88R3659 JRR-D
By: Moody H.B. No. 1402
A BILL TO BE ENTITLED
AN ACT
relating to the criminal penalties for certain criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 502.001(c), Business & Commerce Code, is
amended to read as follows:
(c) A restaurant or bar owner shall display in a prominent
place on the premises of the restaurant or bar a sign stating in
letters at least one-half inch high: "UNDER SECTION 32.51, PENAL
CODE, IT IS A [STATE JAIL] FELONY OF THE FOURTH DEGREE (PUNISHABLE
BY IMPRISONMENT IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
[CONFINEMENT IN A STATE JAIL] FOR NOT MORE THAN TWO YEARS) TO
OBTAIN, POSSESS, TRANSFER, OR USE A CUSTOMER'S DEBIT CARD OR CREDIT
CARD NUMBER WITHOUT THE CUSTOMER'S CONSENT OR EFFECTIVE CONSENT."
SECTION 2. Section 101.029, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON
INMATES. (a) The Texas Department of Criminal Justice is liable
for property damage, personal injury, and death proximately caused
by the wrongful act or omission or the negligence of an inmate [or
state jail defendant] housed in a facility operated by the
department if:
(1) the property damage, personal injury, or death
arises from the operation or use of a motor-driven vehicle or
motor-driven equipment;
(2) the inmate [or defendant] would be personally
liable to the claimant for the property damage, personal injury, or
death according to Texas law were the inmate [or defendant] a
private person acting in similar circumstances; and
(3) the act, omission, or negligence was committed by
the inmate [or defendant] acting in the course and scope of a task
or activity that:
(A) the inmate [or defendant] performed at the
request of an employee of the department; and
(B) the inmate [or defendant] performed under the
control or supervision of the department.
(b) A claimant may not name the inmate [or state jail
defendant] whose act or omission gave rise to the claim as a
codefendant in an action brought under this section.
(c) A judgment in an action or a settlement of a claim
against the Texas Department of Criminal Justice under this section
bars any action involving the same subject matter by the claimant
against the inmate [or state jail defendant] whose act or omission
gave rise to the claim. A judgment in an action or a settlement of a
claim against an inmate [or state jail defendant] bars any action
involving the same subject matter by the claimant against the Texas
Department of Criminal Justice under this section.
(d) This section does not apply to property damage, personal
injury, or death sustained by an inmate [or state jail defendant].
SECTION 3. Article 42A.056, Code of Criminal Procedure, is
amended to read as follows:
Art. 42A.056. LIMITATION ON JURY-RECOMMENDED COMMUNITY
SUPERVISION. A defendant is not eligible for community supervision
under Article 42A.055 if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) [is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Article 42A.551;
[(3)] is adjudged guilty of an offense under Section
19.02, Penal Code;
(3) [(4)] is convicted of an offense under Section
21.11, 22.011, or 22.021, Penal Code, if the victim of the offense
was younger than 14 years of age at the time the offense was
committed;
(4) [(5)] is convicted of an offense under Section
20.04, Penal Code, if:
(A) the victim of the offense was younger than 14
years of age at the time the offense was committed; and
(B) the actor committed the offense with the
intent to violate or abuse the victim sexually;
(5) [(6)] is convicted of an offense under Section
20A.02, 20A.03, 43.04, 43.05, or 43.25, Penal Code;
(6) [(7)] is convicted of an offense for which
punishment is increased under Section 481.134(c), (d), (e), or (f),
Health and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections; or
(7) [(8)] is convicted of an offense under Section
481.1123, Health and Safety Code, if the offense is punishable
under Subsection (d), (e), or (f) of that section.
SECTION 4. Articles 42A.515(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as provided by Subsection (e), on a defendant's
conviction of a Class A or B misdemeanor under Section 43.02(a),
Penal Code, the judge shall suspend imposition of the sentence and
place the defendant on community supervision.
(c) A judge who places a defendant on community supervision
under Subsection (a) [or (b)] shall require as a condition of
community supervision that the defendant participate in a
commercially sexually exploited persons court program established
under Chapter 126, Government Code, if a program has been
established for the county or municipality where the defendant
resides. Sections 126.002(b) and (c), Government Code, do not apply
with respect to a defendant required to participate in the court
program under this subsection.
SECTION 5. Article 56A.552, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.552. NOTIFICATION OF VICTIM. The department shall
immediately notify the victim of an offense, the victim's guardian,
or the victim's close relative if the victim is deceased, if the
victim, victim's guardian, or victim's close relative has notified
the department as provided by Article 56A.554, when the defendant:
(1) escapes from a facility operated by the department
for the imprisonment of individuals convicted of felonies [other
than state jail felonies]; or
(2) is transferred from the custody of a facility
described by Subdivision (1) to the custody of a peace officer under
a writ of attachment or a bench warrant.
SECTION 6. Article 56A.553, Code of Criminal Procedure, is
amended to read as follows:
Art. 56A.553. NOTIFICATION OF WITNESS. The department
shall immediately notify a witness who testified against a
defendant at the trial for the offense for which the defendant is
imprisoned, the witness's guardian, or the witness's close
relative, if the witness, witness's guardian, or witness's close
relative has notified the department as provided by Article
56A.554, when the defendant:
(1) escapes from a facility operated by the department
for the imprisonment of individuals convicted of felonies [other
than state jail felonies]; or
(2) is transferred from the custody of a facility
described by Subdivision (1) to the custody of a peace officer under
a writ of attachment or a bench warrant.
SECTION 7. Article 58.106, Code of Criminal Procedure, is
amended to read as follows:
Art. 58.106. DISCLOSURE OF INFORMATION OF CONFINED VICTIM.
This subchapter does not prohibit the inspector general of the
Texas Department of Criminal Justice from disclosing a victim's
identifying information to an employee of the department or the
department's ombudsperson if the victim is an inmate [or state jail
defendant] confined in a facility operated by or under contract
with the department.
SECTION 8. Article 58.107(d), Code of Criminal Procedure,
is amended to read as follows:
(d) It is an exception to the application of this article
that:
(1) the person who discloses the name, address, or
telephone number of a victim is the inspector general of the Texas
Department of Criminal Justice;
(2) the victim is an inmate [or state jail defendant]
confined in a facility operated by or under contract with the
department; and
(3) the person to whom the disclosure is made is an
employee of the department or the department's ombudsperson.
SECTION 9. Section 25.1332(a), Government Code, is amended
to read as follows:
(a) In addition to the jurisdiction provided by Section
25.0003 and other law, a county court at law in Kendall County has:
(1) concurrent jurisdiction with the district court in
fourth degree [state jail], third degree, and second degree felony
cases on assignment from a district judge presiding in Kendall
County and acceptance of the assignment by the judge of the county
court at law to:
(A) conduct arraignments;
(B) conduct pretrial hearings;
(C) accept guilty pleas and conduct sentencing;
(D) conduct jury trials and nonjury trials;
(E) conduct probation revocation hearings;
(F) conduct post-trial proceedings; and
(G) conduct family law cases and proceedings; and
(2) jurisdiction in:
(A) Class A and Class B misdemeanor cases;
(B) probate proceedings;
(C) disputes ancillary to probate, eminent
domain, condemnation, or landlord and tenant matters relating to
the adjudication and determination of land titles and trusts,
whether testamentary, inter vivos, constructive, resulting, or any
other class or type of trust, regardless of the amount in
controversy or the remedy sought;
(D) eminent domain; and
(E) appeals from the justice and municipal
courts.
SECTION 10. Sections 76.010(a), (c), (d), (e), and (f),
Government Code, are amended to read as follows:
(a) In this section, "community [:
[(1) "Community] corrections facility" has the
meaning assigned by Section 509.001.
[(2) "State jail felony facility" means a facility
operated or contracted for by the Texas Department of Criminal
Justice under Subchapter A, Chapter 507, for the confinement of
individuals convicted of state jail felonies.]
(c) The department may authorize expenditures of funds
provided by the division to the department for the purposes of
providing facilities, equipment, and utilities for community
corrections facilities [or state jail felony facilities] if:
(1) the judges described by Section 76.002 recommend
the expenditures; and
(2) the division[, or the correctional institutions
division of the Texas Department of Criminal Justice in the case of
a state jail felony facility,] provides funds for the purpose of
assisting in the establishment or improvement of the facilities.
(d) A department may acquire, hold title to, and own real
property for the purpose of establishing a community corrections
facility [or a state jail felony facility].
(e) A department, county, municipality, or a combination
involving more than one of those entities may not use a facility or
real property purchased, acquired, or improved with state funds
unless the division[, or the correctional institutions division of
the Texas Department of Criminal Justice in the case of a state jail
felony facility,] first approves the use.
(f) The division [or the correctional institutions division
of the Texas Department of Criminal Justice, in the case of a state
jail felony facility,] is entitled to reimbursement from an entity
described by Subsection (e) of all state funds used by the entity
without the approval required by Subsection (e).
SECTION 11. Section 411.172(b), Government Code, is amended
to read as follows:
(b) For the purposes of this section, an offense under the
laws of this state, another state, or the United States is:
(1) except as provided by Subsection (b-1), a felony
if the offense, at the time the offense is committed:
(A) is designated by a law of this state as a
felony;
(B) contains all the elements of an offense
designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or
more in a penitentiary; and
(2) a Class A misdemeanor if the offense is not a
felony and confinement in a jail [other than a state jail felony
facility] is affixed as a possible punishment.
SECTION 12. Section 493.002(a), Government Code, is amended
to read as follows:
(a) The following divisions are within the department:
(1) the community justice assistance division;
(2) the institutional division;
(3) the pardons and paroles division;
(4) [the state jail division;
[(5)] the internal audit division; and
(5) [(6)] the programs and services division.
SECTION 13. Section 493.0021(a), Government Code, is
amended to read as follows:
(a) Notwithstanding Sections 493.002, 493.003, 493.004,
493.005, [493.0051,] 493.0052, [as added by Chapter 1360, Acts of
the 75th Legislature, Regular Session, 1997,] and 493.0053
[493.0052, as added by Chapter 490, Acts of the 75th Legislature,
Regular Session, 1997], the executive director, with the approval
of the board, may:
(1) create divisions in addition to those listed in
Section 493.002 and assign to the newly created divisions any
duties and powers imposed on or granted to an existing division or
to the department generally;
(2) eliminate any division listed in Section 493.002
or created under this section and assign any duties or powers
previously assigned to the eliminated division to another division
listed in Section 493.002 or created under this section; or
(3) eliminate all divisions listed in Section 493.002
or created under this section and reorganize the distribution of
powers and duties granted to or imposed on a division in any manner
the executive director determines is best for the proper
administration of the department.
SECTION 14. Chapter 493, Government Code, is amended by
adding Section 493.0095 to read as follows:
Sec. 493.0095. USE OF FORMER STATE JAIL FELONY FACILITIES.
Notwithstanding any other law, the department may use a state jail
felony facility established under former Chapter 507 for any
purpose the department determines appropriate, including the
confinement of inmates serving a sentence for a felony of the fourth
degree.
SECTION 15. Section 493.015(b), Government Code, is amended
to read as follows:
(b) The department shall identify those inmates who are
imprisoned in the institutional division or confined in a substance
abuse treatment facility[, a state jail felony facility,] or a
county jail awaiting transfer to the institutional division and for
whom the department is unable to reasonably ascertain whether or
not the person is an illegal criminal alien.
SECTION 16. Section 493.033(a), Government Code, is amended
to read as follows:
(a) The department shall adopt a policy to increase the
availability of formal and informal peer support services,
including certified peer specialist services, to a person confined
in a facility operated by or under contract with the department,
including a [state jail felony facility,] substance abuse felony
punishment facility and[, or] intermediate sanction facility.
SECTION 17. Section 493.034, Government Code, is amended to
read as follows:
Sec. 493.034. EDUCATIONAL AND VOCATIONAL TRAINING PILOT
PROGRAM. (a) The department shall establish a pilot program to
provide educational and vocational training, employment, and
reentry services to[:
[(1) defendants placed on community supervision under
Article 42A.562, Code of Criminal Procedure; and
[(2)] inmates released on parole who are required to
participate in the program as a condition of parole imposed under
Section 508.1455.
(b) The department, in consultation with interested
parties, shall determine the eligibility criteria for an [a
defendant or] inmate to participate in the pilot program, including
requiring the [defendant or] inmate to arrange for suitable housing
while participating in the program.
(c) The department, in consultation with interested
parties, shall identify at least two and not more than four sites in
this state in which the pilot program will operate. In identifying
the sites, the department shall consider locating the program in
various regions throughout the state, including locations having a
variety of population sizes, provided that the department shall
select sites based on where the program will have the greatest
likelihood of success and regardless of geographic region or
population size. [The department shall also give consideration to
whether a risk and needs assessment is generally conducted before
sentencing defendants in a particular location and to the degree to
which local judges show support for the establishment of the
program in a particular location.]
(d) The department shall issue a request for proposals from
public or private entities to provide services through the pilot
program. The department shall select one or more qualified
applicants to provide services through the program to eligible
[defendants and] inmates.
(e) The pilot program consists of approximately 180 days of
employment-related services and support and must include:
(1) an initial period during which the [defendant or]
inmate will:
(A) receive training and education related to the
[defendant's or] inmate's vocational goals; and
(B) be employed by the provider;
(2) job placement services designed to provide
employment for the [defendant or] inmate after the period described
by Subdivision (1);
(3) assistance in obtaining a high school diploma or
industry certification for applicable [defendants and] inmates;
(4) life-skills training, including information about
budgeting and money management; and
(5) counseling and mental health services.
(f) The department shall limit the number of [defendants
and] inmates who may participate in the pilot program to not more
than 45 individuals per quarter per program location.
(g) The department shall pay providers not less than $40 per
day for each participant.
SECTION 18. Section 496.007, Government Code, is amended to
read as follows:
Sec. 496.007. LOCATION OF NEW FACILITIES. In determining
the location of a facility to be built, the department, in
evaluating the advantages and disadvantages of the proposed
location, shall consider whether the proposed location is:
(1) close enough to a county with 100,000 or more
inhabitants to provide access to services and other resources
provided in such a county;
(2) cost-effective with respect to its proximity to
other facilities of the department;
(3) close to an area that would facilitate release of
inmates [or persons confined in state jail felony facilities] to
their area of residence; and
(4) close to an area that provides adequate
educational opportunities and medical care.
SECTION 19. Section 497.010(d), Government Code, is amended
to read as follows:
(d) It is an exception to the application of this section
that the actor was an inmate [or state jail defendant] confined in a
facility operated by or under contract with the department who sold
or offered to sell an art or craft in the manner authorized under
Section 501.013(b).
SECTION 20. Section 497.094(b), Government Code, is amended
to read as follows:
(b) The department and the Texas Workforce Investment
Council by rule shall adopt a memorandum of understanding that
establishes the respective responsibility of those entities to
provide through local workforce development boards job training and
employment assistance to persons formerly sentenced to the
institutional division [or the state jail division] and information
on services available to employers or potential employers of those
persons. The department shall coordinate the development of the
memorandum of understanding.
SECTION 21. Section 501.015(f), Government Code, is amended
to read as follows:
(f) Subsection (a)(3) does not apply to an inmate [who on
discharge or release on parole, mandatory supervision, or
conditional pardon is transferred from the custody of the
institutional division to a state jail felony facility or] who is
subject to a felony detainer and is released to the custody of
another jurisdiction.
SECTION 22. Section 501.054(g), Government Code, is amended
to read as follows:
(g) The department shall maintain the confidentiality of
test results of an inmate indicating HIV infection at all times,
including after the inmate's discharge[, release from a state
jail,] or release on parole or mandatory supervision. The
department may not honor the request of an agency of the state or
any person who requests a test result as a condition of housing or
supervising the inmate while the inmate is on community supervision
or parole or mandatory supervision, unless honoring the request
would improve the ability of the inmate to obtain essential health
and social services.
SECTION 23. Section 501.091, Government Code, as added by
Chapter 643 (H.B. 1711), Acts of the 81st Legislature, Regular
Session, 2009, is reenacted and amended to read as follows:
Sec. 501.091. DEFINITIONS. In this subchapter:
(1) "Correctional facility" means a facility operated
by or under contract with the department.
(2) "Offender" means an inmate [or state jail
defendant] confined in a correctional facility.
SECTION 24. Section 501.171(2), Government Code, is amended
to read as follows:
(2) "Inmate" means an inmate [or state jail defendant]
confined in a facility operated by or under contract with the
department.
SECTION 25. Section 1232.114(b), Government Code, is
amended to read as follows:
(b) This section does not apply to a minor renovation,
repair, or construction project at a facility operated by the Texas
Department of Criminal Justice for the imprisonment of individuals
convicted of felonies [other than state jail felonies], as defined
by the department in cooperation with the commission. Instead of
submitting a project analysis, the department may substitute the
master plan required to be submitted by Section 1401.121 if the
master plan contains information substantially equivalent to the
information required to be in a project analysis under Sections
2166.151-2166.155.
SECTION 26. Section 2166.003(b), Government Code, is
amended to read as follows:
(b) Only Sections 2166.151, 2166.152, 2166.153, 2166.154,
2166.155, 2166.251, and 2166.252 and Subchapter H apply to a
construction project undertaken by or for the Texas Department of
Criminal Justice for the imprisonment of individuals convicted of
felonies [other than state jail felonies].
SECTION 27. Section 2303.402(c), Government Code, is
amended to read as follows:
(c) For the purposes of this section, an economically
disadvantaged individual is an individual who:
(1) was unemployed for at least three months before
obtaining employment with the qualified business;
(2) receives public assistance benefits, including
welfare payments or food stamps, based on need and intended to
alleviate poverty;
(3) is a low-income individual, as defined by Section
101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25));
(4) is an individual with a disability, as defined
by 29 U.S.C. Section 705(20)(A);
(5) is an inmate, as defined by Section 498.001;
(6) is entering the workplace after being confined in
a facility operated by or under contract with the Texas Department
of Criminal Justice for the imprisonment of individuals convicted
of felonies [other than state jail felonies];
(7) has been released by the Texas Juvenile Justice
Department and is on parole, if state law provides for such a person
to be on parole;
(8) meets the current low income or moderate income
limits developed under Section 8, United States Housing Act of 1937
(42 U.S.C. Section 1437f et seq.); or
(9) was under the permanent managing conservatorship
of the Department of Family and Protective Services on the day
preceding the individual's 18th birthday.
SECTION 28. Section 481.115(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class A misdemeanor
[state jail felony] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, less than one gram.
SECTION 29. Section 481.1151(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under this section is:
(1) a Class A misdemeanor [state jail felony] if the
number of abuse units of the controlled substance is fewer than 20;
(2) a felony of the third degree if the number of abuse
units of the controlled substance is 20 or more but fewer than 80;
(3) a felony of the second degree if the number of
abuse units of the controlled substance is 80 or more but fewer than
4,000;
(4) a felony of the first degree if the number of abuse
units of the controlled substance is 4,000 or more but fewer than
8,000; and
(5) punishable by imprisonment in the Texas Department
of Criminal Justice for life or for a term of not more than 99 years
or less than 15 years and a fine not to exceed $250,000, if the
number of abuse units of the controlled substance is 8,000 or more.
SECTION 30. Section 481.116(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class A misdemeanor
[state jail felony] if the amount of the controlled substance
possessed is, by aggregate weight, including adulterants or
dilutants, less than one gram.
SECTION 31. Section 481.1161(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under this section is:
(1) a Class B misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, four [two] ounces or less;
(2) [a Class A misdemeanor if the amount of the
controlled substance possessed is, by aggregate weight, including
adulterants or dilutants, four ounces or less but more than two
ounces;
[(3)] a Class A misdemeanor [state jail felony] if the
amount of the controlled substance possessed is, by aggregate
weight, including adulterants or dilutants, five pounds or less but
more than four ounces;
(3) [(4)] a felony of the third degree if the amount of
the controlled substance possessed is, by aggregate weight,
including adulterants or dilutants, 50 pounds or less but more than
5 pounds;
(4) [(5)] a felony of the second degree if the amount
of the controlled substance possessed is, by aggregate weight,
including adulterants or dilutants, 2,000 pounds or less but more
than 50 pounds; and
(5) [(6)] punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 5 years, and a fine not to exceed $50,000,
if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, more than
2,000 pounds.
SECTION 32. Section 481.121(b), Health and Safety Code, is
amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
possessed is four [two] ounces or less;
(2) [a Class A misdemeanor if the amount of marihuana
possessed is four ounces or less but more than two ounces;
[(3)] a Class A misdemeanor [state jail felony] if the
amount of marihuana possessed is five pounds or less but more than
four ounces;
(3) [(4)] a felony of the third degree if the amount of
marihuana possessed is 50 pounds or less but more than 5 pounds;
(4) [(5)] a felony of the second degree if the amount
of marihuana possessed is 2,000 pounds or less but more than 50
pounds; and
(5) [(6)] punishable by imprisonment in the Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 5 years, and a fine not to exceed $50,000,
if the amount of marihuana possessed is more than 2,000 pounds.
SECTION 33. Section 481.126(a), Health and Safety Code, is
amended to read as follows:
(a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of an offense under this chapter
punishable by imprisonment in the Texas Department of Criminal
Justice for life;
(2) barters property or expends funds the person knows
are derived from the commission of an offense under Section
481.121(a) that is punishable under Section 481.121(b)(4)
[481.121(b)(5)];
(3) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense for which the punishment is described by Subdivision
(1); or
(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense under Section 481.121(a) that is punishable under
Section 481.121(b)(4) [481.121(b)(5)].
SECTION 34. Section 481.129(g), Health and Safety Code, is
amended to read as follows:
(g) An offense under Subsection (c)(2) is:
(1) a Class A misdemeanor [state jail felony] if the
defendant possesses:
(A) a prescription form; or
(B) a prescription for a controlled substance
listed in Schedule II or III; and
(2) a Class B misdemeanor if the defendant possesses a
prescription for a controlled substance listed in Schedule IV or V.
SECTION 35. Section 481.134(c), Health and Safety Code, as
amended by Chapters 584 (S.B. 768) and 807 (H.B. 1540), Acts of the
87th Legislature, Regular Session, 2021, is reenacted and amended
to read as follows:
(c) The minimum term of confinement or imprisonment for an
offense otherwise punishable under Section 481.112(c), (d), (e), or
(f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f),
481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f),
481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e),
481.1161(b)(3), (4), or (5) [481.1161(b)(4), (5), or (6)],
481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4),
(5), or (6), or 481.121(b)(3), (4), or (5) [481.121(b)(4), (5), or
(6)] is increased by five years and the maximum fine for the offense
is doubled if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of the premises of a
school, the premises of a public or private youth center, or a
playground;
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
SECTION 36. Sections 481.134(d) and (e), Health and Safety
Code, are amended to read as follows:
(d) An offense otherwise punishable under Section
481.112(b), 481.1121(b)(1), 481.113(b), 481.114(b), or
[481.115(b), 481.1151(b)(1), 481.116(b), 481.1161(b)(3),]
481.120(b)(3)[, or 481.121(b)(3)] is a felony of the third degree
if it is shown on the trial of the offense that the offense was
committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground;
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
(e) An offense otherwise punishable under Section
481.115(b), 481.1151(b)(1), 481.116(b), 481.117(b), 481.119(a),
481.120(b)(2), or 481.121(b)(2) is a [state jail] felony of the
fourth degree if it is shown on the trial of the offense that the
offense was committed:
(1) in, on, or within 1,000 feet of any real property
that is owned, rented, or leased to a school or school board, the
premises of a public or private youth center, or a playground;
(2) on a school bus; or
(3) by any unauthorized person 18 years of age or
older, in, on, or within 1,000 feet of premises owned, rented, or
leased by a general residential operation operating as a
residential treatment center.
SECTION 37. Section 614.0032(a), Health and Safety Code, is
amended to read as follows:
(a) The office shall[:
[(1)] perform duties imposed on the office by Section
508.146, Government Code[; and
[(2) periodically identify state jail felony
defendants suitable for release under Article 42A.561, Code of
Criminal Procedure, and perform other duties imposed on the office
by that article].
SECTION 38. Section 306.007(b), Labor Code, is amended to
read as follows:
(b) The commission shall adopt a memorandum of
understanding with each of the following agencies that establishes
the respective responsibilities of the commission and the agencies
in providing information described by Subsection (a) to persons
formerly sentenced to the institutional division [or the state jail
division] of the Texas Department of Criminal Justice, to employers
or potential employers of those persons, and to local workforce
development boards:
(1) the Department of State Health Services;
(2) the Texas Department of Housing and Community
Affairs;
(3) the Texas Veterans Commission; and
(4) the Health and Human Services Commission.
SECTION 39. Section 244.006, Local Government Code, is
amended to read as follows:
Sec. 244.006. EXEMPTIONS. This subchapter does not apply
to the operation of a correctional or rehabilitation facility at a
location subject to this subchapter if:
(1) on September 1, 1997, the correctional or
rehabilitation facility was in operation, under construction,
under contract for operation or construction, or planned for
construction at the location on land owned or leased by an agency or
political subdivision of the state and designated for use as a
correctional or rehabilitation facility;
(2) the correctional or rehabilitation facility was in
operation or under construction before the establishment of a
residential area the location of which makes the facility subject
to this subchapter;
(3) the correctional or rehabilitation facility is a
temporary correctional or rehabilitation facility that will be
operated at the location for less than one year;
(4) the correctional or rehabilitation facility is
required to obtain a special use permit or a conditional use permit
from the municipality in which the facility is located before
beginning operation;
(5) the correctional or rehabilitation facility is an
expansion of a facility operated by the correctional institutions
division of the Texas Department of Criminal Justice for the
imprisonment of individuals convicted of felonies [other than state
jail felonies] or by the Texas Juvenile Justice Department;
(6) the correctional or rehabilitation facility is a
county jail or a pre-adjudication or post-adjudication juvenile
detention facility operated by a county or county juvenile board;
(7) the facility is:
(A) a juvenile probation office located at, and
operated in conjunction with, a juvenile justice alternative
education center; and
(B) used exclusively by students attending the
juvenile justice alternative education center;
(8) the facility is a public or private institution of
higher education or vocational training to which admission is open
to the general public;
(9) the facility is operated primarily as a treatment
facility for juveniles under contract with the Health and Human
Services Commission, [Department of Aging and Disability Services
or] the Department of State Health Services, a local intellectual
and developmental disability authority, or a local mental health
[or mental retardation] authority;
(10) the facility is operated as a juvenile justice
alternative education program;
(11) the facility:
(A) is not operated primarily as a correctional
or rehabilitation facility; and
(B) only houses persons or children described by
Section 244.001(1)(B) for a purpose related to treatment or
education; or
(12) the facility is a probation or parole office
located in a commercial use area.
SECTION 40. Section 331.010(b), Local Government Code, is
amended to read as follows:
(b) The governor and the Texas Board of Criminal Justice may
permit the use of state inmates [and defendants confined in state
jail felony facilities] for the improvement and maintenance of
parks acquired under this chapter under agreements made by the
Parks and Wildlife Department and the municipality or county.
SECTION 41. Section 12.4061, Parks and Wildlife Code, is
amended to read as follows:
Sec. 12.4061. PARKS AND WILDLIFE CODE FOURTH DEGREE [STATE
JAIL] FELONY. (a) An individual adjudged guilty of a Parks and
Wildlife Code [state jail] felony of the fourth degree shall be
punished by imprisonment in the Texas Department of Criminal
Justice [confinement in a state jail] for a term of not more than
two years or less than 180 days.
(b) In addition to imprisonment [confinement], an
individual adjudged guilty of a Parks and Wildlife Code [state
jail] felony of the fourth degree may be punished by a fine of not
less than $1,500 and not more than $10,000.
(c) For purposes of this code, "Parks and Wildlife Code
state jail felony" means a Parks and Wildlife Code felony of the
fourth degree.
SECTION 42. Section 76.118(e-1), Parks and Wildlife Code,
is amended to read as follows:
(e-1) If it is shown at the trial of a defendant for a
violation of Section 76.116 that the defendant has been convicted
once within five years before the trial date of a violation of
Section 76.116, the defendant is guilty of a Class A Parks and
Wildlife Code misdemeanor [state jail felony].
SECTION 43. Section 12.04, Penal Code, is amended to read as
follows:
Sec. 12.04. CLASSIFICATION OF FELONIES. (a) Felonies are
classified according to the relative seriousness of the offense
into five categories:
(1) capital felonies;
(2) felonies of the first degree;
(3) felonies of the second degree;
(4) felonies of the third degree; and
(5) [state jail] felonies of the fourth degree.
(b) An offense designated a felony in this code without
specification as to category is a [state jail] felony of the fourth
degree.
(c) For purposes of this code and any other laws of this
state, "state jail felony" means a felony of the fourth degree.
(d) For purposes of enhancing a penalty under this code or
any other laws of this state:
(1) a person is considered to have been previously
convicted of a felony of the fourth degree if the person has a final
conviction for a state jail felony; and
(2) a person is considered to have previously received
a dismissal and discharge under Article 42A.111, Code of Criminal
Procedure, for a felony of the fourth degree if the person received
a dismissal and discharge under that article for a state jail
felony.
SECTION 44. Section 12.35, Penal Code, is amended to read as
follows:
Sec. 12.35. FOURTH DEGREE [STATE JAIL] FELONY PUNISHMENT.
(a) Except as provided by Subsection (c), an individual adjudged
guilty of a [state jail] felony of the fourth degree shall be
punished by imprisonment in the Texas Department of Criminal
Justice [confinement in a state jail] for any term of not more than
two years or less than 180 days.
(b) In addition to imprisonment [confinement], an
individual adjudged guilty of a [state jail] felony of the fourth
degree may be punished by a fine not to exceed $10,000.
(c) An individual adjudged guilty of a [state jail] felony
of the fourth degree shall be punished for a third degree felony if
it is shown on the trial of the offense that:
(1) a deadly weapon as defined by Section 1.07 was used
or exhibited during the commission of the offense or during
immediate flight following the commission of the offense, and that
the individual used or exhibited the deadly weapon or was a party to
the offense and knew that a deadly weapon would be used or
exhibited; or
(2) the individual has previously been finally
convicted of any felony:
(A) under Section 20A.03 or 21.02 or listed in
Article 42A.054(a), Code of Criminal Procedure; or
(B) for which the judgment contains an
affirmative finding under Article 42A.054(c) or (d), Code of
Criminal Procedure.
SECTION 45. Sections 12.42(a), (b), and (d), Penal Code,
are amended to read as follows:
(a) Except as provided by Subsection (c)(2), if it is shown
on the trial of a felony of the third degree that the defendant has
previously been finally convicted of a felony other than a [state
jail] felony of the fourth degree punishable under Section
12.35(a), on conviction the defendant shall be punished for a
felony of the second degree.
(b) Except as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a felony of the second degree that the
defendant has previously been finally convicted of a felony other
than a [state jail] felony of the fourth degree punishable under
Section 12.35(a), on conviction the defendant shall be punished for
a felony of the first degree.
(d) Except as provided by Subsection (c)(2) or (c)(4), if it
is shown on the trial of a felony offense other than a [state jail]
felony of the fourth degree punishable under Section 12.35(a) that
the defendant has previously been finally convicted of two felony
offenses, and the second previous felony conviction is for an
offense that occurred subsequent to the first previous conviction
having become final, on conviction the defendant shall be punished
by imprisonment in the Texas Department of Criminal Justice for
life, or for any term of not more than 99 years or less than 25
years. A previous conviction for a [state jail] felony of the fourth
degree punishable under Section 12.35(a) may not be used for
enhancement purposes under this subsection.
SECTION 46. Sections 12.42(c)(1) and (5), Penal Code, are
amended to read as follows:
(1) If it is shown on the trial of a felony of the first
degree that the defendant has previously been finally convicted of
a felony other than a [state jail] felony of the fourth degree
punishable under Section 12.35(a), on conviction the defendant
shall be punished by imprisonment in the Texas Department of
Criminal Justice for life, or for any term of not more than 99 years
or less than 15 years. In addition to imprisonment, an individual
may be punished by a fine not to exceed $10,000.
(5) A previous conviction for a [state jail] felony of
the fourth degree punishable under Section 12.35(a) may not be used
for enhancement purposes under Subdivision (2).
SECTION 47. Section 12.425, Penal Code, is amended to read
as follows:
Sec. 12.425. PENALTIES FOR REPEAT AND HABITUAL FELONY
OFFENDERS ON TRIAL FOR FOURTH DEGREE [STATE JAIL] FELONY. (a) If
it is shown on the trial of a [state jail] felony of the fourth
degree punishable under Section 12.35(a) that the defendant has
previously been finally convicted of two [state jail] felonies of
the fourth degree punishable under Section 12.35(a), on conviction
the defendant shall be punished for a felony of the third degree.
(b) If it is shown on the trial of a [state jail] felony of
the fourth degree punishable under Section 12.35(a) that the
defendant has previously been finally convicted of two felonies
other than a [state jail] felony of the fourth degree punishable
under Section 12.35(a), and the second previous felony conviction
is for an offense that occurred subsequent to the first previous
conviction having become final, on conviction the defendant shall
be punished for a felony of the second degree.
(c) If it is shown on the trial of a [state jail] felony of
the fourth degree for which punishment may be enhanced under
Section 12.35(c) that the defendant has previously been finally
convicted of a felony other than a [state jail] felony of the fourth
degree punishable under Section 12.35(a), on conviction the
defendant shall be punished for a felony of the second degree.
SECTION 48. Section 12.44, Penal Code, is amended to read as
follows:
Sec. 12.44. REDUCTION OF FOURTH DEGREE [STATE JAIL] FELONY
PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A court may punish a
defendant who is convicted of a [state jail] felony of the fourth
degree by imposing the confinement permissible as punishment for a
Class A misdemeanor if, after considering the gravity and
circumstances of the felony committed and the history, character,
and rehabilitative needs of the defendant, the court finds that
such punishment would best serve the ends of justice.
(b) At the request of the prosecuting attorney, the court
may authorize the prosecuting attorney to prosecute a [state jail]
felony of the fourth degree as a Class A misdemeanor.
SECTION 49. Section 22.11(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is a Class A misdemeanor
[felony of the third degree].
SECTION 50. Section 31.03(e), Penal Code, is amended to
read as follows:
(e) Except as provided by Subsection (f), an offense under
this section is:
(1) a Class C misdemeanor if the value of the property
stolen is less than $100;
(2) a Class B misdemeanor if:
(A) the value of the property stolen is $100 or
more but less than $750;
(B) the value of the property stolen is less than
$100 and the defendant has previously been convicted of any grade of
theft; or
(C) the property stolen is a driver's license,
commercial driver's license, or personal identification
certificate issued by this state or another state;
(3) a Class A misdemeanor if:
(A) the value of the property stolen is $750 or
more but less than $2,500; or
(B) the value of the property stolen is less than
$750 and the defendant has been previously convicted two or more
times of any grade of theft;
(4) a [state jail] felony of the fourth degree if:
(A) the value of the property stolen is $2,500 or
more but less than $30,000, or the property is less than 10 head of
sheep, swine, or goats or any part thereof under the value of
$30,000;
(B) regardless of value, the property is stolen
from the person of another or from a human corpse or grave,
including property that is a military grave marker;
(C) the property stolen is a firearm, as defined
by Section 46.01;
(D) [the value of the property stolen is less
than $2,500 and the defendant has been previously convicted two or
more times of any grade of theft;
[(E)] the property stolen is an official ballot
or official carrier envelope for an election; or
(E) [(F)] the value of the property stolen is
less than $20,000 and the property stolen is:
(i) aluminum;
(ii) bronze;
(iii) copper; or
(iv) brass;
(5) a felony of the third degree if the value of the
property stolen is $30,000 or more but less than $150,000, or the
property is:
(A) cattle, horses, or exotic livestock or exotic
fowl as defined by Section 142.001, Agriculture Code, stolen during
a single transaction and having an aggregate value of less than
$150,000;
(B) 10 or more head of sheep, swine, or goats
stolen during a single transaction and having an aggregate value of
less than $150,000; or
(C) a controlled substance, having a value of
less than $150,000, if stolen from:
(i) a commercial building in which a
controlled substance is generally stored, including a pharmacy,
clinic, hospital, nursing facility, or warehouse; or
(ii) a vehicle owned or operated by a
wholesale distributor of prescription drugs;
(6) a felony of the second degree if:
(A) the value of the property stolen is $150,000
or more but less than $300,000; or
(B) the value of the property stolen is less than
$300,000 and the property stolen is an automated teller machine or
the contents or components of an automated teller machine; or
(7) a felony of the first degree if the value of the
property stolen is $300,000 or more.
SECTION 51. Sections 31.16(c) and (d), Penal Code, are
amended to read as follows:
(c) An offense under this section is:
(1) a Class C misdemeanor if the total value of the
merchandise involved in the activity is less than $100;
(2) a Class B misdemeanor if the total value of the
merchandise involved in the activity is $100 or more but less than
$750;
(3) a Class A misdemeanor if the total value of the
merchandise involved in the activity is $750 or more but less than
[$2,500;
[(4) a state jail felony if the total value of the
merchandise involved in the activity is $2,500 or more but less
than] $30,000;
(4) [(5)] a felony of the third degree if the total
value of the merchandise involved in the activity is $30,000 or more
but less than $150,000;
(5) [(6)] a felony of the second degree if the total
value of the merchandise involved in the activity is $150,000 or
more but less than $300,000; or
(6) [(7)] a felony of the first degree if the total
value of the merchandise involved in the activity is $300,000 or
more.
(d) An offense described for purposes of punishment by
Subsections (c)(1)-(5) [(c)(1)-(6)] is increased to the next higher
category of offense if it is shown on the trial of the offense that:
(1) the person organized, supervised, financed, or
managed one or more other persons engaged in an activity described
by Subsection (b); or
(2) during the commission of the offense, a person
engaged in an activity described by Subsection (b) intentionally,
knowingly, or recklessly:
(A) caused a fire exit alarm to sound or
otherwise become activated;
(B) deactivated or otherwise prevented a fire
exit alarm or retail theft detector from sounding; or
(C) used a shielding or deactivation instrument
to prevent or attempt to prevent detection of the offense by a
retail theft detector.
SECTION 52. Section 32.32(c), Penal Code, is amended to
read as follows:
(c) An offense under this section is:
(1) a Class C misdemeanor if the value of the property
or the amount of credit is less than $100;
(2) a Class B misdemeanor if the value of the property
or the amount of credit is $100 or more but less than $750;
(3) a Class A misdemeanor if the value of the property
or the amount of credit is $750 or more but less than [$2,500;
[(4) a state jail felony if the value of the property
or the amount of credit is $2,500 or more but less than] $30,000;
(4) [(5)] a felony of the third degree if the value of
the property or the amount of credit is $30,000 or more but less
than $150,000;
(5) [(6)] a felony of the second degree if the value of
the property or the amount of credit is $150,000 or more but less
than $300,000; or
(6) [(7)] a felony of the first degree if the value of
the property or the amount of credit is $300,000 or more.
SECTION 53. Section 43.02(c), Penal Code, is amended to
read as follows:
(c) An offense under Subsection (a) is a Class B
misdemeanor, except that the offense is[:
[(1)] a Class A misdemeanor if the actor has previously
been convicted [one or two times] of an offense under Subsection
(a)[; or
[(2) a state jail felony if the actor has previously
been convicted three or more times of an offense under Subsection
(a)].
SECTION 54. Section 43.23(b), Penal Code, is amended to
read as follows:
(b) Except as provided by Subsection (h), an offense under
Subsection (a) is a Class A misdemeanor [state jail felony].
SECTION 55. The following provisions are repealed:
(1) Article 42.0199, Code of Criminal Procedure;
(2) Articles 42A.104(b) and 42A.515(b), Code of
Criminal Procedure;
(3) Subchapter L, Chapter 42A, Code of Criminal
Procedure;
(4) Sections 72.036, 493.0051, 497.097, 509.015,
509.017, and 511.017, Government Code;
(5) Section 491.001(a)(8), Government Code;
(6) Sections 509.006(d) and (e), Government Code; and
(7) Chapter 507, Government Code.
SECTION 56. The changes in law made by this Act apply only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 57. This Act takes effect September 1, 2023.