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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
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ARTICLE 1. PURPOSE
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No
equivalent provision.
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SECTION 1.01. PURPOSE. The
purpose of this Act is to implement the recommendations of the commission
created by Section 29, Chapter 1251 (H.B. 1396), Acts of the 84th
Legislature, Regular Session, 2015, and to authorize additional review of
the penal laws described by Section 2.01(a) of this Act.
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No
equivalent provision.
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ARTICLE 2. COMMISSION TO
STUDY CERTAIN PENAL LAWS
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SECTION 1. COMMISSION TO
STUDY CERTAIN PENAL LAWS. (a) A commission is created to study and review
all penal laws of this state other than criminal offenses:
(1) under the Penal Code;
(2) under Chapter 481,
Health and Safety Code; or
(3) related to the operation
of a motor vehicle.
(b) The commission shall:
(1) evaluate all laws
described by Subsection (a) of this section; and
(2) make recommendations to
the legislature regarding the repeal or amendment of laws that are
identified as being unnecessary, unclear, duplicative, overly broad, or
otherwise insufficient to serve the intended purpose of the law, including
the laws identified by the commission created by Section 29, Chapter 1251
(H.B. 1396), Acts of the 84th Legislature, Regular Session, 2015, as
requiring additional review.
(c) The commission is
composed of nine members appointed as follows:
(1) two members appointed by
the governor;
(2) two members appointed by
the lieutenant governor;
(3) two members appointed by
the speaker of the house of representatives;
(4) two members appointed by
the chief justice of the Supreme Court of Texas; and
(5) one member appointed by
the presiding judge of the Texas Court of Criminal Appeals.
(d) The officials making
appointments to the commission under Subsection (c) of this section shall
ensure that the membership of the commission includes representatives of
all areas of the criminal justice system, including prosecutors, defense
attorneys, judges, legal scholars, and relevant business interests.
(e) The governor shall
designate one member of the commission to serve as the presiding officer of
the commission.
(f) A member of the
commission is not entitled to compensation or reimbursement of expenses.
(g) The commission shall
meet at the call of the presiding officer.
(h) Not later than November
1, 2018, the commission shall report the commission's findings and
recommendations to the governor, the lieutenant governor, the speaker of
the house of representatives, the Supreme Court of Texas, the Texas Court
of Criminal Appeals, and the standing committees of the house of
representatives and the senate with primary jurisdiction over criminal
justice. The commission shall include in its recommendations any specific
statutes that the commission recommends repealing or amending.
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SECTION 2.01. COMMISSION TO
STUDY CERTAIN PENAL LAWS. (a) A commission is created to study and review
all penal laws of this state other than criminal offenses:
(1) under the Penal Code;
(2) under Chapter 481,
Health and Safety Code; or
(3) related to the operation
of a motor vehicle.
(b) The commission shall:
(1) evaluate all laws
described by Subsection (a) of this section;
(2) make recommendations to
the legislature regarding the repeal or amendment of laws that are
identified as being unnecessary, unclear, duplicative, overly broad, or
otherwise insufficient to serve the intended purpose of the law, including
the laws identified by the commission created by Section 29, Chapter 1251
(H.B. 1396), Acts of the 84th Legislature, Regular Session, 2015, as
requiring additional review; and
(3)
evaluate the recommendations made by the commission created by Section 29,
Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular Session,
2015.
(c) The commission is
composed of nine members appointed as follows:
(1) two members appointed by
the governor;
(2) two members appointed by
the lieutenant governor;
(3) two members appointed by
the speaker of the house of representatives;
(4) two members appointed by
the chief justice of the Supreme Court of Texas; and
(5) one member appointed by
the presiding judge of the Texas Court of Criminal Appeals.
(d) The officials making
appointments to the commission under Subsection (c) of this section shall
ensure that the membership of the commission includes representatives of
all areas of the criminal justice system, including prosecutors, defense
attorneys, judges, legal scholars, and relevant business interests.
(e) The governor shall
designate one member of the commission to serve as the presiding officer of
the commission.
(f) A member of the
commission is not entitled to compensation or reimbursement of expenses.
(g) The commission shall
meet at the call of the presiding officer.
(h) Not later than November
1, 2018, the commission shall report the commission's findings and
recommendations to the governor, the lieutenant governor, the speaker of
the house of representatives, the Supreme Court of Texas, the Texas Court
of Criminal Appeals, and the standing committees of the house of
representatives and the senate with primary jurisdiction over criminal
justice. The commission shall include in its recommendations any specific
statutes that the commission recommends repealing or amending.
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SECTION 2. APPOINTMENT OF
MEMBERS. Not later than the 60th day after the effective date of this Act,
the governor, the lieutenant governor, the speaker of the house of
representatives, the chief justice of the Supreme Court of Texas, and the
presiding judge of the Texas Court of Criminal Appeals shall appoint the
members of the commission created under this Act.
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SECTION 2.02. Substantially
the same as introduced version.
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SECTION 3. ABOLITION OF
COMMISSION. The commission is abolished and this Act expires December 31,
2018.
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SECTION 2.03. Substantially
the same as introduced version.
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No
equivalent provision.
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ARTICLE 3. MISCELLANEOUS
AMENDMENTS RELATING TO CRIMINAL OFFENSES
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No
equivalent provision.
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SECTION 3.01. Section
17.46(b), Business & Commerce Code, as amended by Chapters 1023 (H.B.
1265) and 1080 (H.B. 2573), Acts of the 84th Legislature, Regular Session,
2015, is reenacted and amended to read as follows:
(b) Except as provided in
Subsection (d) of this section, the term "false, misleading, or
deceptive acts or practices" includes, but is not limited to, the
following acts:
(1) passing off goods or
services as those of another;
(2) causing confusion or
misunderstanding as to the source, sponsorship, approval, or certification
of goods or services;
(3) causing confusion or
misunderstanding as to affiliation, connection, or association with, or
certification by, another;
(4) using deceptive
representations or designations of geographic origin in connection with
goods or services;
(5) representing that goods
or services have sponsorship, approval, characteristics, ingredients, uses,
benefits, or quantities which they do not have or that a person has a
sponsorship, approval, status, affiliation, or connection which the person
does not;
(6) representing that goods
are original or new if they are deteriorated, reconditioned, reclaimed,
used, or secondhand;
(7) representing that goods
or services are of a particular standard, quality, or grade, or that goods
are of a particular style or model, if they are of another;
(8) disparaging the goods,
services, or business of another by false or misleading representation of
facts;
(9) advertising goods or
services with intent not to sell them as advertised;
(10) advertising goods or
services with intent not to supply a reasonable expectable public demand,
unless the advertisements disclosed a limitation of quantity;
(11) making false or
misleading statements of fact concerning the reasons for, existence of, or
amount of price reductions;
(12) representing that an
agreement confers or involves rights, remedies, or obligations which it
does not have or involve, or which are prohibited by law;
(13) knowingly making false
or misleading statements of fact concerning the need for parts,
replacement, or repair service;
(14) misrepresenting the
authority of a salesman, representative or agent to negotiate the final
terms of a consumer transaction;
(15) basing a charge for the
repair of any item in whole or in part on a guaranty or warranty instead of
on the value of the actual repairs made or work to be performed on the item
without stating separately the charges for the work and the charge for the
warranty or guaranty, if any;
(16) disconnecting, turning
back, or resetting the odometer of any motor vehicle so as to reduce the
number of miles indicated on the odometer gauge;
(17) advertising of any sale
by fraudulently representing that a person is going out of business;
(18) advertising, selling,
or distributing a card which purports to be a prescription drug
identification card issued under Section 4151.152, Insurance Code, in
accordance with rules adopted by the commissioner of insurance, which
offers a discount on the purchase of health care goods or services from a
third party provider, and which is not evidence of insurance coverage,
unless:
(A) the discount is
authorized under an agreement between the seller of the card and the
provider of those goods and services or the discount or card is offered to
members of the seller;
(B) the seller does not represent
that the card provides insurance coverage of any kind; and
(C) the discount is not
false, misleading, or deceptive;
(19) using or employing a
chain referral sales plan in connection with the sale or offer to sell of
goods, merchandise, or anything of value, which uses the sales technique,
plan, arrangement, or agreement in which the buyer or prospective buyer is
offered the opportunity to purchase merchandise or goods and in connection
with the purchase receives the seller's promise or representation that the
buyer shall have the right to receive compensation or consideration in any
form for furnishing to the seller the names of other prospective buyers if
receipt of the compensation or consideration is contingent upon the
occurrence of an event subsequent to the time the buyer purchases the
merchandise or goods;
(20) representing that a
guaranty or warranty confers or involves rights or remedies which it does
not have or involve, provided, however, that nothing in this subchapter
shall be construed to expand the implied warranty of merchantability as
defined in Sections 2.314 through 2.318 and Sections 2A.212 through 2A.216
to involve obligations in excess of those which are appropriate to the
goods;
(21) promoting a pyramid
promotional scheme, as defined by Section 32.55, Penal Code [Section
17.461];
(22) representing that work
or services have been performed on, or parts replaced in, goods when the
work or services were not performed or the parts replaced;
(23) filing suit founded
upon a written contractual obligation of and signed by the defendant to pay
money arising out of or based on a consumer transaction for goods,
services, loans, or extensions of credit intended primarily for personal,
family, household, or agricultural use in any county other than in the
county in which the defendant resides at the time of the commencement of
the action or in the county in which the defendant in fact signed the
contract; provided, however, that a violation of this subsection shall not
occur where it is shown by the person filing such suit that the person
neither knew or had reason to know that the county in which such suit was
filed was neither the county in which the defendant resides at the
commencement of the suit nor the county in which the defendant in fact
signed the contract;
(24) failing to disclose
information concerning goods or services which was known at the time of the
transaction if such failure to disclose such information was intended to
induce the consumer into a transaction into which the consumer would not
have entered had the information been disclosed;
(25) using the term
"corporation," "incorporated," or an abbreviation of
either of those terms in the name of a business entity that is not
incorporated under the laws of this state or another jurisdiction;
(26) selling, offering to
sell, or illegally promoting an annuity contract under Chapter 22, Acts of
the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's
Texas Civil Statutes), with the intent that the annuity contract will be
the subject of a salary reduction agreement, as defined by that Act, if the
annuity contract is not an eligible qualified investment under that Act or
is not registered with the Teacher Retirement System of Texas as required
by Section 8A of that Act;
(27) taking advantage of a
disaster declared by the governor under Chapter 418, Government Code, by:
(A) selling or leasing fuel,
food, medicine, or another necessity at an exorbitant or excessive price;
or
(B) demanding an exorbitant
or excessive price in connection with the sale or lease of fuel, food,
medicine, or another necessity;
(28) using the translation
into a foreign language of a title or other word, including
"attorney," "lawyer," "licensed,"
"notary," and "notary public," in any written or
electronic material, including an advertisement, a business card, a
letterhead, stationery, a website, or an online video, in reference to a
person who is not an attorney in order to imply that the person is
authorized to practice law in the United States;
(29) [(28)]
delivering or distributing a solicitation in connection with a good or
service that:
(A) represents that the
solicitation is sent on behalf of a governmental entity when it is not; or
(B) resembles a governmental
notice or form that represents or implies that a criminal penalty may be
imposed if the recipient does not remit payment for the good or service;
(30) [(29)]
delivering or distributing a solicitation in connection with a good or
service that resembles a check or other negotiable instrument or invoice,
unless the portion of the solicitation that resembles a check or other
negotiable instrument or invoice includes the following notice, clearly and
conspicuously printed in at least 18-point type:
"SPECIMEN-NON-NEGOTIABLE";
(31) [(30)] in
the production, sale, distribution, or promotion of a synthetic substance
that produces and is intended to produce an effect when consumed or
ingested similar to, or in excess of, the effect of a controlled substance
or controlled substance analogue, as those terms are defined by Section
481.002, Health and Safety Code:
(A) making a deceptive
representation or designation about the synthetic substance; or
(B) causing confusion or
misunderstanding as to the effects the synthetic substance causes when
consumed or ingested; or
(32) [(31)] a
licensed public insurance adjuster directly or indirectly soliciting
employment, as defined by Section 38.01, Penal Code, for an attorney, or a
licensed public insurance adjuster entering into a contract with an insured
for the primary purpose of referring the insured to an attorney without the
intent to actually perform the services customarily provided by a licensed
public insurance adjuster, provided that this subdivision may not be
construed to prohibit a licensed public insurance adjuster from
recommending a particular attorney to an insured.
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No
equivalent provision.
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SECTION 3.02. Section
17.461, Business & Commerce Code, is transferred to Subchapter D,
Chapter 32, Penal Code, and redesignated as Section 32.55, Penal Code, to
read as follows:
Sec. 32.55 [17.461].
PYRAMID PROMOTIONAL SCHEME. (a) In this section:
(1) "Compensation"
means payment of money, a financial benefit, or another thing of value.
The term does not include payment based on sale of a product to a person,
including a participant, who purchases the product for actual use or
consumption.
(2)
"Consideration" means the payment of cash or the purchase of a
product. The term does not include:
(A) a purchase of a product
furnished at cost to be used in making a sale and not for resale;
(B) a purchase of a product
subject to a repurchase agreement that complies with Subsection (b); or
(C) time and effort spent in
pursuit of a sale or in a recruiting activity.
(3) "Participate"
means to contribute money into a pyramid promotional scheme without
promoting, organizing, or operating the scheme.
(4) "Product"
means a good, a service, or intangible property of any kind.
(5) "Promoting a
pyramid promotional scheme" means:
(A) inducing or attempting
to induce one or more other persons to participate in a pyramid promotional
scheme; or
(B) assisting another person
in inducing or attempting to induce one or more other persons to
participate in a pyramid promotional scheme, including by providing
references.
(6) "Pyramid
promotional scheme" means a plan or operation by which a person gives
consideration for the opportunity to receive compensation that is derived
primarily from a person's introduction of other persons to participate in
the plan or operation rather than from the sale of a product by a person
introduced into the plan or operation.
(b) To qualify as a
repurchase agreement for the purposes of Subsection (a)(2)(B), an agreement
must be an enforceable agreement by the seller to repurchase, on written
request of the purchaser and not later than the first anniversary of the
purchaser's date of purchase, all unencumbered products that are in an
unused, commercially resalable condition at a price not less than 90
percent of the amount actually paid by the purchaser for the products being
returned, less any consideration received by the purchaser for purchase of
the products being returned. A product that is no longer marketed by the
seller is considered resalable if the product is otherwise in an unused,
commercially resalable condition and is returned to the seller not later
than the first anniversary of the purchaser's date of purchase, except that
the product is not considered resalable if before the purchaser purchased
the product it was clearly disclosed to the purchaser that the product was
sold as a nonreturnable, discontinued, seasonal, or special promotion item.
(c) A person commits an
offense if the person contrives, prepares, establishes, operates,
advertises, sells, or promotes a pyramid promotional scheme. An offense
under this subsection is a state jail felony.
(d) It is not a defense to
prosecution for an offense under this section that the pyramid promotional
scheme involved both a franchise to sell a product and the authority to
sell additional franchises if the emphasis of the scheme is on the sale of
additional franchises.
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No
equivalent provision.
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SECTION 3.03. Sections
522.001 and 522.002, Business & Commerce Code, are transferred to
Subchapter D, Chapter 32, Penal Code, redesignated as Section 32.511, Penal
Code, and amended to read as follows:
Sec. 32.511 [522.001].
IDENTITY THEFT BY ELECTRONIC DEVICE [DEFINITIONS]. (a)
In this section [chapter]:
(1) "Payment card"
means a credit card, debit card, check card, or other card that is issued
to an authorized user to purchase or obtain goods, services, money, or any
other thing of value.
(2) "Re-encoder"
means an electronic device that can be used to transfer encoded information
from a magnetic strip on a payment card onto the magnetic strip of a
different payment card.
(3) "Scanning
device" means an electronic device used to access, read, scan, or
store information encoded on the magnetic strip of a payment card.
(b) [Sec.
522.002. OFFENSE; PENALTY. (a)] A person commits an offense if the
person uses a scanning device or re-encoder to access, read, scan, store,
or transfer information encoded on the magnetic strip of a payment card
without the consent of an authorized user of the payment card and with intent
to harm or defraud another.
(c) [(b)] An
offense under this section is a Class B misdemeanor, except that the
offense is a state jail felony if the information accessed, read, scanned,
stored, or transferred was protected health information as defined by the
Health Insurance Portability and Accountability Act and Privacy Standards,
as defined by Section 181.001, Health and Safety Code.
(d) [(c)] If
conduct that constitutes an offense under this section also constitutes an
offense under any other law, the actor may be prosecuted under this section
or the other law.
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No
equivalent provision.
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SECTION 3.04. Article
18.18(g), Code of Criminal Procedure, is amended to read as follows:
(g) For purposes of this
article:
(1) "criminal
instrument" has the meaning defined in the Penal Code;
(2) "gambling device or
equipment, altered gambling equipment or gambling paraphernalia" has
the meaning defined in the Penal Code;
(3) "prohibited
weapon" has the meaning defined in the Penal Code;
(4) "dog-fighting equipment"
means:
(A) equipment used for
training or handling a fighting dog, including a harness, treadmill, cage,
decoy, pen, house for keeping a fighting dog, feeding apparatus, or
training pen;
(B) equipment used for
transporting a fighting dog, including any automobile, or other vehicle,
and its appurtenances which are intended to be used as a vehicle for
transporting a fighting dog;
(C) equipment used to
promote or advertise an exhibition of dog fighting, including a printing
press or similar equipment, paper, ink, or photography equipment; or
(D) a dog trained, being
trained, or intended to be used to fight with another dog;
(5) "obscene
device" and "obscene" have the meanings assigned by Section
43.21, Penal Code;
(6) "re-encoder"
has the meaning assigned by Section 32.511, Penal [522.001,
Business & Commerce] Code;
(7) "scanning
device" has the meaning assigned by Section 32.511, Penal [522.001,
Business & Commerce] Code; and
(8) "obscene
material" and "child pornography" include digital images and
the media and equipment on which those images are stored.
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No
equivalent provision.
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SECTION 3.05. Article
59.01(2), Code of Criminal Procedure, is amended to read as follows:
(2) "Contraband"
means property of any nature, including real, personal, tangible, or
intangible, that is:
(A) used in the commission
of:
(i) any first or second
degree felony under the Penal Code;
(ii) any felony under
Section 15.031(b), 20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30,
31, 32, 33, 33A, or 35, Penal Code;
(iii) any felony under The
Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(iv) any offense under
Chapter 49, Penal Code, that is punishable as a felony of the third degree
or state jail felony, if the defendant has been previously convicted three
times of an offense under that chapter;
(B) used or intended to be
used in the commission of:
(i) any felony under Chapter
481, Health and Safety Code (Texas Controlled Substances Act);
(ii) any felony under
Chapter 483, Health and Safety Code;
(iii) a felony under Chapter
151, Finance Code;
(iv) any felony under
Chapter 34, Penal Code;
(v) a Class A misdemeanor
under Subchapter B, Chapter 365, Health and Safety Code, if the defendant
has been previously convicted twice of an offense under that subchapter;
(vi) any felony under
Chapter 32, Human Resources Code, or Chapter 31, 32, 35A, or 37, Penal
Code, that involves the state Medicaid program;
(vii) a Class B misdemeanor
under Section 32.511, Penal [Chapter 522, Business & Commerce]
Code;
(viii) a Class A misdemeanor
under Section 306.051, Business & Commerce Code;
(ix) any offense under
Section 42.10, Penal Code;
(x) any offense under
Section 46.06(a)(1) or 46.14, Penal Code;
(xi) any offense under
Chapter 71, Penal Code;
(xii) any offense under
Section 20.05 or 20.06, Penal Code; or
(xiii) an offense under
Section 326.002, Business & Commerce Code;
(C) the proceeds gained from
the commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi)
of this subdivision, or a crime of violence;
(D) acquired with proceeds
gained from the commission of a felony listed in Paragraph (A) or (B) of
this subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), or
(xi) of this subdivision, or a crime of violence;
(E) used to facilitate or
intended to be used to facilitate the commission of a felony under Section
15.031 or 43.25, Penal Code; or
(F) used to facilitate or
intended to be used to facilitate the commission of a felony under Section
20A.02 or Chapter 43, Penal Code.
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No
equivalent provision.
|
SECTION 3.06. Sections
557.001 and 557.011, Government Code, are transferred to Chapter 40, Penal
Code, as added by this Act, redesignated as Sections 40.01 and 40.02, Penal
Code, respectively, and amended to read as follows:
Sec. 40.01 [557.001].
SEDITION. (a) A person commits an offense if the person knowingly:
(1) commits, attempts to
commit, or conspires with one or more persons to commit an act intended to
overthrow, destroy, or alter the constitutional form of government of this
state or of any political subdivision of this state by force or violence;
(2) under circumstances that
constitute a clear and present danger to the security of this state or a
political subdivision of this state, advocates, advises, or teaches or
conspires with one or more persons to advocate, advise, or teach a person
to commit or attempt to commit an act described in Subdivision (1); or
(3) participates, with
knowledge of the nature of the organization, in the management of an
organization that engages in or attempts to engage in an act intended to
overthrow, destroy, or alter the constitutional form of government of this
state or of any political subdivision of this state by force or violence.
(b) An offense under this
section is a felony of the second degree [punishable by:
[(1) a fine not to exceed
$20,000;
[(2) confinement in the
Texas Department of Criminal Justice for a term of not less than one year or
more than 20 years; or
[(3) both fine and
imprisonment].
(c) A person convicted of an
offense under this section may not receive community supervision under
Chapter 42A, Code of Criminal Procedure.
Sec. 40.02 [557.011].
SABOTAGE. (a) A person commits an offense if the person, with the intent
to injure the United States, this state, or any facility or property used
for national defense sabotages or attempts to sabotage any property or
facility used or to be used for national defense.
(b) An offense under this
section is a felony of the second degree [punishable by
confinement in the Texas Department of Criminal Justice for a term of not
less than two years or more than 20 years].
(c) If conduct constituting
an offense under this section also constitutes an offense under another
provision of law, the actor may be prosecuted under both sections.
(d) In this section,
"sabotage" means to wilfully and maliciously damage or destroy
property.
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No
equivalent provision.
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SECTION 3.07. Section
557.002, Government Code, is amended to read as follows:
Sec. 557.002.
DISQUALIFICATION. A person who is finally convicted of an offense under
Section 40.01, Penal Code, [557.001] may not hold office or a
position of profit, trust, or employment with the state or any political
subdivision of the state.
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No
equivalent provision.
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SECTION 3.08. Section
3101.010(b), Government Code, is amended to read as follows:
(b) An offense under this
section is a misdemeanor and on conviction is punishable by[:
[(1)] a fine of not less
than $5 or more than $300[;
[(2) confinement in the
county jail for a term not to exceed three months; or
[(3) both a fine and
confinement].
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No
equivalent provision.
|
SECTION 3.09. Section
615.002(e), Local Government Code, is amended to read as follows:
(e) A person commits an
offense if the person violates a parking rule adopted under this section.
An offense under this subsection is a Class C misdemeanor [punishable
by a fine of not less than $1 nor more than $20].
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No
equivalent provision.
|
SECTION 3.10. Section
11.074(b), Natural Resources Code, is amended to read as follows:
(b) Any owner of stock or a
[his] manager, agent, employee, or servant of the owner who
fences, uses, occupies, or appropriates by herding or line-riding any
portion of the land covered by Subsection (a) [of this section]
without a lease for the land commits an offense. An offense under this
section is a Class C misdemeanor[, on conviction, shall be fined not
less than $100 nor more than $1,000 and confined in the county jail for not
less than three months nor more than two years]. Each day for which a
violation continues constitutes a separate offense.
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|
No
equivalent provision.
|
SECTION 3.11. Section
88.134(b), Natural Resources Code, is amended to read as follows:
(b) A person who violates
any [other] provision of this chapter other than those covered by
Subsection (a), a person who fails to comply with any of the other terms of
this chapter, a person who fails to comply with the terms of a rule or
order adopted by the governmental agency under the terms of this chapter,
or a person who violates any of the rules or orders of the governmental
agency adopted under the provisions of this chapter commits an offense.
An offense under this subsection is a felony of the third degree [on
conviction is considered guilty of a felony and on conviction shall be
punished by imprisonment in the Texas Department of Criminal Justice for a
term of not less than two nor more than four years].
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No
equivalent provision.
|
SECTION 3.12. Section
114.102(b), Natural Resources Code, is amended to read as follows:
(b) An offense under this
section is a Class A misdemeanor [felony of the third degree].
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|
No
equivalent provision.
|
SECTION 3.13. Section
264.151(a), Occupations Code, is amended to read as follows:
(a) A person commits an
offense if the person violates Section 256.001. An offense under this
subsection is a felony of the third degree. [Each day of a violation is
a separate offense.]
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No
equivalent provision.
|
SECTION 3.14. Section
266.303, Occupations Code, is amended by amending Subsection (b) and adding
Subsection (b-1) to read as follows:
(b) An offense for a
violation of Section 266.151 is a Class A misdemeanor, except that the
offense is a felony of the third degree if it is shown on the trial of the
offense that the defendant has previously been convicted of an offense for
a violation of Section 266.151.
(b-1) An offense for a
violation of [or] Section 266.301(b) is a Class A
misdemeanor, except that the offense is a felony of the third degree if
it is shown on the trial of the offense that the defendant has previously
been convicted of an offense for a violation of Section 266.301(b).
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No
equivalent provision.
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SECTION 3.15. Section
1701.553(b), Occupations Code, is amended to read as follows:
(b) An offense under
Subsection (a) is a Class A misdemeanor [state jail felony].
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No
equivalent provision.
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SECTION 3.16. Subchapter E,
Chapter 1802, Occupations Code, is amended by adding Section 1802.2025 to
read as follows:
Sec. 1802.2025. FRIVOLOUS
CLAIMS; CIVIL PENALTY. (a) A person may not, for personal benefit or to
harm another:
(1) institute a claim
under this chapter in which the person knows the person has no interest; or
(2) institute a frivolous
suit or claim that the person knows is false.
(b) A person who violates
Subsection (a) is subject to a civil penalty under Section 51.352.
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No
equivalent provision.
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SECTION 3.17. Section
2155.002(d), Occupations Code, is amended to read as follows:
(d) An offense under
Subsection (a) or (c) is a misdemeanor punishable by[:
[(1)] a fine of not
less than $25 or more than $100[;
[(2) confinement in jail
for a term not to exceed 30 days; or
[(3) both a fine and
confinement].
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No
equivalent provision.
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SECTION 3.18. Section
2156.006, Occupations Code, is amended to read as follows:
Sec. 2156.006. FORFEITURE OF
LEASE. A theater's lessee or a lessee's assigns forfeit the lease and any
rights and privileges under the lease if the person[:
[(1)] does not comply
with the law governing theaters[; or
[(2) is convicted of an
offense under Section 2156.005].
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No
equivalent provision.
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SECTION 3.19. Section
32.153(a), Parks and Wildlife Code, is amended to read as follows:
(a) A person commits an
offense if the person violates:
(1) Section 32.051;
(2) [Section 32.053(b);
[(3)] Section 32.056;
(3) [(4) Section
32.057(d);
[(5)] Section 32.101;
(4) [(6)]
Section 32.104;
(5) [(7)]
Section 32.105;
(6) [(8)]
Section 32.106;
(7) [(9)]
Section 32.107; or
(8) [(10)] Section
32.108.
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No
equivalent provision.
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SECTION 3.20. Section
62.013, Parks and Wildlife Code, is amended to read as follows:
Sec. 62.013. PENALTIES.
(a) Except as provided by Subsections (b), (b-1), and (c) of this
section, a person who violates a provision of this subchapter commits an
offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) A person who violates
Section 62.003, 62.004, [62.005,] 62.0065, 62.011(c), or 350.001 or
a rule adopted under Section 62.0065 commits an offense that is a Class A
Parks and Wildlife Code misdemeanor, unless it is shown at the trial of the
defendant for a violation of that section or rule, as appropriate, that the
defendant has been convicted one or more times before the trial date of a
violation of that section or rule, as appropriate, in which case the
offense is a Parks and Wildlife Code state jail felony.
(b-1) A person who
violates Section 62.005 commits an offense that is a:
(1) Class C Parks and
Wildlife Code misdemeanor if the person commits the offense recklessly;
(2) Class A Parks and
Wildlife Code misdemeanor if the person intentionally or knowingly commits
the offense; or
(3) Parks and Wildlife
Code state jail felony if it is shown at the trial of the defendant for a
violation of that section that the defendant has been convicted one or more
times before the trial date of a violation of that section.
(c) In addition to the
punishments provided in Subsections (a), [and] (b), and
(b-1), a person who violates Section 62.003, 62.004, 62.005, 62.0065,
62.011(c), or 350.001 or a rule adopted under Section 62.0065 is punishable
by the revocation or suspension under Section 12.5015 of hunting and
fishing licenses and permits.
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No
equivalent provision.
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SECTION 3.21. Section
76.040, Parks and Wildlife Code, is amended by amending Subsection (b) and
adding Subsection (b-1) to read as follows:
(b) A person who violates
Section 76.037 [or Section 76.038 of this code] commits an offense
that is a Class B Parks and Wildlife Code misdemeanor.
(b-1) A person who
violates Section 76.038 commits an offense that is a:
(1) Class C Parks and
Wildlife Code misdemeanor if the person commits the offense recklessly; or
(2) Class B Parks and
Wildlife Code misdemeanor if the person intentionally or knowingly commits
the offense.
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No
equivalent provision.
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SECTION 3.22. Section
76.118, Parks and Wildlife Code, is amended by amending Subsections (a),
(b), and (c) and adding Subsection (a-1) to read as follows:
(a) Except as provided in
Subsections (a-1), (b), and (c) of this section, a person who
violates a provision of this subchapter or a regulation of the commission
issued under this subchapter commits an offense that is a Class C Parks and
Wildlife Code misdemeanor.
(a-1) A person who
violates Section 76.101 or 76.109 or a regulation of the commission issued
under one of those sections commits an offense that is a:
(1) Class C Parks and
Wildlife Code misdemeanor if the person commits the offense recklessly; or
(2) Class B Parks and
Wildlife Code misdemeanor if the person intentionally or knowingly commits
the offense.
(b) A person who violates
Section [76.101,] 76.107[, or 76.109] or a regulation of the
commission issued under that section [one of those sections]
commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
(c) A person who violates
Section 76.116, or at the same time violates Sections 76.109 and 76.116,
commits an offense that is a:
(1) Class B Parks and
Wildlife Code misdemeanor if the person commits the offense recklessly; or
(2) Class A Parks and
Wildlife Code misdemeanor if the person intentionally or knowingly
commits the offense.
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No
equivalent provision.
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SECTION 3.23. Section
77.061(b), Parks and Wildlife Code, is amended to read as follows:
(b) Notwithstanding the
provisions of Subchapter E, Chapter 12, of this code, a person who violates
Subdivision (1) of Subsection (a) of this section or Section 77.024 of this
code commits an offense that is a:
(1) Class C Parks and
Wildlife Code misdemeanor if the person commits the offense recklessly; or
(2) Class B Parks and
Wildlife Code misdemeanor if the person intentionally or knowingly commits
the offense [and on conviction is punishable by a fine of not less
than $2,500 nor more than $5,000, by confinement in the county jail for not
less than six months nor more than one year, or by both].
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No
equivalent provision.
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SECTION 3.24. Section
19.03(a), Penal Code, is amended to read as follows:
(a) A person commits an offense
if the person commits murder as defined under Section 19.02(b)(1) and:
(1) the person murders a
peace officer or fireman who is acting in the lawful discharge of an
official duty and who the person knows is a peace officer or fireman;
(2) the person intentionally
commits the murder in the course of committing or attempting to commit
kidnapping, burglary, robbery, aggravated sexual assault, arson,
obstruction or retaliation, sabotage, or terroristic threat under
Section 22.07(a)(1), (3), (4), (5), or (6);
(3) the person commits the
murder for remuneration or the promise of remuneration or employs another
to commit the murder for remuneration or the promise of remuneration;
(4) the person commits the
murder while escaping or attempting to escape from a penal institution;
(5) the person, while
incarcerated in a penal institution, murders another:
(A) who is employed in the
operation of the penal institution; or
(B) with the intent to
establish, maintain, or participate in a combination or in the profits of a
combination;
(6) the person:
(A) while incarcerated for
an offense under this section or Section 19.02, murders another; or
(B) while serving a sentence
of life imprisonment or a term of 99 years for an offense under Section
20.04, 22.021, or 29.03, murders another;
(7) the person murders more
than one person:
(A) during the same criminal
transaction; or
(B) during different
criminal transactions but the murders are committed pursuant to the same
scheme or course of conduct;
(8) the person murders an
individual under 10 years of age; or
(9) the person murders
another person in retaliation for or on account of the service or status of
the other person as a judge or justice of the supreme court, the court of
criminal appeals, a court of appeals, a district court, a criminal district
court, a constitutional county court, a statutory county court, a justice
court, or a municipal court.
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No
equivalent provision.
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SECTION 3.25. Section
37.10(c)(2), Penal Code, is amended to read as follows:
(2) An offense under this
section is a felony of the third degree if it is shown on the trial of the
offense that the governmental record was:
(A) a public school record,
report, or assessment instrument required under Chapter 39, Education Code,
a public school record, form, report, or budget required under Chapter
42, Education Code, or a rule adopted under that chapter, data reported
for a school district or open-enrollment charter school to the Texas
Education Agency through the Public Education Information Management System
(PEIMS) described by Section 42.006, Education Code, under a law or rule
requiring that reporting, or a license, certificate, permit, seal, title,
letter of patent, or similar document issued by government, by another
state, or by the United States, unless the actor's intent is to defraud or
harm another, in which event the offense is a felony of the second degree;
(B) a written report of a
medical, chemical, toxicological, ballistic, or other expert examination or
test performed on physical evidence for the purpose of determining the
connection or relevance of the evidence to a criminal action;
(C) a written report of the
certification, inspection, or maintenance record of an instrument,
apparatus, implement, machine, or other similar device used in the course
of an examination or test performed on physical evidence for the purpose of
determining the connection or relevance of the evidence to a criminal
action; or
(D) a search warrant issued
by a magistrate.
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No
equivalent provision.
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SECTION 3.26. Title 8, Penal
Code, is amended by adding Chapter 40, and a heading is added to that
chapter to read as follows:
CHAPTER 40. SEDITION AND
SABOTAGE
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No
equivalent provision.
|
SECTION 3.27. Section
154.517, Tax Code, is amended to read as follows:
Sec. 154.517. FELONY OR
MISDEMEANOR. (a) An offense under Section [Sections]
154.511, 154.512, 154.514, 154.515, or [through] 154.516 is a
felony of the third degree.
(b) An offense under
Section 154.513 is a Class A misdemeanor unless it is shown on the trial of
the offense that the person has been previously convicted of an offense
under that section, in which event the offense is a felony of the third
degree.
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No
equivalent provision.
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SECTION 3.28. Section
155.208, Tax Code, is amended to read as follows:
Sec. 155.208. MISDEMEANOR. (a)
An offense under Section 155.202, 155.204, 155.205, 155.206, or 155.207
[Sections 155.202-155.207] is a Class A misdemeanor.
(b) An offense under
Section 155.203 is a Class C misdemeanor unless it is shown on the trial of
the offense that the person has been previously convicted of an offense
under that section, in which event the offense is a Class A misdemeanor.
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No
equivalent provision.
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SECTION 3.29. Section
155.213, Tax Code, is amended to read as follows:
Sec. 155.213. FELONY OR
MISDEMEANOR. (a) An offense under Section 155.210 or
155.212 [Sections 155.209-155.212] is a felony of the third
degree.
(b) An offense under
Section 155.209 is a Class A misdemeanor unless it is shown on the trial of
the offense that the person has been previously convicted of an offense
under that section, in which event the offense is a felony of the third
degree.
(c) An offense under
Section 155.211 is a Class A misdemeanor unless it is shown on the trial of
the offense that the person has been previously convicted of an offense
under that section, in which event the offense is a felony of the third
degree.
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No
equivalent provision.
|
SECTION 3.30. Section
15.030(c), Utilities Code, is amended to read as follows:
(c) An offense under this
section is a Class A misdemeanor [felony of the third degree].
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|
No
equivalent provision.
|
SECTION 3.31. Section
105.024(b), Utilities Code, is amended to read as follows:
(b) An offense under this
section is a Class A misdemeanor [felony of the third degree].
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|
No
equivalent provision.
|
SECTION 3.32. The following
laws are repealed:
(1) Section 101.64,
Alcoholic Beverage Code;
(2) Sections 17.22, 17.30,
17.31, and 204.005, Business & Commerce Code;
(3) Chapter 504, Business
& Commerce Code;
(4) the heading to Chapter
522, Business & Commerce Code;
(5) Section 44.051,
Education Code;
(6) Sections 59.002, 89.101,
119.202, 122.251, and 199.001, Finance Code;
(7) the heading to
Subchapter B, Chapter 557, Government Code;
(8) Sections 557.012 and
557.013, Government Code;
(9) Sections 52.021 and
52.022, Labor Code;
(10) Sections 205.401(b),
1802.302, 1805.103, 2156.004, 2156.005, and 2158.003, Occupations Code;
(11) Sections 32.053(b) and
32.057(d), Parks and Wildlife Code;
(12) Articles 4005a, 4006a,
4006b, 4015d, 4015e, and 5196b, Revised Statutes;
(13) Chapter 281 (H.B.
2680), Acts of the 73rd Legislature, Regular Session, 1993 (Article
4413(47e-1), Vernon's Texas Civil Statutes); and
(14) Chapter 487 (H.B. 376),
Acts of the 56th Legislature, Regular Session, 1959 (Article 9010, Vernon's
Texas Civil Statutes).
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No
equivalent provision.
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ARTICLE 4. TRANSITION
PROVISIONS; EFFECTIVE DATE
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No
equivalent provision.
|
SECTION 4.01. The changes in
law made by this Act apply only to an offense committed on or after the
effective date of this Act. An offense committed before the effective date
of this Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the effective
date of this Act if any element of the offense occurred before that date.
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No
equivalent provision.
|
SECTION 4.02. To the extent
of any conflict, this Act prevails over another Act of the 85th
Legislature, Regular Session, 2017, relating to nonsubstantive additions to
and corrections in enacted codes.
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SECTION 4. EFFECTIVE DATE. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this Act does
not receive the vote necessary for immediate effect, this Act takes
effect September 1, 2017.
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SECTION 4.03. This Act takes
effect September 1, 2017.
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