Texas 2017 - 85th Regular

Texas House Bill HB1551 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	85R19700 JCG/GRM-F
2	2	By: Krause, Workman H.B. No. 1551
3	3	Substitute the following for H.B. No. 1551:
4	4	By: Moody C.S.H.B. No. 1551
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of a commission to review certain penal
10	10	laws of this state and certain recommendations regarding those
11	11	laws, to criminal offenses previously compiled in statutes outside
12	12	the Penal Code, to repealing certain of those offenses, and to
13	13	conforming punishments for certain of those offenses to the penalty
14	14	structure provided in the Penal Code; increasing the punishment for
15	15	sabotage and sedition; imposing a civil penalty.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	ARTICLE 1. PURPOSE
18	18	SECTION 1.01. PURPOSE. The purpose of this Act is to
19	19	implement the recommendations of the commission created by Section
20	20	29, Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
21	21	Session, 2015, and to authorize additional review of the penal laws
22	22	described by Section 2.01(a) of this Act.
23	23	ARTICLE 2. COMMISSION TO STUDY CERTAIN PENAL LAWS
24	24	SECTION 2.01. COMMISSION TO STUDY CERTAIN PENAL LAWS.
25	25	(a) A commission is created to study and review all penal laws of
26	26	this state other than criminal offenses:
27	27	(1) under the Penal Code;
28	28	(2) under Chapter 481, Health and Safety Code; or
29	29	(3) related to the operation of a motor vehicle.
30	30	(b) The commission shall:
31	31	(1) evaluate all laws described by Subsection (a) of
32	32	this section;
33	33	(2) make recommendations to the legislature regarding
34	34	the repeal or amendment of laws that are identified as being
35	35	unnecessary, unclear, duplicative, overly broad, or otherwise
36	36	insufficient to serve the intended purpose of the law, including
37	37	the laws identified by the commission created by Section 29,
38	38	Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
39	39	Session, 2015, as requiring additional review; and
40	40	(3) evaluate the recommendations made by the
41	41	commission created by Section 29, Chapter 1251 (H.B. 1396), Acts of
42	42	the 84th Legislature, Regular Session, 2015.
43	43	(c) The commission is composed of nine members appointed as
44	44	follows:
45	45	(1) two members appointed by the governor;
46	46	(2) two members appointed by the lieutenant governor;
47	47	(3) two members appointed by the speaker of the house
48	48	of representatives;
49	49	(4) two members appointed by the chief justice of the
50	50	Supreme Court of Texas; and
51	51	(5) one member appointed by the presiding judge of the
52	52	Texas Court of Criminal Appeals.
53	53	(d) The officials making appointments to the commission
54	54	under Subsection (c) of this section shall ensure that the
55	55	membership of the commission includes representatives of all areas
56	56	of the criminal justice system, including prosecutors, defense
57	57	attorneys, judges, legal scholars, and relevant business
58	58	interests.
59	59	(e) The governor shall designate one member of the
60	60	commission to serve as the presiding officer of the commission.
61	61	(f) A member of the commission is not entitled to
62	62	compensation or reimbursement of expenses.
63	63	(g) The commission shall meet at the call of the presiding
64	64	officer.
65	65	(h) Not later than November 1, 2018, the commission shall
66	66	report the commission's findings and recommendations to the
67	67	governor, the lieutenant governor, the speaker of the house of
68	68	representatives, the Supreme Court of Texas, the Texas Court of
69	69	Criminal Appeals, and the standing committees of the house of
70	70	representatives and the senate with primary jurisdiction over
71	71	criminal justice. The commission shall include in its
72	72	recommendations any specific statutes that the commission
73	73	recommends repealing or amending.
74	74	SECTION 2.02. APPOINTMENT OF MEMBERS. Not later than the
75	75	60th day after the effective date of this Act, the governor, the
76	76	lieutenant governor, the speaker of the house of representatives,
77	77	the chief justice of the Supreme Court of Texas, and the presiding
78	78	judge of the Texas Court of Criminal Appeals shall appoint the
79	79	members of the commission created under this article.
80	80	SECTION 2.03. ABOLITION OF COMMISSION. The commission is
81	81	abolished and this article expires December 31, 2018.
82	82	ARTICLE 3. MISCELLANEOUS AMENDMENTS RELATING TO CRIMINAL OFFENSES
83	83	SECTION 3.01. Section 17.46(b), Business & Commerce Code,
84	84	as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts
85	85	of the 84th Legislature, Regular Session, 2015, is reenacted and
86	86	amended to read as follows:
87	87	(b) Except as provided in Subsection (d) of this section,
88	88	the term "false, misleading, or deceptive acts or practices"
89	89	includes, but is not limited to, the following acts:
90	90	(1) passing off goods or services as those of another;
91	91	(2) causing confusion or misunderstanding as to the
92	92	source, sponsorship, approval, or certification of goods or
93	93	services;
94	94	(3) causing confusion or misunderstanding as to
95	95	affiliation, connection, or association with, or certification by,
96	96	another;
97	97	(4) using deceptive representations or designations
98	98	of geographic origin in connection with goods or services;
99	99	(5) representing that goods or services have
100	100	sponsorship, approval, characteristics, ingredients, uses,
101	101	benefits, or quantities which they do not have or that a person has
102	102	a sponsorship, approval, status, affiliation, or connection which
103	103	the person does not;
104	104	(6) representing that goods are original or new if
105	105	they are deteriorated, reconditioned, reclaimed, used, or
106	106	secondhand;
107	107	(7) representing that goods or services are of a
108	108	particular standard, quality, or grade, or that goods are of a
109	109	particular style or model, if they are of another;
110	110	(8) disparaging the goods, services, or business of
111	111	another by false or misleading representation of facts;
112	112	(9) advertising goods or services with intent not to
113	113	sell them as advertised;
114	114	(10) advertising goods or services with intent not to
115	115	supply a reasonable expectable public demand, unless the
116	116	advertisements disclosed a limitation of quantity;
117	117	(11) making false or misleading statements of fact
118	118	concerning the reasons for, existence of, or amount of price
119	119	reductions;
120	120	(12) representing that an agreement confers or
121	121	involves rights, remedies, or obligations which it does not have or
122	122	involve, or which are prohibited by law;
123	123	(13) knowingly making false or misleading statements
124	124	of fact concerning the need for parts, replacement, or repair
125	125	service;
126	126	(14) misrepresenting the authority of a salesman,
127	127	representative or agent to negotiate the final terms of a consumer
128	128	transaction;
129	129	(15) basing a charge for the repair of any item in
130	130	whole or in part on a guaranty or warranty instead of on the value of
131	131	the actual repairs made or work to be performed on the item without
132	132	stating separately the charges for the work and the charge for the
133	133	warranty or guaranty, if any;
134	134	(16) disconnecting, turning back, or resetting the
135	135	odometer of any motor vehicle so as to reduce the number of miles
136	136	indicated on the odometer gauge;
137	137	(17) advertising of any sale by fraudulently
138	138	representing that a person is going out of business;
139	139	(18) advertising, selling, or distributing a card
140	140	which purports to be a prescription drug identification card issued
141	141	under Section 4151.152, Insurance Code, in accordance with rules
142	142	adopted by the commissioner of insurance, which offers a discount
143	143	on the purchase of health care goods or services from a third party
144	144	provider, and which is not evidence of insurance coverage, unless:
145	145	(A) the discount is authorized under an agreement
146	146	between the seller of the card and the provider of those goods and
147	147	services or the discount or card is offered to members of the
148	148	seller;
149	149	(B) the seller does not represent that the card
150	150	provides insurance coverage of any kind; and
151	151	(C) the discount is not false, misleading, or
152	152	deceptive;
153	153	(19) using or employing a chain referral sales plan in
154	154	connection with the sale or offer to sell of goods, merchandise, or
155	155	anything of value, which uses the sales technique, plan,
156	156	arrangement, or agreement in which the buyer or prospective buyer
157	157	is offered the opportunity to purchase merchandise or goods and in
158	158	connection with the purchase receives the seller's promise or
159	159	representation that the buyer shall have the right to receive
160	160	compensation or consideration in any form for furnishing to the
161	161	seller the names of other prospective buyers if receipt of the
162	162	compensation or consideration is contingent upon the occurrence of
163	163	an event subsequent to the time the buyer purchases the merchandise
164	164	or goods;
165	165	(20) representing that a guaranty or warranty confers
166	166	or involves rights or remedies which it does not have or involve,
167	167	provided, however, that nothing in this subchapter shall be
168	168	construed to expand the implied warranty of merchantability as
169	169	defined in Sections 2.314 through 2.318 and Sections 2A.212 through
170	170	2A.216 to involve obligations in excess of those which are
171	171	appropriate to the goods;
172	172	(21) promoting a pyramid promotional scheme, as
173	173	defined by Section 32.55, Penal Code [Section 17.461];
174	174	(22) representing that work or services have been
175	175	performed on, or parts replaced in, goods when the work or services
176	176	were not performed or the parts replaced;
177	177	(23) filing suit founded upon a written contractual
178	178	obligation of and signed by the defendant to pay money arising out
179	179	of or based on a consumer transaction for goods, services, loans, or
180	180	extensions of credit intended primarily for personal, family,
181	181	household, or agricultural use in any county other than in the
182	182	county in which the defendant resides at the time of the
183	183	commencement of the action or in the county in which the defendant
184	184	in fact signed the contract; provided, however, that a violation of
185	185	this subsection shall not occur where it is shown by the person
186	186	filing such suit that the person neither knew or had reason to know
187	187	that the county in which such suit was filed was neither the county
188	188	in which the defendant resides at the commencement of the suit nor
189	189	the county in which the defendant in fact signed the contract;
190	190	(24) failing to disclose information concerning goods
191	191	or services which was known at the time of the transaction if such
192	192	failure to disclose such information was intended to induce the
193	193	consumer into a transaction into which the consumer would not have
194	194	entered had the information been disclosed;
195	195	(25) using the term "corporation," "incorporated," or
196	196	an abbreviation of either of those terms in the name of a business
197	197	entity that is not incorporated under the laws of this state or
198	198	another jurisdiction;
199	199	(26) selling, offering to sell, or illegally promoting
200	200	an annuity contract under Chapter 22, Acts of the 57th Legislature,
201	201	3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
202	202	Statutes), with the intent that the annuity contract will be the
203	203	subject of a salary reduction agreement, as defined by that Act, if
204	204	the annuity contract is not an eligible qualified investment under
205	205	that Act or is not registered with the Teacher Retirement System of
206	206	Texas as required by Section 8A of that Act;
207	207	(27) taking advantage of a disaster declared by the
208	208	governor under Chapter 418, Government Code, by:
209	209	(A) selling or leasing fuel, food, medicine, or
210	210	another necessity at an exorbitant or excessive price; or
211	211	(B) demanding an exorbitant or excessive price in
212	212	connection with the sale or lease of fuel, food, medicine, or
213	213	another necessity;
214	214	(28) using the translation into a foreign language of
215	215	a title or other word, including "attorney," "lawyer," "licensed,"
216	216	"notary," and "notary public," in any written or electronic
217	217	material, including an advertisement, a business card, a
218	218	letterhead, stationery, a website, or an online video, in reference
219	219	to a person who is not an attorney in order to imply that the person
220	220	is authorized to practice law in the United States;
221	221	(29) [(28)] delivering or distributing a solicitation
222	222	in connection with a good or service that:
223	223	(A) represents that the solicitation is sent on
224	224	behalf of a governmental entity when it is not; or
225	225	(B) resembles a governmental notice or form that
226	226	represents or implies that a criminal penalty may be imposed if the
227	227	recipient does not remit payment for the good or service;
228	228	(30) [(29)] delivering or distributing a solicitation
229	229	in connection with a good or service that resembles a check or other
230	230	negotiable instrument or invoice, unless the portion of the
231	231	solicitation that resembles a check or other negotiable instrument
232	232	or invoice includes the following notice, clearly and conspicuously
233	233	printed in at least 18-point type:
234	234	"SPECIMEN-NON-NEGOTIABLE";
235	235	(31) [(30)] in the production, sale, distribution, or
236	236	promotion of a synthetic substance that produces and is intended to
237	237	produce an effect when consumed or ingested similar to, or in excess
238	238	of, the effect of a controlled substance or controlled substance
239	239	analogue, as those terms are defined by Section 481.002, Health and
240	240	Safety Code:
241	241	(A) making a deceptive representation or
242	242	designation about the synthetic substance; or
243	243	(B) causing confusion or misunderstanding as to
244	244	the effects the synthetic substance causes when consumed or
245	245	ingested; or
246	246	(32) [(31)] a licensed public insurance adjuster
247	247	directly or indirectly soliciting employment, as defined by Section
248	248	38.01, Penal Code, for an attorney, or a licensed public insurance
249	249	adjuster entering into a contract with an insured for the primary
250	250	purpose of referring the insured to an attorney without the intent
251	251	to actually perform the services customarily provided by a licensed
252	252	public insurance adjuster, provided that this subdivision may not
253	253	be construed to prohibit a licensed public insurance adjuster from
254	254	recommending a particular attorney to an insured.
255	255	SECTION 3.02. Section 17.461, Business & Commerce Code, is
256	256	transferred to Subchapter D, Chapter 32, Penal Code, and
257	257	redesignated as Section 32.55, Penal Code, to read as follows:
258	258	Sec. 32.55 [17.461]. PYRAMID PROMOTIONAL SCHEME. (a) In
259	259	this section:
260	260	(1) "Compensation" means payment of money, a financial
261	261	benefit, or another thing of value. The term does not include
262	262	payment based on sale of a product to a person, including a
263	263	participant, who purchases the product for actual use or
264	264	consumption.
265	265	(2) "Consideration" means the payment of cash or the
266	266	purchase of a product. The term does not include:
267	267	(A) a purchase of a product furnished at cost to
268	268	be used in making a sale and not for resale;
269	269	(B) a purchase of a product subject to a
270	270	repurchase agreement that complies with Subsection (b); or
271	271	(C) time and effort spent in pursuit of a sale or
272	272	in a recruiting activity.
273	273	(3) "Participate" means to contribute money into a
274	274	pyramid promotional scheme without promoting, organizing, or
275	275	operating the scheme.
276	276	(4) "Product" means a good, a service, or intangible
277	277	property of any kind.
278	278	(5) "Promoting a pyramid promotional scheme" means:
279	279	(A) inducing or attempting to induce one or more
280	280	other persons to participate in a pyramid promotional scheme; or
281	281	(B) assisting another person in inducing or
282	282	attempting to induce one or more other persons to participate in a
283	283	pyramid promotional scheme, including by providing references.
284	284	(6) "Pyramid promotional scheme" means a plan or
285	285	operation by which a person gives consideration for the opportunity
286	286	to receive compensation that is derived primarily from a person's
287	287	introduction of other persons to participate in the plan or
288	288	operation rather than from the sale of a product by a person
289	289	introduced into the plan or operation.
290	290	(b) To qualify as a repurchase agreement for the purposes of
291	291	Subsection (a)(2)(B), an agreement must be an enforceable agreement
292	292	by the seller to repurchase, on written request of the purchaser and
293	293	not later than the first anniversary of the purchaser's date of
294	294	purchase, all unencumbered products that are in an unused,
295	295	commercially resalable condition at a price not less than 90
296	296	percent of the amount actually paid by the purchaser for the
297	297	products being returned, less any consideration received by the
298	298	purchaser for purchase of the products being returned. A product
299	299	that is no longer marketed by the seller is considered resalable if
300	300	the product is otherwise in an unused, commercially resalable
301	301	condition and is returned to the seller not later than the first
302	302	anniversary of the purchaser's date of purchase, except that the
303	303	product is not considered resalable if before the purchaser
304	304	purchased the product it was clearly disclosed to the purchaser
305	305	that the product was sold as a nonreturnable, discontinued,
306	306	seasonal, or special promotion item.
307	307	(c) A person commits an offense if the person contrives,
308	308	prepares, establishes, operates, advertises, sells, or promotes a
309	309	pyramid promotional scheme. An offense under this subsection is a
310	310	state jail felony.
311	311	(d) It is not a defense to prosecution for an offense under
312	312	this section that the pyramid promotional scheme involved both a
313	313	franchise to sell a product and the authority to sell additional
314	314	franchises if the emphasis of the scheme is on the sale of
315	315	additional franchises.
316	316	SECTION 3.03. Sections 522.001 and 522.002, Business &
317	317	Commerce Code, are transferred to Subchapter D, Chapter 32, Penal
318	318	Code, redesignated as Section 32.511, Penal Code, and amended to
319	319	read as follows:
320	320	Sec. 32.511 [522.001]. IDENTITY THEFT BY ELECTRONIC DEVICE
321	321	[DEFINITIONS]. (a) In this section [chapter]:
322	322	(1) "Payment card" means a credit card, debit card,
323	323	check card, or other card that is issued to an authorized user to
324	324	purchase or obtain goods, services, money, or any other thing of
325	325	value.
326	326	(2) "Re-encoder" means an electronic device that can
327	327	be used to transfer encoded information from a magnetic strip on a
328	328	payment card onto the magnetic strip of a different payment card.
329	329	(3) "Scanning device" means an electronic device used
330	330	to access, read, scan, or store information encoded on the magnetic
331	331	strip of a payment card.
332	332	(b) [Sec. 522.002. OFFENSE; PENALTY. (a)] A person commits
333	333	an offense if the person uses a scanning device or re-encoder to
334	334	access, read, scan, store, or transfer information encoded on the
335	335	magnetic strip of a payment card without the consent of an
336	336	authorized user of the payment card and with intent to harm or
337	337	defraud another.
338	338	(c) [(b)] An offense under this section is a Class B
339	339	misdemeanor, except that the offense is a state jail felony if the
340	340	information accessed, read, scanned, stored, or transferred was
341	341	protected health information as defined by the Health Insurance
342	342	Portability and Accountability Act and Privacy Standards, as
343	343	defined by Section 181.001, Health and Safety Code.
344	344	(d) [(c)] If conduct that constitutes an offense under this
345	345	section also constitutes an offense under any other law, the actor
346	346	may be prosecuted under this section or the other law.
347	347	SECTION 3.04. Article 18.18(g), Code of Criminal Procedure,
348	348	is amended to read as follows:
349	349	(g) For purposes of this article:
350	350	(1) "criminal instrument" has the meaning defined in
351	351	the Penal Code;
352	352	(2) "gambling device or equipment, altered gambling
353	353	equipment or gambling paraphernalia" has the meaning defined in the
354	354	Penal Code;
355	355	(3) "prohibited weapon" has the meaning defined in the
356	356	Penal Code;
357	357	(4) "dog-fighting equipment" means:
358	358	(A) equipment used for training or handling a
359	359	fighting dog, including a harness, treadmill, cage, decoy, pen,
360	360	house for keeping a fighting dog, feeding apparatus, or training
361	361	pen;
362	362	(B) equipment used for transporting a fighting
363	363	dog, including any automobile, or other vehicle, and its
364	364	appurtenances which are intended to be used as a vehicle for
365	365	transporting a fighting dog;
366	366	(C) equipment used to promote or advertise an
367	367	exhibition of dog fighting, including a printing press or similar
368	368	equipment, paper, ink, or photography equipment; or
369	369	(D) a dog trained, being trained, or intended to
370	370	be used to fight with another dog;
371	371	(5) "obscene device" and "obscene" have the meanings
372	372	assigned by Section 43.21, Penal Code;
373	373	(6) "re-encoder" has the meaning assigned by Section
374	374	32.511, Penal [522.001, Business & Commerce] Code;
375	375	(7) "scanning device" has the meaning assigned by
376	376	Section 32.511, Penal [522.001, Business & Commerce] Code; and
377	377	(8) "obscene material" and "child pornography"
378	378	include digital images and the media and equipment on which those
379	379	images are stored.
380	380	SECTION 3.05. Article 59.01(2), Code of Criminal Procedure,
381	381	is amended to read as follows:
382	382	(2) "Contraband" means property of any nature,
383	383	including real, personal, tangible, or intangible, that is:
384	384	(A) used in the commission of:
385	385	(i) any first or second degree felony under
386	386	the Penal Code;
387	387	(ii) any felony under Section 15.031(b),
388	388	20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
389	389	33A, or 35, Penal Code;
390	390	(iii) any felony under The Securities Act
391	391	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
392	392	(iv) any offense under Chapter 49, Penal
393	393	Code, that is punishable as a felony of the third degree or state
394	394	jail felony, if the defendant has been previously convicted three
395	395	times of an offense under that chapter;
396	396	(B) used or intended to be used in the commission
397	397	of:
398	398	(i) any felony under Chapter 481, Health
399	399	and Safety Code (Texas Controlled Substances Act);
400	400	(ii) any felony under Chapter 483, Health
401	401	and Safety Code;
402	402	(iii) a felony under Chapter 151, Finance
403	403	Code;
404	404	(iv) any felony under Chapter 34, Penal
405	405	Code;
406	406	(v) a Class A misdemeanor under Subchapter
407	407	B, Chapter 365, Health and Safety Code, if the defendant has been
408	408	previously convicted twice of an offense under that subchapter;
409	409	(vi) any felony under Chapter 32, Human
410	410	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
411	411	involves the state Medicaid program;
412	412	(vii) a Class B misdemeanor under Section
413	413	32.511, Penal [Chapter 522, Business & Commerce] Code;
414	414	(viii) a Class A misdemeanor under Section
415	415	306.051, Business & Commerce Code;
416	416	(ix) any offense under Section 42.10, Penal
417	417	Code;
418	418	(x) any offense under Section 46.06(a)(1)
419	419	or 46.14, Penal Code;
420	420	(xi) any offense under Chapter 71, Penal
421	421	Code;
422	422	(xii) any offense under Section 20.05 or
423	423	20.06, Penal Code; or
424	424	(xiii) an offense under Section 326.002,
425	425	Business & Commerce Code;
426	426	(C) the proceeds gained from the commission of a
427	427	felony listed in Paragraph (A) or (B) of this subdivision, a
428	428	misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
429	429	this subdivision, or a crime of violence;
430	430	(D) acquired with proceeds gained from the
431	431	commission of a felony listed in Paragraph (A) or (B) of this
432	432	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
433	433	or (xi) of this subdivision, or a crime of violence;
434	434	(E) used to facilitate or intended to be used to
435	435	facilitate the commission of a felony under Section 15.031 or
436	436	43.25, Penal Code; or
437	437	(F) used to facilitate or intended to be used to
438	438	facilitate the commission of a felony under Section 20A.02 or
439	439	Chapter 43, Penal Code.
440	440	SECTION 3.06. Sections 557.001 and 557.011, Government
441	441	Code, are transferred to Chapter 40, Penal Code, as added by this
442	442	Act, redesignated as Sections 40.01 and 40.02, Penal Code,
443	443	respectively, and amended to read as follows:
444	444	Sec. 40.01 [557.001]. SEDITION. (a) A person commits an
445	445	offense if the person knowingly:
446	446	(1) commits, attempts to commit, or conspires with one
447	447	or more persons to commit an act intended to overthrow, destroy, or
448	448	alter the constitutional form of government of this state or of any
449	449	political subdivision of this state by force or violence;
450	450	(2) under circumstances that constitute a clear and
451	451	present danger to the security of this state or a political
452	452	subdivision of this state, advocates, advises, or teaches or
453	453	conspires with one or more persons to advocate, advise, or teach a
454	454	person to commit or attempt to commit an act described in
455	455	Subdivision (1); or
456	456	(3) participates, with knowledge of the nature of the
457	457	organization, in the management of an organization that engages in
458	458	or attempts to engage in an act intended to overthrow, destroy, or
459	459	alter the constitutional form of government of this state or of any
460	460	political subdivision of this state by force or violence.
461	461	(b) An offense under this section is a felony of the second
462	462	degree [punishable by:
463	463	[(1) a fine not to exceed $20,000;
464	464	[(2) confinement in the Texas Department of Criminal
465	465	Justice for a term of not less than one year or more than 20 years;
466	466	or
467	467	[(3) both fine and imprisonment].
468	468	(c) A person convicted of an offense under this section may
469	469	not receive community supervision under Chapter 42A, Code of
470	470	Criminal Procedure.
471	471	Sec. 40.02 [557.011]. SABOTAGE. (a) A person commits an
472	472	offense if the person, with the intent to injure the United States,
473	473	this state, or any facility or property used for national defense
474	474	sabotages or attempts to sabotage any property or facility used or
475	475	to be used for national defense.
476	476	(b) An offense under this section is a felony of the second
477	477	degree [punishable by confinement in the Texas Department of
478	478	Criminal Justice for a term of not less than two years or more than
479	479	20 years].
480	480	(c) If conduct constituting an offense under this section
481	481	also constitutes an offense under another provision of law, the
482	482	actor may be prosecuted under both sections.
483	483	(d) In this section, "sabotage" means to wilfully and
484	484	maliciously damage or destroy property.
485	485	SECTION 3.07. Section 557.002, Government Code, is amended
486	486	to read as follows:
487	487	Sec. 557.002. DISQUALIFICATION. A person who is finally
488	488	convicted of an offense under Section 40.01, Penal Code, [557.001]
489	489	may not hold office or a position of profit, trust, or employment
490	490	with the state or any political subdivision of the state.
491	491	SECTION 3.08. Section 3101.010(b), Government Code, is
492	492	amended to read as follows:
493	493	(b) An offense under this section is a misdemeanor and on
494	494	conviction is punishable by[:
495	495	[(1)] a fine of not less than $5 or more than $300[;
496	496	[(2) confinement in the county jail for a term not to
497	497	exceed three months; or
498	498	[(3) both a fine and confinement].
499	499	SECTION 3.09. Section 615.002(e), Local Government Code, is
500	500	amended to read as follows:
501	501	(e) A person commits an offense if the person violates a
502	502	parking rule adopted under this section. An offense under this
503	503	subsection is a Class C misdemeanor [punishable by a fine of not
504	504	less than $1 nor more than $20].
505	505	SECTION 3.10. Section 11.074(b), Natural Resources Code, is
506	506	amended to read as follows:
507	507	(b) Any owner of stock or a [his] manager, agent, employee,
508	508	or servant of the owner who fences, uses, occupies, or appropriates
509	509	by herding or line-riding any portion of the land covered by
510	510	Subsection (a) [of this section] without a lease for the land
511	511	commits an offense. An offense under this section is a Class C
512	512	misdemeanor[, on conviction, shall be fined not less than $100 nor
513	513	more than $1,000 and confined in the county jail for not less than
514	514	three months nor more than two years]. Each day for which a
515	515	violation continues constitutes a separate offense.
516	516	SECTION 3.11. Section 88.134(b), Natural Resources Code, is
517	517	amended to read as follows:
518	518	(b) A person who violates any [other] provision of this
519	519	chapter other than those covered by Subsection (a), a person who
520	520	fails to comply with any of the other terms of this chapter, a
521	521	person who fails to comply with the terms of a rule or order adopted
522	522	by the governmental agency under the terms of this chapter, or a
523	523	person who violates any of the rules or orders of the governmental
524	524	agency adopted under the provisions of this chapter commits an
525	525	offense. An offense under this subsection is a felony of the third
526	526	degree [on conviction is considered guilty of a felony and on
527	527	conviction shall be punished by imprisonment in the Texas
528	528	Department of Criminal Justice for a term of not less than two nor
529	529	more than four years].
530	530	SECTION 3.12. Section 114.102(b), Natural Resources Code,
531	531	is amended to read as follows:
532	532	(b) An offense under this section is a Class A misdemeanor
533	533	[felony of the third degree].
534	534	SECTION 3.13. Section 264.151(a), Occupations Code, is
535	535	amended to read as follows:
536	536	(a) A person commits an offense if the person violates
537	537	Section 256.001. An offense under this subsection is a felony of
538	538	the third degree. [Each day of a violation is a separate offense.]
539	539	SECTION 3.14. Section 266.303, Occupations Code, is amended
540	540	by amending Subsection (b) and adding Subsection (b-1) to read as
541	541	follows:
542	542	(b) An offense for a violation of Section 266.151 is a Class
543	543	A misdemeanor, except that the offense is a felony of the third
544	544	degree if it is shown on the trial of the offense that the defendant
545	545	has previously been convicted of an offense for a violation of
546	546	Section 266.151.
547	547	(b-1) An offense for a violation of [or] Section 266.301(b)
548	548	is a Class A misdemeanor, except that the offense is a felony of the
549	549	third degree if it is shown on the trial of the offense that the
550	550	defendant has previously been convicted of an offense for a
551	551	violation of Section 266.301(b).
552	552	SECTION 3.15. Section 1701.553(b), Occupations Code, is
553	553	amended to read as follows:
554	554	(b) An offense under Subsection (a) is a Class A misdemeanor
555	555	[state jail felony].
556	556	SECTION 3.16. Subchapter E, Chapter 1802, Occupations Code,
557	557	is amended by adding Section 1802.2025 to read as follows:
558	558	Sec. 1802.2025. FRIVOLOUS CLAIMS; CIVIL PENALTY. (a) A
559	559	person may not, for personal benefit or to harm another:
560	560	(1) institute a claim under this chapter in which the
561	561	person knows the person has no interest; or
562	562	(2) institute a frivolous suit or claim that the
563	563	person knows is false.
564	564	(b) A person who violates Subsection (a) is subject to a
565	565	civil penalty under Section 51.352.
566	566	SECTION 3.17. Section 2155.002(d), Occupations Code, is
567	567	amended to read as follows:
568	568	(d) An offense under Subsection (a) or (c) is a misdemeanor
569	569	punishable by[:
570	570	[(1)] a fine of not less than $25 or more than $100[;
571	571	[(2) confinement in jail for a term not to exceed 30
572	572	days; or
573	573	[(3) both a fine and confinement].
574	574	SECTION 3.18. Section 2156.006, Occupations Code, is
575	575	amended to read as follows:
576	576	Sec. 2156.006. FORFEITURE OF LEASE. A theater's lessee or a
577	577	lessee's assigns forfeit the lease and any rights and privileges
578	578	under the lease if the person[:
579	579	[(1)] does not comply with the law governing
580	580	theaters[; or
581	581	[(2) is convicted of an offense under Section
582	582	2156.005].
583	583	SECTION 3.19. Section 32.153(a), Parks and Wildlife Code,
584	584	is amended to read as follows:
585	585	(a) A person commits an offense if the person violates:
586	586	(1) Section 32.051;
587	587	(2) [Section 32.053(b);
588	588	[(3)] Section 32.056;
589	589	(3) [(4) Section 32.057(d);
590	590	[(5)] Section 32.101;
591	591	(4) [(6)] Section 32.104;
592	592	(5) [(7)] Section 32.105;
593	593	(6) [(8)] Section 32.106;
594	594	(7) [(9)] Section 32.107; or
595	595	(8) [(10)] Section 32.108.
596	596	SECTION 3.20. Section 62.013, Parks and Wildlife Code, is
597	597	amended to read as follows:
598	598	Sec. 62.013. PENALTIES. (a) Except as provided by
599	599	Subsections (b), (b-1), and (c) of this section, a person who
600	600	violates a provision of this subchapter commits an offense that is a
601	601	Class C Parks and Wildlife Code misdemeanor.
602	602	(b) A person who violates Section 62.003, 62.004, [62.005,]
603	603	62.0065, 62.011(c), or 350.001 or a rule adopted under Section
604	604	62.0065 commits an offense that is a Class A Parks and Wildlife Code
605	605	misdemeanor, unless it is shown at the trial of the defendant for a
606	606	violation of that section or rule, as appropriate, that the
607	607	defendant has been convicted one or more times before the trial date
608	608	of a violation of that section or rule, as appropriate, in which
609	609	case the offense is a Parks and Wildlife Code state jail felony.
610	610	(b-1) A person who violates Section 62.005 commits an
611	611	offense that is a:
612	612	(1) Class C Parks and Wildlife Code misdemeanor if the
613	613	person commits the offense recklessly;
614	614	(2) Class A Parks and Wildlife Code misdemeanor if the
615	615	person intentionally or knowingly commits the offense; or
616	616	(3) Parks and Wildlife Code state jail felony if it is
617	617	shown at the trial of the defendant for a violation of that section
618	618	that the defendant has been convicted one or more times before the
619	619	trial date of a violation of that section.
620	620	(c) In addition to the punishments provided in Subsections
621	621	(a), [and] (b), and (b-1), a person who violates Section 62.003,
622	622	62.004, 62.005, 62.0065, 62.011(c), or 350.001 or a rule adopted
623	623	under Section 62.0065 is punishable by the revocation or suspension
624	624	under Section 12.5015 of hunting and fishing licenses and permits.
625	625	SECTION 3.21. Section 76.040, Parks and Wildlife Code, is
626	626	amended by amending Subsection (b) and adding Subsection (b-1) to
627	627	read as follows:
628	628	(b) A person who violates Section 76.037 [or Section 76.038
629	629	of this code] commits an offense that is a Class B Parks and
630	630	Wildlife Code misdemeanor.
631	631	(b-1) A person who violates Section 76.038 commits an
632	632	offense that is a:
633	633	(1) Class C Parks and Wildlife Code misdemeanor if the
634	634	person commits the offense recklessly; or
635	635	(2) Class B Parks and Wildlife Code misdemeanor if the
636	636	person intentionally or knowingly commits the offense.
637	637	SECTION 3.22. Section 76.118, Parks and Wildlife Code, is
638	638	amended by amending Subsections (a), (b), and (c) and adding
639	639	Subsection (a-1) to read as follows:
640	640	(a) Except as provided in Subsections (a-1), (b), and (c) of
641	641	this section, a person who violates a provision of this subchapter
642	642	or a regulation of the commission issued under this subchapter
643	643	commits an offense that is a Class C Parks and Wildlife Code
644	644	misdemeanor.
645	645	(a-1) A person who violates Section 76.101 or 76.109 or a
646	646	regulation of the commission issued under one of those sections
647	647	commits an offense that is a:
648	648	(1) Class C Parks and Wildlife Code misdemeanor if the
649	649	person commits the offense recklessly; or
650	650	(2) Class B Parks and Wildlife Code misdemeanor if the
651	651	person intentionally or knowingly commits the offense.
652	652	(b) A person who violates Section [76.101,] 76.107[, or
653	653	76.109] or a regulation of the commission issued under that section
654	654	[one of those sections] commits an offense that is a Class B Parks
655	655	and Wildlife Code misdemeanor.
656	656	(c) A person who violates Section 76.116, or at the same
657	657	time violates Sections 76.109 and 76.116, commits an offense that
658	658	is a:
659	659	(1) Class B Parks and Wildlife Code misdemeanor if the
660	660	person commits the offense recklessly; or
661	661	(2) Class A Parks and Wildlife Code misdemeanor if the
662	662	person intentionally or knowingly commits the offense.
663	663	SECTION 3.23. Section 77.061(b), Parks and Wildlife Code,
664	664	is amended to read as follows:
665	665	(b) Notwithstanding the provisions of Subchapter E, Chapter
666	666	12, of this code, a person who violates Subdivision (1) of
667	667	Subsection (a) of this section or Section 77.024 of this code
668	668	commits an offense that is a:
669	669	(1) Class C Parks and Wildlife Code misdemeanor if the
670	670	person commits the offense recklessly; or
671	671	(2) Class B Parks and Wildlife Code misdemeanor if the
672	672	person intentionally or knowingly commits the offense [and on
673	673	conviction is punishable by a fine of not less than $2,500 nor more
674	674	than $5,000, by confinement in the county jail for not less than six
675	675	months nor more than one year, or by both].
676	676	SECTION 3.24. Section 19.03(a), Penal Code, is amended to
677	677	read as follows:
678	678	(a) A person commits an offense if the person commits murder
679	679	as defined under Section 19.02(b)(1) and:
680	680	(1) the person murders a peace officer or fireman who
681	681	is acting in the lawful discharge of an official duty and who the
682	682	person knows is a peace officer or fireman;
683	683	(2) the person intentionally commits the murder in the
684	684	course of committing or attempting to commit kidnapping, burglary,
685	685	robbery, aggravated sexual assault, arson, obstruction or
686	686	retaliation, sabotage, or terroristic threat under Section
687	687	22.07(a)(1), (3), (4), (5), or (6);
688	688	(3) the person commits the murder for remuneration or
689	689	the promise of remuneration or employs another to commit the murder
690	690	for remuneration or the promise of remuneration;
691	691	(4) the person commits the murder while escaping or
692	692	attempting to escape from a penal institution;
693	693	(5) the person, while incarcerated in a penal
694	694	institution, murders another:
695	695	(A) who is employed in the operation of the penal
696	696	institution; or
697	697	(B) with the intent to establish, maintain, or
698	698	participate in a combination or in the profits of a combination;
699	699	(6) the person:
700	700	(A) while incarcerated for an offense under this
701	701	section or Section 19.02, murders another; or
702	702	(B) while serving a sentence of life imprisonment
703	703	or a term of 99 years for an offense under Section 20.04, 22.021, or
704	704	29.03, murders another;
705	705	(7) the person murders more than one person:
706	706	(A) during the same criminal transaction; or
707	707	(B) during different criminal transactions but
708	708	the murders are committed pursuant to the same scheme or course of
709	709	conduct;
710	710	(8) the person murders an individual under 10 years of
711	711	age; or
712	712	(9) the person murders another person in retaliation
713	713	for or on account of the service or status of the other person as a
714	714	judge or justice of the supreme court, the court of criminal
715	715	appeals, a court of appeals, a district court, a criminal district
716	716	court, a constitutional county court, a statutory county court, a
717	717	justice court, or a municipal court.
718	718	SECTION 3.25. Section 37.10(c)(2), Penal Code, is amended
719	719	to read as follows:
720	720	(2) An offense under this section is a felony of the
721	721	third degree if it is shown on the trial of the offense that the
722	722	governmental record was:
723	723	(A) a public school record, report, or assessment
724	724	instrument required under Chapter 39, Education Code, a public
725	725	school record, form, report, or budget required under Chapter 42,
726	726	Education Code, or a rule adopted under that chapter, data reported
727	727	for a school district or open-enrollment charter school to the
728	728	Texas Education Agency through the Public Education Information
729	729	Management System (PEIMS) described by Section 42.006, Education
730	730	Code, under a law or rule requiring that reporting, or a license,
731	731	certificate, permit, seal, title, letter of patent, or similar
732	732	document issued by government, by another state, or by the United
733	733	States, unless the actor's intent is to defraud or harm another, in
734	734	which event the offense is a felony of the second degree;
735	735	(B) a written report of a medical, chemical,
736	736	toxicological, ballistic, or other expert examination or test
737	737	performed on physical evidence for the purpose of determining the
738	738	connection or relevance of the evidence to a criminal action;
739	739	(C) a written report of the certification,
740	740	inspection, or maintenance record of an instrument, apparatus,
741	741	implement, machine, or other similar device used in the course of an
742	742	examination or test performed on physical evidence for the purpose
743	743	of determining the connection or relevance of the evidence to a
744	744	criminal action; or
745	745	(D) a search warrant issued by a magistrate.
746	746	SECTION 3.26. Title 8, Penal Code, is amended by adding
747	747	Chapter 40, and a heading is added to that chapter to read as
748	748	follows:
749	749	CHAPTER 40. SEDITION AND SABOTAGE
750	750	SECTION 3.27. Section 154.517, Tax Code, is amended to read
751	751	as follows:
752	752	Sec. 154.517. FELONY OR MISDEMEANOR. (a) An offense under
753	753	Section [Sections] 154.511, 154.512, 154.514, 154.515, or
754	754	[through] 154.516 is a felony of the third degree.
755	755	(b) An offense under Section 154.513 is a Class A
756	756	misdemeanor unless it is shown on the trial of the offense that the
757	757	person has been previously convicted of an offense under that
758	758	section, in which event the offense is a felony of the third degree.
759	759	SECTION 3.28. Section 155.208, Tax Code, is amended to read
760	760	as follows:
761	761	Sec. 155.208. MISDEMEANOR. (a) An offense under Section
762	762	155.202, 155.204, 155.205, 155.206, or 155.207 [Sections
763	763	155.202-155.207] is a Class A misdemeanor.
764	764	(b) An offense under Section 155.203 is a Class C
765	765	misdemeanor unless it is shown on the trial of the offense that the
766	766	person has been previously convicted of an offense under that
767	767	section, in which event the offense is a Class A misdemeanor.
768	768	SECTION 3.29. Section 155.213, Tax Code, is amended to read
769	769	as follows:
770	770	Sec. 155.213. FELONY OR MISDEMEANOR. (a) An offense under
771	771	Section 155.210 or 155.212 [Sections 155.209-155.212] is a felony
772	772	of the third degree.
773	773	(b) An offense under Section 155.209 is a Class A
774	774	misdemeanor unless it is shown on the trial of the offense that the
775	775	person has been previously convicted of an offense under that
776	776	section, in which event the offense is a felony of the third degree.
777	777	(c) An offense under Section 155.211 is a Class A
778	778	misdemeanor unless it is shown on the trial of the offense that the
779	779	person has been previously convicted of an offense under that
780	780	section, in which event the offense is a felony of the third degree.
781	781	SECTION 3.30. Section 15.030(c), Utilities Code, is amended
782	782	to read as follows:
783	783	(c) An offense under this section is a Class A misdemeanor
784	784	[felony of the third degree].
785	785	SECTION 3.31. Section 105.024(b), Utilities Code, is
786	786	amended to read as follows:
787	787	(b) An offense under this section is a Class A misdemeanor
788	788	[felony of the third degree].
789	789	SECTION 3.32. The following laws are repealed:
790	790	(1) Section 101.64, Alcoholic Beverage Code;
791	791	(2) Sections 17.22, 17.30, 17.31, and 204.005,
792	792	Business & Commerce Code;
793	793	(3) Chapter 504, Business & Commerce Code;
794	794	(4) the heading to Chapter 522, Business & Commerce
795	795	Code;
796	796	(5) Section 44.051, Education Code;
797	797	(6) Sections 59.002, 89.101, 119.202, 122.251, and
798	798	199.001, Finance Code;
799	799	(7) the heading to Subchapter B, Chapter 557,
800	800	Government Code;
801	801	(8) Sections 557.012 and 557.013, Government Code;
802	802	(9) Sections 52.021 and 52.022, Labor Code;
803	803	(10) Sections 205.401(b), 1802.302, 1805.103,
804	804	2156.004, 2156.005, and 2158.003, Occupations Code;
805	805	(11) Sections 32.053(b) and 32.057(d), Parks and
806	806	Wildlife Code;
807	807	(12) Articles 4005a, 4006a, 4006b, 4015d, 4015e, and
808	808	5196b, Revised Statutes;
809	809	(13) Chapter 281 (H.B. 2680), Acts of the 73rd
810	810	Legislature, Regular Session, 1993 (Article 4413(47e-1), Vernon's
811	811	Texas Civil Statutes); and
812	812	(14) Chapter 487 (H.B. 376), Acts of the 56th
813	813	Legislature, Regular Session, 1959 (Article 9010, Vernon's Texas
814	814	Civil Statutes).
815	815	ARTICLE 4. TRANSITION PROVISIONS; EFFECTIVE DATE
816	816	SECTION 4.01. The changes in law made by this Act apply only
817	817	to an offense committed on or after the effective date of this Act.
818	818	An offense committed before the effective date of this Act is
819	819	governed by the law in effect on the date the offense was committed,
820	820	and the former law is continued in effect for that purpose. For
821	821	purposes of this section, an offense was committed before the
822	822	effective date of this Act if any element of the offense occurred
823	823	before that date.
824	824	SECTION 4.02. To the extent of any conflict, this Act
825	825	prevails over another Act of the 85th Legislature, Regular Session,
826	826	2017, relating to nonsubstantive additions to and corrections in
827	827	enacted codes.
828	828	SECTION 4.03. This Act takes effect September 1, 2017.