Texas 2017 - 85th Regular

Texas Senate Bill SB1822 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Burton S.B. No. 1822
	2	+	(In the Senate - Filed March 9, 2017; March 23, 2017, read
	3	+	first time and referred to Committee on Criminal Justice;
	4	+	May 15, 2017, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 8, Nays 0; May 15, 2017,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1822 By: Huffman
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the creation of a commission to review certain penal
7	14		laws of this state and certain recommendations regarding those
8	15		laws, to criminal offenses previously compiled in statutes outside
9	16		the Penal Code, to repealing certain of those offenses, and to
10	17		conforming punishments for certain of those offenses to the penalty
11	18		structure provided in the Penal Code; increasing the punishment for
12	19		sabotage and sedition; imposing a civil penalty.
13	20		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	21		ARTICLE 1. PURPOSE
15	22		SECTION 1.01. PURPOSE. The purpose of this Act is to
16	23		implement the recommendations of the commission created by Section
17	24		29, Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
18	25		Session, 2015, and to authorize additional review of the penal laws
19	26		described by Section 2.01(a) of this Act.
20	27		ARTICLE 2. COMMISSION TO STUDY CERTAIN PENAL LAWS
21	28		SECTION 2.01. COMMISSION TO STUDY CERTAIN PENAL LAWS.
22	29		(a) A commission is created to study and review all penal laws of
23	30		this state other than criminal offenses:
24	31		(1) under the Penal Code;
25	32		(2) under Chapter 481, Health and Safety Code; or
26	33		(3) related to the operation of a motor vehicle.
27	34		(b) The commission shall:
28	35		(1) evaluate all laws described by Subsection (a) of
29	36		this section;
30	37		(2) make recommendations to the legislature regarding
31	38		the repeal or amendment of laws that are identified as being
32	39		unnecessary, unclear, duplicative, overly broad, or otherwise
33	40		insufficient to serve the intended purpose of the law, including
34	41		the laws identified by the commission created by Section 29,
35	42		Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
36	43		Session, 2015, as requiring additional review; and
37	44		(3) evaluate the recommendations made by the
38	45		commission created by Section 29, Chapter 1251 (H.B. 1396), Acts of
39	46		the 84th Legislature, Regular Session, 2015.
40	47		(c) The commission is composed of nine members appointed as
41	48		follows:
42	49		(1) two members appointed by the governor;
43	50		(2) two members appointed by the lieutenant governor;
44	51		(3) two members appointed by the speaker of the house
45	52		of representatives;
46	53		(4) two members appointed by the chief justice of the
47	54		Supreme Court of Texas; and
48	55		(5) one member appointed by the presiding judge of the
49	56		Texas Court of Criminal Appeals.
50	57		(d) The officials making appointments to the commission
51	58		under Subsection (c) of this section shall ensure that the
52	59		membership of the commission includes representatives of all areas
53	60		of the criminal justice system, including prosecutors, defense
54	61		attorneys, judges, legal scholars, and relevant business
55	62		interests.
56	63		(e) The governor shall designate one member of the
57	64		commission to serve as the presiding officer of the commission.
58	65		(f) A member of the commission is not entitled to
59	66		compensation or reimbursement of expenses.
60	67		(g) The commission shall meet at the call of the presiding
61	68		officer.
62	69		(h) Not later than November 1, 2018, the commission shall
63	70		report the commission's findings and recommendations to the
64	71		governor, the lieutenant governor, the speaker of the house of
65	72		representatives, the Supreme Court of Texas, the Texas Court of
66	73		Criminal Appeals, and the standing committees of the house of
67	74		representatives and the senate with primary jurisdiction over
68	75		criminal justice. The commission shall include in its
69	76		recommendations any specific statutes that the commission
70	77		recommends repealing or amending.
71	78		SECTION 2.02. APPOINTMENT OF MEMBERS. Not later than the
72	79		60th day after the effective date of this Act, the governor, the
73	80		lieutenant governor, the speaker of the house of representatives,
74	81		the chief justice of the Supreme Court of Texas, and the presiding
75	82		judge of the Texas Court of Criminal Appeals shall appoint the
76	83		members of the commission created under this article.
77	84		SECTION 2.03. ABOLITION OF COMMISSION. The commission is
78	85		abolished and this article expires December 31, 2018.
79	86		ARTICLE 3. MISCELLANEOUS AMENDMENTS RELATING TO CRIMINAL OFFENSES
80	87		SECTION 3.01. Section 17.46(b), Business & Commerce Code,
81	88		as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts
82	89		of the 84th Legislature, Regular Session, 2015, is reenacted and
83	90		amended to read as follows:
84	91		(b) Except as provided in Subsection (d) of this section,
85	92		the term "false, misleading, or deceptive acts or practices"
86	93		includes, but is not limited to, the following acts:
87	94		(1) passing off goods or services as those of another;
88	95		(2) causing confusion or misunderstanding as to the
89	96		source, sponsorship, approval, or certification of goods or
90	97		services;
91	98		(3) causing confusion or misunderstanding as to
92	99		affiliation, connection, or association with, or certification by,
93	100		another;
94	101		(4) using deceptive representations or designations
95	102		of geographic origin in connection with goods or services;
96	103		(5) representing that goods or services have
97	104		sponsorship, approval, characteristics, ingredients, uses,
98	105		benefits, or quantities which they do not have or that a person has
99	106		a sponsorship, approval, status, affiliation, or connection which
100	107		the person does not;
101	108		(6) representing that goods are original or new if
102	109		they are deteriorated, reconditioned, reclaimed, used, or
103	110		secondhand;
104	111		(7) representing that goods or services are of a
105	112		particular standard, quality, or grade, or that goods are of a
106	113		particular style or model, if they are of another;
107	114		(8) disparaging the goods, services, or business of
108	115		another by false or misleading representation of facts;
109	116		(9) advertising goods or services with intent not to
110	117		sell them as advertised;
111	118		(10) advertising goods or services with intent not to
112	119		supply a reasonable expectable public demand, unless the
113	120		advertisements disclosed a limitation of quantity;
114	121		(11) making false or misleading statements of fact
115	122		concerning the reasons for, existence of, or amount of price
116	123		reductions;
117	124		(12) representing that an agreement confers or
118	125		involves rights, remedies, or obligations which it does not have or
119	126		involve, or which are prohibited by law;
120	127		(13) knowingly making false or misleading statements
121	128		of fact concerning the need for parts, replacement, or repair
122	129		service;
123	130		(14) misrepresenting the authority of a salesman,
124	131		representative or agent to negotiate the final terms of a consumer
125	132		transaction;
126	133		(15) basing a charge for the repair of any item in
127	134		whole or in part on a guaranty or warranty instead of on the value of
128	135		the actual repairs made or work to be performed on the item without
129	136		stating separately the charges for the work and the charge for the
130	137		warranty or guaranty, if any;
131	138		(16) disconnecting, turning back, or resetting the
132	139		odometer of any motor vehicle so as to reduce the number of miles
133	140		indicated on the odometer gauge;
134	141		(17) advertising of any sale by fraudulently
135	142		representing that a person is going out of business;
136	143		(18) advertising, selling, or distributing a card
137	144		which purports to be a prescription drug identification card issued
138	145		under Section 4151.152, Insurance Code, in accordance with rules
139	146		adopted by the commissioner of insurance, which offers a discount
140	147		on the purchase of health care goods or services from a third party
141	148		provider, and which is not evidence of insurance coverage, unless:
142	149		(A) the discount is authorized under an agreement
143	150		between the seller of the card and the provider of those goods and
144	151		services or the discount or card is offered to members of the
145	152		seller;
146	153		(B) the seller does not represent that the card
147	154		provides insurance coverage of any kind; and
148	155		(C) the discount is not false, misleading, or
149	156		deceptive;
150	157		(19) using or employing a chain referral sales plan in
151	158		connection with the sale or offer to sell of goods, merchandise, or
152	159		anything of value, which uses the sales technique, plan,
153	160		arrangement, or agreement in which the buyer or prospective buyer
154	161		is offered the opportunity to purchase merchandise or goods and in
155	162		connection with the purchase receives the seller's promise or
156	163		representation that the buyer shall have the right to receive
157	164		compensation or consideration in any form for furnishing to the
158	165		seller the names of other prospective buyers if receipt of the
159	166		compensation or consideration is contingent upon the occurrence of
160	167		an event subsequent to the time the buyer purchases the merchandise
161	168		or goods;
162	169		(20) representing that a guaranty or warranty confers
163	170		or involves rights or remedies which it does not have or involve,
164	171		provided, however, that nothing in this subchapter shall be
165	172		construed to expand the implied warranty of merchantability as
166	173		defined in Sections 2.314 through 2.318 and Sections 2A.212 through
167	174		2A.216 to involve obligations in excess of those which are
168	175		appropriate to the goods;
169	176		(21) promoting a pyramid promotional scheme, as
170	177		defined by Section 32.55, Penal Code [Section 17.461];
171	178		(22) representing that work or services have been
172	179		performed on, or parts replaced in, goods when the work or services
173	180		were not performed or the parts replaced;
174	181		(23) filing suit founded upon a written contractual
175	182		obligation of and signed by the defendant to pay money arising out
176	183		of or based on a consumer transaction for goods, services, loans, or
177	184		extensions of credit intended primarily for personal, family,
178	185		household, or agricultural use in any county other than in the
179	186		county in which the defendant resides at the time of the
180	187		commencement of the action or in the county in which the defendant
181	188		in fact signed the contract; provided, however, that a violation of
182	189		this subsection shall not occur where it is shown by the person
183	190		filing such suit that the person neither knew or had reason to know
184	191		that the county in which such suit was filed was neither the county
185	192		in which the defendant resides at the commencement of the suit nor
186	193		the county in which the defendant in fact signed the contract;
187	194		(24) failing to disclose information concerning goods
188	195		or services which was known at the time of the transaction if such
189	196		failure to disclose such information was intended to induce the
190	197		consumer into a transaction into which the consumer would not have
191	198		entered had the information been disclosed;
192	199		(25) using the term "corporation," "incorporated," or
193	200		an abbreviation of either of those terms in the name of a business
194	201		entity that is not incorporated under the laws of this state or
195	202		another jurisdiction;
196	203		(26) selling, offering to sell, or illegally promoting
197	204		an annuity contract under Chapter 22, Acts of the 57th Legislature,
198	205		3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
199	206		Statutes), with the intent that the annuity contract will be the
200	207		subject of a salary reduction agreement, as defined by that Act, if
201	208		the annuity contract is not an eligible qualified investment under
202	209		that Act or is not registered with the Teacher Retirement System of
203	210		Texas as required by Section 8A of that Act;
204	211		(27) taking advantage of a disaster declared by the
205	212		governor under Chapter 418, Government Code, by:
206	213		(A) selling or leasing fuel, food, medicine, or
207	214		another necessity at an exorbitant or excessive price; or
208	215		(B) demanding an exorbitant or excessive price in
209	216		connection with the sale or lease of fuel, food, medicine, or
210	217		another necessity;
211	218		(28) using the translation into a foreign language of
212	219		a title or other word, including "attorney," "lawyer," "licensed,"
213	220		"notary," and "notary public," in any written or electronic
214	221		material, including an advertisement, a business card, a
215	222		letterhead, stationery, a website, or an online video, in reference
216	223		to a person who is not an attorney in order to imply that the person
217	224		is authorized to practice law in the United States;
218	225		(29) [(28)] delivering or distributing a solicitation
219	226		in connection with a good or service that:
220	227		(A) represents that the solicitation is sent on
221	228		behalf of a governmental entity when it is not; or
222	229		(B) resembles a governmental notice or form that
223	230		represents or implies that a criminal penalty may be imposed if the
224	231		recipient does not remit payment for the good or service;
225	232		(30) [(29)] delivering or distributing a solicitation
226	233		in connection with a good or service that resembles a check or other
227	234		negotiable instrument or invoice, unless the portion of the
228	235		solicitation that resembles a check or other negotiable instrument
229	236		or invoice includes the following notice, clearly and conspicuously
230	237		printed in at least 18-point type:
231	238		"SPECIMEN-NON-NEGOTIABLE";
232	239		(31) [(30)] in the production, sale, distribution, or
233	240		promotion of a synthetic substance that produces and is intended to
234	241		produce an effect when consumed or ingested similar to, or in excess
235	242		of, the effect of a controlled substance or controlled substance
236	243		analogue, as those terms are defined by Section 481.002, Health and
237	244		Safety Code:
238	245		(A) making a deceptive representation or
239	246		designation about the synthetic substance; or
240	247		(B) causing confusion or misunderstanding as to
241	248		the effects the synthetic substance causes when consumed or
242	249		ingested; or
243	250		(32) [(31)] a licensed public insurance adjuster
244	251		directly or indirectly soliciting employment, as defined by Section
245	252		38.01, Penal Code, for an attorney, or a licensed public insurance
246	253		adjuster entering into a contract with an insured for the primary
247	254		purpose of referring the insured to an attorney without the intent
248	255		to actually perform the services customarily provided by a licensed
249	256		public insurance adjuster, provided that this subdivision may not
250	257		be construed to prohibit a licensed public insurance adjuster from
251	258		recommending a particular attorney to an insured.
252	259		SECTION 3.02. Section 17.461, Business & Commerce Code, is
253	260		transferred to Subchapter D, Chapter 32, Penal Code, and
254	261		redesignated as Section 32.55, Penal Code, to read as follows:
255	262		Sec. 32.55 [17.461]. PYRAMID PROMOTIONAL SCHEME. (a) In
256	263		this section:
257	264		(1) "Compensation" means payment of money, a financial
258	265		benefit, or another thing of value. The term does not include
259	266		payment based on sale of a product to a person, including a
260	267		participant, who purchases the product for actual use or
261	268		consumption.
262	269		(2) "Consideration" means the payment of cash or the
263	270		purchase of a product. The term does not include:
264	271		(A) a purchase of a product furnished at cost to
265	272		be used in making a sale and not for resale;
266	273		(B) a purchase of a product subject to a
267	274		repurchase agreement that complies with Subsection (b); or
268	275		(C) time and effort spent in pursuit of a sale or
269	276		in a recruiting activity.
270	277		(3) "Participate" means to contribute money into a
271	278		pyramid promotional scheme without promoting, organizing, or
272	279		operating the scheme.
273	280		(4) "Product" means a good, a service, or intangible
274	281		property of any kind.
275	282		(5) "Promoting a pyramid promotional scheme" means:
276	283		(A) inducing or attempting to induce one or more
277	284		other persons to participate in a pyramid promotional scheme; or
278	285		(B) assisting another person in inducing or
279	286		attempting to induce one or more other persons to participate in a
280	287		pyramid promotional scheme, including by providing references.
281	288		(6) "Pyramid promotional scheme" means a plan or
282	289		operation by which a person gives consideration for the opportunity
283	290		to receive compensation that is derived primarily from a person's
284	291		introduction of other persons to participate in the plan or
285	292		operation rather than from the sale of a product by a person
286	293		introduced into the plan or operation.
287	294		(b) To qualify as a repurchase agreement for the purposes of
288	295		Subsection (a)(2)(B), an agreement must be an enforceable agreement
289	296		by the seller to repurchase, on written request of the purchaser and
290	297		not later than the first anniversary of the purchaser's date of
291	298		purchase, all unencumbered products that are in an unused,
292	299		commercially resalable condition at a price not less than 90
293	300		percent of the amount actually paid by the purchaser for the
294	301		products being returned, less any consideration received by the
295	302		purchaser for purchase of the products being returned. A product
296	303		that is no longer marketed by the seller is considered resalable if
297	304		the product is otherwise in an unused, commercially resalable
298	305		condition and is returned to the seller not later than the first
299	306		anniversary of the purchaser's date of purchase, except that the
300	307		product is not considered resalable if before the purchaser
301	308		purchased the product it was clearly disclosed to the purchaser
302	309		that the product was sold as a nonreturnable, discontinued,
303	310		seasonal, or special promotion item.
304	311		(c) A person commits an offense if the person contrives,
305	312		prepares, establishes, operates, advertises, sells, or promotes a
306	313		pyramid promotional scheme. An offense under this subsection is a
307	314		state jail felony.
308	315		(d) It is not a defense to prosecution for an offense under
309	316		this section that the pyramid promotional scheme involved both a
310	317		franchise to sell a product and the authority to sell additional
311	318		franchises if the emphasis of the scheme is on the sale of
312	319		additional franchises.
313	320		SECTION 3.03. Sections 522.001 and 522.002, Business &
314	321		Commerce Code, are transferred to Subchapter D, Chapter 32, Penal
315	322		Code, redesignated as Section 32.511, Penal Code, and amended to
316	323		read as follows:
317	324		Sec. 32.511 [522.001]. IDENTITY THEFT BY ELECTRONIC DEVICE
318	325		[DEFINITIONS]. (a) In this section [chapter]:
319	326		(1) "Payment card" means a credit card, debit card,
320	327		check card, or other card that is issued to an authorized user to
321	328		purchase or obtain goods, services, money, or any other thing of
322	329		value.
323	330		(2) "Re-encoder" means an electronic device that can
324	331		be used to transfer encoded information from a magnetic strip on a
325	332		payment card onto the magnetic strip of a different payment card.
326	333		(3) "Scanning device" means an electronic device used
327	334		to access, read, scan, or store information encoded on the magnetic
328	335		strip of a payment card.
329	336		(b) [Sec. 522.002. OFFENSE; PENALTY. (a)] A person
330	337		commits an offense if the person uses a scanning device or
331	338		re-encoder to access, read, scan, store, or transfer information
332	339		encoded on the magnetic strip of a payment card without the consent
333	340		of an authorized user of the payment card and with intent to harm or
334	341		defraud another.
335	342		(c) [(b)] An offense under this section is a Class B
336	343		misdemeanor, except that the offense is a state jail felony if the
337	344		information accessed, read, scanned, stored, or transferred was
338	345		protected health information as defined by the Health Insurance
339	346		Portability and Accountability Act and Privacy Standards, as
340	347		defined by Section 181.001, Health and Safety Code.
341	348		(d) [(c)] If conduct that constitutes an offense under this
342	349		section also constitutes an offense under any other law, the actor
343	350		may be prosecuted under this section or the other law.
344	351		SECTION 3.04. Article 18.18(g), Code of Criminal Procedure,
345	352		is amended to read as follows:
346	353		(g) For purposes of this article:
347	354		(1) "criminal instrument" has the meaning defined in
348	355		the Penal Code;
349	356		(2) "gambling device or equipment, altered gambling
350	357		equipment or gambling paraphernalia" has the meaning defined in the
351	358		Penal Code;
352	359		(3) "prohibited weapon" has the meaning defined in the
353	360		Penal Code;
354	361		(4) "dog-fighting equipment" means:
355	362		(A) equipment used for training or handling a
356	363		fighting dog, including a harness, treadmill, cage, decoy, pen,
357	364		house for keeping a fighting dog, feeding apparatus, or training
358	365		pen;
359	366		(B) equipment used for transporting a fighting
360	367		dog, including any automobile, or other vehicle, and its
361	368		appurtenances which are intended to be used as a vehicle for
362	369		transporting a fighting dog;
363	370		(C) equipment used to promote or advertise an
364	371		exhibition of dog fighting, including a printing press or similar
365	372		equipment, paper, ink, or photography equipment; or
366	373		(D) a dog trained, being trained, or intended to
367	374		be used to fight with another dog;
368	375		(5) "obscene device" and "obscene" have the meanings
369	376		assigned by Section 43.21, Penal Code;
370	377		(6) "re-encoder" has the meaning assigned by Section
371	378		32.511, Penal [522.001, Business & Commerce] Code;
372	379		(7) "scanning device" has the meaning assigned by
373	380		Section 32.511, Penal [522.001, Business & Commerce] Code; and
374	381		(8) "obscene material" and "child pornography"
375	382		include digital images and the media and equipment on which those
376	383		images are stored.
377	384		SECTION 3.05. Article 59.01(2), Code of Criminal Procedure,
378	385		is amended to read as follows:
379	386		(2) "Contraband" means property of any nature,
380	387		including real, personal, tangible, or intangible, that is:
381	388		(A) used in the commission of:
382	389		(i) any first or second degree felony under
383	390		the Penal Code;
384	391		(ii) any felony under Section 15.031(b),
385	392		20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
386	393		33A, or 35, Penal Code;
387	394		(iii) any felony under The Securities Act
388	395		(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
389	396		(iv) any offense under Chapter 49, Penal
390	397		Code, that is punishable as a felony of the third degree or state
391	398		jail felony, if the defendant has been previously convicted three
392	399		times of an offense under that chapter;
393	400		(B) used or intended to be used in the commission
394	401		of:
395	402		(i) any felony under Chapter 481, Health
396	403		and Safety Code (Texas Controlled Substances Act);
397	404		(ii) any felony under Chapter 483, Health
398	405		and Safety Code;
399	406		(iii) a felony under Chapter 151, Finance
400	407		Code;
401	408		(iv) any felony under Chapter 34, Penal
402	409		Code;
403	410		(v) a Class A misdemeanor under Subchapter
404	411		B, Chapter 365, Health and Safety Code, if the defendant has been
405	412		previously convicted twice of an offense under that subchapter;
406	413		(vi) any felony under Chapter 32, Human
407	414		Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
408	415		involves the state Medicaid program;
409	416		(vii) a Class B misdemeanor under Section
410	417		32.511, Penal [Chapter 522, Business & Commerce] Code;
411	418		(viii) a Class A misdemeanor under Section
412	419		306.051, Business & Commerce Code;
413	420		(ix) any offense under Section 42.10, Penal
414	421		Code;
415	422		(x) any offense under Section 46.06(a)(1)
416	423		or 46.14, Penal Code;
417	424		(xi) any offense under Chapter 71, Penal
418	425		Code;
419	426		(xii) any offense under Section 20.05 or
420	427		20.06, Penal Code; or
421	428		(xiii) an offense under Section 326.002,
422	429		Business & Commerce Code;
423	430		(C) the proceeds gained from the commission of a
424	431		felony listed in Paragraph (A) or (B) of this subdivision, a
425	432		misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
426	433		this subdivision, or a crime of violence;
427	434		(D) acquired with proceeds gained from the
428	435		commission of a felony listed in Paragraph (A) or (B) of this
429	436		subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
430	437		or (xi) of this subdivision, or a crime of violence;
431	438		(E) used to facilitate or intended to be used to
432	439		facilitate the commission of a felony under Section 15.031 or
433	440		43.25, Penal Code; or
434	441		(F) used to facilitate or intended to be used to
435	442		facilitate the commission of a felony under Section 20A.02 or
436	443		Chapter 43, Penal Code.
437	444		SECTION 3.06. Sections 557.001 and 557.011, Government
438	445		Code, are transferred to Chapter 40, Penal Code, as added by this
439	446		Act, redesignated as Sections 40.01 and 40.02, Penal Code,
440	447		respectively, and amended to read as follows:
441	448		Sec. 40.01 [557.001]. SEDITION. (a) A person commits an
442	449		offense if the person knowingly:
443	450		(1) commits, attempts to commit, or conspires with one
444	451		or more persons to commit an act intended to overthrow, destroy, or
445	452		alter the constitutional form of government of this state or of any
446	453		political subdivision of this state by force or violence;
447	454		(2) under circumstances that constitute a clear and
448	455		present danger to the security of this state or a political
449	456		subdivision of this state, advocates, advises, or teaches or
450	457		conspires with one or more persons to advocate, advise, or teach a
451	458		person to commit or attempt to commit an act described in
452	459		Subdivision (1); or
453	460		(3) participates, with knowledge of the nature of the
454	461		organization, in the management of an organization that engages in
455	462		or attempts to engage in an act intended to overthrow, destroy, or
456	463		alter the constitutional form of government of this state or of any
457	464		political subdivision of this state by force or violence.
458	465		(b) An offense under this section is a felony of the second
459	466		degree [punishable by:
460	467		[(1) a fine not to exceed $20,000;
461	468		[(2) confinement in the Texas Department of Criminal
462	469		Justice for a term of not less than one year or more than 20 years;
463	470		or
464	471		[(3) both fine and imprisonment].
465	472		(c) A person convicted of an offense under this section may
466	473		not receive community supervision under Chapter 42A, Code of
467	474		Criminal Procedure.
468	475		Sec. 40.02 [557.011]. SABOTAGE. (a) A person commits an
469	476		offense if the person, with the intent to injure the United States,
470	477		this state, or any facility or property used for national defense
471	478		sabotages or attempts to sabotage any property or facility used or
472	479		to be used for national defense.
473	480		(b) An offense under this section is a felony of the second
474	481		degree [punishable by confinement in the Texas Department of
475	482		Criminal Justice for a term of not less than two years or more than
476	483		20 years].
477	484		(c) If conduct constituting an offense under this section
478	485		also constitutes an offense under another provision of law, the
479	486		actor may be prosecuted under both sections.
480	487		(d) In this section, "sabotage" means to wilfully and
481	488		maliciously damage or destroy property.
482	489		SECTION 3.07. Section 557.002, Government Code, is amended
483	490		to read as follows:
484	491		Sec. 557.002. DISQUALIFICATION. A person who is finally
485	492		convicted of an offense under Section 40.01, Penal Code, [557.001]
486	493		may not hold office or a position of profit, trust, or employment
487	494		with the state or any political subdivision of the state.
488	495		SECTION 3.08. Section 3101.010(b), Government Code, is
489	496		amended to read as follows:
490	497		(b) An offense under this section is a misdemeanor and on
491	498		conviction is punishable by[:
492	499		[(1)] a fine of not less than $5 or more than $300[;
493	500		[(2) confinement in the county jail for a term not to
494	501		exceed three months; or
495	502		[(3) both a fine and confinement].
496	503		SECTION 3.09. Section 615.002(e), Local Government Code, is
497	504		amended to read as follows:
498	505		(e) A person commits an offense if the person violates a
499	506		parking rule adopted under this section. An offense under this
500	507		subsection is a Class C misdemeanor [punishable by a fine of not
501	508		less than $1 nor more than $20].
502	509		SECTION 3.10. Section 11.074(b), Natural Resources Code, is
503	510		amended to read as follows:
504	511		(b) Any owner of stock or a [his] manager, agent, employee,
505	512		or servant of the owner who fences, uses, occupies, or appropriates
506	513		by herding or line-riding any portion of the land covered by
507	514		Subsection (a) [of this section] without a lease for the land
508	515		commits an offense. An offense under this section is a Class C
509	516		misdemeanor[, on conviction, shall be fined not less than $100 nor
510	517		more than $1,000 and confined in the county jail for not less than
511	518		three months nor more than two years]. Each day for which a
512	519		violation continues constitutes a separate offense.
513	520		SECTION 3.11. Section 88.134(b), Natural Resources Code, is
514	521		amended to read as follows:
515	522		(b) A person who violates any [other] provision of this
516	523		chapter other than those covered by Subsection (a), a person who
517	524		fails to comply with any of the other terms of this chapter, a
518	525		person who fails to comply with the terms of a rule or order adopted
519	526		by the governmental agency under the terms of this chapter, or a
520	527		person who violates any of the rules or orders of the governmental
521	528		agency adopted under the provisions of this chapter commits an
522	529		offense. An offense under this subsection is a felony of the third
523	530		degree [on conviction is considered guilty of a felony and on
524	531		conviction shall be punished by imprisonment in the Texas
525	532		Department of Criminal Justice for a term of not less than two nor
526	533		more than four years].
527	534		SECTION 3.12. Section 114.102(b), Natural Resources Code,
528	535		is amended to read as follows:
529	536		(b) An offense under this section is a Class A misdemeanor
530	537		[felony of the third degree].
531	538		SECTION 3.13. Section 264.151(a), Occupations Code, is
532	539		amended to read as follows:
533	540		(a) A person commits an offense if the person violates
534	541		Section 256.001. An offense under this subsection is a felony of
535	542		the third degree. [Each day of a violation is a separate offense.]
536	543		SECTION 3.14. Section 266.303, Occupations Code, is amended
537	544		by amending Subsection (b) and adding Subsection (b-1) to read as
538	545		follows:
539	546		(b) An offense for a violation of Section 266.151 is a Class
540	547		A misdemeanor, except that the offense is a felony of the third
541	548		degree if it is shown on the trial of the offense that the defendant
542	549		has previously been convicted of an offense for a violation of
543	550		Section 266.151.
544	551		(b-1) An offense for a violation of [or] Section 266.301(b)
545	552		is a Class A misdemeanor, except that the offense is a felony of the
546	553		third degree if it is shown on the trial of the offense that the
547	554		defendant has previously been convicted of an offense for a
548	555		violation of Section 266.301(b).
549	556		SECTION 3.15. Section 1701.553(b), Occupations Code, is
550	557		amended to read as follows:
551	558		(b) An offense under Subsection (a) is a Class A misdemeanor
552	559		[state jail felony].
553	560		SECTION 3.16. Subchapter E, Chapter 1802, Occupations Code,
554	561		is amended by adding Section 1802.2025 to read as follows:
555	562		Sec. 1802.2025. FRIVOLOUS CLAIMS; CIVIL PENALTY. (a) A
556	563		person may not, for personal benefit or to harm another:
557	564		(1) institute a claim under this chapter in which the
558	565		person knows the person has no interest; or
559	566		(2) institute a frivolous suit or claim that the
560	567		person knows is false.
561	568		(b) A person who violates Subsection (a) is subject to a
562	569		civil penalty under Section 51.352.
563	570		SECTION 3.17. Section 2155.002(d), Occupations Code, is
564	571		amended to read as follows:
565	572		(d) An offense under Subsection (a) or (c) is a misdemeanor
566	573		punishable by[:
567	574		[(1)] a fine of not less than $25 or more than $100[;
568	575		[(2) confinement in jail for a term not to exceed 30
569	576		days; or
570	577		[(3) both a fine and confinement].
571	578		SECTION 3.18. Section 2156.006, Occupations Code, is
572	579		amended to read as follows:
573	580		Sec. 2156.006. FORFEITURE OF LEASE. A theater's lessee or a
574	581		lessee's assigns forfeit the lease and any rights and privileges
575	582		under the lease if the person[:
576	583		[(1)] does not comply with the law governing
577	584		theaters[; or
578	585		[(2) is convicted of an offense under Section
579	586		2156.005].
580	587		SECTION 3.19. Section 32.153(a), Parks and Wildlife Code,
581	588		is amended to read as follows:
582	589		(a) A person commits an offense if the person violates:
583	590		(1) Section 32.051;
584	591		(2) [Section 32.053(b);
585	592		[(3)] Section 32.056;
586	593		(3) [(4) Section 32.057(d);
587	594		[(5)] Section 32.101;
588	595		(4) [(6)] Section 32.104;
589	596		(5) [(7)] Section 32.105;
590	597		(6) [(8)] Section 32.106;
591	598		(7) [(9)] Section 32.107; or
592	599		(8) [(10)] Section 32.108.
593	600		SECTION 3.20. Section 62.013, Parks and Wildlife Code, is
594	601		amended to read as follows:
595	602		Sec. 62.013. PENALTIES. (a) Except as provided by
596	603		Subsections (b), (b-1), and (c) of this section, a person who
597	604		violates a provision of this subchapter commits an offense that is a
598	605		Class C Parks and Wildlife Code misdemeanor.
599	606		(b) A person who violates Section 62.003, 62.004, [62.005,]
600	607		62.0065, 62.011(c), or 350.001 or a rule adopted under Section
601	608		62.0065 commits an offense that is a Class A Parks and Wildlife Code
602	609		misdemeanor, unless it is shown at the trial of the defendant for a
603	610		violation of that section or rule, as appropriate, that the
604	611		defendant has been convicted one or more times before the trial date
605	612		of a violation of that section or rule, as appropriate, in which
606	613		case the offense is a Parks and Wildlife Code state jail felony.
607	614		(b-1) A person who violates Section 62.005 commits an
608	615		offense that is a:
609	616		(1) Class C Parks and Wildlife Code misdemeanor if the
610	617		person commits the offense recklessly;
611	618		(2) Class A Parks and Wildlife Code misdemeanor if the
612	619		person intentionally or knowingly commits the offense; or
613	620		(3) Parks and Wildlife Code state jail felony if it is
614	621		shown at the trial of the defendant for a violation of that section
615	622		that the defendant has been convicted one or more times before the
616	623		trial date of a violation of that section.
617	624		(c) In addition to the punishments provided in Subsections
618	625		(a), [and] (b), and (b-1), a person who violates Section 62.003,
619	626		62.004, 62.005, 62.0065, 62.011(c), or 350.001 or a rule adopted
620	627		under Section 62.0065 is punishable by the revocation or suspension
621	628		under Section 12.5015 of hunting and fishing licenses and permits.
622	629		SECTION 3.21. Section 76.040, Parks and Wildlife Code, is
623	630		amended by amending Subsection (b) and adding Subsection (b-1) to
624	631		read as follows:
625	632		(b) A person who violates Section 76.037 [or Section 76.038
626	633		of this code] commits an offense that is a Class B Parks and
627	634		Wildlife Code misdemeanor.
628	635		(b-1) A person who violates Section 76.038 commits an
629	636		offense that is a:
630	637		(1) Class C Parks and Wildlife Code misdemeanor if the
631	638		person commits the offense recklessly; or
632	639		(2) Class B Parks and Wildlife Code misdemeanor if the
633	640		person intentionally or knowingly commits the offense.
634	641		SECTION 3.22. Section 76.118, Parks and Wildlife Code, is
635	642		amended by amending Subsections (a), (b), and (c) and adding
636	643		Subsection (a-1) to read as follows:
637	644		(a) Except as provided in Subsections (a-1), (b), and (c) of
638	645		this section, a person who violates a provision of this subchapter
639	646		or a regulation of the commission issued under this subchapter
640	647		commits an offense that is a Class C Parks and Wildlife Code
641	648		misdemeanor.
642	649		(a-1) A person who violates Section 76.101 or 76.109 or a
643	650		regulation of the commission issued under one of those sections
644	651		commits an offense that is a:
645	652		(1) Class C Parks and Wildlife Code misdemeanor if the
646	653		person commits the offense recklessly; or
647	654		(2) Class B Parks and Wildlife Code misdemeanor if the
648	655		person intentionally or knowingly commits the offense.
649	656		(b) A person who violates Section [76.101,] 76.107[, or
650	657		76.109] or a regulation of the commission issued under that section
651	658		[one of those sections] commits an offense that is a Class B Parks
652	659		and Wildlife Code misdemeanor.
653	660		(c) A person who violates Section 76.116, or at the same
654	661		time violates Sections 76.109 and 76.116, commits an offense that
655	662		is a:
656	663		(1) Class B Parks and Wildlife Code misdemeanor if the
657	664		person commits the offense recklessly; or
658	665		(2) Class A Parks and Wildlife Code misdemeanor if the
659	666		person intentionally or knowingly commits the offense.
660	667		SECTION 3.23. Section 77.061(b), Parks and Wildlife Code,
661	668		is amended to read as follows:
662	669		(b) Notwithstanding the provisions of Subchapter E, Chapter
663	670		12, of this code, a person who violates Subdivision (1) of
664	671		Subsection (a) of this section or Section 77.024 of this code
665	672		commits an offense that is a:
666	673		(1) Class C Parks and Wildlife Code misdemeanor if the
667	674		person commits the offense recklessly; or
668	675		(2) Class B Parks and Wildlife Code misdemeanor if the
669	676		person intentionally or knowingly commits the offense [and on
670	677		conviction is punishable by a fine of not less than $2,500 nor more
671	678		than $5,000, by confinement in the county jail for not less than six
672	679		months nor more than one year, or by both].
673	680		SECTION 3.24. Section 19.03(a), Penal Code, is amended to
674	681		read as follows:
675	682		(a) A person commits an offense if the person commits murder
676	683		as defined under Section 19.02(b)(1) and:
677	684		(1) the person murders a peace officer or fireman who
678	685		is acting in the lawful discharge of an official duty and who the
679	686		person knows is a peace officer or fireman;
680	687		(2) the person intentionally commits the murder in the
681	688		course of committing or attempting to commit kidnapping, burglary,
682	689		robbery, aggravated sexual assault, arson, obstruction or
683	690		retaliation, sabotage, or terroristic threat under Section
684	691		22.07(a)(1), (3), (4), (5), or (6);
685	692		(3) the person commits the murder for remuneration or
686	693		the promise of remuneration or employs another to commit the murder
687	694		for remuneration or the promise of remuneration;
688	695		(4) the person commits the murder while escaping or
689	696		attempting to escape from a penal institution;
690	697		(5) the person, while incarcerated in a penal
691	698		institution, murders another:
692	699		(A) who is employed in the operation of the penal
693	700		institution; or
694	701		(B) with the intent to establish, maintain, or
695	702		participate in a combination or in the profits of a combination;
696	703		(6) the person:
697	704		(A) while incarcerated for an offense under this
698	705		section or Section 19.02, murders another; or
699	706		(B) while serving a sentence of life imprisonment
700	707		or a term of 99 years for an offense under Section 20.04, 22.021, or
701	708		29.03, murders another;
702	709		(7) the person murders more than one person:
703	710		(A) during the same criminal transaction; or
704	711		(B) during different criminal transactions but
705	712		the murders are committed pursuant to the same scheme or course of
706	713		conduct;
707	714		(8) the person murders an individual under 10 years of
708	715		age; or
709	716		(9) the person murders another person in retaliation
710	717		for or on account of the service or status of the other person as a
711	718		judge or justice of the supreme court, the court of criminal
712	719		appeals, a court of appeals, a district court, a criminal district
713	720		court, a constitutional county court, a statutory county court, a
714	721		justice court, or a municipal court.
715	722		SECTION 3.25. Section 37.10(c)(2), Penal Code, is amended
716	723		to read as follows:
717	724		(2) An offense under this section is a felony of the
718	725		third degree if it is shown on the trial of the offense that the
719	726		governmental record was:
720	727		(A) a public school record, report, or assessment
721	728		instrument required under Chapter 39, Education Code, a public
722	729		school record, form, report, or budget required under Chapter 42,
723	730		Education Code, or a rule adopted under that chapter, data reported
724	731		for a school district or open-enrollment charter school to the
725	732		Texas Education Agency through the Public Education Information
726	733		Management System (PEIMS) described by Section 42.006, Education
727	734		Code, under a law or rule requiring that reporting, or a license,
728	735		certificate, permit, seal, title, letter of patent, or similar
729	736		document issued by government, by another state, or by the United
730	737		States, unless the actor's intent is to defraud or harm another, in
731	738		which event the offense is a felony of the second degree;
732	739		(B) a written report of a medical, chemical,
733	740		toxicological, ballistic, or other expert examination or test
734	741		performed on physical evidence for the purpose of determining the
735	742		connection or relevance of the evidence to a criminal action;
736	743		(C) a written report of the certification,
737	744		inspection, or maintenance record of an instrument, apparatus,
738	745		implement, machine, or other similar device used in the course of an
739	746		examination or test performed on physical evidence for the purpose
740	747		of determining the connection or relevance of the evidence to a
741	748		criminal action; or
742	749		(D) a search warrant issued by a magistrate.
743	750		SECTION 3.26. Title 8, Penal Code, is amended by adding
744	751		Chapter 40, and a heading is added to that chapter to read as
745	752		follows:
746	753		CHAPTER 40. SEDITION AND SABOTAGE
747	754		SECTION 3.27. Section 154.517, Tax Code, is amended to read
748	755		as follows:
749	756		Sec. 154.517. FELONY OR MISDEMEANOR. (a) An offense under
750	757		Section [Sections] 154.511, 154.512, 154.514, 154.515, or
751	758		[through] 154.516 is a felony of the third degree.
752	759		(b) An offense under Section 154.513 is a Class A
753	760		misdemeanor unless it is shown on the trial of the offense that the
754	761		person has been previously convicted of an offense under that
755	762		section, in which event the offense is a felony of the third degree.
756	763		SECTION 3.28. Section 155.208, Tax Code, is amended to read
757	764		as follows:
758	765		Sec. 155.208. MISDEMEANOR. (a) An offense under Section
759	766		155.202, 155.204, 155.205, 155.206, or 155.207 [Sections
760	767		155.202-155.207] is a Class A misdemeanor.
761	768		(b) An offense under Section 155.203 is a Class C
762	769		misdemeanor unless it is shown on the trial of the offense that the
763	770		person has been previously convicted of an offense under that
764	771		section, in which event the offense is a Class A misdemeanor.
765	772		SECTION 3.29. Section 155.213, Tax Code, is amended to read
766	773		as follows:
767	774		Sec. 155.213. FELONY OR MISDEMEANOR. (a) An offense under
768	775		Section 155.210 or 155.212 [Sections 155.209-155.212] is a felony
769	776		of the third degree.
770	777		(b) An offense under Section 155.209 is a Class A
771	778		misdemeanor unless it is shown on the trial of the offense that the
772	779		person has been previously convicted of an offense under that
773	780		section, in which event the offense is a felony of the third degree.
774	781		(c) An offense under Section 155.211 is a Class A
775	782		misdemeanor unless it is shown on the trial of the offense that the
776	783		person has been previously convicted of an offense under that
777	784		section, in which event the offense is a felony of the third degree.
778	785		SECTION 3.30. Section 15.030(c), Utilities Code, is amended
779	786		to read as follows:
780	787		(c) An offense under this section is a Class A misdemeanor
781	788		[felony of the third degree].
782	789		SECTION 3.31. Section 105.024(b), Utilities Code, is
783	790		amended to read as follows:
784	791		(b) An offense under this section is a Class A misdemeanor
785	792		[felony of the third degree].
786	793		SECTION 3.32. The following laws are repealed:
787	794		(1) Section 101.64, Alcoholic Beverage Code;
788	795		(2) Sections 17.22, 17.30, 17.31, and 204.005,
789	796		Business & Commerce Code;
790	797		(3) Chapter 504, Business & Commerce Code;
791	798		(4) the heading to Chapter 522, Business & Commerce
792	799		Code;
793	800		(5) Section 44.051, Education Code;
794	801		(6) Sections 59.002, 89.101, 119.202, 122.251, and
795	802		199.001, Finance Code;
796	803		(7) the heading to Subchapter B, Chapter 557,
797	804		Government Code;
798	805		(8) Sections 557.012 and 557.013, Government Code;
799	806		(9) Sections 52.021 and 52.022, Labor Code;
800	807		(10) Sections 205.401(b), 1802.302, 1805.103,
801	808		2156.004, 2156.005, and 2158.003, Occupations Code;
802	809		(11) Sections 32.053(b) and 32.057(d), Parks and
803	810		Wildlife Code;
804	811		(12) Articles 4005a, 4006a, 4006b, 4015d, 4015e, and
805	812		5196b, Revised Statutes;
806	813		(13) Chapter 281 (H.B. 2680), Acts of the 73rd
807	814		Legislature, Regular Session, 1993 (Article 4413(47e-1), Vernon's
808	815		Texas Civil Statutes); and
809	816		(14) Chapter 487 (H.B. 376), Acts of the 56th
810	817		Legislature, Regular Session, 1959 (Article 9010, Vernon's Texas
811	818		Civil Statutes).
812	819		ARTICLE 4. TRANSITION PROVISIONS; EFFECTIVE DATE
813	820		SECTION 4.01. The changes in law made by this Act apply only
814	821		to an offense committed on or after the effective date of this Act.
815	822		An offense committed before the effective date of this Act is
816	823		governed by the law in effect on the date the offense was committed,
817	824		and the former law is continued in effect for that purpose. For
818	825		purposes of this section, an offense was committed before the
819	826		effective date of this Act if any element of the offense occurred
820	827		before that date.
821	828		SECTION 4.02. To the extent of any conflict, this Act
822	829		prevails over another Act of the 85th Legislature, Regular Session,
823	830		2017, relating to nonsubstantive additions to and corrections in
824	831		enacted codes.
825	832		SECTION 4.03. This Act takes effect September 1, 2017.
	833	+	* * * * *