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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the criminal offenses of racing on a |
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highway and organized criminal activity involving that conduct and |
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to the forfeiture of contraband relating to that conduct; creating |
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a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Article 59.01(2), Code of Criminal |
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Procedure, as effective until January 1, 2022, is amended to read as |
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follows: |
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(2) "Contraband" means property of any nature, |
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including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal |
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Code; |
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(iii) any felony under Chapter 43, Penal |
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Code, except as provided by Paragraph (B); |
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(iv) any felony under The Securities Act |
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(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
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(v) any offense under Chapter 49, Penal |
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Code, that is punishable as a felony of the third degree or state |
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jail felony, if the defendant has been previously convicted three |
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times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 151, Finance |
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Code; |
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(iv) any felony under Chapter 20A or 34, |
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Penal Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves a health care program, as defined by Section 35A.01, Penal |
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Code; |
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(vii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
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(viii) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(ix) any offense under Section 42.10, Penal |
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Code; |
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(x) any offense under Section 46.06(a)(1) |
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or 46.14, Penal Code; |
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(xi) any offense under Chapter 71, Penal |
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Code; |
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(xii) any offense under Section 20.05, |
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20.06, 20.07, 43.04, or 43.05, Penal Code; [or] |
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(xiii) an offense under Section 326.002, |
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Business & Commerce Code; or |
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(xiv) a Class A misdemeanor or any felony |
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under Section 545.420, Transportation Code; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii) |
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of this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), |
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(xi), or (xii) of this subdivision, or a crime of violence; |
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(E) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 15.031 or |
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Chapter 43, Penal Code; or |
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(F) used to facilitate or intended to be used to |
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facilitate the commission of an offense under Section 20.05, 20.06, |
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or 20.07 or Chapter 20A, Penal Code. |
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(b) Article 59.01(2), Code of Criminal Procedure, as |
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effective on January 1, 2022, is amended to read as follows: |
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(2) "Contraband" means property of any nature, |
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|
including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal |
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Code; |
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(iii) any felony under Chapter 43, Penal |
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Code, except as provided by Paragraph (B); |
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(iv) any felony under The Securities Act |
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(Title 12, Government Code); or |
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(v) any offense under Chapter 49, Penal |
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Code, that is punishable as a felony of the third degree or state |
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jail felony, if the defendant has been previously convicted three |
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times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 151, Finance |
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Code; |
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(iv) any felony under Chapter 20A or 34, |
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Penal Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 32, Human |
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Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves a health care program, as defined by Section 35A.01, Penal |
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Code; |
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(vii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
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(viii) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(ix) any offense under Section 42.10, Penal |
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Code; |
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(x) any offense under Section 46.06(a)(1) |
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or 46.14, Penal Code; |
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(xi) any offense under Chapter 71, Penal |
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Code; |
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(xii) any offense under Section 20.05, |
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20.06, 20.07, 43.04, or 43.05, Penal Code; [or] |
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(xiii) an offense under Section 326.002, |
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Business & Commerce Code; or |
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(xiv) a Class A misdemeanor or any felony |
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under Section 545.420, Transportation Code; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii) |
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of this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), |
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(xi), or (xii) of this subdivision, or a crime of violence; |
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(E) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 15.031 or |
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Chapter 43, Penal Code; or |
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(F) used to facilitate or intended to be used to |
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facilitate the commission of an offense under Section 20.05, 20.06, |
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or 20.07 or Chapter 20A, Penal Code. |
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SECTION 2. Section 71.02(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, with the intent to |
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establish, maintain, or participate in a combination or in the |
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profits of a combination or as a member of a criminal street gang, |
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the person commits or conspires to commit one or more of the |
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following: |
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(1) murder, capital murder, arson, aggravated |
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robbery, robbery, burglary, theft, aggravated kidnapping, |
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kidnapping, aggravated assault, aggravated sexual assault, sexual |
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assault, continuous sexual abuse of young child or children, |
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solicitation of a minor, forgery, deadly conduct, assault |
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punishable as a Class A misdemeanor, burglary of a motor vehicle, or |
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unauthorized use of a motor vehicle; |
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(2) any gambling offense punishable as a Class A |
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misdemeanor; |
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(3) promotion of prostitution, aggravated promotion |
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of prostitution, or compelling prostitution; |
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(4) unlawful manufacture, transportation, repair, or |
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sale of firearms or prohibited weapons; |
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(5) unlawful manufacture, delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug, or |
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unlawful possession of a controlled substance or dangerous drug |
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through forgery, fraud, misrepresentation, or deception; |
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(5-a) causing the unlawful delivery, dispensation, or |
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distribution of a controlled substance or dangerous drug in |
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violation of Subtitle B, Title 3, Occupations Code; |
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(6) any unlawful wholesale promotion or possession of |
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any obscene material or obscene device with the intent to wholesale |
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promote the same; |
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(7) any offense under Subchapter B, Chapter 43, |
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depicting or involving conduct by or directed toward a child |
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younger than 18 years of age; |
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(8) any felony offense under Chapter 32; |
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(9) any offense under Chapter 36; |
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(10) any offense under Chapter 34, 35, or 35A; |
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(11) any offense under Section 37.11(a); |
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(12) any offense under Chapter 20A; |
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(13) any offense under Section 37.10; |
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(14) any offense under Section 38.06, 38.07, 38.09, or |
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38.11; |
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(15) any offense under Section 42.10; |
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(16) any offense under Section 46.06(a)(1) or 46.14; |
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(17) any offense under Section 20.05 or 20.06; |
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(18) any offense under Section 16.02; [or] |
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(19) any offense under Section 545.420, |
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Transportation Code; or |
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(20) any offense classified as a felony under the Tax |
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Code. |
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SECTION 3. Section 545.420, Transportation Code, is amended |
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by adding Subsection (a-1) and amending Subsections (d), (e), (f), |
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(g), and (h) to read as follows: |
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(a-1) A person commits an offense if the person knowingly |
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allows another person to use the person's motor vehicle to engage |
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in conduct prohibited under Subsection (a). |
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(d) Except as provided by Subsections (e)-(h), an offense |
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under this section [Subsection (a)] is a Class B misdemeanor. |
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(e) An offense under this section [Subsection (a)] is a |
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Class A misdemeanor if it is shown on the trial of the offense that: |
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(1) the person has previously been convicted one time |
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of an offense under this section [that subsection]; or |
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(2) the person, at the time of the offense: |
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(A) was operating the vehicle while intoxicated, |
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as defined by Section 49.01, Penal Code; or |
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(B) was in possession of an open container, as |
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defined by Section 49.031, Penal Code. |
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(f) An offense under this section [Subsection (a)] is a |
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state jail felony if it is shown on the trial of the offense that the |
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person has previously been convicted two times of an offense under |
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this section [that subsection]. |
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(g) An offense under this section [Subsection (a)] is a |
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felony of the third degree if it is shown on the trial of the offense |
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that as a result of the offense, an individual suffered bodily |
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injury. |
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(h) An offense under this section [Subsection (a)] is a |
|
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felony of the second degree if it is shown on the trial of the |
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offense that as a result of the offense, an individual suffered |
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serious bodily injury or death. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |