Texas 2019 - 86th Regular

Texas House Bill HB226 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Krause, Murr, Goldman, Guillen, Moody, H.B. No. 226
2		-	et al.
	1	+	86R15000 JCG-D
	2	+	By: Krause, Murr, Moody H.B. No. 226
	3	+	Substitute the following for H.B. No. 226:
	4	+	By: Murr C.S.H.B. No. 226
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to the creation of a commission to review certain penal
8	10		laws of this state and to make certain recommendations regarding
9	11		those laws, to criminal offenses previously compiled in statutes
10	12		outside the Penal Code, to repealing certain of those offenses, and
11	13		to conforming punishments for certain of those offenses to the
12	14		penalty structure provided in the Penal Code; increasing the
13	15		punishment for the criminal offenses of sedition, sabotage, and
14	16		capital sabotage; imposing a civil penalty.
15	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	18		ARTICLE 1. PURPOSE
17	19		SECTION 1.01. PURPOSE. The purpose of this Act is to
18	20		implement the recommendations of the commission created by Section
19	21		29, Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
20	22		Session, 2015, and to authorize additional review of the penal laws
21	23		described by Section 2.01(a) of this Act.
22	24		ARTICLE 2. COMMISSION TO STUDY CERTAIN PENAL LAWS
23	25		SECTION 2.01. COMMISSION TO STUDY CERTAIN PENAL LAWS.
24	26		(a) A commission is created to study and review all penal laws of
25	27		this state other than criminal offenses:
26	28		(1) under the Penal Code;
27	29		(2) under Chapter 481, Health and Safety Code; or
28	30		(3) related to the operation of a motor vehicle.
29	31		(b) The commission shall:
30	32		(1) evaluate all laws described by Subsection (a) of
31	33		this section;
32	34		(2) make recommendations to the legislature regarding
33	35		the repeal or amendment of laws that are identified as being
34	36		unnecessary, unclear, duplicative, overly broad, or otherwise
35	37		insufficient to serve the intended purpose of the law, including
36	38		the laws identified by the commission created by Section 29,
37	39		Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
38	40		Session, 2015, as requiring additional review; and
39	41		(3) evaluate the recommendations made by the
40	42		commission created by Section 29, Chapter 1251 (H.B. 1396), Acts of
41	43		the 84th Legislature, Regular Session, 2015.
42	44		(c) The commission is composed of nine members appointed as
43	45		follows:
44	46		(1) two members appointed by the governor;
45	47		(2) two members appointed by the lieutenant governor;
46	48		(3) two members appointed by the speaker of the house
47	49		of representatives;
48	50		(4) two members appointed by the chief justice of the
49	51		Supreme Court of Texas; and
50	52		(5) one member appointed by the presiding judge of the
51	53		Texas Court of Criminal Appeals.
52	54		(d) The officials making appointments to the commission
53	55		under Subsection (c) of this section shall ensure that the
54	56		membership of the commission includes representatives of all areas
55	57		of the criminal justice system, including prosecutors, defense
56	58		attorneys, judges, legal scholars, and relevant business
57	59		interests.
58	60		(e) The governor shall designate one member of the
59	61		commission to serve as the presiding officer of the commission.
60	62		(f) A member of the commission is not entitled to
61	63		compensation or reimbursement of expenses.
62	64		(g) The commission shall meet at the call of the presiding
63	65		officer.
64	66		(h) Not later than November 1, 2020, the commission shall
65	67		report the commission's findings and recommendations to the
66	68		governor, the lieutenant governor, the speaker of the house of
67	69		representatives, the Supreme Court of Texas, the Texas Court of
68	70		Criminal Appeals, and the standing committees of the house of
69	71		representatives and the senate with primary jurisdiction over
70	72		criminal justice. The commission shall include in its
71	73		recommendations any specific statutes that the commission
72	74		recommends repealing or amending.
73	75		SECTION 2.02. APPOINTMENT OF MEMBERS. Not later than the
74	76		60th day after the effective date of this Act, the governor, the
75	77		lieutenant governor, the speaker of the house of representatives,
76	78		the chief justice of the Supreme Court of Texas, and the presiding
77	79		judge of the Texas Court of Criminal Appeals shall appoint the
78	80		members of the commission created under this article.
79	81		SECTION 2.03. ABOLITION OF COMMISSION. The commission is
80	82		abolished and this article expires December 31, 2020.
81	83		ARTICLE 3. MISCELLANEOUS AMENDMENTS RELATING TO CRIMINAL OFFENSES
82	84		SECTION 3.01. Section 17.46(b), Business & Commerce Code,
83	85		as amended by Chapters 324 (S.B. 1488), 858 (H.B. 2552), and 967
84	86		(S.B. 2065), Acts of the 85th Legislature, Regular Session, 2017,
85	87		is reenacted and amended to read as follows:
86	88		(b) Except as provided in Subsection (d) of this section,
87	89		the term "false, misleading, or deceptive acts or practices"
88	90		includes, but is not limited to, the following acts:
89	91		(1) passing off goods or services as those of another;
90	92		(2) causing confusion or misunderstanding as to the
91	93		source, sponsorship, approval, or certification of goods or
92	94		services;
93	95		(3) causing confusion or misunderstanding as to
94	96		affiliation, connection, or association with, or certification by,
95	97		another;
96	98		(4) using deceptive representations or designations
97	99		of geographic origin in connection with goods or services;
98	100		(5) representing that goods or services have
99	101		sponsorship, approval, characteristics, ingredients, uses,
100	102		benefits, or quantities which they do not have or that a person has
101	103		a sponsorship, approval, status, affiliation, or connection which
102	104		the person does not;
103	105		(6) representing that goods are original or new if
104	106		they are deteriorated, reconditioned, reclaimed, used, or
105	107		secondhand;
106	108		(7) representing that goods or services are of a
107	109		particular standard, quality, or grade, or that goods are of a
108	110		particular style or model, if they are of another;
109	111		(8) disparaging the goods, services, or business of
110	112		another by false or misleading representation of facts;
111	113		(9) advertising goods or services with intent not to
112	114		sell them as advertised;
113	115		(10) advertising goods or services with intent not to
114	116		supply a reasonable expectable public demand, unless the
115	117		advertisements disclosed a limitation of quantity;
116	118		(11) making false or misleading statements of fact
117	119		concerning the reasons for, existence of, or amount of price
118	120		reductions;
119	121		(12) representing that an agreement confers or
120	122		involves rights, remedies, or obligations which it does not have or
121	123		involve, or which are prohibited by law;
122	124		(13) knowingly making false or misleading statements
123	125		of fact concerning the need for parts, replacement, or repair
124	126		service;
125	127		(14) misrepresenting the authority of a salesman,
126	128		representative or agent to negotiate the final terms of a consumer
127	129		transaction;
128	130		(15) basing a charge for the repair of any item in
129	131		whole or in part on a guaranty or warranty instead of on the value of
130	132		the actual repairs made or work to be performed on the item without
131	133		stating separately the charges for the work and the charge for the
132	134		warranty or guaranty, if any;
133	135		(16) disconnecting, turning back, or resetting the
134	136		odometer of any motor vehicle so as to reduce the number of miles
135	137		indicated on the odometer gauge;
136	138		(17) advertising of any sale by fraudulently
137	139		representing that a person is going out of business;
138	140		(18) advertising, selling, or distributing a card
139	141		which purports to be a prescription drug identification card issued
140	142		under Section 4151.152, Insurance Code, in accordance with rules
141	143		adopted by the commissioner of insurance, which offers a discount
142	144		on the purchase of health care goods or services from a third party
143	145		provider, and which is not evidence of insurance coverage, unless:
144	146		(A) the discount is authorized under an agreement
145	147		between the seller of the card and the provider of those goods and
146	148		services or the discount or card is offered to members of the
147	149		seller;
148	150		(B) the seller does not represent that the card
149	151		provides insurance coverage of any kind; and
150	152		(C) the discount is not false, misleading, or
151	153		deceptive;
152	154		(19) using or employing a chain referral sales plan in
153	155		connection with the sale or offer to sell of goods, merchandise, or
154	156		anything of value, which uses the sales technique, plan,
155	157		arrangement, or agreement in which the buyer or prospective buyer
156	158		is offered the opportunity to purchase merchandise or goods and in
157	159		connection with the purchase receives the seller's promise or
158	160		representation that the buyer shall have the right to receive
159	161		compensation or consideration in any form for furnishing to the
160	162		seller the names of other prospective buyers if receipt of the
161	163		compensation or consideration is contingent upon the occurrence of
162	164		an event subsequent to the time the buyer purchases the merchandise
163	165		or goods;
164	166		(20) representing that a guaranty or warranty confers
165	167		or involves rights or remedies which it does not have or involve,
166	168		provided, however, that nothing in this subchapter shall be
167	169		construed to expand the implied warranty of merchantability as
168	170		defined in Sections 2.314 through 2.318 and Sections 2A.212 through
169	171		2A.216 to involve obligations in excess of those which are
170	172		appropriate to the goods;
171	173		(21) promoting a pyramid promotional scheme, as
172	174		defined by Section 32.55, Penal Code [17.461];
173	175		(22) representing that work or services have been
174	176		performed on, or parts replaced in, goods when the work or services
175	177		were not performed or the parts replaced;
176	178		(23) filing suit founded upon a written contractual
177	179		obligation of and signed by the defendant to pay money arising out
178	180		of or based on a consumer transaction for goods, services, loans, or
179	181		extensions of credit intended primarily for personal, family,
180	182		household, or agricultural use in any county other than in the
181	183		county in which the defendant resides at the time of the
182	184		commencement of the action or in the county in which the defendant
183	185		in fact signed the contract; provided, however, that a violation of
184	186		this subsection shall not occur where it is shown by the person
185	187		filing such suit that the person neither knew or had reason to know
186	188		that the county in which such suit was filed was neither the county
187	189		in which the defendant resides at the commencement of the suit nor
188	190		the county in which the defendant in fact signed the contract;
189	191		(24) failing to disclose information concerning goods
190	192		or services which was known at the time of the transaction if such
191	193		failure to disclose such information was intended to induce the
192	194		consumer into a transaction into which the consumer would not have
193	195		entered had the information been disclosed;
194	196		(25) using the term "corporation," "incorporated," or
195	197		an abbreviation of either of those terms in the name of a business
196	198		entity that is not incorporated under the laws of this state or
197	199		another jurisdiction;
198	200		(26) selling, offering to sell, or illegally promoting
199	201		an annuity contract under Chapter 22, Acts of the 57th Legislature,
200	202		3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
201	203		Statutes), with the intent that the annuity contract will be the
202	204		subject of a salary reduction agreement, as defined by that Act, if
203	205		the annuity contract is not an eligible qualified investment under
204	206		that Act or is not registered with the Teacher Retirement System of
205	207		Texas as required by Section 8A of that Act;
206	208		(27) taking advantage of a disaster declared by the
207	209		governor under Chapter 418, Government Code, by:
208	210		(A) selling or leasing fuel, food, medicine, or
209	211		another necessity at an exorbitant or excessive price; or
210	212		(B) demanding an exorbitant or excessive price in
211	213		connection with the sale or lease of fuel, food, medicine, or
212	214		another necessity;
213	215		(28) using the translation into a foreign language of
214	216		a title or other word, including "attorney," "immigration
215	217		consultant," "immigration expert," "lawyer," "licensed," "notary,"
216	218		and "notary public," in any written or electronic material,
217	219		including an advertisement, a business card, a letterhead,
218	220		stationery, a website, or an online video, in reference to a person
219	221		who is not an attorney in order to imply that the person is
220	222		authorized to practice law in the United States;
221	223		(29) delivering or distributing a solicitation in
222	224		connection with a good or service that:
223	225		(A) represents that the solicitation is sent on
224	226		behalf of a governmental entity when it is not; or
225	227		(B) resembles a governmental notice or form that
226	228		represents or implies that a criminal penalty may be imposed if the
227	229		recipient does not remit payment for the good or service;
228	230		(30) delivering or distributing a solicitation in
229	231		connection with a good or service that resembles a check or other
230	232		negotiable instrument or invoice, unless the portion of the
231	233		solicitation that resembles a check or other negotiable instrument
232	234		or invoice includes the following notice, clearly and conspicuously
233	235		printed in at least 18-point type:
234	236		"SPECIMEN-NON-NEGOTIABLE";
235	237		(31) in the production, sale, distribution, or
236	238		promotion of a synthetic substance that produces and is intended to
237	239		produce an effect when consumed or ingested similar to, or in excess
238	240		of, the effect of a controlled substance or controlled substance
239	241		analogue, as those terms are defined by Section 481.002, Health and
240	242		Safety Code:
241	243		(A) making a deceptive representation or
242	244		designation about the synthetic substance; or
243	245		(B) causing confusion or misunderstanding as to
244	246		the effects the synthetic substance causes when consumed or
245	247		ingested;
246	248		(32) a licensed public insurance adjuster directly or
247	249		indirectly soliciting employment, as defined by Section 38.01,
248	250		Penal Code, for an attorney, or a licensed public insurance
249	251		adjuster entering into a contract with an insured for the primary
250	252		purpose of referring the insured to an attorney without the intent
251	253		to actually perform the services customarily provided by a licensed
252	254		public insurance adjuster, provided that this subdivision may not
253	255		be construed to prohibit a licensed public insurance adjuster from
254	256		recommending a particular attorney to an insured; [or]
255	257		(33) owning, operating, maintaining, or advertising a
256	258		massage establishment, as defined by Section 455.001, Occupations
257	259		Code, that:
258	260		(A) is not appropriately licensed under Chapter
259	261		455, Occupations Code, or is not in compliance with the applicable
260	262		licensing and other requirements of that chapter; or
261	263		(B) is not in compliance with an applicable local
262	264		ordinance relating to the licensing or regulation of massage
263	265		establishments; or
264	266		(34) [(33)] a warrantor of a vehicle protection
265	267		product warranty using, in connection with the product, a name that
266	268		includes "casualty," "surety," "insurance," "mutual," or any other
267	269		word descriptive of an insurance business, including property or
268	270		casualty insurance, or a surety business.
269	271		SECTION 3.02. Section 17.461, Business & Commerce Code, is
270	272		transferred to Subchapter D, Chapter 32, Penal Code, and
271	273		redesignated as Section 32.55, Penal Code, to read as follows:
272	274		Sec. 32.55 [17.461]. PYRAMID PROMOTIONAL SCHEME. (a) In
273	275		this section:
274	276		(1) "Compensation" means payment of money, a financial
275	277		benefit, or another thing of value. The term does not include
276	278		payment based on sale of a product to a person, including a
277	279		participant, who purchases the product for actual use or
278	280		consumption.
279	281		(2) "Consideration" means the payment of cash or the
280	282		purchase of a product. The term does not include:
281	283		(A) a purchase of a product furnished at cost to
282	284		be used in making a sale and not for resale;
283	285		(B) a purchase of a product subject to a
284	286		repurchase agreement that complies with Subsection (b); or
285	287		(C) time and effort spent in pursuit of a sale or
286	288		in a recruiting activity.
287	289		(3) "Participate" means to contribute money into a
288	290		pyramid promotional scheme without promoting, organizing, or
289	291		operating the scheme.
290	292		(4) "Product" means a good, a service, or intangible
291	293		property of any kind.
292	294		(5) "Promoting a pyramid promotional scheme" means:
293	295		(A) inducing or attempting to induce one or more
294	296		other persons to participate in a pyramid promotional scheme; or
295	297		(B) assisting another person in inducing or
296	298		attempting to induce one or more other persons to participate in a
297	299		pyramid promotional scheme, including by providing references.
298	300		(6) "Pyramid promotional scheme" means a plan or
299	301		operation by which a person gives consideration for the opportunity
300	302		to receive compensation that is derived primarily from a person's
301	303		introduction of other persons to participate in the plan or
302	304		operation rather than from the sale of a product by a person
303	305		introduced into the plan or operation.
304	306		(b) To qualify as a repurchase agreement for the purposes of
305	307		Subsection (a)(2)(B), an agreement must be an enforceable agreement
306	308		by the seller to repurchase, on written request of the purchaser and
307	309		not later than the first anniversary of the purchaser's date of
308	310		purchase, all unencumbered products that are in an unused,
309	311		commercially resalable condition at a price not less than 90
310	312		percent of the amount actually paid by the purchaser for the
311	313		products being returned, less any consideration received by the
312	314		purchaser for purchase of the products being returned. A product
313	315		that is no longer marketed by the seller is considered resalable if
314	316		the product is otherwise in an unused, commercially resalable
315	317		condition and is returned to the seller not later than the first
316	318		anniversary of the purchaser's date of purchase, except that the
317	319		product is not considered resalable if before the purchaser
318	320		purchased the product it was clearly disclosed to the purchaser
319	321		that the product was sold as a nonreturnable, discontinued,
320	322		seasonal, or special promotion item.
321	323		(c) A person commits an offense if the person contrives,
322	324		prepares, establishes, operates, advertises, sells, or promotes a
323	325		pyramid promotional scheme. An offense under this subsection is a
324	326		state jail felony.
325	327		(d) It is not a defense to prosecution for an offense under
326	328		this section that the pyramid promotional scheme involved both a
327	329		franchise to sell a product and the authority to sell additional
328	330		franchises if the emphasis of the scheme is on the sale of
329	331		additional franchises.
330	332		SECTION 3.03. Sections 522.001 and 522.002, Business &
331	333		Commerce Code, are transferred to Subchapter D, Chapter 32, Penal
332	334		Code, redesignated as Section 32.511, Penal Code, and amended to
333	335		read as follows:
334	336		Sec. 32.511 [522.001]. IDENTITY THEFT BY ELECTRONIC DEVICE
335	337		[DEFINITIONS]. (a) In this section [chapter]:
336	338		(1) "Payment card" means a credit card, debit card,
337	339		check card, or other card that is issued to an authorized user to
338	340		purchase or obtain goods, services, money, or any other thing of
339	341		value.
340	342		(2) "Re-encoder" means an electronic device that can
341	343		be used to transfer encoded information from a magnetic strip on a
342	344		payment card onto the magnetic strip of a different payment card.
343	345		(3) "Scanning device" means an electronic device used
344	346		to access, read, scan, or store information encoded on the magnetic
345	347		strip of a payment card.
346	348		(b) [Sec. 522.002. OFFENSE; PENALTY. (a)] A person commits
347	349		an offense if the person uses a scanning device or re-encoder to
348	350		access, read, scan, store, or transfer information encoded on the
349	351		magnetic strip of a payment card without the consent of an
350	352		authorized user of the payment card and with intent to harm or
351	353		defraud another.
352	354		(c) [(b)] An offense under this section is a Class B
353	355		misdemeanor, except that the offense is a state jail felony if the
354	356		information accessed, read, scanned, stored, or transferred was
355	357		protected health information as defined by the Health Insurance
356	358		Portability and Accountability Act and Privacy Standards, as
357	359		defined by Section 181.001, Health and Safety Code.
358	360		(d) [(c)] If conduct that constitutes an offense under this
359	361		section also constitutes an offense under any other law, the actor
360	362		may be prosecuted under this section or the other law.
361	363		SECTION 3.04. Article 18.18(g), Code of Criminal Procedure,
362	364		is amended to read as follows:
363	365		(g) For purposes of this article:
364	366		(1) "criminal instrument" has the meaning defined in
365	367		the Penal Code;
366	368		(2) "gambling device or equipment, altered gambling
367	369		equipment or gambling paraphernalia" has the meaning defined in the
368	370		Penal Code;
369	371		(3) "prohibited weapon" has the meaning defined in the
370	372		Penal Code;
371	373		(4) "dog-fighting equipment" means:
372	374		(A) equipment used for training or handling a
373	375		fighting dog, including a harness, treadmill, cage, decoy, pen,
374	376		house for keeping a fighting dog, feeding apparatus, or training
375	377		pen;
376	378		(B) equipment used for transporting a fighting
377	379		dog, including any automobile, or other vehicle, and its
378	380		appurtenances which are intended to be used as a vehicle for
379	381		transporting a fighting dog;
380	382		(C) equipment used to promote or advertise an
381	383		exhibition of dog fighting, including a printing press or similar
382	384		equipment, paper, ink, or photography equipment; or
383	385		(D) a dog trained, being trained, or intended to
384	386		be used to fight with another dog;
385	387		(5) "obscene device" and "obscene" have the meanings
386	388		assigned by Section 43.21, Penal Code;
387	389		(6) "re-encoder" has the meaning assigned by Section
388	390		32.511, Penal [522.001, Business & Commerce] Code;
389	391		(7) "scanning device" has the meaning assigned by
390	392		Section 32.511, Penal [522.001, Business & Commerce] Code; and
391	393		(8) "obscene material" and "child pornography"
392	394		include digital images and the media and equipment on which those
393	395		images are stored.
394	396		SECTION 3.05. Article 59.01(2), Code of Criminal Procedure,
395	397		is amended to read as follows:
396	398		(2) "Contraband" means property of any nature,
397	399		including real, personal, tangible, or intangible, that is:
398	400		(A) used in the commission of:
399	401		(i) any first or second degree felony under
400	402		the Penal Code;
401	403		(ii) any felony under Section 15.031(b),
402	404		20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
403	405		33A, or 35, Penal Code;
404	406		(iii) any felony under The Securities Act
405	407		(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
406	408		(iv) any offense under Chapter 49, Penal
407	409		Code, that is punishable as a felony of the third degree or state
408	410		jail felony, if the defendant has been previously convicted three
409	411		times of an offense under that chapter;
410	412		(B) used or intended to be used in the commission
411	413		of:
412	414		(i) any felony under Chapter 481, Health
413	415		and Safety Code (Texas Controlled Substances Act);
414	416		(ii) any felony under Chapter 483, Health
415	417		and Safety Code;
416	418		(iii) a felony under Chapter 151, Finance
417	419		Code;
418	420		(iv) any felony under Chapter 34, Penal
419	421		Code;
420	422		(v) a Class A misdemeanor under Subchapter
421	423		B, Chapter 365, Health and Safety Code, if the defendant has been
422	424		previously convicted twice of an offense under that subchapter;
423	425		(vi) any felony under Chapter 32, Human
424	426		Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
425	427		involves the state Medicaid program;
426	428		(vii) an offense [a Class B misdemeanor]
427	429		under Section 32.511, Penal [Chapter 522, Business & Commerce]
428	430		Code;
429	431		(viii) a Class A misdemeanor under Section
430	432		306.051, Business & Commerce Code;
431	433		(ix) any offense under Section 42.10, Penal
432	434		Code;
433	435		(x) any offense under Section 46.06(a)(1)
434	436		or 46.14, Penal Code;
435	437		(xi) any offense under Chapter 71, Penal
436	438		Code;
437	439		(xii) any offense under Section 20.05 or
438	440		20.06, Penal Code; or
439	441		(xiii) an offense under Section 326.002,
440	442		Business & Commerce Code;
441	443		(C) the proceeds gained from the commission of a
442	444		felony listed in Paragraph (A) or (B) of this subdivision, a
443	445		misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
444	446		this subdivision, or a crime of violence;
445	447		(D) acquired with proceeds gained from the
446	448		commission of a felony listed in Paragraph (A) or (B) of this
447	449		subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
448	450		or (xi) of this subdivision, or a crime of violence;
449	451		(E) used to facilitate or intended to be used to
450	452		facilitate the commission of a felony under Section 15.031 or
451	453		43.25, Penal Code; or
452	454		(F) used to facilitate or intended to be used to
453	455		facilitate the commission of a felony under Section 20A.02 or
454	456		Chapter 43, Penal Code.
455	457		SECTION 3.06. Sections 557.001 and 557.011, Government
456	458		Code, are transferred to Chapter 40, Penal Code, as added by this
457	459		Act, redesignated as Sections 40.01 and 40.02, Penal Code,
458	460		respectively, and amended to read as follows:
459	461		Sec. 40.01 [557.001]. SEDITION. (a) A person commits an
460	462		offense if the person knowingly:
461	463		(1) commits, attempts to commit, or conspires with one
462	464		or more persons to commit an act intended to overthrow, destroy, or
463	465		alter the constitutional form of government of this state or of any
464	466		political subdivision of this state by force or violence;
465	467		(2) under circumstances that constitute a clear and
466	468		present danger to the security of this state or a political
467	469		subdivision of this state, advocates, advises, or teaches or
468	470		conspires with one or more persons to advocate, advise, or teach a
469	471		person to commit or attempt to commit an act described in
470	472		Subdivision (1); or
471	473		(3) participates, with knowledge of the nature of the
472	474		organization, in the management of an organization that engages in
473	475		or attempts to engage in an act intended to overthrow, destroy, or
474	476		alter the constitutional form of government of this state or of any
475	477		political subdivision of this state by force or violence.
476	478		(b) An offense under this section is a felony of the second
477	479		degree [punishable by:
478	480		[(1) a fine not to exceed $20,000;
479	481		[(2) confinement in the Texas Department of Criminal
480	482		Justice for a term of not less than one year or more than 20 years;
481	483		or
482	484		[(3) both fine and imprisonment].
483	485		(c) A person convicted of an offense under this section may
484	486		not receive community supervision under Chapter 42A, Code of
485	487		Criminal Procedure.
486	488		Sec. 40.02 [557.011]. SABOTAGE. (a) A person commits an
487	489		offense if the person, with the intent to injure the United States,
488	490		this state, or any facility or property used for national defense
489	491		sabotages or attempts to sabotage any property or facility used or
490	492		to be used for national defense.
491	493		(b) An offense under this section is a felony of the second
492	494		degree [punishable by confinement in the Texas Department of
493	495		Criminal Justice for a term of not less than two years or more than
494	496		20 years].
495	497		(c) If conduct constituting an offense under this section
496	498		also constitutes an offense under another provision of law, the
497	499		actor may be prosecuted under both sections.
498	500		(d) In this section, "sabotage" means to wilfully and
499	501		maliciously damage or destroy property.
500	502		SECTION 3.07. Section 557.002, Government Code, is amended
501	503		to read as follows:
502	504		Sec. 557.002. DISQUALIFICATION. A person who is finally
503	505		convicted of an offense under Section 40.01, Penal Code, [557.001]
504	506		may not hold office or a position of profit, trust, or employment
505	507		with the state or any political subdivision of the state.
506	508		SECTION 3.08. Section 3101.010(b), Government Code, is
507	509		amended to read as follows:
508	510		(b) An offense under this section is a misdemeanor and on
509	511		conviction is punishable by[:
510	512		[(1)] a fine of not less than $5 or more than $300[;
511	513		[(2) confinement in the county jail for a term not to
512	514		exceed three months; or
513	515		[(3) both a fine and confinement].
514	516		SECTION 3.09. Section 615.002(e), Local Government Code, is
515	517		amended to read as follows:
516	518		(e) A person commits an offense if the person violates a
517	519		parking rule adopted under this section. An offense under this
518	520		subsection is a Class C misdemeanor [punishable by a fine of not
519	521		less than $1 nor more than $20].
520	522		SECTION 3.10. Section 11.074(b), Natural Resources Code, is
521	523		amended to read as follows:
522	524		(b) Any owner of stock or a [his] manager, agent, employee,
523	525		or servant of the owner who fences, uses, occupies, or appropriates
524	526		by herding or line-riding any portion of the land covered by
525	527		Subsection (a) [of this section] without a lease for the land
526	528		commits an offense. An offense under this section is a Class C
527	529		misdemeanor[, on conviction, shall be fined not less than $100 nor
528	530		more than $1,000 and confined in the county jail for not less than
529	531		three months nor more than two years]. Each day for which a
530	532		violation continues constitutes a separate offense.
531	533		SECTION 3.11. Section 88.134(b), Natural Resources Code, is
532	534		amended to read as follows:
533	535		(b) A person who violates any [other] provision of this
534	536		chapter other than those covered by Subsection (a), a person who
535	537		fails to comply with any of the other terms of this chapter, a
536	538		person who fails to comply with the terms of a rule or order adopted
537	539		by the governmental agency under the terms of this chapter, or a
538	540		person who violates any of the rules or orders of the governmental
539	541		agency adopted under the provisions of this chapter commits an
540	542		offense. An offense under this subsection is a felony of the third
541	543		degree [on conviction is considered guilty of a felony and on
542	544		conviction shall be punished by imprisonment in the Texas
543	545		Department of Criminal Justice for a term of not less than two nor
544	546		more than four years].
545	547		SECTION 3.12. Section 114.102(b), Natural Resources Code,
546	548		is amended to read as follows:
547	549		(b) An offense under this section is a Class A misdemeanor
548	550		[felony of the third degree].
549	551		SECTION 3.13. Section 264.151(a), Occupations Code, is
550	552		amended to read as follows:
551	553		(a) A person commits an offense if the person violates
552	554		Section 256.001. An offense under this subsection is a felony of
553	555		the third degree. [Each day of a violation is a separate offense.]
554	556		SECTION 3.14. Section 266.303, Occupations Code, is amended
555	557		by amending Subsection (b) and adding Subsection (b-1) to read as
556	558		follows:
557	559		(b) An offense for a violation of Section 266.151 is a Class
558	560		A misdemeanor, except that the offense is a felony of the third
559	561		degree if it is shown on the trial of the offense that the defendant
560	562		has previously been convicted of an offense for a violation of
561	563		Section 266.151.
562	564		(b-1) An offense for a violation of [or] Section 266.301(b)
563	565		is a Class A misdemeanor, except that the offense is a felony of the
564	566		third degree if it is shown on the trial of the offense that the
565	567		defendant has previously been convicted of an offense for a
566	568		violation of Section 266.301(b).
567	569		SECTION 3.15. Section 1701.553(b), Occupations Code, is
568	570		amended to read as follows:
569	571		(b) An offense under Subsection (a) is a Class A misdemeanor
570	572		[state jail felony].
571	573		SECTION 3.16. Subchapter E, Chapter 1802, Occupations Code,
572	574		is amended by adding Section 1802.2025 to read as follows:
573	575		Sec. 1802.2025. FRIVOLOUS CLAIMS; CIVIL PENALTY. (a) A
574	576		person may not, for personal benefit or to harm another:
575	577		(1) institute a claim under this chapter in which the
576	578		person knows the person has no interest; or
577	579		(2) institute a frivolous suit or claim that the
578	580		person knows is false.
579	581		(b) A person who violates Subsection (a) is subject to a
580	582		civil penalty under Section 51.352.
581	583		SECTION 3.17. Section 2155.002(e), Occupations Code, is
582	584		amended to read as follows:
583	585		(e) An offense under this section [Subsection (b)] is a
584	586		misdemeanor punishable by a fine of not more than $100.
585	587		SECTION 3.18. Section 2156.006, Occupations Code, is
586	588		amended to read as follows:
587	589		Sec. 2156.006. FORFEITURE OF LEASE. A theater's lessee or a
588	590		lessee's assigns forfeit the lease and any rights and privileges
589	591		under the lease if the person[:
590	592		[(1)] does not comply with the law governing
591	593		theaters[; or
592	594		[(2) is convicted of an offense under Section
593	595		2156.005].
594		-	SECTION 3.19. Section 19.03(a), Penal Code, is amended to
	596	+	SECTION 3.19. Section 32.153(a), Parks and Wildlife Code,
	597	+	is amended to read as follows:
	598	+	(a) A person commits an offense if the person violates:
	599	+	(1) Section 32.051;
	600	+	(2) [Section 32.053(b);
	601	+	[(3)] Section 32.056;
	602	+	(3) [(4) Section 32.057(d);
	603	+	[(5)] Section 32.101;
	604	+	(4) [(6)] Section 32.104;
	605	+	(5) [(7)] Section 32.105;
	606	+	(6) [(8)] Section 32.106;
	607	+	(7) [(9)] Section 32.107; or
	608	+	(8) [(10)] Section 32.108.
	609	+	SECTION 3.20. Section 62.013, Parks and Wildlife Code, is
	610	+	amended to read as follows:
	611	+	Sec. 62.013. PENALTIES. (a) Except as provided by
	612	+	Subsections (b), (b-1), and (c) of this section, a person who
	613	+	violates a provision of this subchapter commits an offense that is a
	614	+	Class C Parks and Wildlife Code misdemeanor.
	615	+	(b) A person who violates Section 62.003, 62.004, [62.005,]
	616	+	62.0065, 62.011(c), or 350.001 or a rule adopted under Section
	617	+	62.0065 commits an offense that is a Class A Parks and Wildlife Code
	618	+	misdemeanor, unless it is shown at the trial of the defendant for a
	619	+	violation of that section or rule, as appropriate, that the
	620	+	defendant has been convicted one or more times before the trial date
	621	+	of a violation of that section or rule, as appropriate, in which
	622	+	case the offense is a Parks and Wildlife Code state jail felony.
	623	+	(b-1) A person who violates Section 62.005 commits an
	624	+	offense that is a:
	625	+	(1) Class C Parks and Wildlife Code misdemeanor if the
	626	+	person commits the offense recklessly;
	627	+	(2) Class A Parks and Wildlife Code misdemeanor if the
	628	+	person intentionally or knowingly commits the offense; or
	629	+	(3) Parks and Wildlife Code state jail felony if it is
	630	+	shown at the trial of the defendant for a violation of that section
	631	+	that the defendant has been convicted one or more times before the
	632	+	trial date of a violation of that section.
	633	+	(c) In addition to the punishments provided in Subsections
	634	+	(a), [and] (b), and (b-1), a person who violates Section 62.003,
	635	+	62.004, 62.005, 62.0065, 62.011(c), or 350.001 or a rule adopted
	636	+	under Section 62.0065 is punishable by the revocation or suspension
	637	+	under Section 12.5015 of hunting and fishing licenses and permits.
	638	+	SECTION 3.21. Section 76.040, Parks and Wildlife Code, is
	639	+	amended by amending Subsection (b) and adding Subsection (b-1) to
	640	+	read as follows:
	641	+	(b) A person who violates Section 76.037 [or Section 76.038
	642	+	of this code] commits an offense that is a Class B Parks and
	643	+	Wildlife Code misdemeanor.
	644	+	(b-1) A person who violates Section 76.038 commits an
	645	+	offense that is a:
	646	+	(1) Class C Parks and Wildlife Code misdemeanor if the
	647	+	person commits the offense recklessly; or
	648	+	(2) Class B Parks and Wildlife Code misdemeanor if the
	649	+	person intentionally or knowingly commits the offense.
	650	+	SECTION 3.22. Section 76.118, Parks and Wildlife Code, is
	651	+	amended by amending Subsections (a), (b), and (c) and adding
	652	+	Subsection (a-1) to read as follows:
	653	+	(a) Except as provided in Subsections (a-1), (b), (c),
	654	+	(e-2), and (e-3), a person who violates a provision of this
	655	+	subchapter or a regulation of the commission issued under this
	656	+	subchapter commits an offense that is a Class C Parks and Wildlife
	657	+	Code misdemeanor.
	658	+	(a-1) A person who violates Section 76.101 or 76.109 or a
	659	+	regulation of the commission issued under one of those sections
	660	+	commits an offense that is a:
	661	+	(1) Class C Parks and Wildlife Code misdemeanor if the
	662	+	person commits the offense recklessly; or
	663	+	(2) Class B Parks and Wildlife Code misdemeanor if the
	664	+	person intentionally or knowingly commits the offense.
	665	+	(b) A person who violates Section [76.101,] 76.107[, or
	666	+	76.109] or a regulation of the commission issued under that section
	667	+	[one of those sections] commits an offense that is a Class B Parks
	668	+	and Wildlife Code misdemeanor.
	669	+	(c) A person who violates Section 76.116, or at the same
	670	+	time violates Sections 76.109 and 76.116, commits an offense that
	671	+	is a:
	672	+	(1) Class B Parks and Wildlife Code misdemeanor if the
	673	+	person commits the offense recklessly; or
	674	+	(2) Class A Parks and Wildlife Code misdemeanor if the
	675	+	person intentionally or knowingly commits the offense.
	676	+	SECTION 3.23. Section 77.061(b), Parks and Wildlife Code,
	677	+	is amended to read as follows:
	678	+	(b) Notwithstanding the provisions of Subchapter E, Chapter
	679	+	12, of this code, a person who violates Subdivision (1) of
	680	+	Subsection (a) of this section or Section 77.024 of this code
	681	+	commits an offense that is a:
	682	+	(1) Class C Parks and Wildlife Code misdemeanor if the
	683	+	person commits the offense recklessly; or
	684	+	(2) Class B Parks and Wildlife Code misdemeanor if the
	685	+	person intentionally or knowingly commits the offense [and on
	686	+	conviction is punishable by a fine of not less than $2,500 nor more
	687	+	than $5,000, by confinement in the county jail for not less than six
	688	+	months nor more than one year, or by both].
	689	+	SECTION 3.24. Section 19.03(a), Penal Code, is amended to
595	690		read as follows:
596	691		(a) A person commits an offense if the person commits murder
597	692		as defined under Section 19.02(b)(1) and:
598	693		(1) the person murders a peace officer or fireman who
599	694		is acting in the lawful discharge of an official duty and who the
600	695		person knows is a peace officer or fireman;
601	696		(2) the person intentionally commits the murder in the
602	697		course of committing or attempting to commit kidnapping, burglary,
603	698		robbery, aggravated sexual assault, arson, obstruction or
604	699		retaliation, sabotage, or terroristic threat under Section
605	700		22.07(a)(1), (3), (4), (5), or (6);
606	701		(3) the person commits the murder for remuneration or
607	702		the promise of remuneration or employs another to commit the murder
608	703		for remuneration or the promise of remuneration;
609	704		(4) the person commits the murder while escaping or
610	705		attempting to escape from a penal institution;
611	706		(5) the person, while incarcerated in a penal
612	707		institution, murders another:
613	708		(A) who is employed in the operation of the penal
614	709		institution; or
615	710		(B) with the intent to establish, maintain, or
616	711		participate in a combination or in the profits of a combination;
617	712		(6) the person:
618	713		(A) while incarcerated for an offense under this
619	714		section or Section 19.02, murders another; or
620	715		(B) while serving a sentence of life imprisonment
621	716		or a term of 99 years for an offense under Section 20.04, 22.021, or
622	717		29.03, murders another;
623	718		(7) the person murders more than one person:
624	719		(A) during the same criminal transaction; or
625	720		(B) during different criminal transactions but
626	721		the murders are committed pursuant to the same scheme or course of
627	722		conduct;
628	723		(8) the person murders an individual under 10 years of
629	724		age; or
630	725		(9) the person murders another person in retaliation
631	726		for or on account of the service or status of the other person as a
632	727		judge or justice of the supreme court, the court of criminal
633	728		appeals, a court of appeals, a district court, a criminal district
634	729		court, a constitutional county court, a statutory county court, a
635	730		justice court, or a municipal court.
636		-	SECTION 3.20. Section 37.10(c)(2), Penal Code, is amended
	731	+	SECTION 3.25. Section 37.10(c)(2), Penal Code, is amended
637	732		to read as follows:
638	733		(2) An offense under this section is a felony of the
639	734		third degree if it is shown on the trial of the offense that the
640	735		governmental record was:
641	736		(A) a public school record, report, or assessment
642	737		instrument required under Chapter 39, Education Code, a public
643	738		school record, form, report, or budget required under Chapter 42,
644	739		Education Code, or a rule adopted under that chapter, data reported
645	740		for a school district or open-enrollment charter school to the
646	741		Texas Education Agency through the Public Education Information
647	742		Management System (PEIMS) described by Section 42.006, Education
648	743		Code, under a law or rule requiring that reporting, or a license,
649	744		certificate, permit, seal, title, letter of patent, or similar
650	745		document issued by government, by another state, or by the United
651	746		States, unless the actor's intent is to defraud or harm another, in
652	747		which event the offense is a felony of the second degree;
653	748		(B) a written report of a medical, chemical,
654	749		toxicological, ballistic, or other expert examination or test
655	750		performed on physical evidence for the purpose of determining the
656	751		connection or relevance of the evidence to a criminal action;
657	752		(C) a written report of the certification,
658	753		inspection, or maintenance record of an instrument, apparatus,
659	754		implement, machine, or other similar device used in the course of an
660	755		examination or test performed on physical evidence for the purpose
661	756		of determining the connection or relevance of the evidence to a
662	757		criminal action; or
663	758		(D) a search warrant issued by a magistrate.
664		-	SECTION 3.21. Title 8, Penal Code, is amended by adding
	759	+	SECTION 3.26. Title 8, Penal Code, is amended by adding
665	760		Chapter 40, and a heading is added to that chapter to read as
666	761		follows:
667	762		CHAPTER 40. SEDITION AND SABOTAGE
668		-	SECTION 3.22. Section 154.517, Tax Code, is amended to read
	763	+	SECTION 3.27. Section 154.517, Tax Code, is amended to read
669	764		as follows:
670	765		Sec. 154.517. FELONY OR MISDEMEANOR. (a) An offense under
671	766		Section [Sections] 154.511, 154.512, 154.514, 154.515, or
672	767		[through] 154.516 is a felony of the third degree.
673	768		(b) An offense under Section 154.513 is a Class A
674	769		misdemeanor unless it is shown on the trial of the offense that the
675	770		person has been previously convicted of an offense under that
676	771		section, in which event the offense is a felony of the third degree.
677		-	SECTION 3.23. Section 155.208, Tax Code, is amended to read
	772	+	SECTION 3.28. Section 155.208, Tax Code, is amended to read
678	773		as follows:
679	774		Sec. 155.208. MISDEMEANOR. (a) An offense under Section
680	775		155.202, 155.204, 155.205, 155.206, or 155.207 [Sections
681	776		155.202-155.207] is a Class A misdemeanor.
682	777		(b) An offense under Section 155.203 is a Class C
683	778		misdemeanor unless it is shown on the trial of the offense that the
684	779		person has been previously convicted of an offense under that
685	780		section, in which event the offense is a Class A misdemeanor.
686		-	SECTION 3.24. Section 155.213, Tax Code, is amended to read
	781	+	SECTION 3.29. Section 155.213, Tax Code, is amended to read
687	782		as follows:
688	783		Sec. 155.213. FELONY OR MISDEMEANOR. (a) An offense under
689	784		Section 155.210 or 155.212 [Sections 155.209-155.212] is a felony
690	785		of the third degree.
691	786		(b) An offense under Section 155.209 is a Class A
692	787		misdemeanor unless it is shown on the trial of the offense that the
693	788		person has been previously convicted of an offense under that
694	789		section, in which event the offense is a felony of the third degree.
695	790		(c) An offense under Section 155.211 is a Class A
696	791		misdemeanor unless it is shown on the trial of the offense that the
697	792		person has been previously convicted of an offense under that
698	793		section, in which event the offense is a felony of the third degree.
699		-	SECTION 3.25. Section 15.030(c), Utilities Code, is amended
	794	+	SECTION 3.30. Section 15.030(c), Utilities Code, is amended
700	795		to read as follows:
701	796		(c) An offense under this section is a Class A misdemeanor
702	797		[felony of the third degree].
703		-	SECTION 3.26. Section 105.024(b), Utilities Code, is
	798	+	SECTION 3.31. Section 105.024(b), Utilities Code, is
704	799		amended to read as follows:
705	800		(b) An offense under this section is a Class A misdemeanor
706	801		[felony of the third degree].
707		-	SECTION 3.27. The following laws are repealed:
	802	+	SECTION 3.32. The following laws are repealed:
708	803		(1) Section 101.64, Alcoholic Beverage Code;
709	804		(2) Sections 17.30, 17.31, and 204.005, Business &
710	805		Commerce Code;
711	806		(3) Chapter 504, Business & Commerce Code;
712	807		(4) the heading to Chapter 522, Business & Commerce
713	808		Code;
714	809		(5) Section 44.051, Education Code;
715	810		(6) the heading to Subchapter B, Chapter 557,
716	811		Government Code;
717	812		(7) Sections 557.012 and 557.013, Government Code;
718	813		(8) Sections 52.021 and 52.022, Labor Code;
719		-	(9) Sections ~~201.604,~~ 205.401, ~~702~~.~~556~~, ~~1071~~.~~504~~,
720		-	~~1101~~.~~756~~, ~~1101~~.~~757~~, ~~1101~~.~~758~~, ~~1103~~.~~5545~~, ~~1104.253, 1802.301,~~
721		-	~~1802~~.~~302, 1802~~.~~303, 1805.103, 2155.002~~(d), ~~2156.004, 2156.005,~~
722		-	~~2158.003, 2501.251, 2501.501, and 2501.502, Occupations~~ Code;
723		-	(10) Articles 4005a, 4006a, 4006b, 4015d, 4015e,
	814	+	(9) Sections 205.401(b), 1802.302, 1805.103,
	815	+	2155.002(d), 2156.004, 2156.005, and 2158.003, Occupations Code;
	816	+	(10) Sections 32.053(b) and 32.057(d), Parks and
	817	+	Wildlife Code;
	818	+	(11) Articles 4005a, 4006a, 4006b, 4015d, 4015e,
724	819		5196b, and 9010, Revised Statutes; and
725		-	(11) Chapter 281 (H.B. 2680), Acts of the 73rd
	820	+	(12) Chapter 281 (H.B. 2680), Acts of the 73rd
726	821		Legislature, Regular Session, 1993 (Article 4413(47e-1), Vernon's
727	822		Texas Civil Statutes).
728	823		ARTICLE 4. TRANSITION PROVISIONS; EFFECTIVE DATE
729	824		SECTION 4.01. The changes in law made by this Act apply only
730	825		to an offense committed on or after the effective date of this Act.
731	826		An offense committed before the effective date of this Act is
732	827		governed by the law in effect on the date the offense was committed,
733	828		and the former law is continued in effect for that purpose. For
734	829		purposes of this section, an offense was committed before the
735	830		effective date of this Act if any element of the offense occurred
736	831		before that date.
737	832		SECTION 4.02. To the extent of any conflict, this Act
738	833		prevails over another Act of the 86th Legislature, Regular Session,
739	834		2019, relating to nonsubstantive additions to and corrections in
740	835		enacted codes.
741	836		SECTION 4.03. This Act takes effect September 1, 2019.