Texas 2021 - 87th Regular

Texas House Bill HB816 Compare Versions

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	1	+	87R2388 JCG-D
1	2		By: Krause, Collier, Murr, Moody H.B. No. 816
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to the creation of a commission to review certain penal
7	8		laws of this state and to make certain recommendations regarding
8	9		those laws, to criminal offenses previously compiled in statutes
9	10		outside the Penal Code, to repealing certain of those offenses, and
10	11		to conforming punishments for certain of those offenses to the
11	12		penalty structure provided in the Penal Code; increasing the
12	13		punishment for the criminal offenses of sedition, sabotage, and
13	14		capital sabotage; imposing a civil penalty.
14	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	16		ARTICLE 1. PURPOSE
16	17		SECTION 1.01. PURPOSE. The purpose of this Act is to
17	18		implement the recommendations of the commission created by Section
18	19		29, Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
19	20		Session, 2015, and other successor commissions and to authorize
20	21		additional review of the penal laws described by Section 2.01(a) of
21	22		this Act.
22	23		ARTICLE 2. COMMISSION TO STUDY CERTAIN PENAL LAWS
23	24		SECTION 2.01. COMMISSION TO STUDY CERTAIN PENAL LAWS.
24	25		(a) A commission is created to study and review all penal laws of
25	26		this state other than criminal offenses:
26	27		(1) under the Penal Code;
27	28		(2) under Chapter 481, Health and Safety Code; or
28	29		(3) related to the operation of a motor vehicle.
29	30		(b) The commission shall:
30	31		(1) evaluate all laws described by Subsection (a) of
31	32		this section;
32	33		(2) make recommendations to the legislature regarding
33	34		the repeal or amendment of laws that are identified as being
34	35		unnecessary, unclear, duplicative, overly broad, or otherwise
35	36		insufficient to serve the intended purpose of the law, including
36	37		any laws requiring additional review, as identified by the
37	38		commission created by Section 29, Chapter 1251 (H.B. 1396), Acts of
38	39		the 84th Legislature, Regular Session, 2015, and other successor
39	40		commissions; and
40	41		(3) evaluate the current applicability of any
41	42		recommendations that were previously made by the commissions
42	43		described by Subdivision (2) of this subsection and that have not
43	44		yet been implemented.
44	45		(c) The commission is composed of nine members appointed as
45	46		follows:
46	47		(1) two members appointed by the governor;
47	48		(2) two members appointed by the lieutenant governor;
48	49		(3) two members appointed by the speaker of the house
49	50		of representatives;
50	51		(4) two members appointed by the chief justice of the
51	52		Supreme Court of Texas; and
52	53		(5) one member appointed by the presiding judge of the
53	54		Texas Court of Criminal Appeals.
54	55		(d) The officials making appointments to the commission
55	56		under Subsection (c) of this section shall ensure that the
56	57		membership of the commission includes representatives of all areas
57	58		of the criminal justice system, including prosecutors, defense
58	59		attorneys, judges, legal scholars, and relevant business
59	60		interests.
60	61		(e) The governor shall designate one member of the
61	62		commission to serve as the presiding officer of the commission.
62	63		(f) A member of the commission is not entitled to
63	64		compensation or reimbursement of expenses.
64	65		(g) The commission shall meet at the call of the presiding
65	66		officer.
66	67		(h) Not later than November 1, 2022, the commission shall
67	68		report the commission's findings and recommendations to the
68	69		governor, the lieutenant governor, the speaker of the house of
69	70		representatives, the Supreme Court of Texas, the Texas Court of
70	71		Criminal Appeals, and the standing committees of the house of
71	72		representatives and the senate with primary jurisdiction over
72	73		criminal justice matters. The commission shall include in its
73	74		recommendations any specific statutes that the commission
74	75		recommends repealing or amending.
75	76		SECTION 2.02. APPOINTMENT OF MEMBERS. Not later than
76	77		November 1, 2021, the governor, the lieutenant governor, the
77	78		speaker of the house of representatives, the chief justice of the
78	79		Supreme Court of Texas, and the presiding judge of the Texas Court
79	80		of Criminal Appeals shall appoint the members of the commission
80	81		created under this article.
81	82		SECTION 2.03. ABOLITION OF COMMISSION. The commission is
82	83		abolished and this article expires December 31, 2022.
83	84		ARTICLE 3. MISCELLANEOUS AMENDMENTS RELATING TO CRIMINAL OFFENSES
84	85		SECTION 3.01. Section 17.46(b), Business & Commerce Code,
85	86		is amended to read as follows:
86	87		(b) Except as provided in Subsection (d) of this section,
87	88		the term "false, misleading, or deceptive acts or practices"
88	89		includes, but is not limited to, the following acts:
89	90		(1) passing off goods or services as those of another;
90	91		(2) causing confusion or misunderstanding as to the
91	92		source, sponsorship, approval, or certification of goods or
92	93		services;
93	94		(3) causing confusion or misunderstanding as to
94	95		affiliation, connection, or association with, or certification by,
95	96		another;
96	97		(4) using deceptive representations or designations
97	98		of geographic origin in connection with goods or services;
98	99		(5) representing that goods or services have
99	100		sponsorship, approval, characteristics, ingredients, uses,
100	101		benefits, or quantities which they do not have or that a person has
101	102		a sponsorship, approval, status, affiliation, or connection which
102	103		the person does not;
103	104		(6) representing that goods are original or new if
104	105		they are deteriorated, reconditioned, reclaimed, used, or
105	106		secondhand;
106	107		(7) representing that goods or services are of a
107	108		particular standard, quality, or grade, or that goods are of a
108	109		particular style or model, if they are of another;
109	110		(8) disparaging the goods, services, or business of
110	111		another by false or misleading representation of facts;
111	112		(9) advertising goods or services with intent not to
112	113		sell them as advertised;
113	114		(10) advertising goods or services with intent not to
114	115		supply a reasonable expectable public demand, unless the
115	116		advertisements disclosed a limitation of quantity;
116	117		(11) making false or misleading statements of fact
117	118		concerning the reasons for, existence of, or amount of price
118	119		reductions;
119	120		(12) representing that an agreement confers or
120	121		involves rights, remedies, or obligations which it does not have or
121	122		involve, or which are prohibited by law;
122	123		(13) knowingly making false or misleading statements
123	124		of fact concerning the need for parts, replacement, or repair
124	125		service;
125	126		(14) misrepresenting the authority of a salesman,
126	127		representative or agent to negotiate the final terms of a consumer
127	128		transaction;
128	129		(15) basing a charge for the repair of any item in
129	130		whole or in part on a guaranty or warranty instead of on the value of
130	131		the actual repairs made or work to be performed on the item without
131	132		stating separately the charges for the work and the charge for the
132	133		warranty or guaranty, if any;
133	134		(16) disconnecting, turning back, or resetting the
134	135		odometer of any motor vehicle so as to reduce the number of miles
135	136		indicated on the odometer gauge;
136	137		(17) advertising of any sale by fraudulently
137	138		representing that a person is going out of business;
138	139		(18) advertising, selling, or distributing a card
139	140		which purports to be a prescription drug identification card issued
140	141		under Section 4151.152, Insurance Code, in accordance with rules
141	142		adopted by the commissioner of insurance, which offers a discount
142	143		on the purchase of health care goods or services from a third party
143	144		provider, and which is not evidence of insurance coverage, unless:
144	145		(A) the discount is authorized under an agreement
145	146		between the seller of the card and the provider of those goods and
146	147		services or the discount or card is offered to members of the
147	148		seller;
148	149		(B) the seller does not represent that the card
149	150		provides insurance coverage of any kind; and
150	151		(C) the discount is not false, misleading, or
151	152		deceptive;
152	153		(19) using or employing a chain referral sales plan in
153	154		connection with the sale or offer to sell of goods, merchandise, or
154	155		anything of value, which uses the sales technique, plan,
155	156		arrangement, or agreement in which the buyer or prospective buyer
156	157		is offered the opportunity to purchase merchandise or goods and in
157	158		connection with the purchase receives the seller's promise or
158	159		representation that the buyer shall have the right to receive
159	160		compensation or consideration in any form for furnishing to the
160	161		seller the names of other prospective buyers if receipt of the
161	162		compensation or consideration is contingent upon the occurrence of
162	163		an event subsequent to the time the buyer purchases the merchandise
163	164		or goods;
164	165		(20) representing that a guaranty or warranty confers
165	166		or involves rights or remedies which it does not have or involve,
166	167		provided, however, that nothing in this subchapter shall be
167	168		construed to expand the implied warranty of merchantability as
168	169		defined in Sections 2.314 through 2.318 and Sections 2A.212 through
169	170		2A.216 to involve obligations in excess of those which are
170	171		appropriate to the goods;
171	172		(21) promoting a pyramid promotional scheme, as
172	173		defined by Section 32.55, Penal Code [17.461];
173	174		(22) representing that work or services have been
174	175		performed on, or parts replaced in, goods when the work or services
175	176		were not performed or the parts replaced;
176	177		(23) filing suit founded upon a written contractual
177	178		obligation of and signed by the defendant to pay money arising out
178	179		of or based on a consumer transaction for goods, services, loans, or
179	180		extensions of credit intended primarily for personal, family,
180	181		household, or agricultural use in any county other than in the
181	182		county in which the defendant resides at the time of the
182	183		commencement of the action or in the county in which the defendant
183	184		in fact signed the contract; provided, however, that a violation of
184	185		this subsection shall not occur where it is shown by the person
185	186		filing such suit that the person neither knew or had reason to know
186	187		that the county in which such suit was filed was neither the county
187	188		in which the defendant resides at the commencement of the suit nor
188	189		the county in which the defendant in fact signed the contract;
189	190		(24) failing to disclose information concerning goods
190	191		or services which was known at the time of the transaction if such
191	192		failure to disclose such information was intended to induce the
192	193		consumer into a transaction into which the consumer would not have
193	194		entered had the information been disclosed;
194	195		(25) using the term "corporation," "incorporated," or
195	196		an abbreviation of either of those terms in the name of a business
196	197		entity that is not incorporated under the laws of this state or
197	198		another jurisdiction;
198	199		(26) selling, offering to sell, or illegally promoting
199	200		an annuity contract under Chapter 22, Acts of the 57th Legislature,
200	201		3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
201	202		Statutes), with the intent that the annuity contract will be the
202	203		subject of a salary reduction agreement, as defined by that Act, if
203	204		the annuity contract is not an eligible qualified investment under
204	205		that Act;
205	206		(27) subject to Section 17.4625, taking advantage of a
206	207		disaster declared by the governor under Chapter 418, Government
207	208		Code, or by the president of the United States by:
208	209		(A) selling or leasing fuel, food, medicine,
209	210		lodging, building materials, construction tools, or another
210	211		necessity at an exorbitant or excessive price; or
211	212		(B) demanding an exorbitant or excessive price in
212	213		connection with the sale or lease of fuel, food, medicine, lodging,
213	214		building materials, construction tools, or another necessity;
214	215		(28) using the translation into a foreign language of
215	216		a title or other word, including "attorney," "immigration
216	217		consultant," "immigration expert," "lawyer," "licensed," "notary,"
217	218		and "notary public," in any written or electronic material,
218	219		including an advertisement, a business card, a letterhead,
219	220		stationery, a website, or an online video, in reference to a person
220	221		who is not an attorney in order to imply that the person is
221	222		authorized to practice law in the United States;
222	223		(29) delivering or distributing a solicitation in
223	224		connection with a good or service that:
224	225		(A) represents that the solicitation is sent on
225	226		behalf of a governmental entity when it is not; or
226	227		(B) resembles a governmental notice or form that
227	228		represents or implies that a criminal penalty may be imposed if the
228	229		recipient does not remit payment for the good or service;
229	230		(30) delivering or distributing a solicitation in
230	231		connection with a good or service that resembles a check or other
231	232		negotiable instrument or invoice, unless the portion of the
232	233		solicitation that resembles a check or other negotiable instrument
233	234		or invoice includes the following notice, clearly and conspicuously
234	235		printed in at least 18-point type:
235	236		"SPECIMEN-NON-NEGOTIABLE";
236	237		(31) in the production, sale, distribution, or
237	238		promotion of a synthetic substance that produces and is intended to
238	239		produce an effect when consumed or ingested similar to, or in excess
239	240		of, the effect of a controlled substance or controlled substance
240	241		analogue, as those terms are defined by Section 481.002, Health and
241	242		Safety Code:
242	243		(A) making a deceptive representation or
243	244		designation about the synthetic substance; or
244	245		(B) causing confusion or misunderstanding as to
245	246		the effects the synthetic substance causes when consumed or
246	247		ingested;
247	248		(32) a licensed public insurance adjuster directly or
248	249		indirectly soliciting employment, as defined by Section 38.01,
249	250		Penal Code, for an attorney, or a licensed public insurance
250	251		adjuster entering into a contract with an insured for the primary
251	252		purpose of referring the insured to an attorney without the intent
252	253		to actually perform the services customarily provided by a licensed
253	254		public insurance adjuster, provided that this subdivision may not
254	255		be construed to prohibit a licensed public insurance adjuster from
255	256		recommending a particular attorney to an insured;
256	257		(33) owning, operating, maintaining, or advertising a
257	258		massage establishment, as defined by Section 455.001, Occupations
258	259		Code, that:
259	260		(A) is not appropriately licensed under Chapter
260	261		455, Occupations Code, or is not in compliance with the applicable
261	262		licensing and other requirements of that chapter; or
262	263		(B) is not in compliance with an applicable local
263	264		ordinance relating to the licensing or regulation of massage
264	265		establishments; or
265	266		(34) a warrantor of a vehicle protection product
266	267		warranty using, in connection with the product, a name that
267	268		includes "casualty," "surety," "insurance," "mutual," or any other
268	269		word descriptive of an insurance business, including property or
269	270		casualty insurance, or a surety business.
270	271		SECTION 3.02. Section 17.461, Business & Commerce Code, is
271	272		transferred to Subchapter D, Chapter 32, Penal Code, and
272	273		redesignated as Section 32.55, Penal Code, to read as follows:
273	274		Sec. 32.55 [17.461]. PYRAMID PROMOTIONAL SCHEME. (a) In
274	275		this section:
275	276		(1) "Compensation" means payment of money, a financial
276	277		benefit, or another thing of value. The term does not include
277	278		payment based on sale of a product to a person, including a
278	279		participant, who purchases the product for actual use or
279	280		consumption.
280	281		(2) "Consideration" means the payment of cash or the
281	282		purchase of a product. The term does not include:
282	283		(A) a purchase of a product furnished at cost to
283	284		be used in making a sale and not for resale;
284	285		(B) a purchase of a product subject to a
285	286		repurchase agreement that complies with Subsection (b); or
286	287		(C) time and effort spent in pursuit of a sale or
287	288		in a recruiting activity.
288	289		(3) "Participate" means to contribute money into a
289	290		pyramid promotional scheme without promoting, organizing, or
290	291		operating the scheme.
291	292		(4) "Product" means a good, a service, or intangible
292	293		property of any kind.
293	294		(5) "Promoting a pyramid promotional scheme" means:
294	295		(A) inducing or attempting to induce one or more
295	296		other persons to participate in a pyramid promotional scheme; or
296	297		(B) assisting another person in inducing or
297	298		attempting to induce one or more other persons to participate in a
298	299		pyramid promotional scheme, including by providing references.
299	300		(6) "Pyramid promotional scheme" means a plan or
300	301		operation by which a person gives consideration for the opportunity
301	302		to receive compensation that is derived primarily from a person's
302	303		introduction of other persons to participate in the plan or
303	304		operation rather than from the sale of a product by a person
304	305		introduced into the plan or operation.
305	306		(b) To qualify as a repurchase agreement for the purposes of
306	307		Subsection (a)(2)(B), an agreement must be an enforceable agreement
307	308		by the seller to repurchase, on written request of the purchaser and
308	309		not later than the first anniversary of the purchaser's date of
309	310		purchase, all unencumbered products that are in an unused,
310	311		commercially resalable condition at a price not less than 90
311	312		percent of the amount actually paid by the purchaser for the
312	313		products being returned, less any consideration received by the
313	314		purchaser for purchase of the products being returned. A product
314	315		that is no longer marketed by the seller is considered resalable if
315	316		the product is otherwise in an unused, commercially resalable
316	317		condition and is returned to the seller not later than the first
317	318		anniversary of the purchaser's date of purchase, except that the
318	319		product is not considered resalable if before the purchaser
319	320		purchased the product it was clearly disclosed to the purchaser
320	321		that the product was sold as a nonreturnable, discontinued,
321	322		seasonal, or special promotion item.
322	323		(c) A person commits an offense if the person contrives,
323	324		prepares, establishes, operates, advertises, sells, or promotes a
324	325		pyramid promotional scheme. An offense under this subsection is a
325	326		state jail felony.
326	327		(d) It is not a defense to prosecution for an offense under
327	328		this section that the pyramid promotional scheme involved both a
328	329		franchise to sell a product and the authority to sell additional
329	330		franchises if the emphasis of the scheme is on the sale of
330	331		additional franchises.
331		-	SECTION 3.03. Sections 557.001 and 557.011, Government
	332	+	SECTION 3.03. Sections 522.001 and 522.002, Business &
	333	+	Commerce Code, are transferred to Subchapter D, Chapter 32, Penal
	334	+	Code, redesignated as Section 32.511, Penal Code, and amended to
	335	+	read as follows:
	336	+	Sec. 32.511 [522.001]. IDENTITY THEFT BY ELECTRONIC DEVICE
	337	+	[DEFINITIONS]. (a) In this section [chapter]:
	338	+	(1) "Payment card" means a credit card, debit card,
	339	+	check card, or other card that is issued to an authorized user to
	340	+	purchase or obtain goods, services, money, or any other thing of
	341	+	value.
	342	+	(2) "Re-encoder" means an electronic device that can
	343	+	be used to transfer encoded information from a magnetic strip on a
	344	+	payment card onto the magnetic strip of a different payment card.
	345	+	(3) "Scanning device" means an electronic device used
	346	+	to access, read, scan, or store information encoded on the magnetic
	347	+	strip of a payment card.
	348	+	(b) [Sec. 522.002. OFFENSE; PENALTY. (a)] A person commits
	349	+	an offense if the person uses a scanning device or re-encoder to
	350	+	access, read, scan, store, or transfer information encoded on the
	351	+	magnetic strip of a payment card without the consent of an
	352	+	authorized user of the payment card and with intent to harm or
	353	+	defraud another.
	354	+	(c) [(b)] An offense under this section is a Class B
	355	+	misdemeanor, except that the offense is a state jail felony if the
	356	+	information accessed, read, scanned, stored, or transferred was
	357	+	protected health information as defined by the Health Insurance
	358	+	Portability and Accountability Act and Privacy Standards, as
	359	+	defined by Section 181.001, Health and Safety Code.
	360	+	(d) [(c)] If conduct that constitutes an offense under this
	361	+	section also constitutes an offense under any other law, the actor
	362	+	may be prosecuted under this section or the other law.
	363	+	SECTION 3.04. Sections 607.001(6) and (8), Business &
	364	+	Commerce Code, are amended to read as follows:
	365	+	(6) "Payment card" has the meaning assigned by Section
	366	+	32.511, Penal Code [522.001].
	367	+	(8) "Skimmer" means a wire or electronic device that
	368	+	is capable of unlawfully intercepting electronic communications or
	369	+	data to perpetrate fraud. The term includes a re-encoder and
	370	+	scanning device, as those terms are defined by Section 32.511,
	371	+	Penal Code [522.001].
	372	+	SECTION 3.05. Article 18.18(g), Code of Criminal Procedure,
	373	+	is amended to read as follows:
	374	+	(g) For purposes of this article:
	375	+	(1) "criminal instrument" has the meaning defined in
	376	+	the Penal Code;
	377	+	(2) "gambling device or equipment, altered gambling
	378	+	equipment or gambling paraphernalia" has the meaning defined in the
	379	+	Penal Code;
	380	+	(3) "prohibited weapon" has the meaning defined in the
	381	+	Penal Code;
	382	+	(4) "dog-fighting equipment" means:
	383	+	(A) equipment used for training or handling a
	384	+	fighting dog, including a harness, treadmill, cage, decoy, pen,
	385	+	house for keeping a fighting dog, feeding apparatus, or training
	386	+	pen;
	387	+	(B) equipment used for transporting a fighting
	388	+	dog, including any automobile, or other vehicle, and its
	389	+	appurtenances which are intended to be used as a vehicle for
	390	+	transporting a fighting dog;
	391	+	(C) equipment used to promote or advertise an
	392	+	exhibition of dog fighting, including a printing press or similar
	393	+	equipment, paper, ink, or photography equipment; or
	394	+	(D) a dog trained, being trained, or intended to
	395	+	be used to fight with another dog;
	396	+	(5) "obscene device" and "obscene" have the meanings
	397	+	assigned by Section 43.21, Penal Code;
	398	+	(6) "re-encoder" has the meaning assigned by Section
	399	+	32.511, Penal [522.001, Business & Commerce] Code;
	400	+	(7) "scanning device" has the meaning assigned by
	401	+	Section 32.511, Penal [522.001, Business & Commerce] Code; and
	402	+	(8) "obscene material" and "child pornography"
	403	+	include digital images and the media and equipment on which those
	404	+	images are stored.
	405	+	SECTION 3.06. (a) Article 59.01(2), Code of Criminal
	406	+	Procedure, as effective until January 1, 2022, is amended to read as
	407	+	follows:
	408	+	(2) "Contraband" means property of any nature,
	409	+	including real, personal, tangible, or intangible, that is:
	410	+	(A) used in the commission of:
	411	+	(i) any first or second degree felony under
	412	+	the Penal Code;
	413	+	(ii) any felony under Section 15.031(b),
	414	+	21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
	415	+	Code;
	416	+	(iii) any felony under Chapter 43, Penal
	417	+	Code, except as provided by Paragraph (B);
	418	+	(iv) any felony under The Securities Act
	419	+	(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
	420	+	(v) any offense under Chapter 49, Penal
	421	+	Code, that is punishable as a felony of the third degree or state
	422	+	jail felony, if the defendant has been previously convicted three
	423	+	times of an offense under that chapter;
	424	+	(B) used or intended to be used in the commission
	425	+	of:
	426	+	(i) any felony under Chapter 481, Health
	427	+	and Safety Code (Texas Controlled Substances Act);
	428	+	(ii) any felony under Chapter 483, Health
	429	+	and Safety Code;
	430	+	(iii) a felony under Chapter 151, Finance
	431	+	Code;
	432	+	(iv) any felony under Chapter 20A or 34,
	433	+	Penal Code;
	434	+	(v) a Class A misdemeanor under Subchapter
	435	+	B, Chapter 365, Health and Safety Code, if the defendant has been
	436	+	previously convicted twice of an offense under that subchapter;
	437	+	(vi) any felony under Chapter 32, Human
	438	+	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
	439	+	involves a health care program, as defined by Section 35A.01, Penal
	440	+	Code;
	441	+	(vii) an offense [a Class B misdemeanor]
	442	+	under Section 32.511, Penal [Chapter 522, Business & Commerce]
	443	+	Code;
	444	+	(viii) a Class A misdemeanor under Section
	445	+	306.051, Business & Commerce Code;
	446	+	(ix) any offense under Section 42.10, Penal
	447	+	Code;
	448	+	(x) any offense under Section 46.06(a)(1)
	449	+	or 46.14, Penal Code;
	450	+	(xi) any offense under Chapter 71, Penal
	451	+	Code;
	452	+	(xii) any offense under Section 20.05,
	453	+	20.06, 20.07, 43.04, or 43.05, Penal Code; or
	454	+	(xiii) an offense under Section 326.002,
	455	+	Business & Commerce Code;
	456	+	(C) the proceeds gained from the commission of a
	457	+	felony listed in Paragraph (A) or (B) of this subdivision, a
	458	+	misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)
	459	+	of this subdivision, or a crime of violence;
	460	+	(D) acquired with proceeds gained from the
	461	+	commission of a felony listed in Paragraph (A) or (B) of this
	462	+	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
	463	+	(xi), or (xii) of this subdivision, or a crime of violence;
	464	+	(E) used to facilitate or intended to be used to
	465	+	facilitate the commission of a felony under Section 15.031 or
	466	+	Chapter 43, Penal Code; or
	467	+	(F) used to facilitate or intended to be used to
	468	+	facilitate the commission of an offense under Section 20.05, 20.06,
	469	+	or 20.07 or Chapter 20A, Penal Code.
	470	+	(b) Article 59.01(2), Code of Criminal Procedure, as
	471	+	effective on January 1, 2022, is amended to read as follows:
	472	+	(2) "Contraband" means property of any nature,
	473	+	including real, personal, tangible, or intangible, that is:
	474	+	(A) used in the commission of:
	475	+	(i) any first or second degree felony under
	476	+	the Penal Code;
	477	+	(ii) any felony under Section 15.031(b),
	478	+	21.11, or 38.04 or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal
	479	+	Code;
	480	+	(iii) any felony under Chapter 43, Penal
	481	+	Code, except as provided by Paragraph (B);
	482	+	(iv) any felony under The Securities Act
	483	+	(Title 12, Government Code); or
	484	+	(v) any offense under Chapter 49, Penal
	485	+	Code, that is punishable as a felony of the third degree or state
	486	+	jail felony, if the defendant has been previously convicted three
	487	+	times of an offense under that chapter;
	488	+	(B) used or intended to be used in the commission
	489	+	of:
	490	+	(i) any felony under Chapter 481, Health
	491	+	and Safety Code (Texas Controlled Substances Act);
	492	+	(ii) any felony under Chapter 483, Health
	493	+	and Safety Code;
	494	+	(iii) a felony under Chapter 151, Finance
	495	+	Code;
	496	+	(iv) any felony under Chapter 20A or 34,
	497	+	Penal Code;
	498	+	(v) a Class A misdemeanor under Subchapter
	499	+	B, Chapter 365, Health and Safety Code, if the defendant has been
	500	+	previously convicted twice of an offense under that subchapter;
	501	+	(vi) any felony under Chapter 32, Human
	502	+	Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
	503	+	involves a health care program, as defined by Section 35A.01, Penal
	504	+	Code;
	505	+	(vii) an offense [a Class B misdemeanor]
	506	+	under Section 32.511, Penal [Chapter 522, Business & Commerce]
	507	+	Code;
	508	+	(viii) a Class A misdemeanor under Section
	509	+	306.051, Business & Commerce Code;
	510	+	(ix) any offense under Section 42.10, Penal
	511	+	Code;
	512	+	(x) any offense under Section 46.06(a)(1)
	513	+	or 46.14, Penal Code;
	514	+	(xi) any offense under Chapter 71, Penal
	515	+	Code;
	516	+	(xii) any offense under Section 20.05,
	517	+	20.06, 20.07, 43.04, or 43.05, Penal Code; or
	518	+	(xiii) an offense under Section 326.002,
	519	+	Business & Commerce Code;
	520	+	(C) the proceeds gained from the commission of a
	521	+	felony listed in Paragraph (A) or (B) of this subdivision, a
	522	+	misdemeanor listed in Paragraph (B)(vii), (ix), (x), (xi), or (xii)
	523	+	of this subdivision, or a crime of violence;
	524	+	(D) acquired with proceeds gained from the
	525	+	commission of a felony listed in Paragraph (A) or (B) of this
	526	+	subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
	527	+	(xi), or (xii) of this subdivision, or a crime of violence;
	528	+	(E) used to facilitate or intended to be used to
	529	+	facilitate the commission of a felony under Section 15.031 or
	530	+	Chapter 43, Penal Code; or
	531	+	(F) used to facilitate or intended to be used to
	532	+	facilitate the commission of an offense under Section 20.05, 20.06,
	533	+	or 20.07 or Chapter 20A, Penal Code.
	534	+	SECTION 3.07. Sections 424.001(2) and (4), Government Code,
	535	+	as added by Chapter 863 (H.B. 2945), Acts of the 86th Legislature,
	536	+	Regular Session, 2019, are amended to read as follows:
	537	+	(2) "Payment card" has the meaning assigned by Section
	538	+	32.511, Penal [522.001, Business & Commerce] Code.
	539	+	(4) "Skimmer" means a wire or electronic device that
	540	+	is capable of unlawfully intercepting electronic communications or
	541	+	data to perpetrate fraud. The term includes a re-encoder and
	542	+	scanning device, as those terms are defined by Section 32.511,
	543	+	Penal [522.001, Business & Commerce] Code.
	544	+	SECTION 3.08. Sections 557.001 and 557.011, Government
332	545		Code, are transferred to Chapter 40, Penal Code, as added by this
333	546		Act, redesignated as Sections 40.01 and 40.02, Penal Code,
334	547		respectively, and amended to read as follows:
335	548		Sec. 40.01 [557.001]. SEDITION. (a) A person commits an
336	549		offense if the person knowingly:
337	550		(1) commits, attempts to commit, or conspires with one
338	551		or more persons to commit an act intended to overthrow, destroy, or
339	552		alter the constitutional form of government of this state or of any
340	553		political subdivision of this state by force or violence;
341	554		(2) under circumstances that constitute a clear and
342	555		present danger to the security of this state or a political
343	556		subdivision of this state, advocates, advises, or teaches or
344	557		conspires with one or more persons to advocate, advise, or teach a
345	558		person to commit or attempt to commit an act described in
346	559		Subdivision (1); or
347	560		(3) participates, with knowledge of the nature of the
348	561		organization, in the management of an organization that engages in
349	562		or attempts to engage in an act intended to overthrow, destroy, or
350	563		alter the constitutional form of government of this state or of any
351	564		political subdivision of this state by force or violence.
352	565		(b) An offense under this section is a felony of the second
353	566		degree [punishable by:
354	567		[(1) a fine not to exceed $20,000;
355	568		[(2) confinement in the Texas Department of Criminal
356	569		Justice for a term of not less than one year or more than 20 years;
357	570		or
358	571		[(3) both fine and imprisonment].
359	572		(c) A person convicted of an offense under this section may
360	573		not receive community supervision under Chapter 42A, Code of
361	574		Criminal Procedure.
362	575		Sec. 40.02 [557.011]. SABOTAGE. (a) A person commits an
363	576		offense if the person, with the intent to injure the United States,
364	577		this state, or any facility or property used for national defense
365	578		sabotages or attempts to sabotage any property or facility used or
366	579		to be used for national defense.
367	580		(b) An offense under this section is a felony of the second
368	581		degree [punishable by confinement in the Texas Department of
369	582		Criminal Justice for a term of not less than two years or more than
370	583		20 years].
371	584		(c) If conduct constituting an offense under this section
372	585		also constitutes an offense under another provision of law, the
373	586		actor may be prosecuted under both sections.
374	587		(d) In this section, "sabotage" means to wilfully and
375	588		maliciously damage or destroy property.
376		-	SECTION 3.04. Section 557.002, Government Code, is amended
	589	+	SECTION 3.09. Section 557.002, Government Code, is amended
377	590		to read as follows:
378	591		Sec. 557.002. DISQUALIFICATION. A person who is finally
379	592		convicted of an offense under Section 40.01, Penal Code, [557.001]
380	593		may not hold office or a position of profit, trust, or employment
381	594		with the state or any political subdivision of the state.
382		-	SECTION 3.05. Section 3101.010(b), Government Code, is
	595	+	SECTION 3.10. Section 3101.010(b), Government Code, is
383	596		amended to read as follows:
384	597		(b) An offense under this section is a misdemeanor and on
385	598		conviction is punishable by[:
386	599		[(1)] a fine of not less than $5 or more than $300[;
387	600		[(2) confinement in the county jail for a term not to
388	601		exceed three months; or
389	602		[(3) both a fine and confinement].
390		-	SECTION 3.06. Section 615.002(e), Local Government Code, is
	603	+	SECTION 3.11. Section 615.002(e), Local Government Code, is
391	604		amended to read as follows:
392	605		(e) A person commits an offense if the person violates a
393	606		parking rule adopted under this section. An offense under this
394	607		subsection is a Class C misdemeanor [punishable by a fine of not
395	608		less than $1 nor more than $20].
396		-	SECTION 3.07. Section 11.074(b), Natural Resources Code, is
	609	+	SECTION 3.12. Section 11.074(b), Natural Resources Code, is
397	610		amended to read as follows:
398	611		(b) Any owner of stock or a [his] manager, agent, employee,
399	612		or servant of the owner who fences, uses, occupies, or appropriates
400	613		by herding or line-riding any portion of the land covered by
401	614		Subsection (a) [of this section] without a lease for the land
402	615		commits an offense. An offense under this section is a Class C
403	616		misdemeanor[, on conviction, shall be fined not less than $100 nor
404	617		more than $1,000 and confined in the county jail for not less than
405	618		three months nor more than two years]. Each day for which a
406	619		violation continues constitutes a separate offense.
407		-	SECTION 3.08. Section 88.134(b), Natural Resources Code, is
	620	+	SECTION 3.13. Section 88.134(b), Natural Resources Code, is
408	621		amended to read as follows:
409	622		(b) A person who violates any [other] provision of this
410	623		chapter other than those covered by Subsection (a), a person who
411	624		fails to comply with any of the other terms of this chapter, a
412	625		person who fails to comply with the terms of a rule or order adopted
413	626		by the governmental agency under the terms of this chapter, or a
414	627		person who violates any of the rules or orders of the governmental
415	628		agency adopted under the provisions of this chapter commits an
416	629		offense. An offense under this subsection is a felony of the third
417	630		degree [on conviction is considered guilty of a felony and on
418	631		conviction shall be punished by imprisonment in the Texas
419	632		Department of Criminal Justice for a term of not less than two nor
420	633		more than four years].
421		-	SECTION 3.09. Section 114.102(b), Natural Resources Code,
	634	+	SECTION 3.14. Section 114.102(b), Natural Resources Code,
422	635		is amended to read as follows:
423	636		(b) An offense under this section is a Class A misdemeanor
424	637		[felony of the third degree].
425		-	SECTION 3.10. Section 264.151(a), Occupations Code, is
	638	+	SECTION 3.15. Section 264.151(a), Occupations Code, is
426	639		amended to read as follows:
427	640		(a) A person commits an offense if the person violates
428	641		Section 256.001. An offense under this subsection is a felony of
429	642		the third degree. [Each day of a violation is a separate offense.]
430		-	SECTION 3.11. Section 266.303, Occupations Code, is amended
	643	+	SECTION 3.16. Section 266.303, Occupations Code, is amended
431	644		by amending Subsection (b) and adding Subsection (b-1) to read as
432	645		follows:
433	646		(b) An offense for a violation of Section 266.151 is a Class
434	647		A misdemeanor, except that the offense is a felony of the third
435	648		degree if it is shown on the trial of the offense that the defendant
436	649		has previously been convicted of an offense for a violation of
437	650		Section 266.151.
438	651		(b-1) An offense for a violation of [or] Section 266.301(b)
439	652		is a Class A misdemeanor, except that the offense is a felony of the
440	653		third degree if it is shown on the trial of the offense that the
441	654		defendant has previously been convicted of an offense for a
442	655		violation of Section 266.301(b).
443		-	SECTION 3.12. Section 1701.553(b), Occupations Code, is
	656	+	SECTION 3.17. Section 1701.553(b), Occupations Code, is
444	657		amended to read as follows:
445	658		(b) An offense under Subsection (a) is a Class A misdemeanor
446	659		[state jail felony].
447		-	SECTION 3.13. Subchapter E, Chapter 1802, Occupations Code,
	660	+	SECTION 3.18. Subchapter E, Chapter 1802, Occupations Code,
448	661		is amended by adding Section 1802.2025 to read as follows:
449	662		Sec. 1802.2025. FRIVOLOUS CLAIMS; CIVIL PENALTY. (a) A
450	663		person may not, for personal benefit or to harm another:
451	664		(1) institute a claim under this chapter in which the
452	665		person knows the person has no interest; or
453	666		(2) institute a frivolous suit or claim that the
454	667		person knows is false.
455	668		(b) A person who violates Subsection (a) is subject to a
456	669		civil penalty under Section 51.352.
457		-	SECTION 3.14. Section 2155.002(e), Occupations Code, is
	670	+	SECTION 3.19. Section 2155.002(e), Occupations Code, is
458	671		amended to read as follows:
459	672		(e) An offense under this section [Subsection (b)] is a
460	673		misdemeanor punishable by a fine of not more than $100.
461		-	SECTION 3.15. Section 2156.006, Occupations Code, is
	674	+	SECTION 3.20. Section 2156.006, Occupations Code, is
462	675		amended to read as follows:
463	676		Sec. 2156.006. FORFEITURE OF LEASE. A theater's lessee or a
464	677		lessee's assigns forfeit the lease and any rights and privileges
465	678		under the lease if the person[:
466	679		[(1)] does not comply with the law governing
467	680		theaters[; or
468	681		[(2) is convicted of an offense under Section
469	682		2156.005].
470		-	SECTION 3.16. Section 19.03(a), Penal Code, is amended to
	683	+	SECTION 3.21. Section 19.03(a), Penal Code, is amended to
471	684		read as follows:
472	685		(a) A person commits an offense if the person commits murder
473	686		as defined under Section 19.02(b)(1) and:
474	687		(1) the person murders a peace officer or fireman who
475	688		is acting in the lawful discharge of an official duty and who the
476	689		person knows is a peace officer or fireman;
477	690		(2) the person intentionally commits the murder in the
478	691		course of committing or attempting to commit kidnapping, burglary,
479	692		robbery, aggravated sexual assault, arson, obstruction or
480	693		retaliation, sabotage, or terroristic threat under Section
481	694		22.07(a)(1), (3), (4), (5), or (6);
482	695		(3) the person commits the murder for remuneration or
483	696		the promise of remuneration or employs another to commit the murder
484	697		for remuneration or the promise of remuneration;
485	698		(4) the person commits the murder while escaping or
486	699		attempting to escape from a penal institution;
487	700		(5) the person, while incarcerated in a penal
488	701		institution, murders another:
489	702		(A) who is employed in the operation of the penal
490	703		institution; or
491	704		(B) with the intent to establish, maintain, or
492	705		participate in a combination or in the profits of a combination;
493	706		(6) the person:
494	707		(A) while incarcerated for an offense under this
495	708		section or Section 19.02, murders another; or
496	709		(B) while serving a sentence of life imprisonment
497	710		or a term of 99 years for an offense under Section 20.04, 22.021, or
498	711		29.03, murders another;
499	712		(7) the person murders more than one person:
500	713		(A) during the same criminal transaction; or
501	714		(B) during different criminal transactions but
502	715		the murders are committed pursuant to the same scheme or course of
503	716		conduct;
504	717		(8) the person murders an individual under 10 years of
505	718		age;
506	719		(9) the person murders an individual 10 years of age or
507	720		older but younger than 15 years of age; or
508	721		(10) the person murders another person in retaliation
509	722		for or on account of the service or status of the other person as a
510	723		judge or justice of the supreme court, the court of criminal
511	724		appeals, a court of appeals, a district court, a criminal district
512	725		court, a constitutional county court, a statutory county court, a
513	726		justice court, or a municipal court.
514		-	SECTION 3.17. Section 37.10(c)(2), Penal Code, is amended
	727	+	SECTION 3.22. Section 37.10(c)(2), Penal Code, is amended
515	728		to read as follows:
516	729		(2) An offense under this section is a felony of the
517	730		third degree if it is shown on the trial of the offense that the
518	731		governmental record was:
519	732		(A) a public school record, report, or assessment
520	733		instrument required under Chapter 39, Education Code, a public
521	734		school record, form, report, or budget required under Chapter 48,
522	735		Education Code, or a rule adopted under that chapter, data reported
523	736		for a school district or open-enrollment charter school to the
524	737		Texas Education Agency through the Public Education Information
525	738		Management System (PEIMS) described by Sections 48.008 and 48.009,
526	739		Education Code, under a law or rule requiring that reporting, or a
527	740		license, certificate, permit, seal, title, letter of patent, or
528	741		similar document issued by government, by another state, or by the
529	742		United States, unless the actor's intent is to defraud or harm
530	743		another, in which event the offense is a felony of the second
531	744		degree;
532	745		(B) a written report of a medical, chemical,
533	746		toxicological, ballistic, or other expert examination or test
534	747		performed on physical evidence for the purpose of determining the
535	748		connection or relevance of the evidence to a criminal action;
536	749		(C) a written report of the certification,
537	750		inspection, or maintenance record of an instrument, apparatus,
538	751		implement, machine, or other similar device used in the course of an
539	752		examination or test performed on physical evidence for the purpose
540	753		of determining the connection or relevance of the evidence to a
541	754		criminal action; or
542	755		(D) a search warrant issued by a magistrate.
543		-	SECTION 3.18. Title 8, Penal Code, is amended by adding
	756	+	SECTION 3.23. Title 8, Penal Code, is amended by adding
544	757		Chapter 40, and a heading is added to that chapter to read as
545	758		follows:
546	759		CHAPTER 40. SEDITION AND SABOTAGE
547		-	SECTION 3.19. Section 154.517, Tax Code, is amended to read
	760	+	SECTION 3.24. Section 154.517, Tax Code, is amended to read
548	761		as follows:
549	762		Sec. 154.517. FELONY OR MISDEMEANOR. (a) An offense under
550	763		Section [Sections] 154.511, 154.512, 154.514, 154.515, or
551	764		[through] 154.516 is a felony of the third degree.
552	765		(b) An offense under Section 154.513 is a Class A
553	766		misdemeanor unless it is shown on the trial of the offense that the
554	767		person has been previously convicted of an offense under that
555	768		section, in which event the offense is a felony of the third degree.
556		-	SECTION 3.20. Section 155.208, Tax Code, is amended to read
	769	+	SECTION 3.25. Section 155.208, Tax Code, is amended to read
557	770		as follows:
558	771		Sec. 155.208. MISDEMEANOR. An offense under Section
559	772		155.202, 155.204, 155.205, 155.206, or 155.207 [Sections
560	773		155.202-155.207] is a Class A misdemeanor.
561		-	SECTION 3.21. Section 155.213, Tax Code, is amended to read
	774	+	SECTION 3.26. Section 155.213, Tax Code, is amended to read
562	775		as follows:
563	776		Sec. 155.213. FELONY OR MISDEMEANOR. (a) An offense under
564	777		Section 155.210 or 155.212 [Sections 155.209-155.212] is a felony
565	778		of the third degree.
566	779		(b) An offense under Section 155.209 is a Class A
567	780		misdemeanor unless it is shown on the trial of the offense that the
568	781		person has been previously convicted of an offense under that
569	782		section, in which event the offense is a felony of the third degree.
570	783		(c) An offense under Section 155.211 is a Class A
571	784		misdemeanor unless it is shown on the trial of the offense that the
572	785		person has been previously convicted of an offense under that
573	786		section, in which event the offense is a felony of the third degree.
574		-	SECTION 3.22. Section 15.030(c), Utilities Code, is amended
	787	+	SECTION 3.27. Section 15.030(c), Utilities Code, is amended
575	788		to read as follows:
576	789		(c) An offense under this section is a Class A misdemeanor
577	790		[felony of the third degree].
578		-	SECTION 3.23. Section 105.024(b), Utilities Code, is
	791	+	SECTION 3.28. Section 105.024(b), Utilities Code, is
579	792		amended to read as follows:
580	793		(b) An offense under this section is a Class A misdemeanor
581	794		[felony of the third degree].
582		-	SECTION 3.24. The following laws are repealed:
	795	+	SECTION 3.29. The following laws are repealed:
583	796		(1) Section 101.64, Alcoholic Beverage Code;
584	797		(2) Sections 17.30, 17.31, and 204.005, Business &
585	798		Commerce Code;
586	799		(3) Chapter 504, Business & Commerce Code;
587		-	(4) Section 44.051, Education Code;
588		-	(5) the heading to Subchapter B, Chapter 557,
	800	+	(4) the heading to Chapter 522, Business & Commerce
	801	+	Code;
	802	+	(5) Section 44.051, Education Code;
	803	+	(6) the heading to Subchapter B, Chapter 557,
589	804		Government Code;
590		-	(6) Sections 557.012 and 557.013, Government Code;
591		-	(7) Sections 201.604, 205.401, 702.556, 1071.504,
	805	+	(7) Sections 557.012 and 557.013, Government Code;
	806	+	(8) Sections 52.021 and 52.022, Labor Code;
	807	+	(9) Sections 201.604, 205.401, 702.556, 1071.504,
592	808		1101.756, 1101.757, 1101.758, 1103.5545, 1104.253, 1802.301,
593	809		1802.302, 1802.303, 1805.103, 2155.002(d), 2156.004, 2156.005,
594	810		2158.003, and 2501.251, Occupations Code;
595		-	(8) Articles 4005a, 4006a, 4006b, 4015d, 4015e, ~~5196b,~~
596		-	and 9010, Revised Statutes; and
597		-	(9) Chapter 281 (H.B. 2680), Acts of the 73rd
	811	+	(10) Articles 4005a, 4006a, 4006b, 4015d, 4015e,
	812	+	5196b, and 9010, Revised Statutes; and
	813	+	(11) Chapter 281 (H.B. 2680), Acts of the 73rd
598	814		Legislature, Regular Session, 1993 (Article 4413(47e-1), Vernon's
599	815		Texas Civil Statutes).
600	816		ARTICLE 4. TRANSITION PROVISIONS; EFFECTIVE DATE
601	817		SECTION 4.01. The changes in law made by this Act apply only
602	818		to an offense committed on or after the effective date of this Act.
603	819		An offense committed before the effective date of this Act is
604	820		governed by the law in effect on the date the offense was committed,
605	821		and the former law is continued in effect for that purpose. For
606	822		purposes of this section, an offense was committed before the
607	823		effective date of this Act if any element of the offense occurred
608	824		before that date.
609	825		SECTION 4.02. This Act takes effect September 1, 2021.