Texas 2019 - 86th Regular

Texas House Bill HB4169 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R3690 JSC-D
2	2	By: Moody H.B. No. 4169
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal penalties for certain criminal offenses.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 502.001(c), Business & Commerce Code, is
10	10	amended to read as follows:
11	11	(c) A restaurant or bar owner shall display in a prominent
12	12	place on the premises of the restaurant or bar a sign stating in
13	13	letters at least one-half inch high: "UNDER SECTION 32.51, PENAL
14	14	CODE, IT IS A [STATE JAIL] FELONY OF THE FOURTH DEGREE (PUNISHABLE
15	15	BY IMPRISONMENT IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
16	16	[CONFINEMENT IN A STATE JAIL] FOR NOT MORE THAN TWO YEARS) TO
17	17	OBTAIN, POSSESS, TRANSFER, OR USE A CUSTOMER'S DEBIT CARD OR CREDIT
18	18	CARD NUMBER WITHOUT THE CUSTOMER'S CONSENT."
19	19	SECTION 2. Section 101.029, Civil Practice and Remedies
20	20	Code, is amended to read as follows:
21	21	Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON
22	22	INMATES. (a) The Texas Department of Criminal Justice is liable
23	23	for property damage, personal injury, and death proximately caused
24	24	by the wrongful act or omission or the negligence of an inmate [or
25	25	state jail defendant] housed in a facility operated by the
26	26	department if:
27	27	(1) the property damage, personal injury, or death
28	28	arises from the operation or use of a motor-driven vehicle or
29	29	motor-driven equipment;
30	30	(2) the inmate [or defendant] would be personally
31	31	liable to the claimant for the property damage, personal injury, or
32	32	death according to Texas law were the inmate [or defendant] a
33	33	private person acting in similar circumstances; and
34	34	(3) the act, omission, or negligence was committed by
35	35	the inmate [or defendant] acting in the course and scope of a task
36	36	or activity that:
37	37	(A) the inmate [or defendant] performed at the
38	38	request of an employee of the department; and
39	39	(B) the inmate [or defendant] performed under the
40	40	control or supervision of the department.
41	41	(b) A claimant may not name the inmate [or state jail
42	42	defendant] whose act or omission gave rise to the claim as a
43	43	codefendant in an action brought under this section.
44	44	(c) A judgment in an action or a settlement of a claim
45	45	against the Texas Department of Criminal Justice under this section
46	46	bars any action involving the same subject matter by the claimant
47	47	against the inmate [or state jail defendant] whose act or omission
48	48	gave rise to the claim. A judgment in an action or a settlement of a
49	49	claim against an inmate [or state jail defendant] bars any action
50	50	involving the same subject matter by the claimant against the Texas
51	51	Department of Criminal Justice under this section.
52	52	(d) This section does not apply to property damage, personal
53	53	injury, or death sustained by an inmate [or state jail defendant].
54	54	SECTION 3. Article 42A.056, Code of Criminal Procedure, is
55	55	amended to read as follows:
56	56	Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
57	57	SUPERVISION. A defendant is not eligible for community
58	58	supervision under Article 42A.055 if the defendant:
59	59	(1) is sentenced to a term of imprisonment that
60	60	exceeds 10 years;
61	61	(2) [is convicted of a state jail felony for which
62	62	suspension of the imposition of the sentence occurs automatically
63	63	under Article 42A.551;
64	64	[(3)] is adjudged guilty of an offense under Section
65	65	19.02, Penal Code;
66	66	(3) [(4)] is convicted of an offense under Section
67	67	21.11(a)(1), 22.011, or 22.021, Penal Code, if the victim of the
68	68	offense was younger than 14 years of age at the time the offense was
69	69	committed;
70	70	(4) [(5)] is convicted of an offense under Section
71	71	20.04, Penal Code, if:
72	72	(A) the victim of the offense was younger than 14
73	73	years of age at the time the offense was committed; and
74	74	(B) the actor committed the offense with the
75	75	intent to violate or abuse the victim sexually;
76	76	(5) [(6)] is convicted of an offense under Section
77	77	20A.02, 43.05, or 43.25, Penal Code; or
78	78	(6) [(7)] is convicted of an offense for which
79	79	punishment is increased under Section 481.134(c), (d), (e), or (f),
80	80	Health and Safety Code, if it is shown that the defendant has been
81	81	previously convicted of an offense for which punishment was
82	82	increased under any of those subsections.
83	83	SECTION 4. Articles 56.12(a) and (a-1), Code of Criminal
84	84	Procedure, are amended to read as follows:
85	85	(a) The Texas Department of Criminal Justice shall
86	86	immediately notify the victim of an offense, the victim's guardian,
87	87	or the victim's close relative, if the victim is deceased, if the
88	88	victim, victim's guardian, or victim's close relative has notified
89	89	the department as provided by Subsection (b), whenever the
90	90	defendant:
91	91	(1) escapes from a facility operated by the department
92	92	for the imprisonment of individuals convicted of felonies [other
93	93	than state jail felonies]; or
94	94	(2) is transferred from the custody of a facility
95	95	operated by the department for the imprisonment of individuals
96	96	convicted of felonies [other than state jail felonies] to the
97	97	custody of a peace officer under a writ of attachment or a bench
98	98	warrant.
99	99	(a-1) The Texas Department of Criminal Justice shall
100	100	immediately notify a witness who testified against a defendant at
101	101	the trial for the offense for which the defendant is incarcerated,
102	102	the witness's guardian, or the witness's close relative, if the
103	103	witness is deceased, if the witness, witness's guardian, or
104	104	witness's close relative has notified the department as provided by
105	105	Subsection (b), whenever the defendant:
106	106	(1) escapes from a facility operated by the department
107	107	for the imprisonment of individuals convicted of felonies [other
108	108	than state jail felonies]; or
109	109	(2) is transferred from the custody of a facility
110	110	operated by the department for the imprisonment of individuals
111	111	convicted of felonies [other than state jail felonies] to the
112	112	custody of a peace officer under a writ of attachment or a bench
113	113	warrant.
114	114	SECTION 5. Article 57.02(i), Code of Criminal Procedure, as
115	115	added by Chapter 619 (H.B. 433), Acts of the 80th Legislature,
116	116	Regular Session, 2007, is amended to read as follows:
117	117	(i) This article does not prohibit the inspector general of
118	118	the Texas Department of Criminal Justice from disclosing a victim's
119	119	identifying information to an employee of the department if the
120	120	victim is an inmate [or state jail defendant] confined in a facility
121	121	operated by or under contract with the department.
122	122	SECTION 6. Article 57.02(i), Code of Criminal Procedure, as
123	123	added by Chapter 1217 (H.B. 1944), Acts of the 80th Legislature,
124	124	Regular Session, 2007, is redesignated as Article 57.02(j), Code of
125	125	Criminal Procedure, and amended to read as follows:
126	126	(j) [(i)] This article does not prohibit the inspector
127	127	general of the Texas Department of Criminal Justice from disclosing
128	128	a victim's identifying information to the department's ombudsperson
129	129	if the victim is an inmate [or state jail defendant] confined in a
130	130	facility operated by or under contract with the department.
131	131	SECTION 7. Article 57.03(c-1), Code of Criminal Procedure,
132	132	as added by Chapter 619 (H.B. 433), Acts of the 80th Legislature,
133	133	Regular Session, 2007, is amended to read as follows:
134	134	(c-1) It is an exception to the application of this article
135	135	that:
136	136	(1) the person who discloses the name, address, or
137	137	telephone number of a victim is the inspector general of the Texas
138	138	Department of Criminal Justice;
139	139	(2) the victim is an inmate [or state jail defendant]
140	140	confined in a facility operated by or under contract with the Texas
141	141	Department of Criminal Justice; and
142	142	(3) the person to whom the disclosure is made is an
143	143	employee of the department.
144	144	SECTION 8. Article 57.03(c-1), Code of Criminal Procedure,
145	145	as added by Chapter 1217 (H.B. 1944), Acts of the 80th Legislature,
146	146	Regular Session, 2007, is redesignated as Article 57.03(c-2), Code
147	147	of Criminal Procedure, and amended to read as follows:
148	148	(c-2) [(c-1)] It is an exception to the application of this
149	149	article that:
150	150	(1) the person who discloses the name, address, or
151	151	telephone number of a victim is the inspector general of the Texas
152	152	Department of Criminal Justice;
153	153	(2) the victim is an inmate [or state jail defendant]
154	154	confined in a facility operated by or under contract with the
155	155	department; and
156	156	(3) the person to whom the disclosure is made is the
157	157	department's ombudsperson.
158	158	SECTION 9. Article 62.001(5), Code of Criminal Procedure,
159	159	is amended to read as follows:
160	160	(5) "Reportable conviction or adjudication" means a
161	161	conviction or adjudication, including an adjudication of
162	162	delinquent conduct or a deferred adjudication, that, regardless of
163	163	the pendency of an appeal, is a conviction for or an adjudication
164	164	for or based on:
165	165	(A) a violation of Section 21.02 (Continuous
166	166	sexual abuse of young child or children), 21.09 (Bestiality), 21.11
167	167	(Indecency with a child), 22.011 (Sexual assault), 22.021
168	168	(Aggravated sexual assault), or 25.02 (Prohibited sexual conduct),
169	169	Penal Code;
170	170	(B) a violation of Section 43.05 (Compelling
171	171	prostitution), 43.25 (Sexual performance by a child), or 43.26
172	172	(Possession or promotion of child pornography), Penal Code;
173	173	(B-1) a violation of Section 43.02
174	174	(Prostitution), Penal Code, if the offense is punishable under
175	175	Subsection (c-1)(2) [(c-1)(3)] of that section;
176	176	(C) a violation of Section 20.04(a)(4)
177	177	(Aggravated kidnapping), Penal Code, if the actor committed the
178	178	offense or engaged in the conduct with intent to violate or abuse
179	179	the victim sexually;
180	180	(D) a violation of Section 30.02 (Burglary),
181	181	Penal Code, if the offense or conduct is punishable under
182	182	Subsection (d) of that section and the actor committed the offense
183	183	or engaged in the conduct with intent to commit a felony listed in
184	184	Paragraph (A) or (C);
185	185	(E) a violation of Section 20.02 (Unlawful
186	186	restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
187	187	Penal Code, if, as applicable:
188	188	(i) the judgment in the case contains an
189	189	affirmative finding under Article 42.015; or
190	190	(ii) the order in the hearing or the papers
191	191	in the case contain an affirmative finding that the victim or
192	192	intended victim was younger than 17 years of age;
193	193	(F) the second violation of Section 21.08
194	194	(Indecent exposure), Penal Code, but not if the second violation
195	195	results in a deferred adjudication;
196	196	(G) an attempt, conspiracy, or solicitation, as
197	197	defined by Chapter 15, Penal Code, to commit an offense or engage in
198	198	conduct listed in Paragraph (A), (B), (C), (D), (E), (K), or (L);
199	199	(H) a violation of the laws of another state,
200	200	federal law, the laws of a foreign country, or the Uniform Code of
201	201	Military Justice for or based on the violation of an offense
202	202	containing elements that are substantially similar to the elements
203	203	of an offense listed under Paragraph (A), (B), (B-1), (C), (D), (E),
204	204	(G), (J), (K), or (L), but not if the violation results in a
205	205	deferred adjudication;
206	206	(I) the second violation of the laws of another
207	207	state, federal law, the laws of a foreign country, or the Uniform
208	208	Code of Military Justice for or based on the violation of an offense
209	209	containing elements that are substantially similar to the elements
210	210	of the offense of indecent exposure, but not if the second violation
211	211	results in a deferred adjudication;
212	212	(J) a violation of Section 33.021 (Online
213	213	solicitation of a minor), Penal Code;
214	214	(K) a violation of Section 20A.02(a)(3), (4),
215	215	(7), or (8) (Trafficking of persons), Penal Code; or
216	216	(L) a violation of Section 20A.03 (Continuous
217	217	trafficking of persons), Penal Code, if the offense is based partly
218	218	or wholly on conduct that constitutes an offense under Section
219	219	20A.02(a)(3), (4), (7), or (8) of that code.
220	220	SECTION 10. Sections 76.010(a), (c), (d), (e), and (f),
221	221	Government Code, are amended to read as follows:
222	222	(a) In this section, "community [:
223	223	[(1) "Community] corrections facility" has the
224	224	meaning assigned by Section 509.001.
225	225	[(2) "State jail felony facility" means a facility
226	226	operated or contracted for by the Texas Department of Criminal
227	227	Justice under Subchapter A, Chapter 507, for the confinement of
228	228	individuals convicted of state jail felonies.]
229	229	(c) The department may authorize expenditures of funds
230	230	provided by the division to the department for the purposes of
231	231	providing facilities, equipment, and utilities for community
232	232	corrections facilities [or state jail felony facilities] if:
233	233	(1) the judges described by Section 76.002 recommend
234	234	the expenditures; and
235	235	(2) the division[, or the correctional institutions
236	236	division of the Texas Department of Criminal Justice in the case of
237	237	a state jail felony facility,] provides funds for the purpose of
238	238	assisting in the establishment or improvement of the facilities.
239	239	(d) A department may acquire, hold title to, and own real
240	240	property for the purpose of establishing a community corrections
241	241	facility [or a state jail felony facility].
242	242	(e) A department, county, municipality, or a combination
243	243	involving more than one of those entities may not use a facility or
244	244	real property purchased, acquired, or improved with state funds
245	245	unless the division[, or the correctional institutions division of
246	246	the Texas Department of Criminal Justice in the case of a state jail
247	247	felony facility,] first approves the use.
248	248	(f) The division [or the correctional institutions division
249	249	of the Texas Department of Criminal Justice, in the case of a state
250	250	jail felony facility,] is entitled to reimbursement from an entity
251	251	described by Subsection (e) of all state funds used by the entity
252	252	without the approval required by Subsection (e).
253	253	SECTION 11. Section 402.035(d), Government Code, is amended
254	254	to read as follows:
255	255	(d) The task force shall:
256	256	(1) collaborate, as needed to fulfill the duties of
257	257	the task force, with:
258	258	(A) United States attorneys' offices for all of
259	259	the federal districts of Texas; and
260	260	(B) special agents or customs and border
261	261	protection officers and border patrol agents of:
262	262	(i) the Federal Bureau of Investigation;
263	263	(ii) the United States Drug Enforcement
264	264	Administration;
265	265	(iii) the Bureau of Alcohol, Tobacco,
266	266	Firearms and Explosives;
267	267	(iv) United States Immigration and Customs
268	268	Enforcement; or
269	269	(v) the United States Department of
270	270	Homeland Security;
271	271	(2) collect, organize, and periodically publish
272	272	statistical data on the nature and extent of human trafficking in
273	273	this state, including data described by Subdivisions (4)(A), (B),
274	274	(C), (D), and (E);
275	275	(3) solicit cooperation and assistance from state and
276	276	local governmental agencies, political subdivisions of the state,
277	277	nongovernmental organizations, and other persons, as appropriate,
278	278	for the purpose of collecting and organizing statistical data under
279	279	Subdivision (2);
280	280	(4) ensure that each state or local governmental
281	281	agency and political subdivision of the state and each state or
282	282	local law enforcement agency, district attorney, or county attorney
283	283	that assists in the prevention of human trafficking collects
284	284	statistical data related to human trafficking, including, as
285	285	appropriate:
286	286	(A) the number of investigations concerning,
287	287	arrests and prosecutions for, and convictions of:
288	288	(i) the offense of trafficking of persons;
289	289	(ii) the offense of forgery or an offense
290	290	under Chapter 43, Penal Code, if the offense was committed as part
291	291	of a criminal episode involving the trafficking of persons; and
292	292	(iii) an offense punishable under Section
293	293	43.02(c-1)(2) [43.02(c-1)(3)], Penal Code, regardless of whether
294	294	the offense was committed as part of a criminal episode involving
295	295	the trafficking of persons;
296	296	(B) demographic information on persons who are
297	297	convicted of offenses described by Paragraph (A) and persons who
298	298	are the victims of those offenses;
299	299	(C) geographic routes by which human trafficking
300	300	victims are trafficked, including routes by which victims are
301	301	trafficked across this state's international border, and
302	302	geographic patterns in human trafficking, including the country or
303	303	state of origin and the country or state of destination;
304	304	(D) means of transportation and methods used by
305	305	persons who engage in trafficking to transport their victims; and
306	306	(E) social and economic factors that create a
307	307	demand for the labor or services that victims of human trafficking
308	308	are forced to provide;
309	309	(5) work with the Texas Commission on Law Enforcement
310	310	to develop and conduct training for law enforcement personnel,
311	311	victim service providers, and medical service providers to identify
312	312	victims of human trafficking;
313	313	(6) work with the Texas Education Agency, the
314	314	Department of Family and Protective Services, and the Health and
315	315	Human Services Commission to:
316	316	(A) develop a list of key indicators that a
317	317	person is a victim of human trafficking;
318	318	(B) develop a standardized curriculum for
319	319	training doctors, nurses, emergency medical services personnel,
320	320	teachers, school counselors, school administrators, and personnel
321	321	from the Department of Family and Protective Services and the
322	322	Health and Human Services Commission to identify and assist victims
323	323	of human trafficking;
324	324	(C) train doctors, nurses, emergency medical
325	325	services personnel, teachers, school counselors, school
326	326	administrators, and personnel from the Department of Family and
327	327	Protective Services and the Health and Human Services Commission to
328	328	identify and assist victims of human trafficking;
329	329	(D) develop and conduct training for personnel
330	330	from the Department of Family and Protective Services and the
331	331	Health and Human Services Commission on methods for identifying
332	332	children in foster care who may be at risk of becoming victims of
333	333	human trafficking; and
334	334	(E) develop a process for referring identified
335	335	human trafficking victims and individuals at risk of becoming
336	336	victims to appropriate entities for services;
337	337	(7) on the request of a judge of a county court, county
338	338	court at law, or district court or a county attorney, district
339	339	attorney, or criminal district attorney, assist and train the judge
340	340	or the judge's staff or the attorney or the attorney's staff in the
341	341	recognition and prevention of human trafficking;
342	342	(8) examine training protocols related to human
343	343	trafficking issues, as developed and implemented by federal, state,
344	344	and local law enforcement agencies;
345	345	(9) collaborate with state and local governmental
346	346	agencies, political subdivisions of the state, and nongovernmental
347	347	organizations to implement a media awareness campaign in
348	348	communities affected by human trafficking;
349	349	(10) develop recommendations on how to strengthen
350	350	state and local efforts to prevent human trafficking, protect and
351	351	assist human trafficking victims, curb markets and other economic
352	352	avenues that facilitate human trafficking and investigate and
353	353	prosecute human trafficking offenders;
354	354	(11) examine the extent to which human trafficking is
355	355	associated with the operation of sexually oriented businesses, as
356	356	defined by Section 243.002, Local Government Code, and the
357	357	workplace or public health concerns that are created by the
358	358	association of human trafficking and the operation of sexually
359	359	oriented businesses;
360	360	(12) develop recommendations for addressing the
361	361	demand for forced labor or services or sexual conduct involving
362	362	victims of human trafficking, including recommendations for
363	363	increased penalties for individuals who engage or attempt to engage
364	364	in prostitution with victims younger than 18 years of age; and
365	365	(13) identify and report to the governor and
366	366	legislature on laws, licensure requirements, or other regulations
367	367	that can be passed at the state and local level to curb trafficking
368	368	using the Internet and in sexually oriented businesses.
369	369	SECTION 12. Section 411.172(b), Government Code, is amended
370	370	to read as follows:
371	371	(b) For the purposes of this section, an offense under the
372	372	laws of this state, another state, or the United States is:
373	373	(1) except as provided by Subsection (b-1), a felony
374	374	if the offense, at the time the offense is committed:
375	375	(A) is designated by a law of this state as a
376	376	felony;
377	377	(B) contains all the elements of an offense
378	378	designated by a law of this state as a felony; or
379	379	(C) is punishable by confinement for one year or
380	380	more in a penitentiary; and
381	381	(2) a Class A misdemeanor if the offense is not a
382	382	felony and confinement in a jail [other than a state jail felony
383	383	facility] is affixed as a possible punishment.
384	384	SECTION 13. Section 493.002(a), Government Code, is amended
385	385	to read as follows:
386	386	(a) The following divisions are within the department:
387	387	(1) the community justice assistance division;
388	388	(2) the institutional division;
389	389	(3) the pardons and paroles division;
390	390	(4) [the state jail division;
391	391	[(5)] the internal audit division; and
392	392	(5) [(6)] the programs and services division.
393	393	SECTION 14. Section 493.0021(a), Government Code, is
394	394	amended to read as follows:
395	395	(a) Notwithstanding Sections 493.002, 493.003, 493.004,
396	396	493.005, [493.0051,] 493.0052, [as added by Chapter 1360, Acts of
397	397	the 75th Legislature, Regular Session, 1997,] and 493.0053
398	398	[493.0052, as added by Chapter 490, Acts of the 75th Legislature,
399	399	Regular Session, 1997], the executive director, with the approval
400	400	of the board, may:
401	401	(1) create divisions in addition to those listed in
402	402	Section 493.002 and assign to the newly created divisions any
403	403	duties and powers imposed on or granted to an existing division or
404	404	to the department generally;
405	405	(2) eliminate any division listed in Section 493.002
406	406	or created under this section and assign any duties or powers
407	407	previously assigned to the eliminated division to another division
408	408	listed in Section 493.002 or created under this section; or
409	409	(3) eliminate all divisions listed in Section 493.002
410	410	or created under this section and reorganize the distribution of
411	411	powers and duties granted to or imposed on a division in any manner
412	412	the executive director determines is best for the proper
413	413	administration of the department.
414	414	SECTION 15. Chapter 493, Government Code, is amended by
415	415	adding Section 493.0095 to read as follows:
416	416	Sec. 493.0095. USE OF FORMER STATE JAIL FELONY FACILITIES.
417	417	Notwithstanding any other law, the department may use a state jail
418	418	felony facility established under former Chapter 507 for any
419	419	purpose the department determines appropriate, including the
420	420	confinement of inmates serving a sentence for a felony of the fourth
421	421	degree.
422	422	SECTION 16. Section 493.015(b), Government Code, is amended
423	423	to read as follows:
424	424	(b) The department shall identify those inmates who are
425	425	imprisoned in the institutional division or confined in a transfer
426	426	facility, a substance abuse treatment facility, [a state jail
427	427	felony facility,] or a county jail awaiting transfer to the
428	428	institutional division and for whom the department is unable to
429	429	reasonably ascertain whether or not the person is an illegal
430	430	criminal alien.
431	431	SECTION 17. Section 496.007, Government Code, is amended to
432	432	read as follows:
433	433	Sec. 496.007. LOCATION OF NEW FACILITIES. In determining
434	434	the location of a facility to be built, the department, in
435	435	evaluating the advantages and disadvantages of the proposed
436	436	location, shall consider whether the proposed location is:
437	437	(1) close enough to a county with 100,000 or more
438	438	inhabitants to provide access to services and other resources
439	439	provided in such a county;
440	440	(2) cost-effective with respect to its proximity to
441	441	other facilities of the department;
442	442	(3) close to an area that would facilitate release of
443	443	inmates [or persons confined in state jail felony facilities] to
444	444	their area of residence; and
445	445	(4) close to an area that provides adequate
446	446	educational opportunities and medical care.
447	447	SECTION 18. Section 497.010(d), Government Code, is amended
448	448	to read as follows:
449	449	(d) It is an exception to the application of this section
450	450	that the actor was an inmate [or state jail defendant] confined in a
451	451	facility operated by or under contract with the department who sold
452	452	or offered to sell an art or craft in the manner authorized under
453	453	Section 501.013(b).
454	454	SECTION 19. Section 497.094(b), Government Code, is amended
455	455	to read as follows:
456	456	(b) The department and the Texas Workforce Investment
457	457	Council by rule shall adopt a memorandum of understanding that
458	458	establishes the respective responsibility of those entities to
459	459	provide through local workforce development boards job training and
460	460	employment assistance to persons formerly sentenced to the
461	461	institutional division [or the state jail division] and information
462	462	on services available to employers or potential employers of those
463	463	persons. The department shall coordinate the development of the
464	464	memorandum of understanding.
465	465	SECTION 20. Section 499.155(a), Government Code, is amended
466	466	to read as follows:
467	467	(a) Except as provided by Subsection (b), the institutional
468	468	division may not confine an inmate described by Section 499.152 in a
469	469	transfer facility authorized by this subchapter for a period that
470	470	exceeds the maximum period for which a person [state jail felon] may
471	471	be confined [in a state jail felony facility] under Section 12.35,
472	472	Penal Code.
473	473	SECTION 21. Section 501.015(f), Government Code, is amended
474	474	to read as follows:
475	475	(f) Subsection (a)(3) does not apply to an inmate [who on
476	476	discharge or release on parole, mandatory supervision, or
477	477	conditional pardon is transferred from the custody of the
478	478	institutional division to a state jail felony facility or] who is
479	479	subject to a felony detainer and is released to the custody of
480	480	another jurisdiction.
481	481	SECTION 22. Section 501.054(g), Government Code, is amended
482	482	to read as follows:
483	483	(g) The department shall maintain the confidentiality of
484	484	test results of an inmate indicating HIV infection at all times,
485	485	including after the inmate's discharge[, release from a state
486	486	jail,] or release on parole or mandatory supervision. The
487	487	department may not honor the request of an agency of the state or
488	488	any person who requests a test result as a condition of housing or
489	489	supervising the inmate while the inmate is on community supervision
490	490	or parole or mandatory supervision, unless honoring the request
491	491	would improve the ability of the inmate to obtain essential health
492	492	and social services.
493	493	SECTION 23. Section 501.091, Government Code, as added by
494	494	Chapter 643 (H.B. 1711), Acts of the 81st Legislature, Regular
495	495	Session, 2009, is reenacted and amended to read as follows:
496	496	Sec. 501.091. DEFINITIONS. In this subchapter:
497	497	(1) "Correctional facility" means a facility operated
498	498	by or under contract with the department.
499	499	(2) "Offender" means an inmate [or state jail
500	500	defendant] confined in a correctional facility.
501	501	SECTION 24. Section 501.171(2), Government Code, is amended
502	502	to read as follows:
503	503	(2) "Inmate" means an inmate [or state jail defendant]
504	504	confined in a facility operated by or under contract with the
505	505	department.
506	506	SECTION 25. Section 1232.114(b), Government Code, is
507	507	amended to read as follows:
508	508	(b) This section does not apply to a minor renovation,
509	509	repair, or construction project at a facility operated by the Texas
510	510	Department of Criminal Justice for the imprisonment of individuals
511	511	convicted of felonies [other than state jail felonies], as defined
512	512	by the department in cooperation with the commission. Instead of
513	513	submitting a project analysis, the department may substitute the
514	514	master plan required to be submitted by Section 1401.121 if the
515	515	master plan contains information substantially equivalent to the
516	516	information required to be in a project analysis under Sections
517	517	2166.151-2166.155.
518	518	SECTION 26. Section 2166.003(b), Government Code, is
519	519	amended to read as follows:
520	520	(b) Only Sections 2166.104, 2166.151, 2166.152, 2166.153,
521	521	2166.154, 2166.155, 2166.251, 2166.252, and Subchapter H apply to a
522	522	construction project undertaken by or for the Texas Department of
523	523	Criminal Justice for the imprisonment of individuals convicted of
524	524	felonies [other than state jail felonies].
525	525	SECTION 27. Section 2303.402(c), Government Code, is
526	526	amended to read as follows:
527	527	(c) For the purposes of this section, an economically
528	528	disadvantaged individual is an individual who:
529	529	(1) was unemployed for at least three months before
530	530	obtaining employment with the qualified business;
531	531	(2) receives public assistance benefits, including
532	532	welfare payments or food stamps, based on need and intended to
533	533	alleviate poverty;
534	534	(3) is a low-income individual, as defined by Section
535	535	101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25));
536	536	(4) is an individual with a disability, as defined
537	537	by 29 U.S.C. Section 705(20)(A);
538	538	(5) is an inmate, as defined by Section 498.001;
539	539	(6) is entering the workplace after being confined in
540	540	a facility operated by or under contract with the Texas Department
541	541	of Criminal Justice for the imprisonment of individuals convicted
542	542	of felonies [other than state jail felonies];
543	543	(7) has been released by the Texas Juvenile Justice
544	544	Department and is on parole, if state law provides for such a person
545	545	to be on parole;
546	546	(8) meets the current low income or moderate income
547	547	limits developed under Section 8, United States Housing Act of 1937
548	548	(42 U.S.C. Section 1437f et seq.); or
549	549	(9) was under the permanent managing conservatorship
550	550	of the Department of Family and Protective Services on the day
551	551	preceding the individual's 18th birthday.
552	552	SECTION 28. Section 481.115(b), Health and Safety Code, is
553	553	amended to read as follows:
554	554	(b) An offense under Subsection (a) is a Class A misdemeanor
555	555	[state jail felony] if the amount of the controlled substance
556	556	possessed is, by aggregate weight, including adulterants or
557	557	dilutants, less than one gram.
558	558	SECTION 29. Section 481.1151(b), Health and Safety Code, is
559	559	amended to read as follows:
560	560	(b) An offense under this section is:
561	561	(1) a Class A misdemeanor [state jail felony] if the
562	562	number of abuse units of the controlled substance is fewer than 20;
563	563	(2) a felony of the third degree if the number of abuse
564	564	units of the controlled substance is 20 or more but fewer than 80;
565	565	(3) a felony of the second degree if the number of
566	566	abuse units of the controlled substance is 80 or more but fewer than
567	567	4,000;
568	568	(4) a felony of the first degree if the number of abuse
569	569	units of the controlled substance is 4,000 or more but fewer than
570	570	8,000; and
571	571	(5) punishable by imprisonment in the Texas Department
572	572	of Criminal Justice for life or for a term of not more than 99 years
573	573	or less than 15 years and a fine not to exceed $250,000, if the
574	574	number of abuse units of the controlled substance is 8,000 or more.
575	575	SECTION 30. Section 481.116(b), Health and Safety Code, is
576	576	amended to read as follows:
577	577	(b) An offense under Subsection (a) is a Class A misdemeanor
578	578	[state jail felony] if the amount of the controlled substance
579	579	possessed is, by aggregate weight, including adulterants or
580	580	dilutants, less than one gram.
581	581	SECTION 31. Section 481.1161(b), Health and Safety Code, is
582	582	amended to read as follows:
583	583	(b) An offense under this section is:
584	584	(1) a Class B misdemeanor if the amount of the
585	585	controlled substance possessed is, by aggregate weight, including
586	586	adulterants or dilutants, four [two] ounces or less;
587	587	(2) [a Class A misdemeanor if the amount of the
588	588	controlled substance possessed is, by aggregate weight, including
589	589	adulterants or dilutants, four ounces or less but more than two
590	590	ounces;
591	591	[(3)] a Class A misdemeanor [state jail felony] if the
592	592	amount of the controlled substance possessed is, by aggregate
593	593	weight, including adulterants or dilutants, five pounds or less but
594	594	more than four ounces;
595	595	(3) [(4)] a felony of the third degree if the amount of
596	596	the controlled substance possessed is, by aggregate weight,
597	597	including adulterants or dilutants, 50 pounds or less but more than
598	598	5 pounds;
599	599	(4) [(5)] a felony of the second degree if the amount
600	600	of the controlled substance possessed is, by aggregate weight,
601	601	including adulterants or dilutants, 2,000 pounds or less but more
602	602	than 50 pounds; and
603	603	(5) [(6)] punishable by imprisonment in the Texas
604	604	Department of Criminal Justice for life or for a term of not more
605	605	than 99 years or less than 5 years, and a fine not to exceed $50,000,
606	606	if the amount of the controlled substance possessed is, by
607	607	aggregate weight, including adulterants or dilutants, more than
608	608	2,000 pounds.
609	609	SECTION 32. Section 481.121(b), Health and Safety Code, is
610	610	amended to read as follows:
611	611	(b) An offense under Subsection (a) is:
612	612	(1) a Class B misdemeanor if the amount of marihuana
613	613	possessed is four [two] ounces or less;
614	614	(2) [a Class A misdemeanor if the amount of marihuana
615	615	possessed is four ounces or less but more than two ounces;
616	616	[(3)] a Class A misdemeanor [state jail felony] if the
617	617	amount of marihuana possessed is five pounds or less but more than
618	618	four ounces;
619	619	(3) [(4)] a felony of the third degree if the amount of
620	620	marihuana possessed is 50 pounds or less but more than 5 pounds;
621	621	(4) [(5)] a felony of the second degree if the amount
622	622	of marihuana possessed is 2,000 pounds or less but more than 50
623	623	pounds; and
624	624	(5) [(6)] punishable by imprisonment in the Texas
625	625	Department of Criminal Justice for life or for a term of not more
626	626	than 99 years or less than 5 years, and a fine not to exceed $50,000,
627	627	if the amount of marihuana possessed is more than 2,000 pounds.
628	628	SECTION 33. Section 481.126(a), Health and Safety Code, is
629	629	amended to read as follows:
630	630	(a) A person commits an offense if the person:
631	631	(1) barters property or expends funds the person knows
632	632	are derived from the commission of an offense under this chapter
633	633	punishable by imprisonment in the Texas Department of Criminal
634	634	Justice for life;
635	635	(2) barters property or expends funds the person knows
636	636	are derived from the commission of an offense under Section
637	637	481.121(a) that is punishable under Section 481.121(b)(4)
638	638	[481.121(b)(5)];
639	639	(3) barters property or finances or invests funds the
640	640	person knows or believes are intended to further the commission of
641	641	an offense for which the punishment is described by Subdivision
642	642	(1); or
643	643	(4) barters property or finances or invests funds the
644	644	person knows or believes are intended to further the commission of
645	645	an offense under Section 481.121(a) that is punishable under
646	646	Section 481.121(b)(4) [481.121(b)(5)].
647	647	SECTION 34. Section 481.129(g), Health and Safety Code, is
648	648	amended to read as follows:
649	649	(g) An offense under Subsection (c)(2) is:
650	650	(1) a Class A misdemeanor [state jail felony] if the
651	651	defendant possesses:
652	652	(A) a prescription form; or
653	653	(B) a prescription for a controlled substance
654	654	listed in Schedule II or III; and
655	655	(2) a Class B misdemeanor if the defendant possesses a
656	656	prescription for a controlled substance listed in Schedule IV or V.
657	657	SECTION 35. Sections 481.134(c), (d), and (e), Health and
658	658	Safety Code, are amended to read as follows:
659	659	(c) The minimum term of confinement or imprisonment for an
660	660	offense otherwise punishable under Section 481.112(c), (d), (e), or
661	661	(f), 481.1121(b)(2), (3), or (4), 481.113(c), (d), or (e),
662	662	481.114(c), (d), or (e), 481.115(c)-(f), 481.1151(b)(2), (3), (4),
663	663	or (5), 481.116(c), (d), or (e), 481.1161(b)(3), (4), or (5)
664	664	[481.1161(b)(4), (5), or (6)], 481.117(c), (d), or (e), 481.118(c),
665	665	(d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(3), (4), or
666	666	(5) [481.121(b)(4), (5), or (6)] is increased by five years and the
667	667	maximum fine for the offense is doubled if it is shown on the trial
668	668	of the offense that the offense was committed:
669	669	(1) in, on, or within 1,000 feet of the premises of a
670	670	school, the premises of a public or private youth center, or a
671	671	playground; or
672	672	(2) on a school bus.
673	673	(d) An offense otherwise punishable under Section
674	674	481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), or
675	675	[481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),]
676	676	481.120(b)(3)[, or 481.121(b)(3)] is a felony of the third degree
677	677	if it is shown on the trial of the offense that the offense was
678	678	committed:
679	679	(1) in, on, or within 1,000 feet of any real property
680	680	that is owned, rented, or leased to a school or school board, the
681	681	premises of a public or private youth center, or a playground; or
682	682	(2) on a school bus.
683	683	(e) An offense otherwise punishable under Section
684	684	481.115(b), 481.1151(b)(1), 481.116(b), 481.117(b), 481.119(a),
685	685	481.120(b)(2), or 481.121(b)(2) is a [state jail] felony of the
686	686	fourth degree if it is shown on the trial of the offense that the
687	687	offense was committed:
688	688	(1) in, on, or within 1,000 feet of any real property
689	689	that is owned, rented, or leased to a school or school board, the
690	690	premises of a public or private youth center, or a playground; or
691	691	(2) on a school bus.
692	692	SECTION 36. Section 614.0032(a), Health and Safety Code, is
693	693	amended to read as follows:
694	694	(a) The office shall[:
695	695	[(1)] perform duties imposed on the office by Section
696	696	508.146, Government Code[; and
697	697	[(2) periodically identify state jail felony
698	698	defendants suitable for release under Article 42A.561, Code of
699	699	Criminal Procedure, and perform other duties imposed on the office
700	700	by that article].
701	701	SECTION 37. Section 306.007(b), Labor Code, is amended to
702	702	read as follows:
703	703	(b) The commission shall adopt a memorandum of
704	704	understanding with each of the following agencies that establishes
705	705	the respective responsibilities of the commission and the agencies
706	706	in providing information described by Subsection (a) to persons
707	707	formerly sentenced to the institutional division [or the state jail
708	708	division] of the Texas Department of Criminal Justice, to employers
709	709	or potential employers of those persons, and to local workforce
710	710	development boards:
711	711	(1) the Department of State Health Services;
712	712	(2) the Texas Department of Housing and Community
713	713	Affairs;
714	714	(3) the Texas Veterans Commission; and
715	715	(4) the Health and Human Services Commission.
716	716	SECTION 38. Section 244.006, Local Government Code, is
717	717	amended to read as follows:
718	718	Sec. 244.006. EXEMPTIONS. This subchapter does not apply
719	719	to the operation of a correctional or rehabilitation facility at a
720	720	location subject to this subchapter if:
721	721	(1) on September 1, 1997, the correctional or
722	722	rehabilitation facility was in operation, under construction,
723	723	under contract for operation or construction, or planned for
724	724	construction at the location on land owned or leased by an agency or
725	725	political subdivision of the state and designated for use as a
726	726	correctional or rehabilitation facility;
727	727	(2) the correctional or rehabilitation facility was in
728	728	operation or under construction before the establishment of a
729	729	residential area the location of which makes the facility subject
730	730	to this subchapter;
731	731	(3) the correctional or rehabilitation facility is a
732	732	temporary correctional or rehabilitation facility that will be
733	733	operated at the location for less than one year;
734	734	(4) the correctional or rehabilitation facility is
735	735	required to obtain a special use permit or a conditional use permit
736	736	from the municipality in which the facility is located before
737	737	beginning operation;
738	738	(5) the correctional or rehabilitation facility is an
739	739	expansion of a facility operated by the correctional institutions
740	740	division of the Texas Department of Criminal Justice for the
741	741	imprisonment of individuals convicted of felonies [other than state
742	742	jail felonies] or by the Texas Juvenile Justice Department;
743	743	(6) the correctional or rehabilitation facility is a
744	744	county jail or a pre-adjudication or post-adjudication juvenile
745	745	detention facility operated by a county or county juvenile board;
746	746	(7) the facility is:
747	747	(A) a juvenile probation office located at, and
748	748	operated in conjunction with, a juvenile justice alternative
749	749	education center; and
750	750	(B) used exclusively by students attending the
751	751	juvenile justice alternative education center;
752	752	(8) the facility is a public or private institution of
753	753	higher education or vocational training to which admission is open
754	754	to the general public;
755	755	(9) the facility is operated primarily as a treatment
756	756	facility for juveniles under contract with the Health and Human
757	757	Services Commission, [Department of Aging and Disability Services
758	758	or] the Department of State Health Services, a local intellectual
759	759	and developmental disability authority, or a local mental health
760	760	[or mental retardation] authority;
761	761	(10) the facility is operated as a juvenile justice
762	762	alternative education program;
763	763	(11) the facility:
764	764	(A) is not operated primarily as a correctional
765	765	or rehabilitation facility; and
766	766	(B) only houses persons or children described by
767	767	Section 244.001(1)(B) for a purpose related to treatment or
768	768	education; or
769	769	(12) the facility is a probation or parole office
770	770	located in a commercial use area.
771	771	SECTION 39. Section 331.010(b), Local Government Code, is
772	772	amended to read as follows:
773	773	(b) The governor and the Texas Board of Criminal Justice may
774	774	permit the use of state inmates [and defendants confined in state
775	775	jail felony facilities] for the improvement and maintenance of
776	776	parks acquired under this chapter under agreements made by the
777	777	Parks and Wildlife Department and the municipality or county.
778	778	SECTION 40. Section 12.4061, Parks and Wildlife Code, is
779	779	amended to read as follows:
780	780	Sec. 12.4061. PARKS AND WILDLIFE CODE FOURTH DEGREE [STATE
781	781	JAIL] FELONY. (a) An individual adjudged guilty of a Parks and
782	782	Wildlife Code [state jail] felony of the fourth degree shall be
783	783	punished by imprisonment in the Texas Department of Criminal
784	784	Justice [confinement in a state jail] for a term of not more than
785	785	two years or less than 180 days.
786	786	(b) In addition to imprisonment [confinement], an
787	787	individual adjudged guilty of a Parks and Wildlife Code [state
788	788	jail] felony of the fourth degree may be punished by a fine of not
789	789	less than $1,500 and not more than $10,000.
790	790	(c) For purposes of this code, "Parks and Wildlife Code
791	791	state jail felony" means a Parks and Wildlife Code felony of the
792	792	fourth degree.
793	793	SECTION 41. Section 76.118(e-1), Parks and Wildlife Code,
794	794	is amended to read as follows:
795	795	(e-1) If it is shown at the trial of a defendant for a
796	796	violation of Section 76.116 that the defendant has been convicted
797	797	once within five years before the trial date of a violation of
798	798	Section 76.116, the defendant is guilty of a Class A Parks and
799	799	Wildlife Code misdemeanor [state jail felony].
800	800	SECTION 42. Section 12.04, Penal Code, is amended to read as
801	801	follows:
802	802	Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are
803	803	classified according to the relative seriousness of the offense
804	804	into five categories:
805	805	(1) capital felonies;
806	806	(2) felonies of the first degree;
807	807	(3) felonies of the second degree;
808	808	(4) felonies of the third degree; and
809	809	(5) [state jail] felonies of the fourth degree.
810	810	(b) An offense designated a felony in this code without
811	811	specification as to category is a [state jail] felony of the fourth
812	812	degree.
813	813	(c) For purposes of this code and any other laws of this
814	814	state, "state jail felony" means a felony of the fourth degree.
815	815	(d) For purposes of enhancing a penalty under this code or
816	816	any other laws of this state:
817	817	(1) a person is considered to have been previously
818	818	convicted of a felony of the fourth degree if the person has a final
819	819	conviction for a state jail felony; and
820	820	(2) a person is considered to have previously received
821	821	a discharge and dismissal under Article 42A.111, Code of Criminal
822	822	Procedure, for a felony of the fourth degree if the person received
823	823	a discharge and dismissal under that article for a state jail
824	824	felony.
825	825	SECTION 43. Section 12.35, Penal Code, is amended to read as
826	826	follows:
827	827	Sec. 12.35. FOURTH DEGREE [STATE JAIL] FELONY PUNISHMENT.
828	828	(a) Except as provided by Subsection (c), an individual adjudged
829	829	guilty of a [state jail] felony of the fourth degree shall be
830	830	punished by imprisonment in the Texas Department of Criminal
831	831	Justice [confinement in a state jail] for any term of not more than
832	832	two years or less than 180 days.
833	833	(b) In addition to imprisonment [confinement], an
834	834	individual adjudged guilty of a [state jail] felony of the fourth
835	835	degree may be punished by a fine not to exceed $10,000.
836	836	(c) An individual adjudged guilty of a [state jail] felony
837	837	of the fourth degree shall be punished for a third degree felony if
838	838	it is shown on the trial of the offense that:
839	839	(1) a deadly weapon as defined by Section 1.07 was used
840	840	or exhibited during the commission of the offense or during
841	841	immediate flight following the commission of the offense, and that
842	842	the individual used or exhibited the deadly weapon or was a party to
843	843	the offense and knew that a deadly weapon would be used or
844	844	exhibited; or
845	845	(2) the individual has previously been finally
846	846	convicted of any felony:
847	847	(A) under Section 20A.03 or 21.02 or listed in
848	848	Article 42A.054(a), Code of Criminal Procedure; or
849	849	(B) for which the judgment contains an
850	850	affirmative finding under Article 42A.054(c) or (d), Code of
851	851	Criminal Procedure.
852	852	SECTION 44. Sections 12.42(a), (b), and (d), Penal Code,
853	853	are amended to read as follows:
854	854	(a) Except as provided by Subsection (c)(2), if it is shown
855	855	on the trial of a felony of the third degree that the defendant has
856	856	previously been finally convicted of a felony other than a [state
857	857	jail] felony of the fourth degree punishable under Section
858	858	12.35(a), on conviction the defendant shall be punished for a
859	859	felony of the second degree.
860	860	(b) Except as provided by Subsection (c)(2) or (c)(4), if it
861	861	is shown on the trial of a felony of the second degree that the
862	862	defendant has previously been finally convicted of a felony other
863	863	than a [state jail] felony of the fourth degree punishable under
864	864	Section 12.35(a), on conviction the defendant shall be punished for
865	865	a felony of the first degree.
866	866	(d) Except as provided by Subsection (c)(2) or (c)(4), if it
867	867	is shown on the trial of a felony offense other than a [state jail]
868	868	felony of the fourth degree punishable under Section 12.35(a) that
869	869	the defendant has previously been finally convicted of two felony
870	870	offenses, and the second previous felony conviction is for an
871	871	offense that occurred subsequent to the first previous conviction
872	872	having become final, on conviction the defendant shall be punished
873	873	by imprisonment in the Texas Department of Criminal Justice for
874	874	life, or for any term of not more than 99 years or less than 25
875	875	years. A previous conviction for a [state jail] felony of the fourth
876	876	degree punishable under Section 12.35(a) may not be used for
877	877	enhancement purposes under this subsection.
878	878	SECTION 45. Sections 12.42(c)(1) and (5), Penal Code, are
879	879	amended to read as follows:
880	880	(1) If it is shown on the trial of a felony of the first
881	881	degree that the defendant has previously been finally convicted of
882	882	a felony other than a [state jail] felony of the fourth degree
883	883	punishable under Section 12.35(a), on conviction the defendant
884	884	shall be punished by imprisonment in the Texas Department of
885	885	Criminal Justice for life, or for any term of not more than 99 years
886	886	or less than 15 years. In addition to imprisonment, an individual
887	887	may be punished by a fine not to exceed $10,000.
888	888	(5) A previous conviction for a [state jail] felony of
889	889	the fourth degree punishable under Section 12.35(a) may not be used
890	890	for enhancement purposes under Subdivision (2).
891	891	SECTION 46. Section 12.425, Penal Code, is amended to read
892	892	as follows:
893	893	Sec. 12.425. PENALTIES FOR REPEAT AND HABITUAL FELONY
894	894	OFFENDERS ON TRIAL FOR FOURTH DEGREE [STATE JAIL] FELONY. (a) If
895	895	it is shown on the trial of a [state jail] felony of the fourth
896	896	degree punishable under Section 12.35(a) that the defendant has
897	897	previously been finally convicted of two [state jail] felonies of
898	898	the fourth degree punishable under Section 12.35(a), on conviction
899	899	the defendant shall be punished for a felony of the third degree.
900	900	(b) If it is shown on the trial of a [state jail] felony of
901	901	the fourth degree punishable under Section 12.35(a) that the
902	902	defendant has previously been finally convicted of two felonies
903	903	other than a [state jail] felony of the fourth degree punishable
904	904	under Section 12.35(a), and the second previous felony conviction
905	905	is for an offense that occurred subsequent to the first previous
906	906	conviction having become final, on conviction the defendant shall
907	907	be punished for a felony of the second degree.
908	908	(c) If it is shown on the trial of a [state jail] felony of
909	909	the fourth degree for which punishment may be enhanced under
910	910	Section 12.35(c) that the defendant has previously been finally
911	911	convicted of a felony other than a [state jail] felony of the fourth
912	912	degree punishable under Section 12.35(a), on conviction the
913	913	defendant shall be punished for a felony of the second degree.
914	914	SECTION 47. Section 12.44, Penal Code, is amended to read as
915	915	follows:
916	916	Sec. 12.44. REDUCTION OF FOURTH DEGREE [STATE JAIL] FELONY
917	917	PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A court may punish a
918	918	defendant who is convicted of a [state jail] felony of the fourth
919	919	degree by imposing the confinement permissible as punishment for a
920	920	Class A misdemeanor if, after considering the gravity and
921	921	circumstances of the felony committed and the history, character,
922	922	and rehabilitative needs of the defendant, the court finds that
923	923	such punishment would best serve the ends of justice.
924	924	(b) At the request of the prosecuting attorney, the court
925	925	may authorize the prosecuting attorney to prosecute a [state jail]
926	926	felony of the fourth degree as a Class A misdemeanor.
927	927	SECTION 48. Section 22.11(b), Penal Code, is amended to
928	928	read as follows:
929	929	(b) An offense under this section is a Class A misdemeanor
930	930	[felony of the third degree].
931	931	SECTION 49. Section 31.03(e), Penal Code, is amended to
932	932	read as follows:
933	933	(e) Except as provided by Subsection (f), an offense under
934	934	this section is:
935	935	(1) a Class C misdemeanor if the value of the property
936	936	stolen is less than $100;
937	937	(2) a Class B misdemeanor if:
938	938	(A) the value of the property stolen is $100 or
939	939	more but less than $750;
940	940	(B) the value of the property stolen is less than
941	941	$100 and the defendant has previously been convicted of any grade of
942	942	theft; or
943	943	(C) the property stolen is a driver's license,
944	944	commercial driver's license, or personal identification
945	945	certificate issued by this state or another state;
946	946	(3) a Class A misdemeanor if:
947	947	(A) the value of the property stolen is $750 or
948	948	more but less than $2,500; or
949	949	(B) the value of the property stolen is less than
950	950	$750 and the defendant has been previously convicted two or more
951	951	times of any grade of theft;
952	952	(4) a [state jail] felony of the fourth degree if:
953	953	(A) the value of the property stolen is $2,500 or
954	954	more but less than $30,000, or the property is less than 10 head of
955	955	sheep, swine, or goats or any part thereof under the value of
956	956	$30,000;
957	957	(B) regardless of value, the property is stolen
958	958	from the person of another or from a human corpse or grave,
959	959	including property that is a military grave marker;
960	960	(C) the property stolen is a firearm, as defined
961	961	by Section 46.01;
962	962	(D) [the value of the property stolen is less
963	963	than $2,500 and the defendant has been previously convicted two or
964	964	more times of any grade of theft;
965	965	[(E)] the property stolen is an official ballot
966	966	or official carrier envelope for an election; or
967	967	(E) [(F)] the value of the property stolen is
968	968	less than $20,000 and the property stolen is:
969	969	(i) aluminum;
970	970	(ii) bronze;
971	971	(iii) copper; or
972	972	(iv) brass;
973	973	(5) a felony of the third degree if the value of the
974	974	property stolen is $30,000 or more but less than $150,000, or the
975	975	property is:
976	976	(A) cattle, horses, or exotic livestock or exotic
977	977	fowl as defined by Section 142.001, Agriculture Code, stolen during
978	978	a single transaction and having an aggregate value of less than
979	979	$150,000;
980	980	(B) 10 or more head of sheep, swine, or goats
981	981	stolen during a single transaction and having an aggregate value of
982	982	less than $150,000; or
983	983	(C) a controlled substance, having a value of
984	984	less than $150,000, if stolen from:
985	985	(i) a commercial building in which a
986	986	controlled substance is generally stored, including a pharmacy,
987	987	clinic, hospital, nursing facility, or warehouse; or
988	988	(ii) a vehicle owned or operated by a
989	989	wholesale distributor of prescription drugs;
990	990	(6) a felony of the second degree if:
991	991	(A) the value of the property stolen is $150,000
992	992	or more but less than $300,000; or
993	993	(B) the value of the property stolen is less than
994	994	$300,000 and the property stolen is an automated teller machine or
995	995	the contents or components of an automated teller machine; or
996	996	(7) a felony of the first degree if the value of the
997	997	property stolen is $300,000 or more.
998	998	SECTION 50. Sections 31.16(c) and (d), Penal Code, are
999	999	amended to read as follows:
1000	1000	(c) An offense under this section is:
1001	1001	(1) a Class C misdemeanor if the total value of the
1002	1002	merchandise involved in the activity is less than $100;
1003	1003	(2) a Class B misdemeanor if the total value of the
1004	1004	merchandise involved in the activity is $100 or more but less than
1005	1005	$750;
1006	1006	(3) a Class A misdemeanor if the total value of the
1007	1007	merchandise involved in the activity is $750 or more but less than
1008	1008	[$2,500;
1009	1009	[(4) a state jail felony if the total value of the
1010	1010	merchandise involved in the activity is $2,500 or more but less
1011	1011	than] $30,000;
1012	1012	(4) [(5)] a felony of the third degree if the total
1013	1013	value of the merchandise involved in the activity is $30,000 or more
1014	1014	but less than $150,000;
1015	1015	(5) [(6)] a felony of the second degree if the total
1016	1016	value of the merchandise involved in the activity is $150,000 or
1017	1017	more but less than $300,000; or
1018	1018	(6) [(7)] a felony of the first degree if the total
1019	1019	value of the merchandise involved in the activity is $300,000 or
1020	1020	more.
1021	1021	(d) An offense described for purposes of punishment by
1022	1022	Subsections (c)(1)-(5) [(c)(1)-(6)] is increased to the next higher
1023	1023	category of offense if it is shown on the trial of the offense that:
1024	1024	(1) the person organized, supervised, financed, or
1025	1025	managed one or more other persons engaged in an activity described
1026	1026	by Subsection (b); or
1027	1027	(2) during the commission of the offense, a person
1028	1028	engaged in an activity described by Subsection (b) intentionally,
1029	1029	knowingly, or recklessly:
1030	1030	(A) caused a fire exit alarm to sound or
1031	1031	otherwise become activated;
1032	1032	(B) deactivated or otherwise prevented a fire
1033	1033	exit alarm or retail theft detector from sounding; or
1034	1034	(C) used a shielding or deactivation instrument
1035	1035	to prevent or attempt to prevent detection of the offense by a
1036	1036	retail theft detector.
1037	1037	SECTION 51. Section 32.32(c), Penal Code, is amended to
1038	1038	read as follows:
1039	1039	(c) An offense under this section is:
1040	1040	(1) a Class C misdemeanor if the value of the property
1041	1041	or the amount of credit is less than $100;
1042	1042	(2) a Class B misdemeanor if the value of the property
1043	1043	or the amount of credit is $100 or more but less than $750;
1044	1044	(3) a Class A misdemeanor if the value of the property
1045	1045	or the amount of credit is $750 or more but less than [$2,500;
1046	1046	[(4) a state jail felony if the value of the property
1047	1047	or the amount of credit is $2,500 or more but less than] $30,000;
1048	1048	(4) [(5)] a felony of the third degree if the value of
1049	1049	the property or the amount of credit is $30,000 or more but less
1050	1050	than $150,000;
1051	1051	(5) [(6)] a felony of the second degree if the value of
1052	1052	the property or the amount of credit is $150,000 or more but less
1053	1053	than $300,000; or
1054	1054	(6) [(7)] a felony of the first degree if the value of
1055	1055	the property or the amount of credit is $300,000 or more.
1056	1056	SECTION 52. Sections 43.02(c) and (c-1), Penal Code, are
1057	1057	amended to read as follows:
1058	1058	(c) An offense under Subsection (a) is a Class B
1059	1059	misdemeanor, except that the offense is[:
1060	1060	[(1)] a Class A misdemeanor if the actor has
1061	1061	previously been convicted [one or two times] of an offense under
1062	1062	Subsection (a)[; or
1063	1063	[(2) a state jail felony if the actor has previously
1064	1064	been convicted three or more times of an offense under Subsection
1065	1065	(a)].
1066	1066	(c-1) An offense under Subsection (b) is a Class B
1067	1067	misdemeanor, except that the offense is:
1068	1068	(1) a Class A misdemeanor if the actor has previously
1069	1069	been convicted [one or two times] of an offense under Subsection
1070	1070	(b); or
1071	1071	(2) [a state jail felony if the actor has previously
1072	1072	been convicted three or more times of an offense under Subsection
1073	1073	(b); or
1074	1074	[(3)] a felony of the second degree if the person with
1075	1075	whom the actor agrees to engage in sexual conduct is:
1076	1076	(A) younger than 18 years of age, regardless of
1077	1077	whether the actor knows the age of the person at the time of the
1078	1078	offense;
1079	1079	(B) represented to the actor as being younger
1080	1080	than 18 years of age; or
1081	1081	(C) believed by the actor to be younger than 18
1082	1082	years of age.
1083	1083	SECTION 53. Section 43.23(b), Penal Code, is amended to
1084	1084	read as follows:
1085	1085	(b) Except as provided by Subsection (h), an offense under
1086	1086	Subsection (a) is a Class A misdemeanor [state jail felony].
1087	1087	SECTION 54. The following provisions are repealed:
1088	1088	(1) Articles 42.0199 and 42A.104(b), Code of Criminal
1089	1089	Procedure;
1090	1090	(2) Subchapter L, Chapter 42A, Code of Criminal
1091	1091	Procedure;
1092	1092	(3) Sections 491.001(a)(8), 493.0051, 497.097,
1093	1093	499.151(b), 509.006(d) and (e), 509.015, 509.017, and 511.017,
1094	1094	Government Code; and
1095	1095	(4) Chapter 507, Government Code.
1096	1096	SECTION 55. The changes in law made by this Act apply only
1097	1097	to an offense committed on or after the effective date of this Act.
1098	1098	An offense committed before the effective date of this Act is
1099	1099	governed by the law in effect on the date the offense was committed,
1100	1100	and the former law is continued in effect for that purpose. For
1101	1101	purposes of this section, an offense was committed before the
1102	1102	effective date of this Act if any element of the offense occurred
1103	1103	before that date.
1104	1104	SECTION 56. This Act takes effect September 1, 2019.