional facility after conviction of a felony <offense
208-4 under Subsection (a) of this section was committed intentionally>.
208-5 Sec. 38.08 <38.09>. Effect of Unlawful Custody. It is no
208-6 defense to prosecution under Section 38.06 <38.07 (Escape)> or
208-7 38.07 <38.08 (Facilitating Escape) of this code> that the custody
208-8 was unlawful.
208-9 Sec. 38.09 <38.10>. Implements for Escape. (a) A person
208-10 commits an offense if, with intent to facilitate escape, he
208-11 introduces into a correctional facility <penal institution>, or
208-12 provides a person in custody or an inmate with, a deadly weapon or
208-13 anything that may be useful for escape.
208-14 (b) An offense under this section is a state jail felony <of
208-15 the third degree> unless the actor introduced or provided a deadly
208-16 weapon, in which event the offense is a felony of the second
208-17 degree.
208-18 Sec. 38.10 <38.11>. Bail Jumping and Failure to Appear. (a)
208-19 A person lawfully released from custody, with or without bail, on
208-20 condition that he subsequently appear commits an offense if he
208-21 intentionally or knowingly fails to appear in accordance with the
208-22 terms of his release.
208-23 (b) It is a defense to prosecution under this section that
208-24 the appearance was <This section does not apply to appearances>
208-25 incident to community supervision, <probation or> parole, or an
208-26 intermittent sentence.
208-27 (c) It is a defense to prosecution under this section that
209-1 the actor had a reasonable excuse for his failure to appear in
209-2 accordance with the terms of his release.
209-3 (d) Except as provided in Subsections (e) and (f) <of this
209-4 section>, an offense under this section is a Class A misdemeanor.
209-5 (e) An offense under this section is a Class C misdemeanor
209-6 if the offense for which the actor's appearance was required is
209-7 punishable by fine only.
209-8 (f) An offense under this section is a state jail felony <of
209-9 the third degree> if the offense for which the actor's appearance
209-10 was required is classified as a felony.
209-11 Sec. 38.11 <38.111. FAILURE TO RETURN TO CUSTODY FOLLOWING
209-12 WORK RELEASE. (a) A person serving a sentence under Section 5 or
209-13 6, Article 42.03, Code of Criminal Procedure, commits an offense
209-14 if, having been released from custody as provided by either of
209-15 those sections, he fails to return to custody as required under the
209-16 terms of his sentence.>
209-17 <(b) An offense under this section is a Class A misdemeanor.>
209-18 <Sec. 38.112>. PROHIBITED SUBSTANCES IN CORRECTIONAL
209-19 FACILITIES. (a) A person commits an offense if the person
209-20 provides an alcoholic beverage, controlled substance, or dangerous
209-21 drug to an inmate or a defendant confined in <of> a correctional
209-22 facility <municipal or county jail, except on the prescription of a
209-23 physician>.
209-24 (b) A person commits an offense if the person, for purposes
209-25 other than delivery to a correctional facility warehouse, pharmacy,
209-26 or physician, takes an alcoholic beverage, <a> controlled
209-27 substance, or dangerous drug into:
210-1 (1) a <municipal or county jail or a> correctional
210-2 facility; or
210-3 (2) a <authorized by Subchapter F, Chapter 351, Local
210-4 Government Code except for delivery to a jail or> correctional
210-5 facility warehouse or<,> pharmacy<,> or that part of <physician.>
210-6 <(c) A person commits an offense if the person provides an
210-7 alcoholic beverage, controlled substance, or dangerous drug to an
210-8 inmate of the institutional division, except on the prescription of
210-9 a physician.>
210-10 <(d) A person commits an offense if the person takes a
210-11 controlled substance or dangerous drug into> a correctional
210-12 facility <authorized by Chapter 495, Government Code, or into the
210-13 confines of property owned by the institutional division and> used
210-14 or occupied by inmates or defendants<, except for delivery to an
210-15 institutional division or correctional facility warehouse,
210-16 pharmacy, or physician>.
210-17 (c) <(e)> A person commits an offense if the person
210-18 possesses an alcoholic beverage, <a> controlled substance, or
210-19 dangerous drug while in the confines of correctional facility
210-20 property <belonging to the institutional division>.
210-21 (d) <(f)> It is an affirmative defense to prosecution under
210-22 Subsection (c) <(e) of this section> that the person possessed the
210-23 alcoholic beverage, controlled substance, or dangerous drug
210-24 pursuant to a prescription issued by a practitioner or while
210-25 delivering the beverage, substance, or drug to a correctional
210-26 facility <an institutional division> warehouse, pharmacy, or
210-27 physician.
211-1 (e) A person who is subject to prosecution under this
211-2 section and either Chapter 481 or 483, Health and Safety Code, may
211-3 be prosecuted under this section or the appropriate chapter of the
211-4 Health and Safety Code.
211-5 (f) <(g)> In this section:
211-6 (1) <"Alcoholic beverage" has the meaning assigned by
211-7 Section 1.04(1), Alcoholic Beverage Code.>
211-8 <(2) "Controlled substance" has the meaning assigned
211-9 by Section 481.002, Health and Safety Code.>
211-10 <(3) "Dangerous drug" has the meaning assigned by
211-11 Section 483.001, Health and Safety Code.>
211-12 <(4) "Institutional division" means the institutional
211-13 division of the Texas Department of Criminal Justice.>
211-14 <(5)> "Practitioner" has the meaning assigned by
211-15 Section 481.002, Health and Safety Code.
211-16 (2) <(6)> "Prescription" has the meaning assigned by
211-17 Section 481.002, Health and Safety Code.
211-18 (g) <(h)> An offense under this section is a felony of the
211-19 third degree.
211-20 Sec. 38.12. Barratry. (a) A person commits an offense if,
211-21 with intent to obtain a <an economic> benefit or to harm another
211-22 <for himself>, he:
211-23 (1) institutes any suit or claim in which he knows he
211-24 has no interest;
211-25 (2) institutes any suit or claim that he knows is
211-26 false;
211-27 (3) solicits employment for himself or another to
212-1 prosecute or defend a suit or to collect a claim; or
212-2 (4) procures another to solicit for him or another
212-3 employment to prosecute or defend a suit or to collect a claim.
212-4 (b) <Intent to obtain an economic benefit is presumed if the
212-5 person accepts employment for a fee, accepts a fee, or accepts or
212-6 agrees to accept money or any economic benefit.>
212-7 <(c)> Except as provided by Subsection (c) <(d) of this
212-8 section>, an offense under Subsection (a) <of this section> is a
212-9 Class A misdemeanor.
212-10 (c) <(d)> An offense under Subsection (a)(3) or (a)(4) <of
212-11 this section> is a state jail felony <of the third degree> if it is
212-12 shown on the trial of the offense that<:>
212-13 <(1) the defendant has previously been convicted under
212-14 Subsection (a)(3) or (a)(4) of this section; and>
212-15 <(2)> the solicitation is performed in whole or in
212-16 part:
212-17 (1) <(A)> in a hospital, funeral establishment, or
212-18 public or private cemetery or at the scene of an accident;
212-19 (2) <(B)> by using a person who is an employee of:
212-20 (A) <(i)> this state;
212-21 (B) <(ii)> a political subdivision of this
212-22 state, including a county, municipality, or special purpose
212-23 district or authority; or
212-24 (C) <(iii)> a hospital or funeral establishment;
212-25 or
212-26 (3) <(C)> by impersonating a clergyman, public
212-27 employee, or emergency assistance worker or volunteer.
213-1 <(e) Final conviction of felony barratry is a serious crime
213-2 for all purposes and acts, specifically including the State Bar
213-3 Rules.>
213-4 Sec. 38.13. Hindering Proceedings by Disorderly Conduct.
213-5 (a) A person commits an offense if he intentionally hinders an
213-6 official proceeding by noise or violent or tumultuous behavior or
213-7 disturbance.
213-8 (b) A person commits an offense if he recklessly hinders an
213-9 official proceeding by noise or violent or tumultuous behavior or
213-10 disturbance and continues after explicit official request to
213-11 desist.
213-12 (c) An offense under this section is a Class A misdemeanor.
213-13 Sec. 38.14. <PREVENTING EXECUTION OF CIVIL PROCESS. (a) A
213-14 person commits an offense if he intentionally or knowingly prevents
213-15 the execution of any process in a civil cause.>
213-16 <(b) It is an exception to the application of this section
213-17 that the actor evaded service of process by avoiding detection.>
213-18 <(c) An offense under this section is a Class C misdemeanor.>
213-19 <Sec. 38.15. ><Tampering with Devices Designed to Prevent
213-20 Driving While Intoxicated><. (a) In this section, "device" means a
213-21 device approved by the Department of Public Safety under Section
213-22 23A(f), Chapter 173, Acts of the 47th Legislature, Regular Session,
213-23 1941 (Article 6687b, Vernon's Texas Civil Statutes), that makes
213-24 impractical the operation of a motor vehicle if ethyl alcohol is
213-25 detected in the breath of the operator.>
213-26 <(b) A person commits an offense if the person intentionally
213-27 or knowingly, for the purpose of allowing a person who is subject
214-1 to a condition of probation under Section 6f(b), Article 42.12,
214-2 Code of Criminal Procedure, or who is subject to driver's license
214-3 restrictions under Section 23A(f) or 25(a), Chapter 173, Acts of
214-4 the 47th Legislature, Regular Session, 1941 (Article 6687b,
214-5 Vernon's Texas Civil Statutes), to operate a motor vehicle whether
214-6 or not the person is intoxicated:>
214-7 <(1) tampers with a device; or>
214-8 <(2) introduces or allows to be introduced into the
214-9 device any substance other than the deep-lung air of the
214-10 probationer or restricted operator.>
214-11 <(c) An offense under this section is a Class B misdemeanor.>
214-12 <Sec. 38.16. ><Injury to or Interference With Animal Under
214-13 Supervision of Peace Officer or Department of Corrections Employee><.
214-14 (a) A person commits an offense if, knowing that a dog, horse, or
214-15 other animal is under the supervision of a peace officer,
214-16 corrections officer, or jailer and is being used for law
214-17 enforcement, corrections, prison or jail security, or investigative
214-18 purposes, the person knowingly, intentionally, or recklessly:>
214-19 <(1) interferes with the animal; or>
214-20 <(2) injures the animal.>
214-21 <(b) An offense under this section is a Class A misdemeanor.>
214-22 <Sec. 38.17.> TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE
214-23 OFFICER. (a) In this section, "firearm" has the meanings assigned
214-24 by Section 46.01 <of this code>.
214-25 (b) A person commits an offense if the person intentionally
214-26 or knowingly and with force takes or attempts to take from a peace
214-27 officer the officer's firearm with the intention of harming the
215-1 officer or a third person.
215-2 (c) The actor is presumed to have known that the peace
215-3 officer was a peace officer if the officer was wearing a
215-4 distinctive uniform or badge indicating his employment, or if the
215-5 officer identified himself as a peace officer.
215-6 (d) It is a defense to prosecution under this section that
215-7 the defendant took or attempted to take the weapon from a peace
215-8 officer who was using force against the defendant or another in
215-9 excess of the amount of force permitted by law.
215-10 (e) An offense under this section is a state jail felony <of
215-11 the third degree>.
215-12 Sec. 38.15 <38.18>. Interference With Public Duties <of
215-13 Public Servants>. (a) A person commits an offense if the person
215-14 <intentionally, knowingly, recklessly, or> with criminal negligence
215-15 interrupts, disrupts, impedes, or otherwise interferes with:
215-16 (1) a peace officer while the peace officer is
215-17 performing a duty or exercising authority imposed or granted by
215-18 law;
215-19 (2) a person who is employed to provide emergency
215-20 medical services including the transportation of ill or injured
215-21 persons while the person is performing that duty; <or>
215-22 (3) a fire fighter, while the fire fighter is fighting
215-23 a fire or investigating the cause of a fire;
215-24 (4) an animal under the supervision of a peace
215-25 officer, corrections officer, or jailer, if the person knows the
215-26 animal is being used for law enforcement, corrections, prison or
215-27 jail security, or investigative purposes; or
216-1 (5) the transmission of a communication over a
216-2 citizen's band radio channel, the purpose of which communication is
216-3 to inform or inquire about an emergency.
216-4 (b) An offense under this section is a Class B misdemeanor.
216-5 (c) It is a defense to prosecution under Subsection (a)(1)
216-6 <of this section> that the conduct engaged in by the defendant was
216-7 intended to warn a person operating a motor vehicle of the presence
216-8 of a peace officer who was enforcing the provisions of the Uniform
216-9 Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas
216-10 Civil Statutes).
216-11 (d) It is a defense to prosecution under this section that
216-12 the interruption, disruption, impediment, or interference alleged
216-13 consisted of speech only.
216-14 (e) In this section, "emergency" means a condition or
216-15 circumstance in which an individual is or is reasonably believed by
216-16 the person transmitting the communication to be in imminent danger
216-17 of serious bodily injury or in which property is or is reasonably
216-18 believed by the person transmitting the communication to be in
216-19 imminent danger of damage or destruction.
216-20 CHAPTER 39. ABUSE OF OFFICE
216-21 Sec. 39.01. DEFINITIONS. In this chapter:
216-22 (1) "Law relating to a public servant's office or
216-23 employment" means a law that specifically applies to a person
216-24 acting in the capacity of a public servant and that directly or
216-25 indirectly:
216-26 (A) imposes a duty on the public servant; or
216-27 (B) governs the conduct of the public servant.
217-1 (2) "Misuse" means to deal with property contrary to:
217-2 (A) an agreement under which the public servant
217-3 holds the property;
217-4 (B) a contract of employment or oath of office
217-5 of a public servant;
217-6 (C) a law, including provisions of the General
217-7 Appropriations Act specifically relating to government property,
217-8 that prescribes the manner of custody or disposition of the
217-9 property; or
217-10 (D) a limited purpose for which the property is
217-11 delivered or received.
217-12 Sec. 39.02. ABUSE OF OFFICIAL CAPACITY <MISCONDUCT>. (a) A
217-13 public servant commits an offense if, with intent to obtain a
217-14 benefit or with intent to harm or defraud another, he intentionally
217-15 or knowingly:
217-16 (1) violates a law relating to the public servant's
217-17 <his> office or employment; or
217-18 (2) misuses government property, services, personnel,
217-19 or <misapplies> any other thing of value belonging to the
217-20 government that has come into the public servant's <his> custody or
217-21 possession by virtue of the public servant's <his> office or
217-22 employment.
217-23 (b) An offense under Subsection (a)(1) <of this section> is
217-24 a Class A misdemeanor.
217-25 (c) An offense under Subsection (a)(2) <of this section> is:
217-26 (1) <a Class C misdemeanor if the value of the use of
217-27 the thing misapplied is less than $20;>
218-1 <(2)> a Class B misdemeanor if the value of the use of
218-2 the thing misused <misapplied> is <$20 or more but> less than $500
218-3 <$200>;
218-4 (2) <(3)> a Class A misdemeanor if the value of the
218-5 use of the thing misused <misapplied> is $500 <$200> or more but
218-6 less than $1,500 <$750>;
218-7 (3) <(4)> a state jail felony <of the third degree> if
218-8 the value of the use of the thing misused <misapplied> is $1,500
218-9 <$750> or more but less than $20,000;
218-10 (4) a felony of the third degree if the value of the
218-11 use of the thing misused is $20,000 or more but less than $100,000;
218-12 and
218-13 (5) a felony of the second degree if the value of the
218-14 use of the thing misused <misapplied> is $100,000 <$20,000> or
218-15 more.
218-16 Sec. 39.03 <39.02>. Official Oppression. (a) A public
218-17 servant acting under color of his office or employment commits an
218-18 offense if he:
218-19 (1) intentionally subjects another to mistreatment or
218-20 to arrest, detention, search, seizure, dispossession, assessment,
218-21 or lien that he knows is unlawful;
218-22 (2) intentionally denies or impedes another in the
218-23 exercise or enjoyment of any right, privilege, power, or immunity,
218-24 knowing his conduct is unlawful; or
218-25 (3) intentionally subjects another to sexual
218-26 harassment.
218-27 (b) For purposes of this section, a public servant acts
219-1 under color of his office or employment if he acts or purports to
219-2 act in an official capacity or takes advantage of such actual or
219-3 purported capacity.
219-4 (c) In this section, "sexual harassment" means unwelcome
219-5 sexual advances, requests for sexual favors, or other verbal or
219-6 physical conduct of a sexual nature, submission to which is made a
219-7 term or condition of a person's exercise or enjoyment of any right,
219-8 privilege, power, or immunity, either explicitly or implicitly.
219-9 (d) An offense under this section is a Class A misdemeanor.
219-10 Sec. 39.04 <39.021>. VIOLATIONS OF THE CIVIL RIGHTS OF
219-11 PERSON IN CUSTODY <A PRISONER>. (a) An official or employee of <A
219-12 jailer or guard employed at a municipal or county jail, by the
219-13 Texas Department of Corrections, or by> a correctional facility
219-14 <authorized by Article 5115d, Revised Statutes, or Article 6166g-2,
219-15 Revised Statutes,> or a peace officer commits an offense if he<:>
219-16 <(1)> intentionally <subjects a person in custody to
219-17 bodily injury knowing his conduct is unlawful;>
219-18 <(2) willfully> denies or impedes a person in custody
219-19 in the exercise or enjoyment of any right, privilege, or immunity
219-20 knowing his conduct is unlawful.
219-21 (b) An offense under this section is a Class A misdemeanor
219-22 <felony of the third degree. An offense under this section is a
219-23 felony of the second degree if serious bodily injury occurs or a
219-24 felony of the first degree if death occurs>.
219-25 (c) This section shall not preclude prosecution for any
219-26 other offense set out in this code.
219-27 (d) The Attorney General of Texas shall have concurrent
220-1 jurisdiction with law enforcement agencies to investigate
220-2 violations of this statute involving serious bodily injury or
220-3 death.
220-4 (e) In this section, "custody" means the detention, arrest,
220-5 or confinement of a person.
220-6 Sec. 39.05 <39.022>. Failure to Report Death of Prisoner.
220-7 (a) A person commits an offense if the person is required to
220-8 conduct an investigation and file a report by Article 49.18
220-9 <49.08(b)>, Code of Criminal Procedure, <1965,> and the person
220-10 fails to investigate the death, fails to file the report as
220-11 required, or fails to include in a filed report facts known or
220-12 discovered in the investigation.
220-13 (b) An offense under this section is a Class B misdemeanor.
220-14 Sec. 39.06 <39.03>. Misuse of Official Information. (a) A
220-15 public servant commits an offense if, in reliance on information to
220-16 which he has access by virtue of his office or employment <in his
220-17 official capacity> and that <which> has not been made public, he:
220-18 (1) acquires or aids another to acquire a pecuniary
220-19 interest in any property, transaction, or enterprise that may be
220-20 affected by the information; or
220-21 (2) speculates or aids another to speculate on the
220-22 basis of the information.
220-23 (b) A public servant <who is a judge, justice, intern,
220-24 participant in a court-approved history project, or employee of an
220-25 appellate court> commits an offense if with intent to obtain a
220-26 benefit or with intent to harm or defraud another, he discloses or
220-27 uses information for a non-governmental purpose that:
221-1 (1) he has access to by means of his office or
221-2 employment; and
221-3 (2) has not been made public <he intentionally or
221-4 knowingly reveals the result or content of a proposed or actual
221-5 appellate judicial decision or opinion to any person other than a
221-6 judge, justice, or employee, intern, or participant in a
221-7 court-approved history project under suitable supervision of the
221-8 same appellate court prior to its release as a public record or
221-9 announcement to all parties of interest on an equal basis>.
221-10 (c) A person commits an offense if, with intent to obtain a
221-11 benefit or with intent to harm or defraud another, he
221-12 <intentionally or knowingly> solicits or receives from a public
221-13 servant information that:
221-14 (1) the public servant has access to by means of his
221-15 office or employment; and
221-16 (2) has not been made public <the result or content of
221-17 a proposed or actual appellate judicial decision or opinion prior
221-18 to the rendition of judgment, when the person knows that the
221-19 content or result of such order or opinion has not been disclosed
221-20 to the opposing party or parties>.
221-21 (d) In this section, "information that has not been made
221-22 public" means any information to which the public does not
221-23 generally have access, and that is prohibited from disclosure under
221-24 Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
221-25 (Article 6252-17a, Vernon's Texas Civil Statutes).
221-26 (e) An offense under this section is a felony of the third
221-27 degree.
222-1 TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
222-2 CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
222-3 Sec. 42.01. Disorderly Conduct. (a) A person commits an
222-4 offense if he intentionally or knowingly:
222-5 (1) uses abusive, indecent, profane, or vulgar
222-6 language in a public place, and the language by its very utterance
222-7 tends to incite an immediate breach of the peace;
222-8 (2) makes an offensive gesture or display in a public
222-9 place, and the gesture or display tends to incite an immediate
222-10 breach of the peace;
222-11 (3) creates, by chemical means, a noxious and
222-12 unreasonable odor in a public place;
222-13 (4) abuses or threatens a person in a public place in
222-14 an obviously offensive manner;
222-15 (5) makes unreasonable noise in a public place other
222-16 than a sport shooting range, as defined by Section 250.001, Local
222-17 Government Code, or in or near a private residence that he has no
222-18 right to occupy;
222-19 (6) fights with another in a public place;
222-20 (7) enters on the property of another and for a lewd
222-21 or unlawful purpose looks into a dwelling on the property through
222-22 any window or other opening in the dwelling;
222-23 (8) while on the premises of a hotel or comparable
222-24 establishment, for a lewd or unlawful purpose looks into a guest
222-25 room not his own through a window or other opening in the room;
222-26 (9) discharges a firearm in a public place other than
222-27 a public road or a sport shooting range, as defined by Section
223-1 250.001, Local Government Code;
223-2 (10) displays a firearm or other deadly weapon in a
223-3 public place in a manner calculated to alarm;
223-4 (11) discharges a firearm on or across a public road;
223-5 or
223-6 (12) exposes his anus or genitals in a public place
223-7 and is reckless about whether another may be present who will be
223-8 offended or alarmed by his act.
223-9 (b) It is a defense to prosecution under Subsection (a)(4)
223-10 <of this section> that the actor had significant provocation for
223-11 his abusive or threatening conduct.
223-12 (c) For purposes of this section, an act is deemed to occur
223-13 in a public place or near a private residence if it produces its
223-14 offensive or proscribed consequences in the public place or near a
223-15 private residence.
223-16 (d) An offense under this section is a Class C misdemeanor
223-17 unless committed under Subsection (a)(9) or (a)(10) <of this
223-18 section>, in which event it is a Class B misdemeanor; and further
223-19 provide that a person who violates Subsection (a)(11) is guilty of
223-20 a misdemeanor and on a first conviction is punishable by a fine of
223-21 not less than $25 nor more than $200, on a second conviction is
223-22 punishable by a fine of not less than $200 nor more than $500, and
223-23 on a third or subsequent conviction is punishable by a fine of
223-24 $500.
223-25 Sec. 42.02. Riot. (a) For the purpose of this section,
223-26 "riot" means the assemblage of seven or more persons resulting in
223-27 conduct which:
224-1 (1) creates an immediate danger of damage to property
224-2 or injury to persons;
224-3 (2) substantially obstructs law enforcement or other
224-4 governmental functions or services; or
224-5 (3) by force, threat of force, or physical action
224-6 deprives any person of a legal right or disturbs any person in the
224-7 enjoyment of a legal right.
224-8 (b) A person commits an offense if he knowingly participates
224-9 in a riot.
224-10 (c) It is a defense to prosecution under this section that
224-11 the assembly was at first lawful and when one of those assembled
224-12 manifested an intent to engage in conduct enumerated in Subsection
224-13 (a) <of this section>, the actor retired from the assembly.
224-14 (d) It is no defense to prosecution under this section that
224-15 another who was a party to the riot has been acquitted, has not
224-16 been arrested, prosecuted, or convicted, has been convicted of a
224-17 different offense or of a different type or class of offense, or is
224-18 immune from prosecution.
224-19 (e) Except as provided in Subsection (f) <of this section>,
224-20 an offense under this section is a Class B misdemeanor.
224-21 (f) An offense under this section is an offense of the same
224-22 classification as any offense of a higher grade committed by anyone
224-23 engaged in the riot if the offense was:
224-24 (1) in the furtherance of the purpose of the assembly;
224-25 or
224-26 (2) an offense which should have been anticipated as a
224-27 result of the assembly.
225-1 Sec. 42.03. Obstructing Highway or Other Passageway. (a) A
225-2 person commits an offense if, without legal privilege or authority,
225-3 he intentionally, knowingly, or recklessly:
225-4 (1) obstructs a highway, street, sidewalk, railway,
225-5 waterway, elevator, aisle, hallway, entrance, or exit to which the
225-6 public or a substantial group of the public has access, or any
225-7 other place used for the passage of persons, vehicles, or
225-8 conveyances, regardless of the means of creating the obstruction
225-9 and whether the obstruction arises from his acts alone or from his
225-10 acts and the acts of others; or
225-11 (2) disobeys a reasonable request or order to move
225-12 issued by a person the actor knows to be or is informed is a peace
225-13 officer, a fireman, or a person with authority to control the use
225-14 of the premises:
225-15 (A) to prevent obstruction of a highway or any
225-16 of those areas mentioned in Subdivision (1) <of this subsection>;
225-17 or
225-18 (B) to maintain public safety by dispersing
225-19 those gathered in dangerous proximity to a fire, riot, or other
225-20 hazard.
225-21 (b) For purposes of this section, "obstruct" means to render
225-22 impassable or to render passage unreasonably inconvenient or
225-23 hazardous.
225-24 (c) An offense under this section is a Class B misdemeanor.
225-25 Sec. 42.04. Defense When Conduct Consists of Speech or Other
225-26 Expression. (a) If conduct that would otherwise violate Section
225-27 42.01(a)(5) (Unreasonable Noise) or 42.03 (Obstructing Passageway)
226-1 <of this code> consists of speech or other communication, of
226-2 gathering with others to hear or observe such speech or
226-3 communication, or of gathering with others to picket or otherwise
226-4 express in a nonviolent manner a position on social, economic,
226-5 political, or religious questions, the actor must be ordered to
226-6 move, disperse, or otherwise remedy the violation prior to his
226-7 arrest if he has not yet intentionally harmed the interests of
226-8 others which those sections seek to protect.
226-9 (b) The order required by this section may be given by a
226-10 peace officer, a fireman, a person with authority to control the
226-11 use of the premises, or any person directly affected by the
226-12 violation.
226-13 (c) It is a defense to prosecution under Section 42.01(a)(5)
226-14 or 42.03 <of this code>:
226-15 (1) that in circumstances in which this section
226-16 requires an order no order was given;
226-17 (2) that an order, if given, was manifestly
226-18 unreasonable in scope; or
226-19 (3) that an order, if given, was promptly obeyed.
226-20 Sec. 42.05. Disrupting Meeting or Procession. (a) A person
226-21 commits an offense if, with intent to prevent or disrupt a lawful
226-22 meeting, procession, or gathering, he obstructs or interferes with
226-23 the meeting, procession, or gathering by physical action or verbal
226-24 utterance.
226-25 (b) An offense under this section is a Class B misdemeanor.
226-26 Sec. 42.06. False Alarm or Report. (a) A person commits an
226-27 offense if he knowingly initiates, communicates or circulates a
227-1 report of a present, past, or future bombing, fire, offense, or
227-2 other emergency that he knows is false or baseless and that would
227-3 ordinarily:
227-4 (1) cause action by an official or volunteer agency
227-5 organized to deal with emergencies;
227-6 (2) place a person in fear of imminent serious bodily
227-7 injury; or
227-8 (3) prevent or interrupt the occupation of a building,
227-9 room, place of assembly, place to which the public has access, or
227-10 aircraft, automobile, or other mode of conveyance.
227-11 (b) An offense under this section is a Class A misdemeanor
227-12 unless the false report is of an emergency involving public
227-13 communications, public transportation, public water, gas, or power
227-14 supply or other public service, in which event the offense is a
227-15 state jail felony <of the third degree>.
227-16 Sec. 42.061. Silent or Abusive Calls to 9-1-1 Service. (a)
227-17 In this section "9-1-1 service" and "public safety answering point"
227-18 or "PSAP" have the meanings assigned by Section 772.001, Health and
227-19 Safety Code.
227-20 (b) A person commits an offense if the person makes a
227-21 telephone call to 9-1-1 when there is not an emergency and
227-22 knowingly or intentionally:
227-23 (1) remains silent; or
227-24 (2) makes abusive or harassing statements to a PSAP
227-25 employee.
227-26 (c) A person commits an offense if the person knowingly
227-27 permits a telephone under the person's control to be used by
228-1 another person in a manner described in Subsection (b) <of this
228-2 section>.
228-3 (d) An offense under this section is a Class B misdemeanor<,
228-4 unless it is shown on the trial of a defendant that the defendant
228-5 has been previously convicted under this section, in which event
228-6 the offense is a Class A misdemeanor>.
228-7 Sec. 42.07. Harassment. (a) A person commits an offense
228-8 if, with intent to harass, annoy, alarm, abuse, torment, or
228-9 embarrass another, he:
228-10 (1) initiates communication by telephone or in writing
228-11 and in the course of the communication makes a comment, request,
228-12 suggestion, or proposal that is obscene;
228-13 (2) threatens, by telephone or in writing, in a manner
228-14 reasonably likely to alarm the person receiving the threat, to
228-15 inflict serious bodily injury on the person or to commit a felony
228-16 against the person, a member of his family, or his property;
228-17 (3) conveys, in a manner reasonably likely to alarm
228-18 the person receiving the report, a false report, which is known by
228-19 the conveyer to be false, that another person has suffered death or
228-20 serious bodily injury;
228-21 (4) causes the telephone of another to ring repeatedly
228-22 or makes repeated telephone communications anonymously or in a
228-23 manner reasonably likely to harass, annoy, alarm, abuse, torment,
228-24 embarrass, or offend another;
228-25 (5) makes a telephone call and intentionally fails to
228-26 hang up or disengage the connection; or
228-27 (6) knowingly permits a telephone under his control to
229-1 be used by a person to commit an offense under this section.
229-2 (b) For purposes of Subsection (a)(1) <of this section>,
229-3 "obscene" means containing a patently offensive description of or a
229-4 solicitation to commit an ultimate sex act, including sexual
229-5 intercourse, masturbation, cunnilingus, fellatio, or anilingus, or
229-6 a description of an excretory function.
229-7 (c) An offense under this section is a Class B misdemeanor.
229-8 Sec. 42.08. <PUBLIC INTOXICATION. (a) An individual
229-9 commits an offense if the individual appears in a public place
229-10 under the influence of alcohol or any other substance, to the
229-11 degree that the individual may endanger himself or another.>
229-12 <(b) In lieu of arresting an individual who commits an
229-13 offense under Subsection (a) of this section, a peace officer may
229-14 release an individual if:>
229-15 <(1) the officer believes detention in a penal
229-16 facility is unnecessary for the protection of the individual or
229-17 others; and>
229-18 <(2) the individual:>
229-19 <(A) is released to the care of an adult who
229-20 agrees to assume responsibility for the individual; or>
229-21 <(B) verbally consents to voluntary treatment
229-22 for chemical dependency in a program in a treatment facility
229-23 licensed and approved by the Texas Commission on Alcohol and Drug
229-24 Abuse, and the program admits the individual for treatment.>
229-25 <(c) A magistrate may release from custody an individual
229-26 arrested under this section if the magistrate determines the
229-27 individual meets the conditions required for release in lieu of
230-1 arrest under Subsection (b) of this section.>
230-2 <(d) The release of an individual under Subsection (b) or
230-3 (c) of this section to an alcohol or drug treatment program may not
230-4 be considered by a peace officer or magistrate in determining
230-5 whether the individual should be released to such a program for a
230-6 subsequent incident or arrest under this section.>
230-7 <(e) A peace officer and the agency or political subdivision
230-8 that employs the peace officer may not be held liable for damage to
230-9 persons or property that results from the actions of an individual
230-10 released under Subsection (b) or (c) of this section.>
230-11 <(f) It is a defense to prosecution under this section that
230-12 the alcohol or other substance was administered for therapeutic
230-13 purposes and as a part of the individual's professional medical
230-14 treatment by a licensed physician.>
230-15 <(g) An offense under this section is not a lesser included
230-16 offense of an offense under Article 6701l-1, Revised Statutes.>
230-17 <(h) An offense under this section is a Class C misdemeanor.>
230-18 <Sec. 42.09. DESECRATION OF VENERATED OBJECT. (a) A person
230-19 commits an offense if he intentionally or knowingly desecrates:>
230-20 <(1) a public monument; or>
230-21 <(2) a place of worship or burial.>
230-22 <(b) For purposes of this section, "desecrate" means deface,
230-23 damage, or otherwise physically mistreat in a way that the actor
230-24 knows will seriously offend one or more persons likely to observe
230-25 or discover his action.>
230-26 <(c) Except as provided by Subsection (d) of this section,
230-27 an offense under this section is a Class A misdemeanor.>
231-1 <(d) An offense under this section is a felony of the third
231-2 degree if a place of worship or burial is desecrated.>
231-3 <Sec. 42.10.> Abuse of Corpse. (a) A person commits an
231-4 offense if, not authorized by law, he intentionally or knowingly:
231-5 (1) disinters, disturbs, removes, dissects, in whole
231-6 or in part, carries away, or treats in a seriously offensive manner
231-7 a human corpse;
231-8 (2) conceals a human corpse knowing it to be illegally
231-9 disinterred;
231-10 (3) sells or buys a human corpse or in any way
231-11 traffics in a human corpse; or
231-12 (4) transmits or conveys, or procures to be
231-13 transmitted or conveyed, a human corpse to a place outside the
231-14 state.
231-15 (b) An offense under this section is a Class A misdemeanor.
231-16 Sec. 42.09 <42.11>. Cruelty to Animals. (a) A person
231-17 commits an offense if he intentionally or knowingly:
231-18 (1) tortures or seriously overworks an animal;
231-19 (2) fails unreasonably to provide necessary food,
231-20 care, or shelter for an animal in his custody;
231-21 (3) abandons unreasonably an animal in his custody;
231-22 (4) transports or confines an animal in a cruel
231-23 manner;
231-24 (5) kills, injures, or administers poison to an
231-25 animal, other than cattle, horses, sheep, swine, or goats,
231-26 belonging to another without legal authority or the owner's
231-27 effective consent;
232-1 (6) causes one animal to fight with another; or
232-2 (7) uses a live animal as a lure in dog race training
232-3 or in dog coursing on a racetrack.
232-4 (b) It is a defense to prosecution under this section that
232-5 the actor was engaged in bona fide experimentation for scientific
232-6 research.
232-7 (c) For purposes of this section, "animal" means a
232-8 domesticated living creature and wild living creature previously
232-9 captured. "Animal" does not include an uncaptured wild creature or
232-10 a wild creature whose capture was accomplished by conduct at issue
232-11 under this section.
232-12 (d) An offense under this section is a Class A misdemeanor.
232-13 (e) It is a defense to prosecution under Subsection (a)(5)
232-14 <of this section> that the animal was discovered on the person's
232-15 property in the act of or immediately after injuring or killing the
232-16 person's goats, sheep, cattle, horses, swine, or poultry and that
232-17 the person killed or injured the animal at the time of this
232-18 discovery.
232-19 Sec. 42.10 <42.111>. Dog Fighting. (a) A person commits an
232-20 offense if he intentionally or knowingly:
232-21 (1) causes a dog to fight with another dog;
232-22 (2) for a pecuniary benefit causes a dog to fight with
232-23 another dog;
232-24 (3) participates in the earnings of or operates a
232-25 facility used for dog fighting;
232-26 (4) uses or permits another to use any real estate,
232-27 building, room, tent, arena, or other property for dog fighting;
233-1 (5) owns or trains a dog with the intent that the dog
233-2 be used in an exhibition of dog fighting; or
233-3 (6) attends as a spectator an exhibition of dog
233-4 fighting.
233-5 (b) In this section, "dog fighting" means any situation in
233-6 which one dog attacks or fights with another dog.
233-7 (c) A party to an offense under Subdivision (2), (3), or (4)
233-8 of Subsection (a) <of this section> may be required to furnish
233-9 evidence or testify about the offense but may not be prosecuted for
233-10 the offense about which he is required to furnish evidence or
233-11 testify.
233-12 (d) A conviction under Subdivision (2), (3), or (4) of
233-13 Subsection (a) <of this section> may be had upon the uncorroborated
233-14 testimony of a party to the offense.
233-15 (e) It is a defense to prosecution under Subdivision (1) or
233-16 (2) of Subsection (a) <of this section> that the actor caused a dog
233-17 to fight with another dog to protect livestock, other property, or
233-18 a person from the other dog, and for no other purpose.
233-19 (f) An offense under Subdivision (1) or (5) of Subsection
233-20 (a) <of this section> is a Class A misdemeanor. An offense under
233-21 Subdivision (2), (3), or (4) of Subsection (a) <of this section> is
233-22 a state jail felony <of the third degree>. An offense under
233-23 Subdivision (6) of Subsection (a) <of this section> is a Class C
233-24 misdemeanor.
233-25 <Sec. 42.13. ><Interference with Emergency Communication><. (a)
233-26 A person commits an offense if the person intentionally, knowingly,
233-27 recklessly, or with criminal negligence interrupts, disrupts,
234-1 impedes, or otherwise interferes with the transmission of a
234-2 communication over a citizen's band radio channel, the purpose of
234-3 which communication is to inform or inquire about an emergency.>
234-4 <(b) In this section, "emergency" means a condition or
234-5 circumstance in which an individual is or is reasonably believed
234-6 by the person transmitting the communication to be in imminent
234-7 danger of serious bodily injury or in which property is or is
234-8 reasonably believed by the person transmitting the communication to
234-9 be in imminent danger of damage or destruction.>
234-10 <(c) An offense under this section is a Class B misdemeanor
234-11 unless, as a result of the commission of the offense, serious
234-12 bodily injury or property loss in excess of $1,000 occurs, in which
234-13 event the offense is a felony of the third degree.>
234-14 Sec. 42.11 <42.14>. Destruction of Flag. (a) A person
234-15 commits an offense if the person intentionally or knowingly
234-16 damages, defaces, mutilates, or burns the flag of the United States
234-17 or the State of Texas.
234-18 (b) In this section, "flag" means an emblem, banner, or
234-19 other standard or a copy of an emblem, standard, or banner that is
234-20 an official or commonly recognized depiction of the flag of the
234-21 United States or of this state and is capable of being flown from a
234-22 staff of any character or size. The term does not include a
234-23 representation of a flag on a written or printed document, a
234-24 periodical, stationery, a painting or photograph, or an article of
234-25 clothing or jewelry.
234-26 (c) It is an exception to the application of this section
234-27 that the act that would otherwise constitute an offense is done in
235-1 conformity with statutes of the United States or of this state
235-2 relating to the proper disposal of damaged flags.
235-3 (d) An offense under this section is a Class A misdemeanor.
235-4 CHAPTER 43. PUBLIC INDECENCY
235-5 SUBCHAPTER A. PROSTITUTION
235-6 Sec. 43.01. DEFINITIONS. In this subchapter:
235-7 (1) "Deviate sexual intercourse" means any contact
235-8 between the genitals of one person and the mouth or anus of another
235-9 person.
235-10 (2) "Prostitution" means the offense defined in
235-11 Section 43.02 <of this code>.
235-12 (3) "Sexual contact" means any touching of the anus,
235-13 breast, or any part of the genitals of another person with intent
235-14 to arouse or gratify the sexual desire of any person.
235-15 (4) "Sexual conduct" includes deviate sexual
235-16 intercourse, sexual contact, and sexual intercourse.
235-17 (5) "Sexual intercourse" means any penetration of the
235-18 female sex organ by the male sex organ.
235-19 Sec. 43.02. PROSTITUTION. (a) A person commits an offense
235-20 if he knowingly:
235-21 (1) offers to engage, agrees to engage, or engages in
235-22 sexual conduct for a fee; or
235-23 (2) solicits another in a public place to engage with
235-24 him in sexual conduct for hire.
235-25 (b) An offense is established under Subsection (a)(1) <of
235-26 this section> whether the actor is to receive or pay a fee. An
235-27 offense is established under Subsection (a)(2) <of this section>
236-1 whether the actor solicits a person to hire him or offers to hire
236-2 the person solicited.
236-3 (c) An offense under this section is a Class B misdemeanor,
236-4 unless the actor has been convicted previously under this section,
236-5 in which event it is a Class A misdemeanor.
236-6 Sec. 43.03. PROMOTION OF PROSTITUTION. (a) A person
236-7 commits an offense if, acting other than as a prostitute receiving
236-8 compensation for personally rendered prostitution services, he or
236-9 she knowingly:
236-10 (1) receives money or other property pursuant to an
236-11 agreement to participate in the proceeds of prostitution; or
236-12 (2) solicits another to engage in sexual conduct with
236-13 another person for compensation.
236-14 (b) An offense under this section is a Class A misdemeanor.
236-15 Sec. 43.04. AGGRAVATED PROMOTION OF PROSTITUTION. (a) A
236-16 person commits an offense if he knowingly owns, invests in,
236-17 finances, controls, supervises, or manages a prostitution
236-18 enterprise that uses two or more prostitutes.
236-19 (b) An offense under this section is a felony of the third
236-20 degree.
236-21 Sec. 43.05. COMPELLING PROSTITUTION. (a) A person commits
236-22 an offense if he knowingly:
236-23 (1) causes another by force, threat, or fraud to
236-24 commit prostitution; or
236-25 (2) causes by any means a person younger than 17 years
236-26 to commit prostitution.
236-27 (b) An offense under this section is a felony of the second
237-1 degree.
237-2 Sec. 43.06. ACCOMPLICE WITNESS: TESTIMONY AND IMMUNITY.
237-3 (a) A party to an offense under this subchapter may be required to
237-4 furnish evidence or testify about the offense.
237-5 (b) A party to an offense under this subchapter may not be
237-6 prosecuted for any offense about which he is required to furnish
237-7 evidence or testify, and the evidence and testimony may not be used
237-8 against the party in any adjudicatory proceeding except a
237-9 prosecution for aggravated perjury.
237-10 (c) For purposes of this section, "adjudicatory proceeding"
237-11 means a proceeding before a court or any other agency of government
237-12 in which the legal rights, powers, duties, or privileges of
237-13 specified parties are determined.
237-14 (d) A conviction under this subchapter may be had upon the
237-15 uncorroborated testimony of a party to the offense.
237-16 (Sections 43.07-43.20 reserved for expansion)
237-17 SUBCHAPTER B. OBSCENITY
237-18 Sec. 43.21. DEFINITIONS. (a) In this subchapter:
237-19 (1) "Obscene" means material or a performance that:
237-20 (A) the average person, applying contemporary
237-21 community standards, would find that taken as a whole appeals to
237-22 the prurient interest in sex;
237-23 (B) depicts or describes:
237-24 (i) patently offensive representations or
237-25 descriptions of ultimate sexual acts, normal or perverted, actual
237-26 or simulated, including sexual intercourse, sodomy, and sexual
237-27 bestiality; or
238-1 (ii) patently offensive representations or
238-2 descriptions of masturbation, excretory functions, sadism,
238-3 masochism, lewd exhibition of the genitals, the male or female
238-4 genitals in a state of sexual stimulation or arousal, covered male
238-5 genitals in a discernibly turgid state or a device designed and
238-6 marketed as useful primarily for stimulation of the human genital
238-7 organs; and
238-8 (C) taken as a whole, lacks serious literary,
238-9 artistic, political, and scientific value.
238-10 (2) "Material" means anything tangible that is capable
238-11 of being used or adapted to arouse interest, whether through the
238-12 medium of reading, observation, sound, or in any other manner, but
238-13 does not include an actual three dimensional obscene device.
238-14 (3) "Performance" means a play, motion picture, dance,
238-15 or other exhibition performed before an audience.
238-16 (4) "Patently offensive" means so offensive on its
238-17 face as to affront current community standards of decency.
238-18 (5) "Promote" means to manufacture, issue, sell, give,
238-19 provide, lend, mail, deliver, transfer, transmit, publish,
238-20 distribute, circulate, disseminate, present, exhibit, or advertise,
238-21 or to offer or agree to do the same.
238-22 (6) "Wholesale promote" means to manufacture, issue,
238-23 sell, provide, mail, deliver, transfer, transmit, publish,
238-24 distribute, circulate, disseminate, or to offer or agree to do the
238-25 same for purpose of resale.
238-26 (7) "Obscene device" means a device including a dildo
238-27 or artificial vagina, designed or marketed as useful primarily for
239-1 the stimulation of human genital organs.
239-2 (b) If any of the depictions or descriptions of sexual
239-3 conduct described in this section are declared by a court of
239-4 competent jurisdiction to be unlawfully included herein, this
239-5 declaration shall not invalidate this section as to other patently
239-6 offensive sexual conduct included herein.
239-7 Sec. 43.22. OBSCENE DISPLAY OR DISTRIBUTION. (a) A person
239-8 commits an offense if he intentionally or knowingly displays or
239-9 distributes an obscene photograph, drawing, or similar visual
239-10 representation or other obscene material and is reckless about
239-11 whether a person is present who will be offended or alarmed by the
239-12 display or distribution.
239-13 (b) An offense under this section is a Class C misdemeanor.
239-14 Sec. 43.23. OBSCENITY. (a) A person commits an offense if,
239-15 knowing its content and character, he wholesale promotes or
239-16 possesses with intent to wholesale promote any obscene material or
239-17 obscene device.
239-18 (b) An offense under Subsection (a) <of this section> is a
239-19 state jail felony <of the third degree>.
239-20 (c) A person commits an offense if, knowing its content and
239-21 character, he:
239-22 (1) promotes or possesses with intent to promote any
239-23 obscene material or obscene device; or
239-24 (2) produces, presents, or directs an obscene
239-25 performance or participates in a portion thereof that is obscene or
239-26 that contributes to its obscenity.
239-27 (d) An offense under Subsection (c) <of this section> is a
240-1 Class A misdemeanor.
240-2 (e) A person who promotes or wholesale promotes obscene
240-3 material or an obscene device or possesses the same with intent to
240-4 promote or wholesale promote it in the course of his business is
240-5 presumed to do so with knowledge of its content and character.
240-6 (f) A person who possesses six or more obscene devices or
240-7 identical or similar obscene articles is presumed to possess them
240-8 with intent to promote the same.
240-9 (g) It is an affirmative defense to prosecution under this
240-10 section that the <This section does not apply to a> person who
240-11 possesses or promotes <distributes obscene> material or a device
240-12 proscribed <obscene devices or participates in conduct otherwise
240-13 prescribed> by this section does so for a bona fide educational,
240-14 medical, psychological, psychiatric, judicial, legislative, <when
240-15 the possession, participation,> or <conduct occurs in the course
240-16 of> law enforcement purpose <activities>.
240-17 Sec. 43.24. Sale, Distribution, or Display of Harmful
240-18 Material to Minor. (a) For purposes of this section:
240-19 (1) "Minor" means an individual younger than 17 years.
240-20 (2) "Harmful material" means material whose dominant
240-21 theme taken as a whole:
240-22 (A) appeals to the prurient interest of a minor,
240-23 in sex, nudity, or excretion;
240-24 (B) is patently offensive to prevailing
240-25 standards in the adult community as a whole with respect to what is
240-26 suitable for minors; and
240-27 (C) is utterly without redeeming social value
241-1 for minors.
241-2 (b) A person commits an offense if, knowing that the
241-3 material is harmful:
241-4 (1) and knowing the person is a minor, he sells,
241-5 distributes, exhibits, or possesses for sale, distribution, or
241-6 exhibition to a minor harmful material;
241-7 (2) he displays harmful material and is reckless about
241-8 whether a minor is present who will be offended or alarmed by the
241-9 display; or
241-10 (3) he hires, employs, or uses a minor to do or
241-11 accomplish or assist in doing or accomplishing any of the acts
241-12 prohibited in Subsection (b)(1) or (b)(2) <of this section>.
241-13 (c) It is a defense to prosecution under this section that:
241-14 (1) the sale, distribution, or exhibition was by a
241-15 person having scientific, educational, governmental, or other
241-16 similar justification; or
241-17 (2) the sale, distribution, or exhibition was to a
241-18 minor who was accompanied by a consenting parent, guardian, or
241-19 spouse.
241-20 (d) An offense under this section is a Class A misdemeanor
241-21 unless it is committed under Subsection (b)(3) <of this section> in
241-22 which event it is a felony of the third degree.
241-23 Sec. 43.25. Sexual Performance by a Child. (a) In this
241-24 section:
241-25 (1) "Sexual performance" means any performance or part
241-26 thereof that includes sexual conduct by a child younger than 17
241-27 years of age.
242-1 (2) "Sexual conduct" means actual or simulated sexual
242-2 intercourse, deviate sexual intercourse, sexual bestiality,
242-3 masturbation, sado-masochistic abuse, or lewd exhibition of the
242-4 genitals.
242-5 (3) "Performance" means any play, motion picture,
242-6 photograph, dance, or other visual representation that can be
242-7 exhibited before an audience of one or more persons.
242-8 (4) "Produce" with respect to a sexual performance
242-9 includes any conduct that directly contributes to the creation or
242-10 manufacture of the sexual performance.
242-11 (5) "Promote" means to procure, manufacture, issue,
242-12 sell, give, provide, lend, mail, deliver, transfer, transmit,
242-13 publish, distribute, circulate, disseminate, present, exhibit, or
242-14 advertise or to offer or agree to do any of the above.
242-15 (6) "Simulated" means the explicit depiction of sexual
242-16 conduct that creates the appearance of actual sexual conduct and
242-17 during which a person engaging in the conduct exhibits any
242-18 uncovered portion of the breasts, genitals, or buttocks.
242-19 (7) "Deviate sexual intercourse" has the meaning
242-20 defined by Section 43.01 <of this code>.
242-21 (8) "Sado-masochistic abuse" has the meaning defined
242-22 by Section 43.24 <of this code>.
242-23 (b) A person commits an offense if, knowing the character
242-24 and content thereof, he employs, authorizes, or induces a child
242-25 younger than 17 years of age to engage in sexual conduct or a
242-26 sexual performance. A parent or legal guardian or custodian of a
242-27 child younger than 17 years of age commits an offense if he
243-1 consents to the participation by the child in a sexual performance.
243-2 (c) An offense under Subsection (b) <of this section> is a
243-3 felony of the second degree.
243-4 (d) A person commits an offense if, knowing the character
243-5 and content of the material, he produces, directs, or promotes a
243-6 performance that includes sexual conduct by a child younger than 17
243-7 years of age.
243-8 (e) An offense under Subsection (d) <of this section> is a
243-9 felony of the third degree.
243-10 (f) It is an affirmative defense to a prosecution under this
243-11 section that:
243-12 (1) the defendant, in good faith, reasonably believed
243-13 that the child who engaged in the sexual conduct was 17 years of
243-14 age or older;
243-15 (2) the defendant was the spouse of the child at the
243-16 time of the offense;
243-17 (3) the conduct was for a bona fide educational,
243-18 medical, psychological, psychiatric, judicial, law enforcement, or
243-19 legislative purpose; or
243-20 (4) the defendant is not more than two years older
243-21 than the child.
243-22 (g) When it becomes necessary for the purposes of this
243-23 section or Section 43.26 <of this code> to determine whether a
243-24 child who participated in sexual conduct was younger than 17 years
243-25 of age, the court or jury may make this determination by any of the
243-26 following methods:
243-27 (1) personal inspection of the child;
244-1 (2) inspection of the photograph or motion picture
244-2 that shows the child engaging in the sexual performance;
244-3 (3) oral testimony by a witness to the sexual
244-4 performance as to the age of the child based on the child's
244-5 appearance at the time;
244-6 (4) expert medical testimony based on the appearance
244-7 of the child engaging in the sexual performance; or
244-8 (5) any other method authorized by law or by the rules
244-9 of evidence at common law.
244-10 Sec. 43.251. EMPLOYMENT HARMFUL TO CHILDREN <MINORS>. (a)
244-11 In this section:
244-12 (1) "Child" means a person younger than 17 years of
244-13 age.
244-14 (2) "Massage" means the rubbing, kneading, tapping,
244-15 compression, vibration, application of friction, or percussion of
244-16 the human body or parts of it by hand or with an instrument or
244-17 apparatus.
244-18 (3) "Massage establishment" means a commercial
244-19 activity the primary business of which is the rendering of massage.
244-20 The term does not include the businesses of licensed physical
244-21 therapists, licensed athletic trainers, licensed cosmetologists, or
244-22 licensed barbers engaged in performing functions authorized by the
244-23 license held.
244-24 (4) "Nude" means a child who is:
244-25 (A) entirely unclothed; or
244-26 (B) clothed in a manner that leaves uncovered or
244-27 visible through less than fully opaque clothing any portion of the
245-1 breasts below the top of the areola of the breasts, if the child is
245-2 female, or any portion of the genitals or buttocks.
245-3 (5) "Sexually oriented commercial activity" means a
245-4 massage establishment, nude studio, modeling studio, love parlor,
245-5 or other similar commercial enterprise the primary business of
245-6 which is the offering of a service that is intended to provide
245-7 sexual stimulation or sexual gratification to the customer.
245-8 (6) "Topless" means a female child clothed in a manner
245-9 that leaves uncovered or visible through less than fully opaque
245-10 clothing any portion of her breasts below the top of the areola.
245-11 (b) A person commits an offense if the person employs,
245-12 authorizes, or induces a child to work:
245-13 (1) in a sexually oriented commercial activity; or
245-14 (2) in any place of business permitting, requesting,
245-15 or requiring a child to work nude or topless.
245-16 (c) An offense under this section is a Class A misdemeanor.
245-17 Sec. 43.26. Possession or Promotion of Child Pornography.
245-18 (a) A person commits an offense if:
245-19 (1) the person knowingly or intentionally possesses
245-20 material containing a film image that visually depicts a child
245-21 younger than 17 years of age at the time the film image of the
245-22 child was made who is engaging in sexual conduct; and
245-23 (2) the person knows that the material depicts the
245-24 child as described by Subdivision (1) <of this subsection>.
245-25 (b) In this section:
245-26 (1) "Film image" includes a photograph, slide,
245-27 negative, film, or videotape, or a reproduction of any of these.
246-1 (2) "Sexual conduct" has the meaning assigned by
246-2 Section 43.25 <of this code>.
246-3 (3) "Promote" has the meaning assigned by Section
246-4 43.25 <of this code>.
246-5 (c) The affirmative defenses provided by Section 43.25(f)
246-6 <of this code> also apply to a prosecution under this section.
246-7 (d) An offense under this section is a felony of the third
246-8 degree.
246-9 (e) A person commits an offense if:
246-10 (1) the person knowingly or intentionally promotes or
246-11 possesses with intent to promote material described by Subsection
246-12 (a)(1) <of this section>; and
246-13 (2) the person knows that the material depicts the
246-14 child as described by Subsection (a)(1) <of this section>.
246-15 (f) A person who possesses six or more identical film images
246-16 depicting a child as described by Subsection (a)(1) <of this
246-17 section> is presumed to possess the film images with the intent to
246-18 promote the material.
246-19 (g) An offense under Subsection (e) <of this section> is a
246-20 felony of the third degree.
246-21 TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS
246-22 CHAPTER 46. WEAPONS
246-23 Sec. 46.01. <CHAPTER> DEFINITIONS. In this chapter:
246-24 (1) "Club" means an instrument that is specially
246-25 designed, made, or adapted for the purpose of inflicting serious
246-26 bodily injury or death by striking a person with the instrument,
246-27 and includes but is not limited to the following:
247-1 (A) blackjack;
247-2 (B) nightstick;
247-3 (C) mace;
247-4 (D) tomahawk.
247-5 (2) "Explosive weapon" means any explosive or
247-6 incendiary bomb, grenade, rocket, or mine, that is designed, made,
247-7 or adapted for the purpose of inflicting serious bodily injury,
247-8 death, or substantial property damage, or for the principal purpose
247-9 of causing such a loud report as to cause undue public alarm or
247-10 terror, and includes a device designed, made, or adapted for
247-11 delivery or shooting an explosive weapon.
247-12 (3) "Firearm" means any device designed, made, or
247-13 adapted to expel a projectile through a barrel by using the energy
247-14 generated by an explosion or burning substance or any device
247-15 readily convertible to that use. Firearm does not include antique
247-16 or curio firearms that were manufactured prior to 1899 and that may
247-17 have, as an integral part, a folding knife blade or other
247-18 characteristics of weapons made illegal by this chapter.
247-19 (4) "Firearm silencer" means any device designed,
247-20 made, or adapted to muffle the report of a firearm.
247-21 (5) "Handgun" means any firearm that is designed,
247-22 made, or adapted to be fired with one hand.
247-23 (6) "Illegal knife" means a:
247-24 (A) knife with a blade over five and one-half
247-25 inches;
247-26 (B) <a> hand instrument designed to cut or stab
247-27 another by being thrown;
248-1 (C) dagger, including but not limited to a dirk,
248-2 stilletto, and poniard;
248-3 (D) bowie knife;
248-4 (E) sword; or
248-5 (F) spear.
248-6 (7) "Knife" means any bladed hand instrument that is
248-7 capable of inflicting serious bodily injury or death by cutting or
248-8 stabbing a person with the instrument.
248-9 (8) "Knuckles" means any instrument that consists of
248-10 finger rings or guards made of a hard substance and that is
248-11 designed, made, or adapted for the purpose of inflicting serious
248-12 bodily injury or death by striking a person with a fist enclosed in
248-13 the knuckles.
248-14 (9) "Machine gun" means any firearm that is capable of
248-15 shooting more than two shots automatically, without manual
248-16 reloading, by a single function of the trigger.
248-17 (10) "Short-barrel firearm" means a rifle with a
248-18 barrel length of less than 16 inches or a shotgun with a barrel
248-19 length of less than 18 inches, or any weapon made from a shotgun or
248-20 rifle if, as altered, it has an overall length of less than 26
248-21 inches.
248-22 (11) "Switchblade knife" means any knife that has a
248-23 blade that folds, closes, or retracts into the handle or sheath,
248-24 and that:
248-25 (A) opens automatically by pressure applied to a
248-26 button or other device located on the handle; or
248-27 (B) opens or releases a blade from the handle or
249-1 sheath by the force of gravity or by the application of centrifugal
249-2 force.
249-3 (12) "Armor-piercing ammunition" means handgun
249-4 ammunition that is designed primarily for the purpose of
249-5 penetrating metal or body armor and to be used principally in
249-6 pistols and revolvers.
249-7 (13) "Hoax bomb" means a device that:
249-8 (A) reasonably appears to be an explosive or
249-9 incendiary device; or
249-10 (B) by its design causes alarm or reaction of
249-11 any type by an official of a public safety agency or a volunteer
249-12 agency organized to deal with emergencies.
249-13 (14) "Chemical dispensing device" means a device,
249-14 other than a small chemical dispenser sold commercially for
249-15 personal protection, that is designed, made, or adapted for the
249-16 purpose of dispensing a substance capable of causing an adverse
249-17 psychological or physiological effect on a human being.
249-18 (15) "Racetrack" has the meaning assigned that term by
249-19 the Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes).
249-20 (16) "Zip gun" means a device or combination of
249-21 devices that was not originally a firearm and is adapted to expel a
249-22 projectile through a smooth-bore or rifled-bore barrel by using the
249-23 energy generated by an explosion or burning substance.
249-24 Sec. 46.02. Unlawful Carrying Weapons. (a) A person
249-25 commits an offense if he intentionally, knowingly, or recklessly
249-26 carries on or about his person a handgun, illegal knife, or club.
249-27 (b) It is a defense to prosecution under this section that
250-1 the actor was, at the time of the commission of the offense <Except
250-2 as provided in Subsection (c), an offense under this section is a
250-3 Class A misdemeanor.>
250-4 <(c) An offense under this section is a felony of the third
250-5 degree if it occurs on any premises licensed or issued a permit by
250-6 this state for the sale or service of alcoholic beverages.>
250-7 <Sec. 46.03. NON-APPLICABLE. (a) The provisions of Section
250-8 46.02 of this code do not apply to a person>:
250-9 (1) in the actual discharge of his official duties as
250-10 a member of the armed forces or state military forces as defined by
250-11 Section 431.001, Government Code, or as a guard employed by a penal
250-12 institution;
250-13 (2) on his own premises or premises under his control
250-14 unless he is an employee or agent of the owner of the premises and
250-15 his primary responsibility is to act in the capacity of a security
250-16 guard to protect persons or property, in which event he must comply
250-17 with Subdivision (5) <of this subsection>;
250-18 (3) traveling;
250-19 (4) engaging in lawful hunting, fishing, or other
250-20 sporting activity on the immediate premises where the activity is
250-21 conducted, or was directly en route between the premises and the
250-22 actor's residence, if the weapon is a type commonly used in the
250-23 activity;
250-24 (5) a person who holds a security officer commission
250-25 issued by the Texas Board of Private Investigators and Private
250-26 Security Agencies, if:
250-27 (A) he is engaged in the performance of his
251-1 duties as a security officer or traveling to and from his place of
251-2 assignment;
251-3 (B) he is wearing a distinctive uniform; and
251-4 (C) the weapon is in plain view; or
251-5 (6) <who is> a peace officer, other than a person
251-6 commissioned by the Texas State Board of Pharmacy.
251-7 (c) It is a defense to prosecution under this section for
251-8 the offense of carrying a club that the actor was, at the time of
251-9 the commission of the offense, <(b) The provision of Section 46.02
251-10 of this code prohibiting the carrying of a club does not apply to>
251-11 a noncommissioned security guard at an institution of higher
251-12 education who carried <carries> a nightstick or similar club, and
251-13 who had <has> undergone 15 hours of training in the proper use of
251-14 the club, including at least seven hours of training in the use of
251-15 the club for nonviolent restraint. For the purposes of this
251-16 section, "nonviolent restraint" means the use of reasonable force,
251-17 not intended and not likely to inflict bodily injury.
251-18 (d) It is a defense to prosecution under this section for
251-19 the offense of carrying a firearm or carrying a club that the actor
251-20 was, at the time of the commission of the offense, <(c) The
251-21 prohibition of carrying a handgun or club in Section 46.02 of this
251-22 code does not apply to> a public security officer employed by the
251-23 adjutant general under Section 431.029, Government Code, and was
251-24 performing <in performance of> official duties or <while> traveling
251-25 to or from a place of duty.
251-26 (e) Except as provided by Subsection (f), an offense under
251-27 this section is a Class A misdemeanor.
252-1 (f) An offense under this section is a felony of the third
252-2 degree if the offense is committed on any premises licensed or
252-3 issued a permit by this state for the sale of alcoholic beverages.
252-4 Sec. 46.03 <46.04>. Places Weapons Prohibited. (a) A
252-5 person commits an offense if, with a firearm, illegal knife, club,
252-6 or prohibited weapon listed in Section 46.05(a) <46.06(a) of this
252-7 code>, he intentionally, knowingly, or recklessly goes:
252-8 (1) on the premises of a school or an educational
252-9 institution, whether public or private, unless pursuant to written
252-10 regulations or written authorization of the institution;
252-11 (2) on the premises of a polling place on the day of
252-12 an election or while early voting is in progress;
252-13 (3) in any government court or offices utilized by the
252-14 court, unless pursuant to written regulations or written
252-15 authorization of the court; <or>
252-16 (4) on the premises of a racetrack; or
252-17 (5) into a secured area of an airport.
252-18 (b) It is a defense to prosecution under Subsections
252-19 (a)(1)-(4) that the actor possessed a firearm <under Subsection (a)
252-20 of this section> while in the actual discharge of his official
252-21 duties as a peace officer or a member of the armed forces or
252-22 national guard or a guard employed by a penal institution, or an
252-23 officer of the court.
252-24 (c) In this section "secured area" means an area of an
252-25 airport terminal building to which access is controlled by the
252-26 inspection of persons and property under federal law.
252-27 (d) It is a defense to prosecution under Subsection (a)(5)
253-1 that the actor possessed a firearm or club while traveling to or
253-2 from the actor's place of assignment or in the actual discharge of
253-3 duties as:
253-4 (1) a peace officer;
253-5 (2) a member of the armed forces or national guard;
253-6 (3) a guard employed by a penal institution; or
253-7 (4) a security officer commissioned by the Texas Board
253-8 of Private Investigators and Private Security Agencies if:
253-9 (A) the actor is wearing a distinctive uniform;
253-10 and
253-11 (B) the firearm or club is in plain view.
253-12 (e) It is a defense to prosecution under Subsection (a)(5)
253-13 that the actor checked all firearms as baggage in accordance with
253-14 federal or state law or regulations before entering a secured area.
253-15 (f) An offense under this section is a third degree felony.
253-16 Sec. 46.04 <46.05>. Unlawful Possession of Firearm by Felon.
253-17 (a) A person who has been convicted of a felony <involving an act
253-18 of violence or threatened violence to a person or property> commits
253-19 an offense if he possesses a firearm:
253-20 (1) after conviction and before the fifth anniversary
253-21 of the person's release from confinement following conviction of
253-22 the felony or the person's release from supervision under
253-23 probation, parole, or mandatory supervision, whichever date is
253-24 later; or
253-25 (2) after the period described by Subdivision (1), at
253-26 any location other than the premises at which the person lives
253-27 <away from the premises where he lives>.
254-1 (b) An offense under this section is a felony of the third
254-2 degree.
254-3 Sec. 46.05 <46.06>. Prohibited Weapons. (a) A person
254-4 commits an offense if he intentionally or knowingly possesses,
254-5 manufactures, transports, repairs, or sells:
254-6 (1) an explosive weapon;
254-7 (2) a machine gun;
254-8 (3) a short-barrel firearm;
254-9 (4) a firearm silencer;
254-10 (5) a switchblade knife;
254-11 (6) knuckles;
254-12 (7) armor-piercing ammunition;
254-13 (8) a chemical dispensing device; <or>
254-14 (9) a zip gun; or
254-15 (10) an illegal knife described by Section 46.01(6)(B)
254-16 or (C).
254-17 (b) It is a defense to prosecution under this section that
254-18 the actor's conduct was incidental to the performance of official
254-19 duty by the armed forces or national guard, a governmental law
254-20 enforcement agency, or a correctional facility <penal institution>.
254-21 (c) It is a defense to prosecution under this section that
254-22 the actor's possession was pursuant to registration pursuant to the
254-23 National Firearms Act, as amended.
254-24 (d) It is an affirmative defense to prosecution under this
254-25 section that the actor's conduct:
254-26 (1) was incidental to dealing with a switchblade
254-27 knife, springblade knife, or short-barrel firearm solely as an
255-1 antique or curio; or
255-2 (2) was incidental to dealing with armor-piercing
255-3 ammunition solely for the purpose of making the ammunition
255-4 available to an organization, agency, or institution listed in
255-5 Subsection (b) <of this section>.
255-6 (e) An offense under this section is a state jail felony <of
255-7 the second degree> unless it is committed under Subsection (a)(5)
255-8 or (a)(6) <of this section>, in which event, it is a Class A
255-9 misdemeanor.
255-10 Sec. 46.06 <46.07>. Unlawful Transfer of Certain Weapons.
255-11 (a) A person commits an offense if he:
255-12 (1) sells, rents, leases, loans, or gives a handgun to
255-13 any person knowing that the person to whom the handgun is to be
255-14 delivered intends to use it unlawfully or in the commission of an
255-15 unlawful act;
255-16 (2) intentionally or knowingly sells, rents, leases,
255-17 or gives or offers to sell, rent, lease, or give to any child
255-18 younger than 18 years any firearm, club, or illegal knife <or any
255-19 martial arts throwing stars>; <or>
255-20 (3) intentionally, knowingly, or recklessly sells a
255-21 firearm or ammunition for a firearm to any person who is
255-22 intoxicated; or
255-23 (4) knowingly sells a firearm or ammunition for a
255-24 firearm to any person who has been convicted of a felony before the
255-25 fifth anniversary of the later of the following dates:
255-26 (A) the person's release from confinement
255-27 following conviction of the felony; or
256-1 (B) the person's release from supervision under
256-2 community supervision, parole, or mandatory supervision following
256-3 conviction of the felony.
256-4 (b) For purposes of this section, "intoxicated" means
256-5 substantial impairment of mental or physical capacity resulting
256-6 from introduction of any substance into the body.
256-7 (c) It is an affirmative defense to prosecution under
256-8 Subsection (a)(2) <of this section> that the transfer was to a
256-9 minor whose parent or the person having legal custody of the minor
256-10 had given written permission for the sale or, if the transfer was
256-11 other than a sale, the parent or person having legal custody had
256-12 given effective consent.
256-13 (d) An offense under this section is a Class A misdemeanor.
256-14 Sec. 46.07 <46.08>. Interstate Purchase. A resident of this
256-15 state may, if not otherwise precluded by law, purchase firearms,
256-16 ammunition, reloading components, or firearm accessories in
256-17 contiguous states. This authorization is enacted in conformance
256-18 with Section 922(b)(3)(A), Public Law 90-618, 90th Congress.
256-19 Sec. 46.08 <46.09>. Hoax Bombs. (a) A person commits an
256-20 offense if the person knowingly manufactures, sells, purchases,
256-21 transports, or possesses a hoax bomb with intent to use the hoax
256-22 bomb to:
256-23 (1) make another believe that the hoax bomb is an
256-24 explosive or incendiary device; or
256-25 (2) cause alarm or reaction of any type by an official
256-26 of a public safety agency or volunteer agency organized to deal
256-27 with emergencies.
257-1 (b) An offense under this section is a Class A misdemeanor.
257-2 Sec. 46.09 <46.10>. Components of Explosives. (a) A person
257-3 commits an offense if the person knowingly possesses components of
257-4 an explosive weapon with the intent to combine the components into
257-5 an explosive weapon for use in a criminal endeavor.
257-6 (b) An offense under this section is a state jail felony <of
257-7 the third degree>.
257-8 Sec. 46.10 <46.11>. Deadly Weapon in Penal Institution. (a)
257-9 A person commits an offense if, while confined in a penal
257-10 institution, he intentionally, knowingly, or recklessly:
257-11 (1) carries on or about his person a deadly weapon; or
257-12 (2) possesses or conceals a deadly weapon in the penal
257-13 institution.
257-14 (b) It is an affirmative defense to prosecution under this
257-15 section that at the time of the offense the actor was engaged in
257-16 conduct authorized by an employee of the penal institution.
257-17 (c) A person who is subject to prosecution under both this
257-18 section and another section under this chapter may be prosecuted
257-19 under either section.
257-20 (d) An offense under this section is a felony of the third
257-21 degree.
257-22 <Sec. 46.12. UNLAWFUL CARRYING OF WEAPONS AT AIRPORT.
257-23 (a) A person commits an offense if the person intentionally,
257-24 knowingly, or recklessly enters a secured area of an airport with a
257-25 handgun or other firearm capable of being concealed on the person,
257-26 illegal knife, or club.>
257-27 <(b) In this section "secured area" means an area of an
258-1 airport terminal building to which access is controlled by the
258-2 inspection of persons and property under federal law.>
258-3 <(c) It is a defense to prosecution that the actor possessed
258-4 a firearm or club while traveling to or from the actor's place of
258-5 assignment or in the actual discharge of duties as:>
258-6 <(1) a peace officer;>
258-7 <(2) a member of the armed forces or national guard;>
258-8 <(3) a guard employed by a penal institution; or>
258-9 <(4) a security officer commissioned by the Texas
258-10 Board of Private Investigators and Private Security Agencies if:>
258-11 <(A) the actor is wearing a distinctive uniform;
258-12 and>
258-13 <(B) the firearm or club is in plain view.>
258-14 <(d) It is a defense to prosecution that the actor checked
258-15 all firearms as baggage in accordance with federal or state law or
258-16 regulations before entering a secured area.>
258-17 <(e) An offense under this section is a Class A
258-18 misdemeanor.>
258-19 CHAPTER 47. GAMBLING
258-20 Sec. 47.01. Definitions. In this chapter:
258-21 (1) "Bet" means an agreement <that, dependent on
258-22 chance even though accompanied by some skill, one stands> to win or
258-23 lose something of value solely or partially by chance. A bet does
258-24 not include:
258-25 (A) contracts of indemnity or guaranty, or life,
258-26 health, property, or accident insurance;
258-27 (B) an offer of a prize, award, or compensation
259-1 to the actual contestants in a bona fide contest for the
259-2 determination of skill, speed, strength, or endurance or to the
259-3 owners of animals, vehicles, watercraft, or aircraft entered in a
259-4 contest; or
259-5 (C) an offer of merchandise, with a value not
259-6 greater than $25, made by the proprietor of a bona fide carnival
259-7 contest conducted at a carnival sponsored by a nonprofit religious,
259-8 fraternal, school, law enforcement, youth, agricultural, or civic
259-9 group, including any nonprofit agricultural or civic group
259-10 incorporated by the state before 1955, if the person to receive the
259-11 merchandise from the proprietor is the person who performs the
259-12 carnival contest<; or>
259-13 <(D) an offer of merchandise, with a value not
259-14 greater than $25, made by the proprietor of a bona fide carnival
259-15 contest conducted at a carnival sponsored by a nonprofit
259-16 agricultural or civic group incorporated by the State of Texas
259-17 prior to 1955>.
259-18 (2) "Bookmaking" means:
259-19 (A) to receive and record or to forward more
259-20 than five bets or offers to bet in a period of 24 hours;
259-21 (B) to receive and record or to forward bets or
259-22 offers to bet totaling more than $1,000 in a period of 24 hours; or
259-23 (C) a scheme by three or more persons to
259-24 receive, record, or forward a bet or an offer to bet.
259-25 (3) "Gambling place" means any real estate, building,
259-26 room, tent, vehicle, boat, or other property whatsoever, one of the
259-27 uses of which is the making or settling of bets, bookmaking <the
260-1 receiving, holding, recording, or forwarding of bets or offers to
260-2 bet>, or the conducting of a lottery or the playing of gambling
260-3 devices.
260-4 (4) <(3)> "Gambling device" means any contrivance that
260-5 for a consideration affords the player an opportunity to obtain
260-6 anything of value, the award of which is determined solely or
260-7 partially by chance, <even though accompanied by some skill,>
260-8 whether or not the prize is automatically paid by the contrivance.
260-9 (5) <(4)> "Altered gambling equipment" means any
260-10 contrivance that has been altered in some manner, including, but
260-11 not limited to, shaved dice, loaded dice, magnetic dice, mirror
260-12 rings, electronic sensors, shaved cards, marked cards, and any
260-13 other equipment altered or <and> designed to enhance the actor's
260-14 chances of winning.
260-15 (6) <(5)> "Gambling paraphernalia" means any book,
260-16 instrument, or apparatus by means of which bets have been or may be
260-17 recorded or registered; any record, ticket, certificate, bill,
260-18 slip, token, writing, scratch sheet, or other means of carrying on
260-19 bookmaking, wagering pools, lotteries, numbers, policy, or similar
260-20 games.
260-21 (7) <(6)> "Lottery" means any scheme or procedure
260-22 whereby one or more prizes are distributed by chance among persons
260-23 who have paid or promised consideration for a chance to win
260-24 anything of value, whether such scheme or procedure is called a
260-25 pool, lottery, raffle, gift, gift enterprise, sale, policy game, or
260-26 some other name.
260-27 (8) <(7)> "Private place" means a place to which the
261-1 public does not have access, and excludes, among other places,
261-2 streets, highways, restaurants, taverns, nightclubs, schools,
261-3 hospitals, and the common areas of apartment houses, hotels,
261-4 motels, office buildings, transportation facilities, and shops.
261-5 (9) <(8)> "Thing of value" means any benefit, but does
261-6 not include an unrecorded and immediate right of replay not
261-7 exchangeable for value.
261-8 Sec. 47.02. Gambling. (a) A person commits an offense if
261-9 he:
261-10 (1) makes a bet on the partial or final result of a
261-11 game or contest or on the performance of a participant in a game or
261-12 contest;
261-13 (2) makes a bet on the result of any political
261-14 nomination, appointment, or election or on the degree of success of
261-15 any nominee, appointee, or candidate; or
261-16 (3) plays and bets for money or other thing of value
261-17 at any game played with cards, dice, <or> balls, or any other
261-18 gambling device.
261-19 (b) It is a defense to prosecution under this section that:
261-20 (1) the actor engaged in gambling in a private place;
261-21 (2) no person received any economic benefit other than
261-22 personal winnings; and
261-23 (3) except for the advantage of skill or luck, the
261-24 risks of losing and the chances of winning were the same for all
261-25 participants.
261-26 (c) It is a defense to prosecution under this section that
261-27 the actor reasonably believed that the conduct:
262-1 (1) was permitted under the Bingo Enabling Act
262-2 (Article 179d, Vernon's Texas Civil Statutes);
262-3 (2) was permitted under the Charitable Raffle Enabling
262-4 Act (Article 179f, Revised Statutes); <or>
262-5 (3) consisted entirely of participation in the state
262-6 lottery authorized by the State Lottery Act (Article 179g, Vernon's
262-7 Texas Civil Statutes); or
262-8 (4) was permitted under the Texas Racing Act (Article
262-9 179e, Vernon's Texas Civil Statutes).
262-10 (d) An offense under this section is a Class C misdemeanor.
262-11 Sec. 47.03. Gambling Promotion. (a) A person commits an
262-12 offense if he intentionally or knowingly does any of the following
262-13 acts:
262-14 (1) operates or participates in the earnings of a
262-15 gambling place;
262-16 (2) engages in bookmaking;
262-17 (3) for gain, becomes a custodian of anything of value
262-18 bet or offered to be bet;
262-19 (4) sells chances on the partial or final result of or
262-20 on the margin of victory in any game or contest or on the
262-21 performance of any participant in any game or contest or on the
262-22 result of any political nomination, appointment, or election or on
262-23 the degree of success of any nominee, appointee, or candidate; or
262-24 (5) for gain, sets up or promotes any lottery or sells
262-25 or offers to sell or knowingly possesses for transfer, or transfers
262-26 any card, stub, ticket, check, or other device designed to serve as
262-27 evidence of participation in any lottery.
263-1 (b) <In this section "bookmaking" means:>
263-2 <(1) the receiving and recording of or the forwarding
263-3 of more than five bets or offers to bet in one 24-hour period;>
263-4 <(2) the receiving and recording of or the forwarding
263-5 of bets or offers to bet totalling more than $1,000 in one 24-hour
263-6 period; or>
263-7 <(3) a scheme by three or more persons to receive,
263-8 record, or forward bets or offers to bet.>
263-9 <(c)> An offense under this section is a Class A misdemeanor
263-10 <felony of the third degree>.
263-11 Sec. 47.04. Keeping a Gambling Place. (a) A person commits
263-12 an offense if he knowingly uses or permits another to use as a
263-13 gambling place any real estate, building, room, tent, vehicle,
263-14 boat, or other property whatsoever owned by him or under his
263-15 control, or rents or lets any such property with a view or
263-16 expectation that it be so used.
263-17 (b) It is an affirmative defense to prosecution under this
263-18 section that:
263-19 (1) the <actor engaged in> gambling occurred in a
263-20 private place;
263-21 (2) no person received any economic benefit other than
263-22 personal winnings; and
263-23 (3) except for the advantage of skill or luck, the
263-24 risks of losing and the chances of winning were the same for all
263-25 participants.
263-26 (c) <It is an affirmative defense to prosecution under this
263-27 section that the gambling place is aboard an ocean-going vessel
264-1 that enters the territorial waters of this state to call at a port
264-2 in this state if:>
264-3 <(1) before the vessel enters the territorial waters
264-4 of this state, the district attorney or, if there is no district
264-5 attorney, the county attorney for the county in which the port is
264-6 located receives notice of the existence of the gambling place on
264-7 board the vessel and of the anticipated dates on which the vessel
264-8 will enter and leave the territorial waters of this state;>
264-9 <(2) the portion of the vessel that is used as a
264-10 gambling place is locked or otherwise physically secured in a
264-11 manner that makes the area inaccessible to anyone other than the
264-12 master and crew of the vessel at all times while the vessel is in
264-13 the territorial waters of this state;>
264-14 <(3) no person other than the master and crew of the
264-15 vessel is permitted to enter or view the gambling place while the
264-16 vessel is in the territorial waters of this state; and>
264-17 <(4) the gambling place is not used for gambling or
264-18 other gaming purposes while the vessel is in the territorial waters
264-19 of this state.>
264-20 <(d)> An offense under this section is a Class A misdemeanor
264-21 <felony of the third degree>.
264-22 Sec. 47.05. Communicating Gambling Information. (a) A
264-23 person commits an offense if, with the intent to further gambling,
264-24 he knowingly communicates information as to bets, betting odds, or
264-25 changes in betting odds or he knowingly provides, installs, or
264-26 maintains equipment for the transmission or receipt of such
264-27 information.
265-1 (b) It is an exception to the application of Subsection (a)
265-2 that the information communicated is intended for use in placing a
265-3 lawful wager under Article 11, Texas Racing Act (Article 179e,
265-4 Vernon's Texas Civil Statutes), and is not communicated in
265-5 violation of Section 14.01 of that Act.
265-6 (c) An offense under this section is a Class A misdemeanor
265-7 <felony of the third degree>.
265-8 Sec. 47.06. POSSESSION OF GAMBLING DEVICE, <OR> EQUIPMENT,
265-9 OR PARAPHERNALIA. (a) A person commits an offense if, with the
265-10 intent to further gambling, he knowingly owns, manufactures,
265-11 transfers, or possesses any gambling device that he knows is
265-12 designed for gambling purposes or any equipment that he knows is
265-13 designed as a subassembly or essential part of a gambling device.
265-14 (b) A person commits an offense if, with the intent to
265-15 further gambling, he knowingly owns, manufactures, transfers
265-16 commercially, or possesses any altered gambling equipment that he
265-17 knows is designed for gambling purposes or any equipment that he
265-18 knows is designed as a subassembly or essential part of such
265-19 device.
265-20 (c) A person commits an offense if, with the intent to
265-21 further gambling, the person knowingly owns, manufactures,
265-22 transfers commercially, or possesses gambling paraphernalia.
265-23 (d) It is a defense to prosecution under Subsections (a) and
265-24 (c) that:
265-25 (1) the device, equipment, or paraphernalia is used
265-26 for or is intended for use in gambling that is to occur entirely in
265-27 a private place;
266-1 (2) a person involved in the gambling does not receive
266-2 any economic benefit other than personal winnings; and
266-3 (3) except for the advantage of skill or luck, the
266-4 chance of winning is the same for all participants. <It is an
266-5 affirmative defense to prosecution under this section that the
266-6 device or equipment is aboard an ocean-going vessel that enters the
266-7 territorial waters of this state to call at a port in this state
266-8 if:>
266-9 <(1) before the vessel enters the territorial waters
266-10 of this state, the district attorney or, if there is no district
266-11 attorney, the county attorney for the county in which the port is
266-12 located receives notice of the existence of the device or equipment
266-13 on board the vessel and of the anticipated dates on which the
266-14 vessel will enter and leave the territorial waters of this state;>
266-15 <(2) the portion of the vessel in which the device or
266-16 equipment is located is locked or otherwise physically secured in a
266-17 manner that makes the area inaccessible to anyone other than the
266-18 master and crew of the vessel at all times while the vessel is in
266-19 the territorial waters of this state;>
266-20 <(3) no person other than the master and crew of the
266-21 vessel is permitted to enter or view the portion of the vessel in
266-22 which the device or equipment is located while the vessel is in the
266-23 territorial waters of this state; and>
266-24 <(4) the device or equipment is not used for gambling
266-25 or other gaming purposes while the vessel is in the territorial
266-26 waters of this state.>
266-27 <(d) It is a defense to prosecution under this section that
267-1 the gambling device is 15 years old or older and not used for
267-2 gambling, gambling promotion, or keeping a gambling place under
267-3 Sections 47.02, 47.03, and 47.04, respectively, of this code, and
267-4 that the party possessing same:>
267-5 <(1) within 30 days after coming into possession of
267-6 same or the effective date of this amendment, whichever last
267-7 occurs, furnished the following information to the sheriff of the
267-8 county wherein such device is to be maintained:>
267-9 <(A) the name and address of the party
267-10 possessing same;>
267-11 <(B) the name of the manufacturer, date of
267-12 manufacture, and serial number of the device, if available; and>
267-13 <(2) within 30 days of the transfer of such device
267-14 advises the sheriff of the county to whom the information provided
267-15 for in item (1) above was furnished of the name and address of the
267-16 transferee.>
267-17 (e) An offense under this section is a Class A misdemeanor
267-18 <felony of the third degree>.
267-19 (f) It is a defense to prosecution under Subsection (a) or
267-20 (c) <of this section> that the person owned, manufactured,
267-21 transferred, or possessed the gambling device, <or> equipment, or
267-22 paraphernalia for the sole purpose of shipping it to another
267-23 jurisdiction where the possession or use of the device, <or>
267-24 equipment, or paraphernalia was legal.
267-25 (g) A district or county attorney is not required to have a
267-26 search warrant or subpoena to inspect a gambling device or gambling
267-27 equipment or paraphernalia on an ocean-going vessel that enters the
268-1 territorial waters of this state to call at a port in this state
268-2 <It is a defense to prosecution for an offense under this chapter
268-3 that the conduct was authorized, directly or indirectly, by the
268-4 State Lottery Act, the lottery division in the office of the
268-5 comptroller, the comptroller, or the director of the lottery
268-6 division>.
268-7 Sec. 47.07. <POSSESSION OF GAMBLING PARAPHERNALIA. (a) A
268-8 person commits an offense if, with the intent to further gambling,
268-9 he knowingly owns, manufactures, transfers commercially, or
268-10 possesses gambling paraphernalia.>
268-11 <(b) It is an affirmative defense to prosecution under this
268-12 section that the gambling paraphernalia is aboard an ocean-going
268-13 vessel that enters the territorial waters of this state to call at
268-14 a port in this state if:>
268-15 <(1) before the vessel enters the territorial waters
268-16 of this state, the district attorney or, if there is no district
268-17 attorney, the county attorney for the county in which the port is
268-18 located receives notice of the existence of the gambling
268-19 paraphernalia on board the vessel and of the anticipated dates on
268-20 which the vessel will enter and leave the territorial waters of
268-21 this state;>
268-22 <(2) the portion of the vessel in which the gambling
268-23 paraphernalia is located is locked or otherwise physically secured
268-24 in a manner that makes the area inaccessible to anyone other than
268-25 the master and crew of the vessel at all times while the vessel is
268-26 in the territorial waters of this state;>
268-27 <(3) no person other than the master and crew of the
269-1 vessel is permitted to enter or view the portion of the vessel in
269-2 which the gambling paraphernalia is located while the vessel is in
269-3 the territorial waters of this state; and>
269-4 <(4) the gambling paraphernalia is not used for
269-5 gambling or other gaming purposes while the vessel is in the
269-6 territorial waters of this state.>
269-7 <(c) An offense under this section is a Class A misdemeanor.>
269-8 <(d) The district or county attorney shall not be required
269-9 to have a search warrant or subpoena to enter the vessel to inspect
269-10 the gambling paraphernalia.>
269-11 <(e) It is a defense to prosecution under this section that
269-12 the person owned, manufactured, transferred commercially, or
269-13 possessed the gambling paraphernalia for the sole purpose of
269-14 shipping it to another jurisdiction where the possession or use of
269-15 the paraphernalia was legal.>
269-16 <Sec. 47.08.> Evidence. <(a) Proof that an actor
269-17 communicated gambling information or possessed a gambling device,
269-18 equipment, or paraphernalia is prima facie evidence that the actor
269-19 did so knowingly and with the intent to further gambling.>
269-20 <(b)> In any prosecution under this chapter in which it is
269-21 relevant to prove the occurrence of a sporting event, a published
269-22 report of its occurrence in a daily newspaper, magazine, or other
269-23 periodically printed publication of general circulation shall be
269-24 admissible in evidence and is prima facie evidence that the event
269-25 occurred.
269-26 Sec. 47.08 <47.09>. Testimonial Immunity. (a) A party to
269-27 an offense under this chapter may be required to furnish evidence
270-1 or testify about the offense.
270-2 (b) A party to an offense under this chapter may not be
270-3 prosecuted for any offense about which he is required to furnish
270-4 evidence or testify, and the evidence and testimony may not be used
270-5 against the party in any adjudicatory proceeding except a
270-6 prosecution for aggravated perjury.
270-7 (c) For purposes of this section, "adjudicatory proceeding"
270-8 means a proceeding before a court or any other agency of government
270-9 in which the legal rights, powers, duties, or privileges of
270-10 specified parties are determined.
270-11 (d) A conviction under this chapter may be had upon the
270-12 uncorroborated testimony of a party to the offense.
270-13 Sec. 47.09. OTHER DEFENSES. (a) It is a defense to
270-14 prosecution under this chapter that the conduct:
270-15 (1) was authorized under:
270-16 (A) the Bingo Enabling Act (Article 179d,
270-17 Vernon's Texas Civil Statutes);
270-18 (B) the Texas Racing Act (Article 179e, Vernon's
270-19 Texas Civil Statutes); or
270-20 (C) the Charitable Raffle Enabling Act (Article
270-21 179f, Revised Statutes);
270-22 (2) consisted entirely of participation in the state
270-23 lottery authorized by the State Lottery Act (Article 179g, Vernon's
270-24 Texas Civil Statutes); or
270-25 (3) was a necessary incident to the operation of the
270-26 state lottery and was directly or indirectly authorized by the:
270-27 (A) State Lottery Act;
271-1 (B) lottery division of the comptroller's
271-2 office;
271-3 (C) comptroller; or
271-4 (D) director of the lottery division.
271-5 (b) It is an affirmative defense to prosecution under
271-6 Sections 47.04, 47.06(a), and 47.06(c) that the gambling device,
271-7 equipment, or paraphernalia is aboard an ocean-going vessel that
271-8 enters the territorial waters of this state to call at a port in
271-9 this state if:
271-10 (1) before the vessel enters the territorial waters of
271-11 this state, the district attorney or, if there is no district
271-12 attorney, the county attorney for the county in which the port is
271-13 located receives notice of the existence of the device, equipment,
271-14 or paraphernalia on board the vessel and of the anticipated dates
271-15 on which the vessel will enter and leave the territorial waters of
271-16 this state;
271-17 (2) the portion of the vessel in which the device,
271-18 equipment, or paraphernalia is located is locked or otherwise
271-19 physically secured in a manner that makes the area inaccessible to
271-20 anyone other than the master and crew of the vessel at all times
271-21 while the vessel is in the territorial waters of this state;
271-22 (3) no person other than the master and crew of the
271-23 vessel is permitted to enter or view the portion of the vessel in
271-24 which the device, equipment, or paraphernalia is located while the
271-25 vessel is in the territorial waters of this state; and
271-26 (4) the device, equipment, or paraphernalia is not
271-27 used for gambling or other gaming purposes while the vessel is in
272-1 the territorial waters of this state.
272-2 Sec. 47.10. <BINGO. It is a defense to prosecution for an
272-3 offense under this chapter that the conduct was authorized under
272-4 the Bingo Enabling Act.>
272-5 <Sec. 47.11. PARI-MUTUEL WAGERING ON CERTAIN RACES. It is a
272-6 defense to prosecution for an offense under this chapter that the
272-7 conduct was authorized under the Texas Racing Act.>
272-8 <Sec. 47.12. RAFFLE BY NONPROFIT ORGANIZATION. It is a
272-9 defense to prosecution under this chapter that the conduct was
272-10 authorized by the Charitable Raffle Enabling Act (Article 179f,
272-11 Revised Statutes).>
272-12 <Sec. 47.13.> American Documentation of Vessel Required. If
272-13 18 U.S.C. Section 1082 is repealed, the affirmative defenses
272-14 provided by Section 47.09(b) <Sections 47.04(c), 47.06(c), and
272-15 47.07(b) of this code> apply only if the vessel is documented under
272-16 the laws of the United States.
272-17 <Sec. 47.14. STATE LOTTERY. It is a defense to prosecution
272-18 for an offense under this chapter that the conduct:>
272-19 <(1) consisted entirely of participation in the state
272-20 lottery authorized by the State Lottery Act; or>
272-21 <(2) was a necessary incident to the operation of the
272-22 state lottery and was authorized, directly or indirectly, by the
272-23 State Lottery Act, the lottery division in the office of the
272-24 comptroller, the comptroller, or the director of the lottery
272-25 division.>
272-26 CHAPTER 48. CONDUCT AFFECTING PUBLIC HEALTH
272-27 Sec. 48.01. Smoking Tobacco. (a) A person commits an
273-1 offense if he is in possession of a burning tobacco product or
273-2 smokes tobacco in a facility of a public primary or secondary
273-3 school or an elevator, enclosed theater or movie house, library,
273-4 museum, hospital, transit system bus, or intrastate bus, as defined
273-5 by Section 4(b) of the Uniform Act Regulating Traffic on Highways
273-6 (Article 6701d, Vernon's Texas Civil Statutes), plane, or train
273-7 which is a public place.
273-8 (b) It is a defense to prosecution under this section that
273-9 the conveyance or public place in which the offense takes place
273-10 does not have prominently displayed a reasonably sized notice that
273-11 smoking is prohibited by state law in such conveyance or public
273-12 place and that an offense is punishable by a fine not to exceed
273-13 $500.
273-14 (c) All conveyances and public places set out in Subsection
273-15 (a) of Section 48.01 shall be equipped with facilities for
273-16 extinguishment of smoking materials and it shall be a defense to
273-17 prosecution under this section if the conveyance or public place
273-18 within which the offense takes place is not so equipped.
273-19 (d) It is an exception to the application of Subsection (a)
273-20 if the person is in possession of the burning tobacco product or
273-21 smokes tobacco exclusively within an area designated for smoking
273-22 tobacco or as a participant in an authorized theatrical
273-23 performance.
273-24 (e) An area designated for smoking tobacco on a transit
273-25 system bus or intrastate plane or train must also include the area
273-26 occupied by the operator of the transit system bus, plane, or
273-27 train.
274-1 (f) An offense under this section is punishable as a Class C
274-2 misdemeanor.
274-3 Sec. 48.02. Prohibition of the Purchase and Sale of Human
274-4 Organs. (a) "Human organ" means the human kidney, liver, heart,
274-5 lung, pancreas, eye, bone, skin, fetal tissue, or any other human
274-6 organ or tissue, but does not include hair or blood, blood
274-7 components (including plasma), blood derivatives, or blood
274-8 reagents.
274-9 (b) A person commits an offense if he or she knowingly or
274-10 intentionally offers to buy, offers to sell, acquires, receives,
274-11 sells, or otherwise transfers any human organ for valuable
274-12 consideration.
274-13 (c) It is an exception to the application of this section
274-14 that the valuable consideration is: (1) a fee paid to a physician
274-15 or to other medical personnel for services rendered in the usual
274-16 course of medical practice or a fee paid for hospital or other
274-17 clinical services; (2) reimbursement of legal or medical expenses
274-18 incurred for the benefit of the ultimate receiver of the organ; or
274-19 (3) reimbursement of expenses of travel, housing, and lost wages
274-20 incurred by the donor of a human organ in connection with the
274-21 donation of the organ.
274-22 (d) A violation of this section is a Class A misdemeanor
274-23 <felony of the third degree>.
274-24 CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
274-25 Sec. 49.01. DEFINITIONS. In this chapter:
274-26 (1) "Alcohol concentration" means the number of grams
274-27 of alcohol per:
275-1 (A) 210 liters of breath;
275-2 (B) 100 milliliters of blood; or
275-3 (C) 67 milliliters of urine.
275-4 (2) "Intoxicated" means:
275-5 (A) not having the normal use of mental or
275-6 physical faculties by reason of the introduction of alcohol, a
275-7 controlled substance, a drug, a dangerous drug, a combination of
275-8 two or more of those substances, or any other substance into the
275-9 body; or
275-10 (B) having an alcohol concentration of 0.10 or
275-11 more.
275-12 (3) "Motor vehicle" has the meaning assigned by
275-13 Section 32.34(a).
275-14 (4) "Watercraft" means a vessel, one or more water
275-15 skis, an aquaplane, or another device used for transporting or
275-16 carrying a person on water, other than a device propelled only by
275-17 the current of water.
275-18 Sec. 49.02. PUBLIC INTOXICATION. (a) A person commits an
275-19 offense if the person appears in a public place while intoxicated
275-20 to the degree that the person may endanger the person or another.
275-21 (b) It is a defense to prosecution under this section that
275-22 the alcohol or other substance was administered for therapeutic
275-23 purposes and as a part of the person's professional medical
275-24 treatment by a licensed physician.
275-25 (c) An offense under this section is a Class C misdemeanor.
275-26 (d) An offense under this section is not a lesser included
275-27 offense under Section 49.04.
276-1 Sec. 49.03. CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE
276-2 IN MOTOR VEHICLE. (a) A person commits an offense if the person
276-3 consumes an alcoholic beverage while operating a motor vehicle in a
276-4 public place and is observed doing so by a peace officer.
276-5 (b) An offense under this section is a Class C misdemeanor.
276-6 Sec. 49.04. DRIVING WHILE INTOXICATED. (a) A person
276-7 commits an offense if the person is intoxicated while driving or
276-8 operating a motor vehicle in a public place.
276-9 (b) Except as provided by Subsection (c) and Section 49.09,
276-10 an offense under this section is a Class B misdemeanor, with a
276-11 minimum term of confinement of 72 hours.
276-12 (c) If it is shown on the trial of an offense under this
276-13 section that at the time of the offense the person driving or
276-14 operating the motor vehicle had an open container of alcohol in the
276-15 person's immediate possession, the offense is a Class B
276-16 misdemeanor, with a minimum term of confinement of six days.
276-17 Sec. 49.05. FLYING WHILE INTOXICATED. (a) A person commits
276-18 an offense if the person is intoxicated while operating an
276-19 aircraft.
276-20 (b) Except as provided by Section 49.09, an offense under
276-21 this section is a Class B misdemeanor, with a minimum term of
276-22 confinement of 72 hours.
276-23 Sec. 49.06. BOATING WHILE INTOXICATED. (a) A person
276-24 commits an offense if the person is intoxicated while operating a
276-25 watercraft.
276-26 (b) Except as provided by Section 49.09, an offense under
276-27 this section is a Class B misdemeanor, with a minimum term of
277-1 confinement of 72 hours.
277-2 Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an
277-3 offense if the person, by accident or mistake, while operating an
277-4 aircraft, watercraft, or motor vehicle in a public place while
277-5 intoxicated, by reason of that intoxication causes serious bodily
277-6 injury to another.
277-7 (b) In this section, "serious bodily injury" means injury
277-8 that creates a substantial risk of death or that causes serious
277-9 permanent disfigurement or protracted loss or impairment of the
277-10 function of any bodily member or organ.
277-11 (c) An offense under this section is a felony of the third
277-12 degree.
277-13 Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) A person
277-14 commits an offense if the person:
277-15 (1) operates a motor vehicle in a public place, an
277-16 aircraft, or a watercraft; and
277-17 (2) is intoxicated and by reason of that intoxication
277-18 causes the death of another by accident or mistake.
277-19 (b) An offense under this section is a felony of the second
277-20 degree.
277-21 Sec. 49.09. ENHANCED OFFENSES AND PENALTIES. (a) If it is
277-22 shown on the trial of an offense under Section 49.04, 49.05, or
277-23 49.06 that the person has previously been convicted one time of an
277-24 offense relating to the driving or operating of a motor vehicle
277-25 while intoxicated, an offense of operating an aircraft while
277-26 intoxicated, or an offense of operating a watercraft while
277-27 intoxicated, the offense is a Class A misdemeanor, with a minimum
278-1 term of confinement of 15 days.
278-2 (b) If it is shown on the trial of an offense under Section
278-3 49.04, 49.05, or 49.06 that the person has previously been
278-4 convicted two times of an offense relating to the driving or
278-5 operating of a motor vehicle while intoxicated, an offense of
278-6 operating an aircraft while intoxicated, or an offense of operating
278-7 a watercraft while intoxicated, the offense is a felony of the
278-8 third degree.
278-9 (c) For the purposes of this section:
278-10 (1) "Offense relating to the driving or operating of a
278-11 motor vehicle while intoxicated" means:
278-12 (A) an offense under Section 49.04;
278-13 (B) an offense under Article 6701l-1, Revised
278-14 Statutes, as that law existed before January 1, 1984;
278-15 (C) an offense under Article 6701l-2, Revised
278-16 Statutes, as that law existed before January 1, 1984; or
278-17 (D) an offense under the laws of another state
278-18 that prohibit the operation of a motor vehicle while intoxicated.
278-19 (2) "Offense of operating an aircraft while
278-20 intoxicated" means:
278-21 (A) an offense under Section 49.05;
278-22 (B) an offense under Section 1, Chapter 46, Acts
278-23 of the 58th Legislature, Regular Session, 1963 (Article 46f-3,
278-24 Vernon's Texas Civil Statutes), as that law existed before
278-25 September 1, 1994; or
278-26 (C) an offense under the laws of another state
278-27 that prohibit the operation of an aircraft while intoxicated.
279-1 (3) "Offense of operating a watercraft while
279-2 intoxicated" means:
279-3 (A) an offense under Section 49.06;
279-4 (B) an offense under Section 31.097, Parks and
279-5 Wildlife Code, as that law existed before September 1, 1994; or
279-6 (C) an offense under the laws of another state
279-7 that prohibit the operation of a watercraft while intoxicated.
279-8 (d) For the purposes of this section, a conviction for an
279-9 offense under Section 49.04, 49.05, or 49.06 that occurs on or
279-10 after September 1, 1994, is a final conviction, whether the
279-11 sentence for the conviction is imposed or probated.
279-12 (e) A conviction may not be used for purposes of enhancement
279-13 under this section if:
279-14 (1) the conviction was a final conviction under
279-15 Subsection (e) of this section and was for an offense committed
279-16 more than 10 years before the offense for which the person is being
279-17 tried was committed; and
279-18 (2) the person has not been convicted of an offense
279-19 under Section 49.04, 49.05, or 49.06 committed within 10 years
279-20 before the date on which the offense for which the person is being
279-21 tried was committed.
279-22 Sec. 49.10. NO DEFENSE. In a prosecution under Section
279-23 49.03, 49.04, 49.05, 49.06, 49.07, or 49.08, the fact that the
279-24 defendant is or has been entitled to use the alcohol, controlled
279-25 substance, drug, dangerous drug, or other substance is not a
279-26 defense.
279-27 TITLE 11. ORGANIZED CRIME
280-1 <AND CRIMINAL STREET GANGS>
280-2 CHAPTER 71. ORGANIZED CRIME <AND CRIMINAL STREET GANGS>
280-3 Sec. 71.01. DEFINITIONS. In this chapter,
280-4 (a) "Combination" means three or more persons who
280-5 collaborate in carrying on criminal activities, although:
280-6 (1) participants may not know each other's identity;
280-7 (2) membership in the combination may change from time
280-8 to time; and
280-9 (3) participants may stand in a wholesaler-retailer or
280-10 other arm's-length relationship in illicit distribution operations.
280-11 (b) "Conspires to commit" means that a person agrees with
280-12 one or more persons that they or one or more of them engage in
280-13 conduct that would constitute the offense and that person and one
280-14 or more of them perform an overt act in pursuance of the agreement.
280-15 An agreement constituting conspiring to commit may be inferred from
280-16 the acts of the parties.
280-17 (c) "Profits" means property constituting or derived from
280-18 any proceeds obtained, directly or indirectly, from an offense
280-19 listed in Section 71.02 <of this code>.
280-20 <(d) "Criminal street gang" means three or more persons
280-21 having a common identifying sign or symbol or an identifiable
280-22 leadership who continuously or regularly associate in the
280-23 commission of criminal activities.>
280-24 Sec. 71.02. ENGAGING IN ORGANIZED CRIMINAL ACTIVITY. (a) A
280-25 person commits an offense if, with the intent to establish,
280-26 maintain, or participate in a combination or in the profits of a
280-27 combination <or as a member of a criminal street gang>, he commits
281-1 or conspires to commit one or more of the following:
281-2 (1) murder, capital murder, arson, aggravated robbery,
281-3 robbery, burglary, theft, aggravated kidnapping, kidnapping,
281-4 aggravated assault, aggravated sexual assault, sexual assault, or
281-5 forgery;
281-6 (2) any <felony> gambling offense punishable as a
281-7 Class A misdemeanor;
281-8 (3) promotion of prostitution, aggravated promotion of
281-9 prostitution, or compelling prostitution;
281-10 (4) unlawful manufacture, transportation, repair, or
281-11 sale of firearms or prohibited weapons;
281-12 (5) unlawful manufacture, delivery, dispensation, or
281-13 distribution of a controlled substance or dangerous drug, or
281-14 unlawful possession of a controlled substance or dangerous drug
281-15 through forgery, fraud, misrepresentation, or deception;
281-16 (6) any unlawful wholesale promotion or possession of
281-17 any obscene material or obscene device with the intent to wholesale
281-18 promote the same;
281-19 (7) any unlawful employment, authorization, or
281-20 inducing of a child younger than 17 years of age in an obscene
281-21 sexual performance;
281-22 (8) any felony offense under Chapter 32, Penal Code;
281-23 or
281-24 (9) any offense under Chapter 36, Penal Code.
281-25 (b) Except as provided in Subsections <Subsection> (c) and
281-26 (d) <of this section>, an offense under this section is one
281-27 category higher than the most serious offense listed in
282-1 <Subdivisions (1) through (9) of> Subsection (a) <of this section>
282-2 that was committed, and if the most serious offense is a Class A
282-3 misdemeanor, the offense is a state jail felony <of the third
282-4 degree>, except that if the most serious offense is a felony of the
282-5 first degree, the offense is a felony of the first degree.
282-6 (c) Conspiring to commit an offense under this section is of
282-7 the same degree as the most serious offense listed in <Subdivisions
282-8 (1) through (9) of> Subsection (a) <of this section> that the
282-9 person conspired to commit.
282-10 (d) At the punishment stage of a trial, the defendant may
282-11 raise the issue as to whether in voluntary and complete
282-12 renunciation of the offense he withdrew from the combination before
282-13 commission of an offense listed in Subsection (a) and made
282-14 substantial effort to prevent the commission of the offense. If
282-15 the defendant proves the issue in the affirmative by a
282-16 preponderance of the evidence the offense is the same category of
282-17 offense as the most serious offense committed, unless the defendant
282-18 is convicted of conspiring to commit the offense, in which event
282-19 the offense is one category lower than the most serious offense
282-20 that the defendant conspired to commit.
282-21 Sec. 71.03. Defenses Excluded. It is no defense to
282-22 prosecution under Section 71.02 <of this code> that:
282-23 (1) one or more members of the combination are not
282-24 criminally responsible for the object offense;
282-25 (2) one or more members of the combination have been
282-26 acquitted, have not been prosecuted or convicted, have been
282-27 convicted of a different offense, or are immune from prosecution;
283-1 (3) a person has been charged with, acquitted, or
283-2 convicted of any offense listed in Subsection (a) of Section 71.02
283-3 <of this code>; or
283-4 (4) once the initial combination of three <five> or
283-5 more persons is formed there is a change in the number or identity
283-6 of persons in the combination as long as two or more persons remain
283-7 in the combination and are involved in a continuing course of
283-8 conduct constituting an offense under this chapter.
283-9 Sec. 71.04. Testimonial Immunity. (a) A party to an
283-10 offense under this chapter may be required to furnish evidence or
283-11 testify about the offense.
283-12 (b) No evidence or testimony required to be furnished under
283-13 the provisions of this section nor any information directly or
283-14 indirectly derived from such evidence or testimony may be used
283-15 against the witness in any criminal case, except a prosecution for
283-16 aggravated perjury or contempt.
283-17 Sec. 71.05. Renunciation Defense. (a) It is an affirmative
283-18 defense to prosecution under Section 71.02 <of this code> that
283-19 under circumstances manifesting a voluntary and complete
283-20 renunciation of his criminal objective the actor withdrew from the
283-21 combination before commission of an offense listed in <Subdivisions
283-22 (1) through (7) of> Subsection (a) of Section 71.02 <of this code>
283-23 and took further affirmative action that prevented the commission
283-24 of the offense.
283-25 (b) For the purposes of this section and Section 71.02(d),
283-26 renunciation <Renunciation> is not voluntary if it is motivated in
283-27 whole or in part:
284-1 (1) by circumstances not present or apparent at the
284-2 inception of the actor's course of conduct that increase the
284-3 probability of detection or apprehension or that make more
284-4 difficult the accomplishment of the objective; or
284-5 (2) by a decision to postpone the criminal conduct
284-6 until another time or to transfer the criminal act to another but
284-7 similar objective or victim.
284-8 <(c) Evidence that the defendant withdrew from the
284-9 combination before commission of an offense listed in Subdivisions
284-10 (1) through (7) of Subsection (a) of Section 71.02 of this code and
284-11 made substantial effort to prevent the commission of an offense
284-12 listed in Subdivisions (1) through (7) of Subsection (a) of Section
284-13 71.02 of this code shall be admissible as mitigation at the hearing
284-14 on punishment if he has been found guilty under Section 71.02 of
284-15 this code, and in the event of a finding of renunciation under this
284-16 subsection, the punishment shall be one grade lower than that
284-17 provided under Section 71.02 of this code.>
284-18 SECTION 1.02. Section 5, Chapter 275, Acts of the 67th
284-19 Legislature, Regular Session, 1981, and Section 1, Chapter 587,
284-20 Acts of the 69th Legislature, Regular Session, 1985, are repealed.
284-21 SECTION 1.03. Chapter 3, Code of Criminal Procedure, is
284-22 amended by adding Article 3.04 to read as follows:
284-23 Art. 3.04. OFFICIAL MISCONDUCT. In this code:
284-24 (1) "Official misconduct" means an offense that is an
284-25 intentional or knowing violation of a law committed by a public
284-26 servant while acting in an official capacity as a public servant.
284-27 (2) "Public servant" has the meaning assigned by
285-1 Section 1.07, Penal Code.
285-2 SECTION 1.04. Chapter 14, Code of Criminal Procedure, is
285-3 amended by adding Article 14.031 to read as follows:
285-4 Art. 14.031. PUBLIC INTOXICATION. (a) In lieu of arresting
285-5 an individual who commits an offense under Section 49.02, Penal
285-6 Code, a peace officer may release an individual if:
285-7 (1) the officer believes detention in a penal facility
285-8 is unnecessary for the protection of the individual or others; and
285-9 (2) the individual:
285-10 (A) is released to the care of an adult who
285-11 agrees to assume responsibility for the individual; or
285-12 (B) verbally consents to voluntary treatment for
285-13 chemical dependency in a program in a treatment facility licensed
285-14 and approved by the Texas Commission on Alcohol and Drug Abuse, and
285-15 the program admits the individual for treatment.
285-16 (b) A magistrate may release from custody an individual
285-17 arrested under Section 49.02, Penal Code, if the magistrate
285-18 determines the individual meets the conditions required for release
285-19 in lieu of arrest under Subsection (a) of this article.
285-20 (c) The release of an individual under Subsection (a) or (b)
285-21 of this article to an alcohol or drug treatment program may not be
285-22 considered by a peace officer or magistrate in determining whether
285-23 the individual should be released to such a program for a
285-24 subsequent incident or arrest under Section 49.02, Penal Code.
285-25 (d) A peace officer and the agency or political subdivision
285-26 that employs the peace officer may not be held liable for damage to
285-27 persons or property that results from the actions of an individual
286-1 released under Subsection (a) or (b) of this article.
286-2 SECTION 1.05. Article 14.06(b), Code of Criminal Procedure,
286-3 is amended to read as follows:
286-4 (b) A peace officer who is charging a person with committing
286-5 an offense that is a Class C misdemeanor, other than an offense
286-6 under Section 49.02 <42.08>, Penal Code, may, instead of taking the
286-7 person before a magistrate, issue a citation to the person that
286-8 contains written notice of the time and place the person must
286-9 appear before a magistrate, the name and address of the person
286-10 charged, and the offense charged.
286-11 SECTION 1.06. Article 18.20, Code of Criminal Procedure, is
286-12 amended by adding Section 18 to read as follows:
286-13 Sec. 18. This article expires September 1, 2005, and shall
286-14 not be in force on and after that date.
286-15 SECTION 1.07. Subchapter A, Chapter 102, Code of Criminal
286-16 Procedure, is amended by adding Article 102.017 to read as follows:
286-17 Art. 102.017. COSTS ATTENDANT TO INTOXICATION CONVICTIONS.
286-18 (a) Except as provided by Subsection (d) of this article, on
286-19 conviction of an offense relating to the driving or operating of a
286-20 motor vehicle under Section 49.04, Penal Code, the court shall
286-21 impose a cost of $15 on a defendant if, subsequent to the arrest of
286-22 the defendant, a law enforcement agency visually recorded the
286-23 defendant with an electronic device. Costs imposed under this
286-24 subsection are in addition to other court costs and are due whether
286-25 or not the defendant is granted probation in the case. The court
286-26 shall collect the costs in the same manner as other costs are
286-27 collected in the case.
287-1 (b) Except as provided by Subsection (d) of this article, on
287-2 conviction of an offense relating to the driving or operating of a
287-3 motor vehicle punishable under Section 49.04(b), Penal Code, the
287-4 court shall impose as a cost of court on the defendant an amount
287-5 that is equal to the cost of an evaluation of the defendant
287-6 performed under Section 13(a), Article 42.12, of this code. Costs
287-7 imposed under this subsection are in addition to other court costs
287-8 and are due whether or not the defendant is granted probation in
287-9 the case, except that if the court determines that the defendant is
287-10 indigent and unable to pay the cost, the court may waive the
287-11 imposition of the cost.
287-12 (c)(1) Except as provided by Subsection (d) of this article,
287-13 if a person commits an offense under Chapter 49, Penal Code, and as
287-14 a direct result of the offense the person causes an incident
287-15 resulting in an accident response by a public agency, the person is
287-16 liable on conviction for the offense for the reasonable expense to
287-17 the agency of the accident response. In this article, a person is
287-18 considered to have been convicted in a case if:
287-19 (A) sentence is imposed;
287-20 (B) the defendant receives probation or deferred
287-21 adjudication; or
287-22 (C) the court defers final disposition of the
287-23 case.
287-24 (2) The liability authorized by this subsection may be
287-25 established by civil suit; however, if a determination is made
287-26 during a criminal trial that a person committed an offense under
287-27 Chapter 49, Penal Code, and as a direct result of the offense the
288-1 person caused an incident resulting in an accident response by a
288-2 public agency, the court may include the obligation for the
288-3 liability as part of the judgment. A judgment that includes such
288-4 an obligation is enforceable as any other judgment.
288-5 (3) The liability is a debt of the person to the
288-6 public agency, and the public agency may collect the debt in the
288-7 same manner as the public agency collects an express or implied
288-8 contractual obligation to the agency.
288-9 (4) A person's liability under this subsection for the
288-10 reasonable expense of an accident response may not exceed $1,000
288-11 for a particular incident. For the purposes of this subdivision, a
288-12 reasonable expense for an accident response includes only those
288-13 costs to the public agency arising directly from an accident
288-14 response to a particular incident, such as the cost of providing
288-15 police, fire-fighting, rescue, ambulance, and emergency medical
288-16 services at the scene of the incident and the salaries of the
288-17 personnel of the public agency responding to the incident.
288-18 (5) A bill for the expense of an accident response
288-19 sent to a person by a public agency under this subsection must
288-20 contain an itemized accounting of the components of the total
288-21 charge. A bill that complies with this subdivision is prima facie
288-22 evidence of the reasonableness of the costs incurred in the
288-23 accident response to which the bill applies.
288-24 (6) A policy of motor vehicle insurance delivered,
288-25 issued for delivery, or renewed in this state may not cover payment
288-26 of expenses charged to a person under this subsection.
288-27 (7) In this subsection, "public agency" means the
289-1 state, a county, a municipality district, or a public authority
289-2 located in whole or in part in this state that provides police,
289-3 fire-fighting, rescue, ambulance, or emergency medical services.
289-4 (d) Subsections (a), (b), and (c) of this article do not
289-5 apply to an offense under Section 49.02 or 49.03, Penal Code.
289-6 SECTION 1.08. Subsection (g), Section 24, Chapter 173, Acts
289-7 of the 47th Legislature, Regular Session, 1941 (Article 6687b,
289-8 Vernon's Texas Civil Statutes), is amended by amending Subdivision
289-9 (2) and adding Subdivision (5) to read as follows:
289-10 (2)(A) After the date has passed, according to records
289-11 of the Department, for successful completion of an educational
289-12 program designed to rehabilitate persons who have driven while
289-13 intoxicated, if the records do not indicate successful completion
289-14 of the program, the Director shall suspend the person's driver's
289-15 license, permit, or nonresident operating privilege or, if the
289-16 person is a resident without a license or permit to operate a motor
289-17 vehicle in this state, shall issue an order prohibiting the person
289-18 from obtaining a license or permit. A suspension or prohibition
289-19 order under this subsection is effective for a period of twelve
289-20 (12) months.
289-21 (B) After the date has passed, according to
289-22 records of the Department, for successful completion of an
289-23 educational program for repeat offenders as required by Section
289-24 13, Article 42.12, Code of Criminal Procedure, if the records do
289-25 not indicate successful completion of the program, the Director
289-26 shall suspend the person's driver's license, permit, or nonresident
289-27 operating privilege or, if the person is a resident without a
290-1 license or permit to operate a motor vehicle in this state, shall
290-2 issue an order prohibiting the person from obtaining a license or
290-3 permit. A suspension or prohibition order under this subsection is
290-4 continued until the person successfully completes that program.
290-5 (5) On the date that a suspension under Subsection (c)
290-6 of this section is to expire, the period of suspension or the
290-7 corresponding period in which the Department is prohibited from
290-8 issuing a license to a person is automatically increased for a
290-9 period of 24 months unless the Department has received notice that
290-10 the person has successfully completed an educational program under
290-11 Section 13, Article 42.12, Code of Criminal Procedure. At the time
290-12 a person is convicted of an offense under Section 49.04, Penal
290-13 Code, the court shall warn the person of the effect of this
290-14 subdivision. On successful completion of the program, a person
290-15 shall present proof of the completion to the clerk of the court in
290-16 which the person was convicted. The clerk shall report the date of
290-17 completion to the Department in the same manner as required by
290-18 Section 13, Article 42.12, Code of Criminal Procedure. If the
290-19 Department receives proof of completion after a period of
290-20 suspension or prohibition has been extended under this subdivision,
290-21 the Department shall immediately end the suspension or prohibition.
290-22 This subdivision does not apply to a person whose license the
290-23 Department is prohibited from suspending under Subdivision (1) of
290-24 this subsection.
290-25 SECTION 1.09. Section 1, Chapter 434, Acts of the 61st
290-26 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
290-27 Civil Statutes), is amended to read as follows:
291-1 Sec. 1. Any person who operates a motor vehicle in <upon the
291-2 public highways or upon> a public place, or a watercraft, <beach>
291-3 in this state shall be deemed to have given consent, subject to the
291-4 provisions of this Act, to submit to the taking of one or more
291-5 specimens of his breath or blood for the purpose of analysis to
291-6 determine the alcohol concentration or the presence in his body of
291-7 a controlled substance, <or> drug, dangerous drug, or other
291-8 substance, if arrested for any offense arising out of acts alleged
291-9 to have been committed while a person was driving or in actual
291-10 physical control of a motor vehicle or a watercraft while
291-11 intoxicated. Any person so arrested may consent to the giving of
291-12 any other type of specimen to determine his alcohol concentration,
291-13 but he shall not be deemed, solely on the basis of his operation of
291-14 a motor vehicle in <upon the public highways or upon> a public
291-15 place, or a watercraft, <beach> in this state, to have given
291-16 consent to give any type of specimen other than a specimen of his
291-17 breath or blood. The specimen, or specimens, shall be taken at the
291-18 request of a peace officer having reasonable grounds to believe the
291-19 person to have been driving or in actual physical control of a
291-20 motor vehicle in <upon the public highways or upon> a public place,
291-21 or a watercraft, <beach> in this state while intoxicated.
291-22 SECTION 1.10. Section 2, Chapter 434, Acts of the 61st
291-23 Legislature, Regular Session, 1969 (Article 6701l-5, Vernon's Texas
291-24 Civil Statutes), is amended by amending Subsection (f) and adding
291-25 Subsections (j) and (k) to read as follows:
291-26 (f) When the director receives the report, the director
291-27 shall suspend the person's license, permit, or nonresident
292-1 operating privilege, or shall issue an order prohibiting the person
292-2 from obtaining a license or permit, for 90 days effective 28 days
292-3 after the date the person receives notice by certified mail or 31
292-4 days after the date the director sends notice by certified mail, if
292-5 the person has not accepted delivery of the notice. If, not later
292-6 than the 20th day after the date on which the person receives
292-7 notice by certified mail or the 23rd day after the date the
292-8 director sent notice by certified mail, if the person has not
292-9 accepted delivery of the notice, the department receives a written
292-10 demand that a hearing be held, the department shall, not later than
292-11 the 10th day after the day of receipt of the demand, request a
292-12 court to set the hearing for the earliest possible date. The
292-13 hearing shall be set in the same manner as a hearing under Section
292-14 22(a), Chapter 173, Acts of the 47th Legislature, Regular Session,
292-15 1941, as amended (Article 6687b, Vernon's Texas Civil Statutes).
292-16 If, upon such hearing the court finds (1) that probable cause
292-17 existed that such person was driving or in actual physical control
292-18 of a motor vehicle in <on the highway or upon> a public place
292-19 <beach> while intoxicated, (2) that the person was placed under
292-20 arrest by the officer and was offered an opportunity to give a
292-21 specimen under the provisions of this Act, and (3) that such person
292-22 refused to give a specimen upon request of the officer, then the
292-23 Director of the <Texas> Department of Public Safety shall suspend
292-24 the person's license or permit to drive, or any nonresident
292-25 operating privilege for a period of 90 days, as ordered by the
292-26 court. If the person is a resident without a license or permit to
292-27 operate a motor vehicle in this State, the <Texas> Department of
293-1 Public Safety shall deny to the person the issuance of a license or
293-2 permit for 90 days.
293-3 (j) This section applies only to a person arrested for an
293-4 offense involving the operation of a motor vehicle.
293-5 (k) A suspension under this Act may not be probated.
293-6 SECTION 1.11. Sections 3(a), (c), (h), (i), and (j), Chapter
293-7 434, Acts of the 61st Legislature, Regular Session, 1969 (Article
293-8 6701l-5, Vernon's Texas Civil Statutes), are amended to read as
293-9 follows:
293-10 (a) Upon the trial of any criminal action or proceeding
293-11 arising out of an offense involving the operation of a motor
293-12 vehicle or a watercraft under Chapter 49 <Subdivision (2),
293-13 Subsection (a), Section 19.05>, Penal Code, <or an offense under
293-14 Article 6701l-1, Revised Statutes,> evidence of the alcohol
293-15 concentration or presence of a controlled substance, <or> drug,
293-16 dangerous drug, or other substance as shown by analysis of a
293-17 specimen of the person's blood, breath, urine, or any other bodily
293-18 substances taken at the request or order of a peace officer, shall
293-19 be admissible.
293-20 (c) When a person gives a specimen of blood at the request
293-21 or order of a peace officer under the provisions of this Act, only
293-22 a physician, qualified technician, chemist, registered professional
293-23 nurse, or licensed vocational nurse may withdraw a blood specimen
293-24 for the purpose of determining the alcohol concentration or
293-25 presence of a controlled substance, <or> drug, dangerous drug, or
293-26 other substance therein. For purposes of this subsection,
293-27 "qualified technician" does not include emergency medical services
294-1 personnel. The sample must be taken in a sanitary place. The
294-2 person drawing the blood specimen at the request or order of a
294-3 peace officer under the provisions of this Act, or the hospital
294-4 where that person is taken for the purpose of securing the blood
294-5 specimen, shall not be held liable for damages arising from the
294-6 request or order of the peace officer to take the blood specimen as
294-7 provided herein, provided the blood specimen was withdrawn
294-8 according to recognized medical procedures, and provided further
294-9 that the foregoing shall not relieve any such person from liability
294-10 for negligence in the withdrawing of any blood specimen. Breath
294-11 specimens taken at the request or order of a peace officer must be
294-12 taken and analysis made under such conditions as may be prescribed
294-13 by the <Texas> Department of Public Safety, and by such persons as
294-14 the <Texas> Department of Public Safety has certified to be
294-15 qualified.
294-16 (h) Any person who is dead, unconscious, or otherwise in a
294-17 condition rendering the person incapable of refusal, whether the
294-18 person was arrested or not, shall be deemed not to have withdrawn
294-19 the consent provided by Section 1 of this Act. If the person is
294-20 dead, a specimen may be withdrawn by the county medical examiner or
294-21 the examiner's designated agent or, if there is no county medical
294-22 examiner for the county, by a licensed mortician or a person
294-23 authorized as provided by Subsection (c) of this section. If the
294-24 person is not dead but is incapable of refusal, a specimen may be
294-25 withdrawn by a person authorized as provided by Subsection (c) of
294-26 this section. Evidence of alcohol concentration or the presence of
294-27 a controlled substance, <or> drug, dangerous drug, or other
295-1 substance obtained by an analysis authorized by this subsection is
295-2 admissible in a civil or criminal action.
295-3 (i) A peace officer shall require a person to give a
295-4 specimen under Section 2 of this Act if:
295-5 (1) the officer arrests the person for an offense
295-6 involving the operation of a motor vehicle or a watercraft under
295-7 Chapter 49 <Subdivision (2), Subsection (a), Section 19.05>, Penal
295-8 Code<, or an offense under Article 6701l-1, Revised Statutes, as
295-9 amended>;
295-10 (2) the person was the operator of a motor vehicle or
295-11 a watercraft involved in an accident that the officer reasonably
295-12 believes occurred as a result of the offense;
295-13 (3) at the time of the arrest the officer reasonably
295-14 believes that a person has died or will die as a direct result of
295-15 the accident; and
295-16 (4) the person refuses the officer's request to
295-17 voluntarily give a specimen.
295-18 (j) In this Act:
295-19 (1) "Alcohol concentration" has the meaning assigned
295-20 by Section 49.01, Penal Code <means:>
295-21 <(A) the number of grams of alcohol per 100
295-22 milliliters of blood;>
295-23 <(B) the number of grams of alcohol per 210
295-24 liters of breath; or>
295-25 <(C) the number of grams of alcohol per 67
295-26 milliliters of urine>.
295-27 (2) "Controlled substance" has the <same> meaning
296-1 assigned by <as is given that term in> Section 481.002, Health and
296-2 Safety Code.
296-3 (3) "Dangerous drug" has the meaning assigned by
296-4 Section 483.001, Health and Safety Code.
296-5 (4) "Drug" has the <same> meaning assigned by <as is
296-6 given that term in> Section 481.002, Health and Safety Code.
296-7 (5) <(4)> "Intoxicated" has the meaning assigned by
296-8 Section 49.01, Penal Code <means:>
296-9 <(A) not having the normal use of mental or
296-10 physical faculties by reason of the introduction of alcohol, a
296-11 controlled substance, a drug, or a combination of two or more of
296-12 those substances into the body; or>
296-13 <(B) having an alcohol concentration of 0.10 or
296-14 more>.
296-15 <(5) "Public beach" has the same meaning as is given
296-16 that term in the Uniform Act Regulating Traffic on Highways
296-17 (Article 6701d, Vernon's Texas Civil Statutes).>
296-18 (6) <"Public highway" has the same meaning as is given
296-19 the term "highway" in the Uniform Act Regulating Traffic on
296-20 Highways (Article 6701d, Vernon's Texas Civil Statutes).>
296-21 <(7)> "Public place" has the meaning assigned by
296-22 <Subdivision (29), Subsection (a),> Section 1.07, Penal Code.
296-23 SECTION 1.12. Section 31.097, Parks and Wildlife Code, is
296-24 repealed.
296-25 SECTION 1.13. Section 1, Chapter 46, Acts of the 58th
296-26 Legislature, Regular Session, 1963 (Article 46f-3, Vernon's Texas
296-27 Civil Statutes), is repealed.
297-1 SECTION 1.14. Section 107E, Uniform Act Regulating Traffic
297-2 on Highways (Article 6701d, Vernon's Texas Civil Statutes), is
297-3 repealed.
297-4 SECTION 1.15. Article 6701l-1, Revised Statutes, is
297-5 repealed.
297-6 SECTION 1.16. Section 11.17, Chapter 10, Acts of the 72nd
297-7 Legislature, 2nd Called Session, 1991, is repealed.
297-8 ARTICLE 2
297-9 SECTION 2.01. Section 481.002, Health and Safety Code, is
297-10 amended by adding Subdivision (49) to read as follows:
297-11 (49) "Adulterant or dilutant" means any material that
297-12 increases the bulk or quantity of a controlled substance,
297-13 regardless of its effect on the chemical activity of the controlled
297-14 substance.
297-15 SECTION 2.02. Sections 481.108, 481.112, 481.113, 481.114,
297-16 481.115, 481.116, 481.117, 481.118, 481.119, 481.120, 481.121,
297-17 481.122, 481.125, 481.126, 481.127, 481.128, 481.129, and 481.131,
297-18 Health and Safety Code, are amended to read as follows:
297-19 Sec. 481.108. Preparatory Offenses. Title 4, Penal Code,
297-20 applies to <Section 481.126 and offenses designated as aggravated>
297-21 offenses under this subchapter<, except that the punishment for a
297-22 preparatory offense is the same as the punishment prescribed for
297-23 the offense that was the object of the preparatory offense>.
297-24 Sec. 481.112. Offense: Manufacture or Delivery of Substance
297-25 in Penalty Group 1. (a) Except as authorized by this chapter, a
297-26 person commits an offense if the person knowingly or intentionally
297-27 manufactures, delivers, or possesses with intent to manufacture or
298-1 deliver a controlled substance listed in Penalty Group 1.
298-2 (b) An offense under Subsection (a) is a state jail felony
298-3 <of the first degree> if the amount of the controlled substance to
298-4 which the offense applies is, by aggregate weight, including
298-5 adulterants or dilutants, less than one gram <28 grams>.
298-6 (c) An <A person commits an aggravated offense if the person
298-7 commits an> offense under Subsection (a) is a felony of the third
298-8 degree if <and> the amount of the controlled substance to which the
298-9 offense applies is, by aggregate weight, including adulterants or
298-10 dilutants, one gram <28 grams> or more but less than 4 grams.
298-11 (d) An offense under Subsection (a) <(c)> is a felony of the
298-12 second degree<:>
298-13 <(1) punishable by confinement in the Texas Department
298-14 of Corrections for life or for a term of not more than 99 years or
298-15 less than 5 years, and a fine not to exceed $50,000,> if the amount
298-16 of the controlled substance to which the offense applies is, by
298-17 aggregate weight, including adulterants or dilutants, 4 <28> grams
298-18 or more but less than 400 <200> grams.
298-19 (e) An offense under Subsection (a) is a felony of the first
298-20 degree<;>
298-21 <(2) punishable by confinement in the Texas Department
298-22 of Corrections for life or for a term of not more than 99 years or
298-23 less than 10 years, and a fine not to exceed $100,000, if the
298-24 amount of the controlled substance to which the offense applies is,
298-25 by aggregate weight, including adulterants or dilutants, 200 grams
298-26 or more but less than 400 grams; and>
298-27 <(3) punishable by confinement in the Texas Department
299-1 of Corrections for life or for a term of not more than 99 years or
299-2 less than 15 years, and a fine not to exceed $250,000,> if the
299-3 amount of the controlled substance to which the offense applies is,
299-4 by aggregate weight, including adulterants or dilutants, 400 grams
299-5 or more.
299-6 Sec. 481.113. Offense: Manufacture or Delivery of Substance
299-7 in Penalty Group 2. (a) Except as authorized by this chapter, a
299-8 person commits an offense if the person knowingly or intentionally
299-9 manufactures, delivers, or possesses with intent to manufacture or
299-10 deliver a controlled substance listed in Penalty Group 2.
299-11 (b) An offense under Subsection (a) is a state jail felony
299-12 <of the second degree> if the amount of the controlled substance to
299-13 which the offense applies is, by aggregate weight, including
299-14 adulterants or dilutants, less than one gram <28 grams>.
299-15 (c) An <A person commits an aggravated offense if the person
299-16 commits an> offense under Subsection (a) is a felony of the third
299-17 degree if <and> the amount of the controlled substance to which the
299-18 offense applies is, by aggregate weight, including adulterants or
299-19 dilutants, one gram <28 grams> or more but less than 4 grams.
299-20 (d) An offense under Subsection (a) <(c)> is a felony of the
299-21 second degree<:>
299-22 <(1) punishable by confinement in the Texas Department
299-23 of Corrections for life or for a term of not more than 99 years or
299-24 less than 5 years, and a fine not to exceed $50,000,> if the amount
299-25 of the controlled substance to which the offense applies is, by
299-26 aggregate weight, including adulterants or dilutants, 4 <28> grams
299-27 or more <but less than 400 grams; and>
300-1 <(2) punishable by confinement in the Texas Department
300-2 of Corrections for life or for a term of not more than 99 years or
300-3 less than 10 years, and a fine not to exceed $100,000, if the
300-4 amount of the controlled substance to which the offense applies is,
300-5 by aggregate weight, including adulterants or dilutants, 400 grams
300-6 or more>.
300-7 Sec. 481.114. Offense: Manufacture or Delivery of Substance
300-8 in Penalty Group 3 or 4. (a) Except as authorized by this
300-9 chapter, a person commits an offense if the person knowingly or
300-10 intentionally manufactures, delivers, or possesses with intent to
300-11 manufacture or deliver a controlled substance listed in Penalty
300-12 Group 3 or 4.
300-13 (b) An offense under Subsection (a) is a state jail felony
300-14 <of the third degree> if the amount of the controlled substance to
300-15 which the offense applies is, by aggregate weight, including
300-16 adulterants or dilutants, less than 28 <200> grams.
300-17 (c) An <A person commits an aggravated offense if the person
300-18 commits an> offense under Subsection (a) is a felony of the second
300-19 degree if <and> the amount of the controlled substance to which the
300-20 offense applies is, by aggregate weight, including adulterants or
300-21 dilutants, 28 <200> grams or more.
300-22 <(d) An offense under Subsection (c) is:>
300-23 <(1) punishable by confinement in the Texas Department
300-24 of Corrections for life or for a term of not more than 99 years or
300-25 less than 5 years, and a fine not to exceed $50,000, if the amount
300-26 of the controlled substance to which the offense applies is, by
300-27 aggregate weight, including adulterants or dilutants, 200 grams or
301-1 more but less than 400 grams; and>
301-2 <(2) punishable by confinement in the Texas Department
301-3 of Corrections for life or for a term of not more than 99 years or
301-4 less than 10 years, and a fine not to exceed $100,000, if the
301-5 amount of the controlled substance to which the offense applies is,
301-6 by aggregate weight, including any adulterants or dilutants, 400
301-7 grams or more.>
301-8 Sec. 481.115. Offense: Possession of Substance in Penalty
301-9 Group 1. (a) Except as authorized by this chapter, a person
301-10 commits an offense if the person knowingly or intentionally
301-11 possesses a controlled substance listed in Penalty Group 1, unless
301-12 the person obtained the substance directly from or under a valid
301-13 prescription or order of a practitioner acting in the course of
301-14 professional practice.
301-15 (b) An offense under Subsection (a) is a state jail felony
301-16 <of the second degree> if the amount of the controlled substance
301-17 possessed is, by aggregate weight, including adulterants or
301-18 dilutants, less than one gram <28 grams>.
301-19 (c) An <A person commits an aggravated offense if the person
301-20 commits an> offense under Subsection (a) is a felony of the third
301-21 degree if <and> the amount of the controlled substance possessed
301-22 is, by aggregate weight, including adulterants or dilutants, one
301-23 gram <28 grams> or more but less than 4 grams.
301-24 (d) An offense under Subsection (a) <(c)> is a felony of the
301-25 second degree<:>
301-26 <(1) punishable by confinement in the Texas Department
301-27 of Corrections for life or for a term of not more than 99 years or
302-1 less than 5 years, and a fine not to exceed $50,000,> if the amount
302-2 of the controlled substance possessed is, by aggregate weight,
302-3 including adulterants or dilutants, 4 <28> grams or more <but less
302-4 than 400 grams; and>
302-5 <(2) punishable by confinement in the Texas Department
302-6 of Corrections for life or for a term of not more than 99 years or
302-7 less than 10 years, and a fine not to exceed $100,000, if the
302-8 amount of the controlled substance possessed is, by aggregate
302-9 weight, including adulterants or dilutants, 400 grams or more>.
302-10 Sec. 481.116. Offense: Possession of Substance in Penalty
302-11 Group 2. (a) Except as authorized by this chapter, a person
302-12 commits an offense if the person knowingly or intentionally
302-13 possesses a controlled substance listed in Penalty Group 2, unless
302-14 the person obtained the substance directly from or under a valid
302-15 prescription or order of a practitioner acting in the course of
302-16 professional practice.
302-17 (b) An offense under Subsection (a) is a state jail felony
302-18 <of the third degree> if the amount of the controlled substance
302-19 possessed is, by aggregate weight, including adulterants or
302-20 dilutants, less than one gram <28 grams>.
302-21 (c) An <A person commits an aggravated offense if the person
302-22 commits an> offense under Subsection (a) is a felony of the third
302-23 degree if <and> the amount of the controlled substance possessed
302-24 is, by aggregate weight, including adulterants or dilutants, one
302-25 gram <28 grams> or more but less than 4 grams.
302-26 (d) An offense under Subsection (a) <(c)> is a felony of the
302-27 second degree<:>
303-1 <(1) punishable by confinement in the Texas Department
303-2 of Corrections for life or for a term of not more than 99 years or
303-3 less than 5 years, and a fine not to exceed $50,000,> if the amount
303-4 of the controlled substance possessed is, by aggregate weight,
303-5 including adulterants or dilutants, 4 <28> grams or more <but less
303-6 than 400 grams; and>
303-7 <(2) punishable by confinement in the Texas Department
303-8 of Corrections for life or for a term of not more than 99 years or
303-9 less than 10 years, and a fine not to exceed $100,000, if the
303-10 amount of the controlled substance possessed is, by aggregate
303-11 weight, including adulterants or dilutants, 400 grams or more>.
303-12 Sec. 481.117. Offense: Possession of Substance in Penalty
303-13 Group 3. (a) Except as authorized by this chapter, a person
303-14 commits an offense if the person knowingly or intentionally
303-15 possesses a controlled substance listed in Penalty Group 3, unless
303-16 the person obtains the substance directly from or under a valid
303-17 prescription or order of a practitioner acting in the course of
303-18 professional practice.
303-19 (b) An offense under Subsection (a) is a Class A misdemeanor
303-20 if the amount of the controlled substance possessed is, by
303-21 aggregate weight, including adulterants or dilutants, less than 28
303-22 <200> grams.
303-23 (c) An <A person commits an aggravated offense if the person
303-24 commits an> offense under Subsection (a) is a felony of the second
303-25 degree if <and> the amount of the controlled substance possessed
303-26 is, by aggregate weight, including adulterants or dilutants, 28
303-27 <200> grams or more.
304-1 <(d) An offense under Subsection (c) is:>
304-2 <(1) punishable by confinement in the Texas Department
304-3 of Corrections for life or for a term of not more than 99 years or
304-4 less than 5 years, and a fine not to exceed $50,000, if the amount
304-5 of the controlled substance possessed is, by aggregate weight,
304-6 including adulterants or dilutants, 200 grams or more but less than
304-7 400 grams; and>
304-8 <(2) punishable by confinement in the Texas Department
304-9 of Corrections for life or for a term of not more than 99 years or
304-10 less than 10 years, and a fine not to exceed $100,000, if the
304-11 amount of the controlled substance possessed is, by aggregate
304-12 weight, including adulterants or dilutants, 400 grams or more.>
304-13 Sec. 481.118. Offense: Possession Of Substance In Penalty
304-14 Group 4. (a) Except as authorized by this chapter, a person
304-15 commits an offense if the person knowingly or intentionally
304-16 possesses a controlled substance listed in Penalty Group 4, unless
304-17 the person obtained the substance directly from or under a valid
304-18 prescription or order of a practitioner acting in the course of
304-19 practice.
304-20 (b) An offense under Subsection (a) is a Class B misdemeanor
304-21 if the amount of the controlled substance possessed is, by
304-22 aggregate weight, including adulterants or dilutants, less than 28
304-23 <200> grams.
304-24 (c) An <A person commits an aggravated offense if the person
304-25 commits an> offense under Subsection (a) is a felony of the second
304-26 degree if <and> the amount of the controlled substance possessed
304-27 is, by aggregate weight, including adulterants or dilutants, 28
305-1 <200> grams or more.
305-2 <(d) An offense under Subsection (c) is:>
305-3 <(1) punishable by confinement in the Texas Department
305-4 of Corrections for life or a term of not more than 99 years or less
305-5 than 5 years, and a fine not to exceed $50,000, if the amount of
305-6 the controlled substance possessed is, by aggregate weight,
305-7 including adulterants or dilutants, 200 grams or more but less than
305-8 400 grams; and>
305-9 <(2) punishable by confinement in the Texas Department
305-10 of Corrections for life or for a term of not more than 99 years or
305-11 less than 10 years, and a fine not to exceed $100,000, if the
305-12 amount of the controlled substance possessed is, by aggregate
305-13 weight, including adulterants or dilutants, 400 grams or more.>
305-14 Sec. 481.119. Offense: Manufacture, Delivery, or Possession
305-15 of Miscellaneous Substances. (a) A person commits an offense if
305-16 the person knowingly or intentionally manufactures, delivers, or
305-17 possesses with intent to manufacture or deliver a controlled
305-18 substance listed in a schedule by an action of the commissioner
305-19 under this chapter but not listed in a penalty group. An offense
305-20 under this subsection is a Class A misdemeanor.
305-21 (b) A person commits an offense if the person knowingly or
305-22 intentionally possesses a controlled substance listed in a schedule
305-23 by an action of the commissioner under this chapter but not listed
305-24 in a penalty group. An offense under this subsection is a Class B
305-25 misdemeanor.
305-26 Sec. 481.120. Offense: Delivery of Marihuana. (a) Except
305-27 as authorized by this chapter, a person commits an offense if the
306-1 person knowingly or intentionally delivers marihuana.
306-2 (b) An offense under Subsection (a) is:
306-3 (1) a Class B misdemeanor if the amount of marihuana
306-4 delivered is one-fourth ounce or less and the person committing the
306-5 offense does not receive remuneration for the marihuana;
306-6 (2) a Class A misdemeanor if the amount of marihuana
306-7 delivered is one-fourth ounce or less and the person committing the
306-8 offense receives remuneration for the marihuana;
306-9 (3) a state jail felony <of the third degree> if the
306-10 amount of marihuana delivered is five pounds <four ounces> or less
306-11 but more than one-fourth ounce;
306-12 (4) a felony of the third <second> degree if the
306-13 amount of marihuana delivered is 50 <five> pounds or less but more
306-14 than five pounds <four ounces>; <and>
306-15 (5) a felony of the second <first> degree if the
306-16 amount of marihuana delivered is 2,000 <50> pounds or less but more
306-17 than 50 <5> pounds; and<.>
306-18 (6) a felony of the first degree
306-19 <(c) A person commits an aggravated offense if the person
306-20 commits an offense under Subsection (a) and the amount of marihuana
306-21 delivered is more than 50 pounds.>
306-22 <(d) An offense under Subsection (c) is:>
306-23 <(1) punishable by confinement in the Texas Department
306-24 of Corrections for life or for a term of not more than 99 years or
306-25 less than 5 years, and a fine not to exceed $50,000, if the amount
306-26 of marihuana delivered is 200 pounds or less but more than 50
306-27 pounds;>
307-1 <(2) punishable by confinement in the Texas Department
307-2 of Corrections for life or for a term of not more than 99 years or
307-3 less than 10 years, and a fine not to exceed $100,000, if the
307-4 amount of marihuana delivered is 2,000 pounds or less but more than
307-5 200 pounds; and>
307-6 <(3) punishable by confinement in the Texas Department
307-7 of Corrections for life or for a term of not more than 99 years or
307-8 less than 15 years, and a fine not to exceed $250,000,> if the
307-9 amount of marihuana delivered is more than 2,000 pounds.
307-10 Sec. 481.121. Offense: Possession of Marihuana. (a)
307-11 Except as authorized by this chapter, a person commits an offense
307-12 if the person knowingly or intentionally possesses a usable
307-13 quantity of marihuana.
307-14 (b) An offense under Subsection (a) is:
307-15 (1) a Class B misdemeanor if the amount of marihuana
307-16 possessed is two ounces or less;
307-17 (2) a Class A misdemeanor if the amount of marihuana
307-18 possessed is four ounces or less but more than two ounces;
307-19 (3) a state jail felony <of the third degree> if the
307-20 amount of marihuana possessed is five pounds or less but more than
307-21 four ounces; <and>
307-22 (4) a felony of the third <second> degree if the
307-23 amount of marihuana possessed is 50 pounds or less but more than 5
307-24 pounds;<.>
307-25 (5) a felony of the second degree if
307-26 <(c) A person commits an aggravated offense if the person
307-27 commits an offense under Subsection (a) and> the amount of
308-1 marihuana possessed is 2,000 pounds or less but more than 50
308-2 pounds; and<.>
308-3 (6) a felony of the first degree
308-4 <(d) An offense under Subsection (c) is:>
308-5 <(1) punishable by confinement in the Texas Department
308-6 of Corrections for life or for a term of not more than 99 years or
308-7 less than 5 years, and a fine not to exceed $50,000, if the amount
308-8 of marihuana possessed is 200 pounds or less but more than 50
308-9 pounds;>
308-10 <(2) punishable by confinement in the Texas Department
308-11 of Corrections for life or for a term of not more than 99 years or
308-12 less than 10 years, and a fine not to exceed $100,000, if the
308-13 amount of marihuana possessed is 2,000 pounds or less but more than
308-14 200 pounds; and>
308-15 <(3) punishable by confinement in the Texas Department
308-16 of Corrections for life or for a term of not more than 99 years or
308-17 less than 15 years, and a fine not to exceed $250,000,> if the
308-18 amount of marihuana possessed is more than 2,000 pounds.
308-19 <(e) An offense for which the punishment is prescribed by
308-20 Subsection (b) may not be considered a crime of moral turpitude.>
308-21 Sec. 481.122. Offense: Delivery of Controlled Substance or
308-22 Marihuana to Minor. (a) Except as authorized by this chapter, a
308-23 person commits an <aggravated> offense if the person knowingly or
308-24 intentionally delivers a controlled substance listed in Penalty
308-25 Group 1, 2, or 3 or knowingly or intentionally delivers marihuana
308-26 and the person delivers the controlled substance or marihuana to a
308-27 person:
309-1 (1) who is 17 years of age or younger;
309-2 (2) who the actor knows or believes intends to deliver
309-3 the controlled substance or marihuana to a person 17 years of age
309-4 or younger;
309-5 (3) who is enrolled in an elementary or secondary
309-6 school; or
309-7 (4) who the actor knows or believes intends to deliver
309-8 the controlled substance or marihuana to a person who is enrolled
309-9 in an elementary or secondary school.
309-10 (b) It is an affirmative defense to prosecution under this
309-11 section that:
309-12 (1) the actor was younger than 18 years of age when
309-13 the offense was committed; or
309-14 (2) the actor was younger than 21 years of age when
309-15 the offense was committed and delivered only marihuana in an amount
309-16 less than one-fourth ounce for which the actor did not receive
309-17 remuneration.
309-18 (c) An offense under this section is a felony of the second
309-19 <first> degree.
309-20 Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG
309-21 PARAPHERNALIA. (a) A person commits an offense if the person
309-22 knowingly or intentionally uses or possesses with intent to use
309-23 drug paraphernalia to plant, propagate, cultivate, grow, harvest,
309-24 manufacture, compound, convert, produce, process, prepare, test,
309-25 analyze, pack, repack, store, contain, or conceal a controlled
309-26 substance in violation of this chapter or to inject, ingest,
309-27 inhale, or otherwise introduce into the human body a controlled
310-1 substance in violation of this chapter.
310-2 (b) A person commits an offense if the person knowingly or
310-3 intentionally delivers, possesses with intent to deliver, or
310-4 manufactures with intent to deliver drug paraphernalia knowing that
310-5 the person who receives or who is intended to receive the drug
310-6 paraphernalia intends that it be used to plant, propagate,
310-7 cultivate, grow, harvest, manufacture, compound, convert, produce,
310-8 process, prepare, test, analyze, pack, repack, store, contain, or
310-9 conceal a controlled substance in violation of this chapter or to
310-10 inject, ingest, inhale, or otherwise introduce into the human body
310-11 a controlled substance in violation of this chapter.
310-12 (c) A person commits an offense if the person commits an
310-13 offense under Subsection (b), is 18 years of age or older, and the
310-14 person who receives or who is intended to receive the drug
310-15 paraphernalia is younger than 18 years of age and at least three
310-16 years younger than the actor.
310-17 (d) An offense under Subsection (a) is a Class C
310-18 misdemeanor<, unless it is shown on the trial of a defendant that
310-19 the defendant has previously been convicted under Subsection (a),
310-20 in which event the offense is a Class B misdemeanor>.
310-21 (e) An offense under Subsection (b) is a Class A
310-22 misdemeanor, unless it is shown on the trial of a defendant that
310-23 the defendant has previously been convicted under Subsection (b) or
310-24 (c), in which event the offense is punishable by confinement in
310-25 jail for a term of not more than one year or less than 90 days <a
310-26 felony of the third degree>.
310-27 (f) An offense under Subsection (c) is a state jail felony
311-1 <of the third degree>.
311-2 Sec. 481.126. OFFENSE: ILLEGAL EXPENDITURE OR INVESTMENT.
311-3 (a) A person commits an offense if the person knowingly or
311-4 intentionally:
311-5 (1) expends funds the person knows are derived from
311-6 the commission of an offense:
311-7 (A) under Section 481.115(a) or 481.116(a)
311-8 <481.112(c), 481.113(c), 481.114(c), 481.115(c), 481.116(c),
311-9 481.117(c), 481.118(c), 481.120(c), or 481.121(c)>; or
311-10 (B) punishable under Section 481.112(d),
311-11 481.112(e), 481.113(d), 481.114(c), 481.117(c), 481.118(c),
311-12 481.120(b)(5), 481.120(b)(6), 481.121(b)(5), or 481.121(b)(6); or
311-13 (2) finances or invests funds the person knows or
311-14 believes are intended to further the commission of an offense
311-15 listed in Subdivision (1) or an offense for which the punishment is
311-16 listed under Subdivision (1).
311-17 (b) An offense under this section is a felony of the first
311-18 degree <punishable by confinement in the Texas Department of
311-19 Corrections for life or for a term of not more than 99 years or
311-20 less than 5 years, and a fine of not more than $1,000,000 or less
311-21 than $50,000>.
311-22 Sec. 481.127. OFFENSE: UNAUTHORIZED DISCLOSURE OF
311-23 INFORMATION. (a) A person commits an offense if the person
311-24 intentionally or knowingly gives, permits, or obtains unauthorized
311-25 access to information submitted to the Department of Public Safety
311-26 under Section 481.075.
311-27 (b) An offense under this section is a state jail felony <of
312-1 the third degree>.
312-2 Sec. 481.128. OFFENSE AND CIVIL PENALTY: COMMERCIAL
312-3 MATTERS. (a) A registrant or dispenser commits an offense if the
312-4 registrant or dispenser knowingly or intentionally:
312-5 (1) distributes, delivers, administers, or dispenses
312-6 a controlled substance in violation of Sections 481.070-481.074;
312-7 (2) manufactures a controlled substance not authorized
312-8 by the person's registration or distributes or dispenses a
312-9 controlled substance not authorized by the person's registration to
312-10 another registrant or other person;
312-11 (3) refuses or fails to make, keep, or furnish a
312-12 record, report, notification, order form, statement, invoice, or
312-13 information required by this chapter;
312-14 (4) prints, manufactures, possesses, or produces a
312-15 triplicate prescription form without the approval of the Department
312-16 of Public Safety;
312-17 (5) delivers or possesses a counterfeit triplicate
312-18 prescription;
312-19 (6) refuses an entry into a premise for an inspection
312-20 authorized by this chapter;
312-21 (7) refuses or fails to return a triplicate
312-22 prescription form as required by Section 481.075(h); or
312-23 (8) refuses or fails to make, keep, or furnish a
312-24 record, report, notification, order form, statement, invoice, or
312-25 information required by a rule adopted before June 1, 1991, by the
312-26 director.
312-27 (b) If the registrant or dispenser knowingly or
313-1 intentionally refuses or fails to make, keep, or furnish a record,
313-2 report, notification, order form, statement, invoice, or
313-3 information required by a rule or a rule amendment adopted on or
313-4 after June 1, 1991, by the director, the registrant or dispenser is
313-5 liable to the state for a civil penalty of not more than $5,000 for
313-6 each act.
313-7 (c) If the registrant or dispenser negligently fails to
313-8 make, keep, or furnish a record, report, notification, order form,
313-9 statement, invoice, or information required by a rule or a rule
313-10 amendment adopted on or after June 1, 1991, by the director, the
313-11 registrant or dispenser is liable to the state for a civil penalty
313-12 of not more than $1,000 for each act.
313-13 (d) An offense under Subsection (a) is a state jail felony
313-14 <of the second degree, unless it is shown on the trial of a
313-15 defendant that the defendant has previously been convicted under
313-16 Subsection (a), in which event the offense is a felony of the first
313-17 degree>.
313-18 (e) If a person negligently commits an act that would
313-19 otherwise be an offense under Subsection (a), the person is liable
313-20 to the state for a civil penalty of not less than $5,000 or more
313-21 than $10,000 for each act.
313-22 (f) A district attorney of the county where the act occurred
313-23 may file suit in district court in that county to collect a civil
313-24 penalty under this section, or the district attorney of Travis
313-25 County or the attorney general may file suit in district court in
313-26 Travis County to collect the penalty.
313-27 Sec. 481.129. OFFENSE: FRAUD. (a) A person commits an
314-1 offense if the person knowingly or intentionally:
314-2 (1) distributes as a registrant or dispenser a
314-3 controlled substance listed in Schedule I or II, unless the person
314-4 distributes the controlled substance under an order form as
314-5 required by Section 481.069;
314-6 (2) uses in the course of manufacturing, prescribing,
314-7 or distributing a controlled substance a registration number that
314-8 is fictitious, revoked, suspended, or issued to another person;
314-9 (3) uses a triplicate prescription form issued to
314-10 another person to prescribe a controlled substance;
314-11 (4) possesses or attempts to possess a controlled
314-12 substance:
314-13 (A) by misrepresentation, fraud, forgery,
314-14 deception, or subterfuge;
314-15 (B) through use of a fraudulent prescription
314-16 form; or
314-17 (C) through use of a fraudulent oral or
314-18 telephonically communicated prescription; or
314-19 (5) furnishes false or fraudulent material information
314-20 in or omits material information from an application, report,
314-21 record, or other document required to be kept or filed under this
314-22 chapter.
314-23 (b) A person commits an offense if the person knowingly or
314-24 intentionally:
314-25 (1) makes, distributes, or possesses a punch, die,
314-26 plate, stone, or other thing designed to print, imprint, or
314-27 reproduce an actual or simulated trademark, trade name, or other
315-1 identifying mark, imprint, or device of another on a controlled
315-2 substance or the container or label of a container for a controlled
315-3 substance, so as to make the controlled substance a counterfeit
315-4 substance; or
315-5 (2) manufactures, delivers, or possesses with intent
315-6 to deliver a counterfeit substance.
315-7 (c) A person commits an offense if the person knowingly or
315-8 intentionally:
315-9 (1) delivers a prescription or a prescription form for
315-10 other than a valid medical purpose in the course of professional
315-11 practice; or
315-12 (2) possesses a prescription for a controlled
315-13 substance or a prescription form unless the prescription or
315-14 prescription form is possessed:
315-15 (A) during the manufacturing or distribution
315-16 process;
315-17 (B) by a practitioner, practitioner's agent, or
315-18 an institutional practitioner for a valid medical purpose during
315-19 the course of professional practice;
315-20 (C) by a pharmacist or agent of a pharmacy
315-21 during the professional practice of pharmacy;
315-22 (D) under a practitioner's order made by the
315-23 practitioner for a valid medical purpose in the course of
315-24 professional practice; or
315-25 (E) by an officer or investigator authorized to
315-26 enforce this chapter within the scope of the officer's or
315-27 investigator's official duties.
316-1 (d) An offense under Subsection (a) is:
316-2 (1) a felony of the second degree if the controlled
316-3 substance that is the subject of the offense is listed in Schedule
316-4 I or II;
316-5 (2) a felony of the third degree if the controlled
316-6 substance that is the subject of the offense is listed in Schedule
316-7 III or IV; and
316-8 (3) a Class A misdemeanor if the controlled substance
316-9 that is the subject of the offense is listed in Schedule V.
316-10 (e) An offense under Subsection (b) is a Class A
316-11 misdemeanor.
316-12 (f) An offense under Subsection (c)(1) is:
316-13 (1) a felony of the second degree if the defendant
316-14 delivers:
316-15 (A) a prescription form; or
316-16 (B) a prescription for a controlled substance
316-17 listed in Schedule II; and
316-18 (2) a felony of the third degree if the defendant
316-19 delivers a prescription for a controlled substance listed in
316-20 Schedule III, IV, or V.
316-21 (g) An offense under Subsection (c)(2) is:
316-22 (1) a state jail felony <of the third degree> if the
316-23 defendant possesses:
316-24 (A) a prescription form; or
316-25 (B) a prescription for a controlled substance
316-26 listed in Schedule II or III; and
316-27 (2) a Class B misdemeanor if the defendant possesses a
317-1 prescription for a controlled substance listed in Schedule IV or V.
317-2 Sec. 481.131. OFFENSE: DIVERSION OF CONTROLLED SUBSTANCE
317-3 PROPERTY OR PLANT. (a) A person commits an offense if the person
317-4 intentionally or knowingly:
317-5 (1) converts to the person's own use or benefit a
317-6 controlled substance property or plant seized under Section 481.152
317-7 or 481.153; or
317-8 (2) diverts to the unlawful use or benefit of another
317-9 person a controlled substance property or plant seized under
317-10 Section 481.152 or 481.153.
317-11 (b) An offense under this section is a state jail felony <of
317-12 the third degree>.
317-13 SECTION 2.03. Section 482.002, Health and Safety Code, is
317-14 amended to read as follows:
317-15 Sec. 482.002. UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT
317-16 TO DELIVER; CRIMINAL PENALTY. (a) A person commits an offense if
317-17 the person knowingly or intentionally manufactures with the intent
317-18 to deliver or delivers a simulated controlled substance and the
317-19 person:
317-20 (1) expressly represents the substance to be a
317-21 controlled substance;
317-22 (2) represents the substance to be a controlled
317-23 substance in a manner that would lead a reasonable person to
317-24 believe that the substance is a controlled substance; or
317-25 (3) states to the person receiving or intended to
317-26 receive the simulated controlled substance that the person may
317-27 successfully represent the substance to be a controlled substance
318-1 to a third party.
318-2 (b) It is a defense to prosecution under this section that
318-3 the person manufacturing with the intent to deliver or delivering
318-4 the simulated controlled substance was:
318-5 (1) acting in the discharge of the person's official
318-6 duties as a peace officer;
318-7 (2) manufacturing the substance for or delivering the
318-8 substance to a licensed medical practitioner for use as a placebo
318-9 in the course of the practitioner's research or practice; or
318-10 (3) a licensed medical practitioner, pharmacist, or
318-11 other person authorized to dispense or administer a controlled
318-12 substance, and the person was acting in the legitimate performance
318-13 of the person's professional duties.
318-14 (c) It is not a defense to prosecution under this section
318-15 that the person manufacturing with the intent to deliver or
318-16 delivering the simulated controlled substance believed the
318-17 substance to be a controlled substance.
318-18 (d) An offense under this section is a state jail felony <of
318-19 the third degree>.
318-20 SECTION 2.04. Section 483.042, Health and Safety Code, is
318-21 amended to read as follows:
318-22 Sec. 483.042. DELIVERY OR OFFER OF DELIVERY OF DANGEROUS
318-23 DRUG. (a) A person commits an offense if the person delivers or
318-24 offers to deliver a dangerous drug:
318-25 (1) unless:
318-26 (A) the dangerous drug is delivered or offered
318-27 for delivery by a pharmacist under:
319-1 (i) a prescription issued by a
319-2 practitioner described by Section 483.001(12)(A) or (B); or
319-3 (ii) an original written prescription
319-4 issued by a practitioner described by Section 483.001(12)(C); and
319-5 (B) a label is attached to the immediate
319-6 container in which the drug is delivered or offered to be delivered
319-7 and the label contains the following information:
319-8 (i) the name and address of the pharmacy
319-9 from which the drug is delivered or offered for delivery;
319-10 (ii) the date the prescription for the
319-11 drug is dispensed;
319-12 (iii) the number of the prescription as
319-13 filed in the prescription files of the pharmacy from which the
319-14 prescription is dispensed;
319-15 (iv) the name of the practitioner who
319-16 prescribed the drug;
319-17 (v) the name of the patient and, if the
319-18 drug is prescribed for an animal, a statement of the species of the
319-19 animal; and
319-20 (vi) directions for the use of the drug as
319-21 contained in the prescription; or
319-22 (2) unless:
319-23 (A) the dangerous drug is delivered or offered
319-24 for delivery by a practitioner in the course of practice; and
319-25 (B) a label is attached to the immediate
319-26 container in which the drug is delivered or offered to be delivered
319-27 and the label contains the following information:
320-1 (i) the name and address of the
320-2 practitioner;
320-3 (ii) the date the drug is delivered;
320-4 (iii) the name of the patient and, if the
320-5 drug is prescribed for an animal, a statement of the species of the
320-6 animal; and
320-7 (iv) the name of the drug, the strength of
320-8 the drug, and directions for the use of the drug.
320-9 (b) Subsection (a) does not apply to the delivery or offer
320-10 for delivery of a dangerous drug to a person listed in Section
320-11 483.041(c) for use in the usual course of business or practice or
320-12 in the performance of official duties by the person.
320-13 (c) Proof of an offer to sell a dangerous drug must be
320-14 corroborated by a person other than the offeree or by evidence
320-15 other than a statement by the offeree.
320-16 (d) An offense under this section is a state jail felony <of
320-17 the third degree>.
320-18 SECTION 2.05. Section 483.043, Health and Safety Code, is
320-19 amended to read as follows:
320-20 Sec. 483.043. MANUFACTURE OF DANGEROUS DRUG. (a) A person
320-21 commits an offense if the person manufactures a dangerous drug and
320-22 the person is not authorized by law to manufacture the drug.
320-23 (b) An offense under this section is a state jail felony <of
320-24 the third degree>.
320-25 SECTION 2.06. Section 485.033, Health and Safety Code, is
320-26 amended to read as follows:
320-27 Sec. 485.033. DELIVERY TO A MINOR. (a) A person commits an
321-1 offense if the person intentionally, knowingly, or recklessly
321-2 delivers abusable glue or aerosol paint to a person who is younger
321-3 than 18 years of age.
321-4 (b) It is a defense to prosecution under this section that
321-5 the abusable glue or aerosol paint that was delivered contains
321-6 additive material that effectively discourages intentional abuse by
321-7 inhalation or is in compliance with rules adopted by the
321-8 commissioner under Section 485.011.
321-9 (c) It is an affirmative defense to prosecution under this
321-10 section that:
321-11 (1) the person making the delivery is an adult having
321-12 supervisory responsibility over the person younger than 18 years of
321-13 age and:
321-14 (A) the adult permits the use of the abusable
321-15 glue or aerosol paint only under the adult's direct supervision and
321-16 in the adult's presence and only for its intended purpose; and
321-17 (B) the adult removes the substance from the
321-18 person younger than 18 years of age on completion of that use; or
321-19 (2) the person to whom the abusable glue or aerosol
321-20 paint was delivered presented to the defendant an apparently valid
321-21 Texas driver's license or an identification card, issued by the
321-22 Department of Public Safety of the State of Texas and containing a
321-23 physical description consistent with the person's appearance, that
321-24 purported to establish that the person was 18 years of age or
321-25 older.
321-26 (d) Except as provided by Subsections (e) and (f), an
321-27 offense under this section is a state jail felony <of the third
322-1 degree>.
322-2 (e) An offense under this section is a Class B misdemeanor
322-3 if it is shown on the trial of the defendant that at the time of
322-4 the delivery the defendant or the defendant's employer had a glue
322-5 and paint sales permit for the location of the sale.
322-6 (f) An offense under this section is a Class A misdemeanor
322-7 if it is shown on the trial of the defendant that at the time of
322-8 the delivery the defendant or the defendant's employer:
322-9 (1) did not have a glue and paint sales permit but did
322-10 have a sales tax permit for the location of the sale; and
322-11 (2) had not been convicted previously under this
322-12 section for an offense committed after January 1, 1988.
322-13 SECTION 2.07. Sections 481.106 and 481.107, Health and
322-14 Safety Code, are repealed.
322-15 ARTICLE 3
322-16 SECTION 3.01. Article 13.25(a), Code of Criminal Procedure,
322-17 is amended to read as follows:
322-18 (a) In this section "access," "computer," "computer
322-19 network," "computer program," <and> "computer system," and "owner"
322-20 have the meanings assigned to those terms in Section 33.01, Penal
322-21 Code.
322-22 SECTION 3.02. Article 14.03(d), Code of Criminal Procedure,
322-23 is amended to read as follows:
322-24 (d) A peace officer who is outside his jurisdiction may
322-25 arrest, without warrant, a person who commits an offense within the
322-26 officer's presence or view, if the offense is a felony, <or> a
322-27 violation of Title 9, Chapter 42, Penal Code, or an offense under
323-1 Section 49.02, Penal Code. A peace officer making an arrest under
323-2 this subsection shall, as soon as practicable after making the
323-3 arrest, notify a law enforcement agency having jurisdiction where
323-4 the arrest was made. The law enforcement agency shall then take
323-5 custody of the person committing the offense and take the person
323-6 before a magistrate in compliance with Article 14.06 of this code.
323-7 SECTION 3.03. Article 102.016(a), Code of Criminal
323-8 Procedure, is amended to read as follows:
323-9 (a) A person convicted of an offense under Chapter 49
323-10 <Article 6701l1-1, Revised Statutes, Section 19.05(a)(2)>, Penal
323-11 Code, other than an offense punishable as a Class C misdemeanor, or
323-12 of an offense under the Texas Commercial Driver's License Act
323-13 (Article 6687b-2, Revised Statutes), <or Section 31.097, Parks and
323-14 Wildlife Code,> shall pay as court costs $30, in addition to other
323-15 court costs.
323-16 SECTION 3.04. Subsection (b), Article 102.081, Code of
323-17 Criminal Procedure, is amended to read as follows:
323-18 (b) A person convicted of an offense under Chapter 49, Penal
323-19 Code, other than an offense punishable as a Class C misdemeanor
323-20 <Article 6701l-1, Revised Statutes>, shall pay as a cost of court
323-21 $25.
323-22 ARTICLE 4
323-23 SECTION 4.01. Section 5(d), Article 42.12, Code of Criminal
323-24 Procedure, is amended to read as follows:
323-25 (d) This section does not apply to a defendant charged with
323-26 an offense under:
323-27 (1) Sections <Subdivision (2), Subsection (a),
324-1 Section> 19.05(a)(2), 21.11, 22.011, or 22.021, Penal Code;
324-2 (2)<, an offense under> Sections 481.107(b) through
324-3 (e), 481.122, or 481.126, Health and Safety Code;
324-4 (3)<, an offense under> Article 6701l-1, Revised
324-5 Statutes;
324-6 (4)<, an offense under> Section 34, Chapter 173, Acts
324-7 of the 47th Legislature, Regular Session, 1941 (Article 6687b,
324-8 Vernon's Texas Civil Statutes);
324-9 (5)<, an offense under> Section 32(c), Texas Motor
324-10 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
324-11 Civil Statutes); or
324-12 (6)<, or an offense under> Section 10, Texas Commercial
324-13 Driver's License Act (Article 6687b-2, Revised Statutes).
324-14 SECTION 4.02. Article 42.12, Code of Criminal Procedure, is
324-15 amended by adding Section 13A to read as follows:
324-16 Sec. 13A. SUBSTANCE ABUSE FELONY PROGRAM. (a) If a judge
324-17 requires as a condition of community supervision that an eligible
324-18 defendant serve a term of confinement and treatment in a substance
324-19 abuse treatment facility operated by the community justice
324-20 assistance division of the Texas Department of Criminal Justice,
324-21 the term must be an indeterminate term of not more than one year or
324-22 less than six months.
324-23 (b) A defendant is an eligible defendant for the purposes of
324-24 this section if:
324-25 (1) the judge makes an affirmative finding that drug
324-26 or alcohol abuse significantly contributed to the commission of the
324-27 offense; and
325-1 (2) the judge determines that the defendant meets the
325-2 eligibility criteria adopted by the Texas Board of Criminal
325-3 Justice.
325-4 SECTION 4.03. Chapter 42, Code of Criminal Procedure, is
325-5 amended by adding Article 42.1205 to read as follows:
325-6 Art. 42.1205. COMMUNITY SUPERVISION AS PUNISHMENT FOR STATE
325-7 JAIL FELONY. (a) A judge who sentences a defendant convicted of a
325-8 state jail felony may order the defendant confined in a state jail
325-9 division facility or a community corrections facility for a term of
325-10 confinement not to exceed two years or the sentence imposed,
325-11 whichever is less. In addition to imposing the term of
325-12 confinement, the judge may impose on the defendant any condition
325-13 that the judge could impose on a probationer under Article 42.12 of
325-14 this code, other than a condition requiring the defendant to submit
325-15 to a term of confinement in a county jail or community corrections
325-16 facility under Section 12, Article 42.12, of this code, or a
325-17 community corrections facility under Section 18 or 19, Article
325-18 42.12.
325-19 (b) The judge may order the defendant to serve the term of
325-20 confinement in a state jail division facility at any time during
325-21 the defendant's sentence, but the defendant may not be confined in
325-22 the facility after the date on which the sentence is discharged.
325-23 (c) If a defendant violates a condition imposed on the
325-24 defendant under Subsection (a) of this article, after a hearing
325-25 held in the same manner as a hearing under Section 24, Article
325-26 42.12, of this code, the judge may:
325-27 (1) impose any sanction on the defendant that the
326-1 court could impose on a probationer under Section 25(a)(1), (3),
326-2 (4), or (5), Article 42.12 of this code;
326-3 (2) require the defendant to submit to confinement in
326-4 a state jail division facility for any term that, when added to the
326-5 time the defendant has already served in a state jail division
326-6 facility on conviction of the offense, does not exceed two years or
326-7 the sentence imposed, whichever is less; or
326-8 (3) impose a sanction on the defendant that the judge
326-9 could impose on a probationer under Section 25(a)(6), (8), or (9),
326-10 Article 42.12, of this code if the defendant has already completed
326-11 the term of confinement in the state jail division facility on
326-12 conviction of the offense.
326-13 ARTICLE 5
326-14 SECTION 5.01. Subtitle B, Title 4, Government Code, is
326-15 amended by adding Chapter 416 to read as follows:
326-16 CHAPTER 416. TEXAS SENTENCING POLICY COMMISSION
326-17 Sec. 416.001. DEFINITION. In this chapter, "commission"
326-18 means the Texas Sentencing Policy Commission.
326-19 Sec. 416.002. TEXAS SENTENCING POLICY COMMISSION. (a) The
326-20 Texas Sentencing Policy Commission is an agency of the state.
326-21 (b) The membership of the commission consists of:
326-22 (1) five members appointed by the presiding judge of
326-23 the Texas Court of Criminal Appeals, consisting of:
326-24 (A) a district judge hearing criminal cases;
326-25 (B) a county court at law judge hearing criminal
326-26 cases;
326-27 (C) a practicing district attorney or criminal
327-1 district attorney;
327-2 (D) a practicing county attorney; and
327-3 (E) a community supervision and corrections
327-4 department officer or the director of a community supervision and
327-5 corrections department;
327-6 (2) four members appointed by the governor, consisting
327-7 of:
327-8 (A) a practicing criminal defense lawyer;
327-9 (B) a representative of victims of crime;
327-10 (C) a representative of a statewide law
327-11 enforcement organization; and
327-12 (D) a professor of law or a recognized expert in
327-13 criminology;
327-14 (3) the chairman of the criminal justice committee of
327-15 the senate or a successor committee designated by the rules of the
327-16 senate; and
327-17 (4) the chairman of the corrections committee of the
327-18 house of representatives or a successor committee designated by the
327-19 rules of the house.
327-20 Sec. 416.003. SUNSET PROVISION. The commission is subject
327-21 to Chapter 325 (Texas Sunset Act). Unless continued in existence
327-22 as provided by that chapter, the council is abolished September 1,
327-23 2005.
327-24 Sec. 416.004. TENURE OF APPOINTED MEMBER. An appointed
327-25 member of the commission serves at the pleasure of the appointing
327-26 officer.
327-27 Sec. 416.005. SERVICE ADDITIONAL DUTY OF OFFICE. Service on
328-1 the commission of a public officer or employee is an additional
328-2 duty of the office or employment.
328-3 Sec. 416.006. APPOINTMENT OF OTHER ADVISORY BODIES. The
328-4 commission may establish advisory committees it considers necessary
328-5 to accomplish the purposes of this chapter.
328-6 Sec. 416.007. COMPENSATION AND REIMBURSEMENT. A member of
328-7 the commission or an advisory committee established by the
328-8 commission serves without compensation for service on the
328-9 commission or committee but is entitled to reimbursement for actual
328-10 and necessary expenses incurred in performing commission or
328-11 committee duties.
328-12 Sec. 416.008. DUTIES. The commission shall:
328-13 (1) provide information to judges, prosecutors,
328-14 defense lawyers, and corrections professionals on changes in
328-15 sentencing law and practices;
328-16 (2) recommend standards for use of nonconfinement
328-17 sentencing alternatives;
328-18 (3) monitor felony sentencing practices and sentencing
328-19 disparity;
328-20 (4) study misdemeanor sentencing practices and release
328-21 practices;
328-22 (5) study the use of plea bargains and the relative
328-23 discretion available to prosecutors and the judiciary;
328-24 (6) recommend a uniform punishment scheme for offenses
328-25 outside of the Penal Code; and
328-26 (7) analyze criminal justice legislation and report to
328-27 the Legislative Criminal Justice Board on the:
329-1 (A) legal and policy justifications for the
329-2 legislation;
329-3 (B) appropriate ranking of offenses and
329-4 punishments created or amended by the legislation;
329-5 (C) potential population impact on the criminal
329-6 justice system of the legislation; and
329-7 (D) short-term and long-term costs of the
329-8 legislation.
329-9 Sec. 416.009. PRESIDING OFFICERS. The governor shall
329-10 appoint the chairman of the commission. The chairman shall appoint
329-11 a vice-chairman to serve in the chairman's absence.
329-12 Sec. 416.010. MEETINGS. The commission shall meet at least
329-13 quarterly and at the call of its chairman.
329-14 Sec. 416.011. CONTRACTUAL AUTHORITY. The commission may
329-15 contract with public or private entities in the performance of its
329-16 responsibilities.
329-17 Sec. 416.012. GRANTS AND DONATIONS. The commission may
329-18 accept grants and donations from public and private entities in
329-19 addition to legislative appropriations.
329-20 Sec. 416.013. EXECUTIVE DIRECTOR; STAFF. (a) The executive
329-21 director is appointed by the chairman.
329-22 (b) The executive director may employ personnel necessary to
329-23 administer the responsibilities of the commission.
329-24 SECTION 5.02. Article 37.15, Code of Criminal Procedure, is
329-25 repealed.
329-26 SECTION 5.03. The governor and the presiding judge of the
329-27 Texas Court of Criminal Appeals shall appoint their respective
330-1 appointees to the Texas Sentencing Policy Commission, as required
330-2 by Chapter 416, Government Code, as added by this article, on or
330-3 before January 1, 1994.
330-4 ARTICLE 6
330-5 SECTION 6.01. Chapter 48, Code of Criminal Procedure, is
330-6 amended by adding Article 48.05 to read as follows:
330-7 Art. 48.05. RESTORATION OF CIVIL RIGHTS. (a) An individual
330-8 convicted of a federal offense other than an offense involving
330-9 violence or the threat of violence or involving drugs or firearms
330-10 may, except as provided by Subsection (b) of this article, submit
330-11 an application for restoration of any civil rights forfeited under
330-12 the laws of this state as a result of the conviction.
330-13 (b) An individual may not apply for restoration of civil
330-14 rights under this article unless:
330-15 (1) the individual has completed the sentence for the
330-16 federal offense;
330-17 (2) the conviction occurred three or more years before
330-18 the date of application; and
330-19 (3) the individual has not been convicted at any other
330-20 time of an offense under the laws of this state, another state, or
330-21 the United States.
330-22 (c) An application for restoration of civil rights must
330-23 contain:
330-24 (1) a completed application on a form adopted by the
330-25 Board of Pardons and Paroles;
330-26 (2) three or more affidavits attesting to the good
330-27 character of the applicant; and
331-1 (3) proof that the applicant has completed the
331-2 sentence for the federal offense.
331-3 (d) The applicant must submit the application to:
331-4 (1) the sheriff of the county in which the applicant
331-5 resides at the time of application or resided at the time of
331-6 conviction of the federal offense, if the individual resided in
331-7 this state at that time; or
331-8 (2) the Board of Pardons and Paroles.
331-9 (e) If an application is submitted to a sheriff, the sheriff
331-10 shall review the application and recommend to the Board of Pardons
331-11 and Paroles whether the individual's civil rights should be
331-12 restored. If the sheriff recommends restoration of the
331-13 individual's civil rights, the board may either:
331-14 (1) concur in the recommendation and forward the
331-15 recommendation to the governor; or
331-16 (2) independently review the application to determine
331-17 whether to recommend to the governor the restoration of the
331-18 individual's civil rights.
331-19 (f) If the sheriff does not recommend the restoration of the
331-20 individual's civil rights, the individual may apply directly to the
331-21 Board of Pardons and Paroles.
331-22 (g) If an application is submitted to the Board of Pardons
331-23 and Paroles without first being submitted to a sheriff, the board
331-24 shall review the application and recommend to the governor as to
331-25 whether the individual's civil rights should be restored.
331-26 (h) The Board of Pardons and Paroles may require or obtain
331-27 additional information as necessary to perform a review under
332-1 Subsection (e)(2) or Subsection (g) of this article.
332-2 (i) On receipt from the Board of Pardons and Paroles of a
332-3 recommendation to restore the civil rights of an individual, the
332-4 governor may either grant or deny the restoration of civil rights
332-5 to the individual. If the governor grants the restoration of civil
332-6 rights to the individual, the governor shall issue a certificate of
332-7 restoration of civil rights.
332-8 (j) If an application under this article is denied by the
332-9 Board of Pardons and Paroles or the governor, the individual may
332-10 not file another application under this article before the first
332-11 anniversary of the date of the denial.
332-12 (k) A restoration of civil rights under this article is a
332-13 form of pardon that restores all civil rights under the laws of
332-14 this state that an individual forfeits as a result of the
332-15 individual's conviction of a federal offense, except as
332-16 specifically provided in the certificate of restoration.
332-17 ARTICLE 7
332-18 SECTION 7.01. (a) The change in law made by this Act
332-19 applies only to an offense committed on or after the effective date
332-20 of this Act. For purposes of this section, an offense is committed
332-21 before the effective date of this Act if any element of the offense
332-22 occurs before the effective date.
332-23 (b) An offense committed before the effective date of this
332-24 Act is covered by the law in effect when the offense was committed,
332-25 and the former law is continued in effect for that purpose.
332-26 SECTION 7.02. This Act takes effect September 1, 1994,
332-27 except that Section 16.02(i), Penal Code, as added by Section 1.01
333-1 of this Act, and Sections 1.02, 1.06, and 1.16 and Articles 5 and 6
333-2 of this Act take effect September 1, 1993.
333-3 SECTION 7.03. The importance of this legislation and the
333-4 crowded condition of the calendars in both houses create an
333-5 emergency and an imperative public necessity that the
333-6 constitutional rule requiring bills to be read on three several
333-7 days in each house be suspended, and this rule is hereby suspended.