Texas 2025 - 89th Regular

Texas House Bill HB2274 Compare Versions

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

Old	New	Differences
1	1	89R5855 CJD-D
2	2	By: Schatzline H.B. No. 2274
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of a commission to review and make
10	10	recommendations regarding certain penal laws of this state and to
11	11	certain criminal offenses previously compiled in statutes outside
12	12	the Penal Code; increasing criminal penalties; imposing a civil
13	13	penalty.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	ARTICLE 1. PURPOSE
16	16	SECTION 1.01. PURPOSE. The purpose of this Act is to
17	17	implement the recommendations of the commission created by Section
18	18	29, Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
19	19	Session, 2015, and other successor commissions and to authorize
20	20	additional review of the penal laws described by Section 2.01(a) of
21	21	this Act.
22	22	ARTICLE 2. COMMISSION TO STUDY CERTAIN PENAL LAWS
23	23	SECTION 2.01. COMMISSION TO STUDY CERTAIN PENAL LAWS.
24	24	(a) A commission is created to study and review all penal laws of
25	25	this state other than criminal offenses:
26	26	(1) under the Penal Code;
27	27	(2) under Chapter 481, Health and Safety Code; or
28	28	(3) related to the operation of a motor vehicle.
29	29	(b) The commission shall:
30	30	(1) evaluate all laws described by Subsection (a) of
31	31	this section;
32	32	(2) make recommendations to the legislature regarding
33	33	the repeal or amendment of laws that are identified as being
34	34	unnecessary, unclear, duplicative, overly broad, or otherwise
35	35	insufficient to serve the intended purpose of the law, including
36	36	any laws requiring additional review, as identified by the
37	37	commission created by Section 29, Chapter 1251 (H.B. 1396), Acts of
38	38	the 84th Legislature, Regular Session, 2015, and other successor
39	39	commissions; and
40	40	(3) evaluate the current applicability of any
41	41	recommendations that were previously made by the commissions
42	42	described by Subdivision (2) of this subsection and that have not
43	43	yet been implemented.
44	44	(c) The commission is composed of nine members appointed as
45	45	follows:
46	46	(1) two members appointed by the governor;
47	47	(2) two members appointed by the lieutenant governor;
48	48	(3) two members appointed by the speaker of the house
49	49	of representatives;
50	50	(4) two members appointed by the chief justice of the
51	51	Supreme Court of Texas; and
52	52	(5) one member appointed by the presiding judge of the
53	53	Texas Court of Criminal Appeals.
54	54	(d) The officials making appointments to the commission
55	55	under Subsection (c) of this section shall ensure that the
56	56	membership of the commission includes representatives of all areas
57	57	of the criminal justice system, including prosecutors, defense
58	58	attorneys, judges, legal scholars, and relevant business
59	59	interests.
60	60	(e) The governor shall designate one member of the
61	61	commission to serve as the presiding officer of the commission.
62	62	(f) A member of the commission is not entitled to
63	63	compensation or reimbursement of expenses.
64	64	(g) The commission shall meet at the call of the presiding
65	65	officer.
66	66	(h) Not later than November 1, 2026, the commission shall
67	67	report the commission's findings and recommendations to the
68	68	governor, the lieutenant governor, the speaker of the house of
69	69	representatives, the Supreme Court of Texas, the Texas Court of
70	70	Criminal Appeals, and the standing committees of the house of
71	71	representatives and the senate with primary jurisdiction over
72	72	criminal justice matters. The commission shall include in its
73	73	recommendations any specific statutes that the commission
74	74	recommends repealing or amending.
75	75	SECTION 2.02. APPOINTMENT OF MEMBERS. Not later than
76	76	November 1, 2025, the governor, the lieutenant governor, the
77	77	speaker of the house of representatives, the chief justice of the
78	78	Supreme Court of Texas, and the presiding judge of the Texas Court
79	79	of Criminal Appeals shall appoint the members of the commission
80	80	created under this article.
81	81	SECTION 2.03. ABOLITION OF COMMISSION. The commission is
82	82	abolished and this article expires December 31, 2026.
83	83	ARTICLE 3. MISCELLANEOUS AMENDMENTS RELATING TO CRIMINAL OFFENSES
84	84	SECTION 3.01. Section 17.46(b), Business & Commerce Code,
85	85	is amended to read as follows:
86	86	(b) Except as provided in Subsection (d) of this section,
87	87	the term "false, misleading, or deceptive acts or practices"
88	88	includes, but is not limited to, the following acts:
89	89	(1) passing off goods or services as those of another;
90	90	(2) causing confusion or misunderstanding as to the
91	91	source, sponsorship, approval, or certification of goods or
92	92	services;
93	93	(3) causing confusion or misunderstanding as to
94	94	affiliation, connection, or association with, or certification by,
95	95	another;
96	96	(4) using deceptive representations or designations
97	97	of geographic origin in connection with goods or services;
98	98	(5) representing that goods or services have
99	99	sponsorship, approval, characteristics, ingredients, uses,
100	100	benefits, or quantities which they do not have or that a person has
101	101	a sponsorship, approval, status, affiliation, or connection which
102	102	the person does not;
103	103	(6) representing that goods are original or new if
104	104	they are deteriorated, reconditioned, reclaimed, used, or
105	105	secondhand;
106	106	(7) representing that goods or services are of a
107	107	particular standard, quality, or grade, or that goods are of a
108	108	particular style or model, if they are of another;
109	109	(8) disparaging the goods, services, or business of
110	110	another by false or misleading representation of facts;
111	111	(9) advertising goods or services with intent not to
112	112	sell them as advertised;
113	113	(10) advertising goods or services with intent not to
114	114	supply a reasonable expectable public demand, unless the
115	115	advertisements disclosed a limitation of quantity;
116	116	(11) making false or misleading statements of fact
117	117	concerning the reasons for, existence of, or amount of price
118	118	reductions;
119	119	(12) representing that an agreement confers or
120	120	involves rights, remedies, or obligations which it does not have or
121	121	involve, or which are prohibited by law;
122	122	(13) knowingly making false or misleading statements
123	123	of fact concerning the need for parts, replacement, or repair
124	124	service;
125	125	(14) misrepresenting the authority of a salesman,
126	126	representative, or agent to negotiate the final terms of a consumer
127	127	transaction;
128	128	(15) basing a charge for the repair of any item in
129	129	whole or in part on a guaranty or warranty instead of on the value of
130	130	the actual repairs made or work to be performed on the item without
131	131	stating separately the charges for the work and the charge for the
132	132	warranty or guaranty, if any;
133	133	(16) disconnecting, turning back, or resetting the
134	134	odometer of any motor vehicle so as to reduce the number of miles
135	135	indicated on the odometer gauge;
136	136	(17) advertising of any sale by fraudulently
137	137	representing that a person is going out of business;
138	138	(18) advertising, selling, or distributing a card
139	139	which purports to be a prescription drug identification card issued
140	140	under Section 4151.152, Insurance Code, in accordance with rules
141	141	adopted by the commissioner of insurance, which offers a discount
142	142	on the purchase of health care goods or services from a third party
143	143	provider, and which is not evidence of insurance coverage, unless:
144	144	(A) the discount is authorized under an agreement
145	145	between the seller of the card and the provider of those goods and
146	146	services or the discount or card is offered to members of the
147	147	seller;
148	148	(B) the seller does not represent that the card
149	149	provides insurance coverage of any kind; and
150	150	(C) the discount is not false, misleading, or
151	151	deceptive;
152	152	(19) using or employing a chain referral sales plan in
153	153	connection with the sale or offer to sell of goods, merchandise, or
154	154	anything of value, which uses the sales technique, plan,
155	155	arrangement, or agreement in which the buyer or prospective buyer
156	156	is offered the opportunity to purchase merchandise or goods and in
157	157	connection with the purchase receives the seller's promise or
158	158	representation that the buyer shall have the right to receive
159	159	compensation or consideration in any form for furnishing to the
160	160	seller the names of other prospective buyers if receipt of the
161	161	compensation or consideration is contingent upon the occurrence of
162	162	an event subsequent to the time the buyer purchases the merchandise
163	163	or goods;
164	164	(20) representing that a guaranty or warranty confers
165	165	or involves rights or remedies which it does not have or involve,
166	166	provided, however, that nothing in this subchapter shall be
167	167	construed to expand the implied warranty of merchantability as
168	168	defined in Sections 2.314 through 2.318 and Sections 2A.212 through
169	169	2A.216 to involve obligations in excess of those which are
170	170	appropriate to the goods;
171	171	(21) promoting a pyramid promotional scheme, as
172	172	defined by Section 32.56, Penal Code [17.461];
173	173	(22) representing that work or services have been
174	174	performed on, or parts replaced in, goods when the work or services
175	175	were not performed or the parts replaced;
176	176	(23) filing suit founded upon a written contractual
177	177	obligation of and signed by the defendant to pay money arising out
178	178	of or based on a consumer transaction for goods, services, loans, or
179	179	extensions of credit intended primarily for personal, family,
180	180	household, or agricultural use in any county other than in the
181	181	county in which the defendant resides at the time of the
182	182	commencement of the action or in the county in which the defendant
183	183	in fact signed the contract; provided, however, that a violation of
184	184	this subsection shall not occur where it is shown by the person
185	185	filing the [such] suit that the person neither knew or had reason to
186	186	know that the county in which such suit was filed was not [neither]
187	187	the county in which the defendant resides at the commencement of the
188	188	suit or [nor] the county in which the defendant in fact signed the
189	189	contract;
190	190	(24) failing to disclose information concerning goods
191	191	or services which was known at the time of the transaction if the
192	192	[such] failure to disclose [such] information was intended to
193	193	induce the consumer into a transaction into which the consumer
194	194	would not have entered had the information been disclosed;
195	195	(25) using the term "corporation," "incorporated," or
196	196	an abbreviation of either of those terms in the name of a business
197	197	entity that is not incorporated under the laws of this state or
198	198	another jurisdiction;
199	199	(26) selling, offering to sell, or illegally promoting
200	200	an annuity contract under Chapter 22, Acts of the 57th Legislature,
201	201	3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
202	202	Statutes), with the intent that the annuity contract will be the
203	203	subject of a salary reduction agreement, as defined by that Act, if
204	204	the annuity contract is not an eligible qualified investment under
205	205	that Act;
206	206	(27) subject to Section 17.4625, taking advantage of a
207	207	disaster declared by the governor under Chapter 418, Government
208	208	Code, or by the president of the United States by:
209	209	(A) selling or leasing fuel, food, medicine,
210	210	lodging, building materials, construction tools, or another
211	211	necessity at an exorbitant or excessive price; or
212	212	(B) demanding an exorbitant or excessive price in
213	213	connection with the sale or lease of fuel, food, medicine, lodging,
214	214	building materials, construction tools, or another necessity;
215	215	(28) using the translation into a foreign language of
216	216	a title or other word, including "attorney," "immigration
217	217	consultant," "immigration expert," "lawyer," "licensed," "notary,"
218	218	and "notary public," in any written or electronic material,
219	219	including an advertisement, a business card, a letterhead,
220	220	stationery, a website, or an online video, in reference to a person
221	221	who is not an attorney in order to imply that the person is
222	222	authorized to practice law in the United States;
223	223	(29) delivering or distributing a solicitation in
224	224	connection with a good or service that:
225	225	(A) represents that the solicitation is sent on
226	226	behalf of a governmental entity when it is not; or
227	227	(B) resembles a governmental notice or form that
228	228	represents or implies that a criminal penalty may be imposed if the
229	229	recipient does not remit payment for the good or service;
230	230	(30) delivering or distributing a solicitation in
231	231	connection with a good or service that resembles a check or other
232	232	negotiable instrument or invoice, unless the portion of the
233	233	solicitation that resembles a check or other negotiable instrument
234	234	or invoice includes the following notice, clearly and conspicuously
235	235	printed in at least 18-point type:
236	236	"SPECIMEN-NON-NEGOTIABLE";
237	237	(31) in the production, sale, distribution, or
238	238	promotion of a synthetic substance that produces and is intended to
239	239	produce an effect when consumed or ingested similar to, or in excess
240	240	of, the effect of a controlled substance or controlled substance
241	241	analogue, as those terms are defined by Section 481.002, Health and
242	242	Safety Code:
243	243	(A) making a deceptive representation or
244	244	designation about the synthetic substance; or
245	245	(B) causing confusion or misunderstanding as to
246	246	the effects the synthetic substance causes when consumed or
247	247	ingested;
248	248	(32) a licensed public insurance adjuster directly or
249	249	indirectly soliciting employment, as defined by Section 38.01,
250	250	Penal Code, for an attorney, or a licensed public insurance
251	251	adjuster entering into a contract with an insured for the primary
252	252	purpose of referring the insured to an attorney without the intent
253	253	to actually perform the services customarily provided by a licensed
254	254	public insurance adjuster, provided that this subdivision may not
255	255	be construed to prohibit a licensed public insurance adjuster from
256	256	recommending a particular attorney to an insured;
257	257	(33) owning, operating, maintaining, or advertising a
258	258	massage establishment, as defined by Section 455.001, Occupations
259	259	Code, that:
260	260	(A) is not appropriately licensed under Chapter
261	261	455, Occupations Code, or is not in compliance with the applicable
262	262	licensing and other requirements of that chapter; or
263	263	(B) is not in compliance with an applicable local
264	264	ordinance relating to the licensing or regulation of massage
265	265	establishments; or
266	266	(34) a warrantor of a vehicle protection product
267	267	warranty using, in connection with the product, a name that
268	268	includes "casualty," "surety," "insurance," "mutual," or any other
269	269	word descriptive of an insurance business, including property or
270	270	casualty insurance, or a surety business.
271	271	SECTION 3.02. Section 17.461, Business & Commerce Code, is
272	272	transferred to Subchapter D, Chapter 32, Penal Code, and
273	273	redesignated as Section 32.56, Penal Code, to read as follows:
274	274	Sec. 32.56 [17.461]. PYRAMID PROMOTIONAL SCHEME. (a) In
275	275	this section:
276	276	(1) "Compensation" means payment of money, a financial
277	277	benefit, or another thing of value. The term does not include
278	278	payment based on sale of a product to a person, including a
279	279	participant, who purchases the product for actual use or
280	280	consumption.
281	281	(2) "Consideration" means the payment of cash or the
282	282	purchase of a product. The term does not include:
283	283	(A) a purchase of a product furnished at cost to
284	284	be used in making a sale and not for resale;
285	285	(B) a purchase of a product subject to a
286	286	repurchase agreement that complies with Subsection (b); or
287	287	(C) time and effort spent in pursuit of a sale or
288	288	in a recruiting activity.
289	289	(3) "Participate" means to contribute money into a
290	290	pyramid promotional scheme without promoting, organizing, or
291	291	operating the scheme.
292	292	(4) "Product" means a good, a service, or intangible
293	293	property of any kind.
294	294	(5) "Promoting a pyramid promotional scheme" means:
295	295	(A) inducing or attempting to induce one or more
296	296	other persons to participate in a pyramid promotional scheme; or
297	297	(B) assisting another person in inducing or
298	298	attempting to induce one or more other persons to participate in a
299	299	pyramid promotional scheme, including by providing references.
300	300	(6) "Pyramid promotional scheme" means a plan or
301	301	operation by which a person gives consideration for the opportunity
302	302	to receive compensation that is derived primarily from a person's
303	303	introduction of other persons to participate in the plan or
304	304	operation rather than from the sale of a product by a person
305	305	introduced into the plan or operation.
306	306	(b) To qualify as a repurchase agreement for the purposes of
307	307	Subsection (a)(2)(B), an agreement must be an enforceable agreement
308	308	by the seller to repurchase, on written request of the purchaser and
309	309	not later than the first anniversary of the purchaser's date of
310	310	purchase, all unencumbered products that are in an unused,
311	311	commercially resalable condition at a price not less than 90
312	312	percent of the amount actually paid by the purchaser for the
313	313	products being returned, less any consideration received by the
314	314	purchaser for purchase of the products being returned. A product
315	315	that is no longer marketed by the seller is considered resalable if
316	316	the product is otherwise in an unused, commercially resalable
317	317	condition and is returned to the seller not later than the first
318	318	anniversary of the purchaser's date of purchase, except that the
319	319	product is not considered resalable if before the purchaser
320	320	purchased the product it was clearly disclosed to the purchaser
321	321	that the product was sold as a nonreturnable, discontinued,
322	322	seasonal, or special promotion item.
323	323	(c) A person commits an offense if the person contrives,
324	324	prepares, establishes, operates, advertises, sells, or promotes a
325	325	pyramid promotional scheme. An offense under this subsection is a
326	326	state jail felony.
327	327	(d) It is not a defense to prosecution for an offense under
328	328	this section that the pyramid promotional scheme involved both a
329	329	franchise to sell a product and the authority to sell additional
330	330	franchises if the emphasis of the scheme is on the sale of
331	331	additional franchises.
332	332	SECTION 3.03. Sections 557.001 and 557.011, Government
333	333	Code, are transferred to Chapter 40, Penal Code, as added by this
334	334	Act, redesignated as Sections 40.01 and 40.02, Penal Code,
335	335	respectively, and amended to read as follows:
336	336	Sec. 40.01 [557.001]. SEDITION. (a) A person commits an
337	337	offense if the person knowingly:
338	338	(1) commits, attempts to commit, or conspires with one
339	339	or more persons to commit an act intended to overthrow,
340	340	destabilize, destroy, or alter the constitutional form of
341	341	government of this state or of any political subdivision of this
342	342	state by force, violence, or a threat of force or violence;
343	343	(2) under circumstances that constitute a clear and
344	344	present danger to the security of this state or a political
345	345	subdivision of this state, advocates, advises, or teaches or
346	346	conspires with one or more persons to advocate, advise, or teach a
347	347	person to commit or attempt to commit an act described in
348	348	Subdivision (1); or
349	349	(3) participates, with knowledge of the nature of the
350	350	organization, in the management of an organization that engages in
351	351	or attempts to engage in an act intended to overthrow, destabilize,
352	352	destroy, or alter the constitutional form of government of this
353	353	state or of any political subdivision of this state by force or
354	354	violence.
355	355	(b) An offense under this section is a felony of the second
356	356	degree [punishable by:
357	357	[(1) a fine not to exceed $20,000;
358	358	[(2) confinement in the Texas Department of Criminal
359	359	Justice for a term of not less than one year or more than 20 years;
360	360	or
361	361	[(3) both fine and imprisonment].
362	362	(c) [(b-1)] Notwithstanding Section 15.02(d), [Penal
363	363	Code,] a conspiracy to commit an offense under this section is
364	364	punishable in the same manner as an offense under this section.
365	365	(d) [(c)] A person convicted of an offense under this
366	366	section may not receive community supervision under Chapter 42A,
367	367	Code of Criminal Procedure.
368	368	Sec. 40.02 [557.011]. SABOTAGE. (a) A person commits an
369	369	offense if the person, with the intent to injure the United States,
370	370	this state, or any facility or property used for national defense
371	371	sabotages or attempts to sabotage any property or facility used or
372	372	to be used for national defense.
373	373	(b) An offense under this section is a felony of the second
374	374	degree [punishable by confinement in the Texas Department of
375	375	Criminal Justice for a term of not less than two years or more than
376	376	20 years].
377	377	(c) If conduct constituting an offense under this section
378	378	also constitutes an offense under another provision of law, the
379	379	actor may be prosecuted under both sections.
380	380	(d) In this section, "sabotage" means to wilfully and
381	381	maliciously damage or destroy property.
382	382	SECTION 3.04. Section 557.002, Government Code, is amended
383	383	to read as follows:
384	384	Sec. 557.002. DISQUALIFICATION. A person who is finally
385	385	convicted of an offense under Section 40.01, Penal Code, [557.001]
386	386	may not hold office or a position of profit, trust, or employment
387	387	with the state or any political subdivision of the state.
388	388	SECTION 3.05. Section 3101.010(b), Government Code, is
389	389	amended to read as follows:
390	390	(b) An offense under this section is a misdemeanor [and on
391	391	conviction is] punishable by[:
392	392	[(1)] a fine of not less than $5 or more than $300[;
393	393	[(2) confinement in the county jail for a term not to
394	394	exceed three months; or
395	395	[(3) both a fine and confinement].
396	396	SECTION 3.06. Section 615.002(e), Local Government Code, is
397	397	amended to read as follows:
398	398	(e) A person commits an offense if the person violates a
399	399	parking rule adopted under this section. An offense under this
400	400	subsection is a Class C misdemeanor [punishable by a fine of not
401	401	less than $1 nor more than $20].
402	402	SECTION 3.07. Section 11.074(b), Natural Resources Code, is
403	403	amended to read as follows:
404	404	(b) An [Any] owner of stock or a [his] manager, agent,
405	405	employee, or servant of the owner who fences, uses, occupies, or
406	406	appropriates by herding or line-riding any portion of the land
407	407	covered by Subsection (a) [of this section] without a lease for the
408	408	land commits an offense. An offense under this section is a Class C
409	409	misdemeanor[, on conviction, shall be fined not less than $100 nor
410	410	more than $1,000 and confined in the county jail for not less than
411	411	three months nor more than two years]. Each day for which a
412	412	violation continues constitutes a separate offense.
413	413	SECTION 3.08. Section 88.134, Natural Resources Code, is
414	414	amended by amending Subsection (b) and adding Subsection (c) to
415	415	read as follows:
416	416	(b) A person commits an offense if the person:
417	417	(1) [who] violates any [other] provision of this
418	418	chapter other than those covered by Subsection (a);
419	419	(2) [, a person who] fails to comply with any of the
420	420	other terms of this chapter;
421	421	(3) [, a person who] fails to comply with the terms of
422	422	a rule or order adopted by the governmental agency under the terms
423	423	of this chapter;[,] or
424	424	(4) [a person who] violates any of the rules or orders
425	425	of the governmental agency adopted under the provisions of this
426	426	chapter.
427	427	(c) An offense under Subsection (b) is a felony of the third
428	428	degree [on conviction is considered guilty of a felony and on
429	429	conviction shall be punished by imprisonment in the Texas
430	430	Department of Criminal Justice for a term of not less than two nor
431	431	more than four years].
432	432	SECTION 3.09. Section 114.102(b), Natural Resources Code,
433	433	is amended to read as follows:
434	434	(b) An offense under this section is a Class A misdemeanor
435	435	[felony of the third degree].
436	436	SECTION 3.10. Section 264.151(a), Occupations Code, is
437	437	amended to read as follows:
438	438	(a) A person commits an offense if the person violates
439	439	Section 256.001. An offense under this subsection is a felony of
440	440	the third degree. [Each day of a violation is a separate offense.]
441	441	SECTION 3.11. Section 266.303, Occupations Code, is amended
442	442	by amending Subsection (b) and adding Subsection (b-1) to read as
443	443	follows:
444	444	(b) An offense for a violation of Section 266.151 is a Class
445	445	A misdemeanor, except that the offense is a felony of the third
446	446	degree if it is shown on the trial of the offense that the defendant
447	447	has previously been convicted of an offense for a violation of
448	448	Section 266.151.
449	449	(b-1) An offense for a violation of [or] Section 266.301(b)
450	450	is a Class A misdemeanor, except that the offense is a felony of the
451	451	third degree if it is shown on the trial of the offense that the
452	452	defendant has previously been convicted of an offense for a
453	453	violation of Section 266.301(b).
454	454	SECTION 3.12. Section 1701.553(b), Occupations Code, is
455	455	amended to read as follows:
456	456	(b) An offense under Subsection (a) is a Class A misdemeanor
457	457	[state jail felony].
458	458	SECTION 3.13. Subchapter E, Chapter 1802, Occupations Code,
459	459	is amended by adding Section 1802.2025 to read as follows:
460	460	Sec. 1802.2025. FRIVOLOUS CLAIMS; CIVIL PENALTY. (a) A
461	461	person may not, for personal benefit or to harm another:
462	462	(1) institute a claim under this chapter in which the
463	463	person knows the person has no interest; or
464	464	(2) institute a frivolous suit or claim that the
465	465	person knows is false.
466	466	(b) A person who violates Subsection (a) is subject to a
467	467	civil penalty under Section 51.352.
468	468	SECTION 3.14. Section 2155.002(e), Occupations Code, is
469	469	amended to read as follows:
470	470	(e) An offense under this section [Subsection (b)] is a
471	471	misdemeanor punishable by a fine of not more than $100.
472	472	SECTION 3.15. Section 2156.006, Occupations Code, is
473	473	amended to read as follows:
474	474	Sec. 2156.006. FORFEITURE OF LEASE. A theater's lessee or a
475	475	lessee's assigns forfeit the lease and any rights and privileges
476	476	under the lease if the person[:
477	477	[(1)] does not comply with the law governing
478	478	theaters[; or
479	479	[(2) is convicted of an offense under Section
480	480	2156.005].
481	481	SECTION 3.16. Section 19.03(a), Penal Code, is amended to
482	482	read as follows:
483	483	(a) A person commits an offense if the person commits murder
484	484	as defined under Section 19.02(b)(1) and:
485	485	(1) the person murders a peace officer or fireman who
486	486	is acting in the lawful discharge of an official duty and who the
487	487	person knows is a peace officer or fireman;
488	488	(2) the person intentionally commits the murder in the
489	489	course of committing or attempting to commit kidnapping, burglary,
490	490	robbery, aggravated sexual assault, arson, obstruction or
491	491	retaliation, sabotage, or terroristic threat under Section
492	492	22.07(a)(1), (3), (4), (5), or (6);
493	493	(3) the person commits the murder for remuneration or
494	494	the promise of remuneration or employs another to commit the murder
495	495	for remuneration or the promise of remuneration;
496	496	(4) the person commits the murder while escaping or
497	497	attempting to escape from a penal institution;
498	498	(5) the person, while incarcerated in a penal
499	499	institution, murders another:
500	500	(A) who is employed in the operation of the penal
501	501	institution; or
502	502	(B) with the intent to establish, maintain, or
503	503	participate in a combination or in the profits of a combination;
504	504	(6) the person:
505	505	(A) while incarcerated for an offense under this
506	506	section or Section 19.02, murders another; or
507	507	(B) while serving a sentence of life imprisonment
508	508	or a term of 99 years for an offense under Section 20.04, 22.021, or
509	509	29.03, murders another;
510	510	(7) the person murders more than one person:
511	511	(A) during the same criminal transaction; or
512	512	(B) during different criminal transactions but
513	513	the murders are committed pursuant to the same scheme or course of
514	514	conduct;
515	515	(8) the person murders an individual under 10 years of
516	516	age;
517	517	(9) the person murders an individual 10 years of age or
518	518	older but younger than 15 years of age; or
519	519	(10) the person murders another person in retaliation
520	520	for or on account of the service or status of the other person as a
521	521	judge or justice of the supreme court, the court of criminal
522	522	appeals, a court of appeals, a district court, a criminal district
523	523	court, a constitutional county court, a statutory county court, a
524	524	justice court, or a municipal court.
525	525	SECTION 3.17. Section 37.10(c)(2), Penal Code, is amended
526	526	to read as follows:
527	527	(2) An offense under this section is a felony of the
528	528	third degree if it is shown on the trial of the offense that the
529	529	governmental record was:
530	530	(A) a public school record, report, or assessment
531	531	instrument required under Chapter 39, Education Code, a public
532	532	school record, form, report, or budget required under Chapter 48,
533	533	Education Code, or a rule adopted under that chapter, data reported
534	534	for a school district or open-enrollment charter school to the
535	535	Texas Education Agency through the Public Education Information
536	536	Management System (PEIMS) described by Sections 48.008 and 48.009,
537	537	Education Code, under a law or rule requiring that reporting, or a
538	538	license, certificate, permit, seal, title, letter of patent, or
539	539	similar document issued by government, by another state, or by the
540	540	United States, unless the actor's intent is to defraud or harm
541	541	another, in which event the offense is a felony of the second
542	542	degree;
543	543	(B) a written report of a medical, chemical,
544	544	toxicological, ballistic, or other expert examination or test
545	545	performed on physical evidence for the purpose of determining the
546	546	connection or relevance of the evidence to a criminal action;
547	547	(C) a written report of the certification,
548	548	inspection, or maintenance record of an instrument, apparatus,
549	549	implement, machine, or other similar device used in the course of an
550	550	examination or test performed on physical evidence for the purpose
551	551	of determining the connection or relevance of the evidence to a
552	552	criminal action; or
553	553	(D) a search warrant issued by a magistrate.
554	554	SECTION 3.18. Title 8, Penal Code, is amended by adding
555	555	Chapter 40, and a heading is added to that chapter to read as
556	556	follows:
557	557	CHAPTER 40. SEDITION AND SABOTAGE
558	558	SECTION 3.19. Section 154.517, Tax Code, is amended to read
559	559	as follows:
560	560	Sec. 154.517. FELONY OR MISDEMEANOR. (a) An offense under
561	561	Section [Sections] 154.511, 154.512, 154.514, 154.515, or
562	562	[through] 154.516 is a felony of the third degree.
563	563	(b) An offense under Section 154.513 is a Class A
564	564	misdemeanor, except that the offense is a felony of the third degree
565	565	if it is shown on the trial of the offense that the person has been
566	566	previously convicted of an offense under that section.
567	567	SECTION 3.20. Section 155.208, Tax Code, is amended to read
568	568	as follows:
569	569	Sec. 155.208. MISDEMEANOR. An offense under Section
570	570	155.202, 155.204, 155.205, 155.206, or 155.207 [Sections
571	571	155.202-155.207] is a Class A misdemeanor.
572	572	SECTION 3.21. Section 155.213, Tax Code, is amended to read
573	573	as follows:
574	574	Sec. 155.213. FELONY OR MISDEMEANOR. (a) An offense under
575	575	Section 155.210 or 155.212 [Sections 155.209-155.212] is a felony
576	576	of the third degree.
577	577	(b) An offense under Section 155.209 is a Class A
578	578	misdemeanor, except that the offense is a felony of the third degree
579	579	if it is shown on the trial of the offense that the person has been
580	580	previously convicted of an offense under that section.
581	581	(c) An offense under Section 155.211 is a Class A
582	582	misdemeanor, except that the offense is a felony of the third degree
583	583	if it is shown on the trial of the offense that the person has been
584	584	previously convicted of an offense under that section.
585	585	SECTION 3.22. Section 15.030(c), Utilities Code, is amended
586	586	to read as follows:
587	587	(c) An offense under this section is a Class A misdemeanor
588	588	[felony of the third degree].
589	589	SECTION 3.23. Section 105.024(b), Utilities Code, is
590	590	amended to read as follows:
591	591	(b) An offense under this section is a Class A misdemeanor
592	592	[felony of the third degree].
593	593	SECTION 3.24. The following laws are repealed:
594	594	(1) Section 101.64, Alcoholic Beverage Code;
595	595	(2) Sections 17.30, 17.31, and 204.005, Business &
596	596	Commerce Code;
597	597	(3) Chapter 504, Business & Commerce Code;
598	598	(4) Section 44.051, Education Code;
599	599	(5) the heading to Subchapter B, Chapter 557,
600	600	Government Code;
601	601	(6) Sections 557.012 and 557.013, Government Code;
602	602	(7) Sections 201.604, 205.401, 702.556, 1071.504,
603	603	1101.756, 1101.757, 1101.758, 1103.5545, 1104.253, 1802.301,
604	604	1802.302, 1805.103, 2155.002(d), 2156.004, 2156.005, 2158.003, and
605	605	2501.251, Occupations Code;
606	606	(8) Articles 4005a, 4006a, 4006b, 4015d, 4015e, 5196b,
607	607	and 9010, Revised Statutes; and
608	608	(9) Chapter 281 (H.B. 2680), Acts of the 73rd
609	609	Legislature, Regular Session, 1993 (Article 4413(47e-1), Vernon's
610	610	Texas Civil Statutes).
611	611	ARTICLE 4. TRANSITION PROVISIONS; EFFECTIVE DATE
612	612	SECTION 4.01. The changes in law made by this Act apply only
613	613	to an offense committed on or after the effective date of this Act.
614	614	An offense committed before the effective date of this Act is
615	615	governed by the law in effect on the date the offense was committed,
616	616	and the former law is continued in effect for that purpose. For
617	617	purposes of this section, an offense was committed before the
618	618	effective date of this Act if any element of the offense occurred
619	619	before that date.
620	620	SECTION 4.02. This Act takes effect September 1, 2025.