Bill Text: TX HB226 | 2019-2020 | 86th Legislature | Engrossed

---

Bill Title: Relating to the creation of a commission to review certain penal laws of this state and to make certain recommendations regarding those laws, to criminal offenses previously compiled in statutes outside the Penal Code, to repealing certain of those offenses, and to conforming punishments for certain of those offenses to the penalty structure provided in the Penal Code; increasing the punishment for the criminal offenses of sedition, sabotage, and capital sabotage; imposing a civil penalty.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Engrossed - Dead) 2019-04-15 - Referred to Criminal Justice [HB226 Detail]

Download: Texas-2019-HB226-Engrossed.html

---

By: Krause, Murr, Goldman, Guillen, Moody, H.B. No. 226
et al.

A BILL TO BE ENTITLED
AN ACT
relating to the creation of a commission to review certain penal
laws of this state and to make certain recommendations regarding
those laws, to criminal offenses previously compiled in statutes
outside the Penal Code, to repealing certain of those offenses, and
to conforming punishments for certain of those offenses to the
penalty structure provided in the Penal Code; increasing the
punishment for the criminal offenses of sedition, sabotage, and
capital sabotage; imposing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PURPOSE
SECTION 1.01. PURPOSE. The purpose of this Act is to
implement the recommendations of the commission created by Section
29, Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
Session, 2015, and to authorize additional review of the penal laws
described by Section 2.01(a) of this Act.
ARTICLE 2. COMMISSION TO STUDY CERTAIN PENAL LAWS
SECTION 2.01. COMMISSION TO STUDY CERTAIN PENAL LAWS.
(a) A commission is created to study and review all penal laws of
this state other than criminal offenses:
(1) under the Penal Code;
(2) under Chapter 481, Health and Safety Code; or
(3) related to the operation of a motor vehicle.
(b) The commission shall:
(1) evaluate all laws described by Subsection (a) of
this section;
(2) make recommendations to the legislature regarding
the repeal or amendment of laws that are identified as being
unnecessary, unclear, duplicative, overly broad, or otherwise
insufficient to serve the intended purpose of the law, including
the laws identified by the commission created by Section 29,
Chapter 1251 (H.B. 1396), Acts of the 84th Legislature, Regular
Session, 2015, as requiring additional review; and
(3) evaluate the recommendations made by the
commission created by Section 29, Chapter 1251 (H.B. 1396), Acts of
the 84th Legislature, Regular Session, 2015.
(c) The commission is composed of nine members appointed as
follows:
(1) two members appointed by the governor;
(2) two members appointed by the lieutenant governor;
(3) two members appointed by the speaker of the house
of representatives;
(4) two members appointed by the chief justice of the
Supreme Court of Texas; and
(5) one member appointed by the presiding judge of the
Texas Court of Criminal Appeals.
(d) The officials making appointments to the commission
under Subsection (c) of this section shall ensure that the
membership of the commission includes representatives of all areas
of the criminal justice system, including prosecutors, defense
attorneys, judges, legal scholars, and relevant business
interests.
(e) The governor shall designate one member of the
commission to serve as the presiding officer of the commission.
(f) A member of the commission is not entitled to
compensation or reimbursement of expenses.
(g) The commission shall meet at the call of the presiding
officer.
(h) Not later than November 1, 2020, the commission shall
report the commission's findings and recommendations to the
governor, the lieutenant governor, the speaker of the house of
representatives, the Supreme Court of Texas, the Texas Court of
Criminal Appeals, and the standing committees of the house of
representatives and the senate with primary jurisdiction over
criminal justice. The commission shall include in its
recommendations any specific statutes that the commission
recommends repealing or amending.
SECTION 2.02. APPOINTMENT OF MEMBERS. Not later than the
60th day after the effective date of this Act, the governor, the
lieutenant governor, the speaker of the house of representatives,
the chief justice of the Supreme Court of Texas, and the presiding
judge of the Texas Court of Criminal Appeals shall appoint the
members of the commission created under this article.
SECTION 2.03. ABOLITION OF COMMISSION. The commission is
abolished and this article expires December 31, 2020.
ARTICLE 3. MISCELLANEOUS AMENDMENTS RELATING TO CRIMINAL OFFENSES
SECTION 3.01. Section 17.46(b), Business & Commerce Code,
as amended by Chapters 324 (S.B. 1488), 858 (H.B. 2552), and 967
(S.B. 2065), Acts of the 85th Legislature, Regular Session, 2017,
is reenacted and amended to read as follows:
(b) Except as provided in Subsection (d) of this section,
the term "false, misleading, or deceptive acts or practices"
includes, but is not limited to, the following acts:
(1) passing off goods or services as those of another;
(2) causing confusion or misunderstanding as to the
source, sponsorship, approval, or certification of goods or
services;
(3) causing confusion or misunderstanding as to
affiliation, connection, or association with, or certification by,
another;
(4) using deceptive representations or designations
of geographic origin in connection with goods or services;
(5) representing that goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, or quantities which they do not have or that a person has
a sponsorship, approval, status, affiliation, or connection which
the person does not;
(6) representing that goods are original or new if
they are deteriorated, reconditioned, reclaimed, used, or
secondhand;
(7) representing that goods or services are of a
particular standard, quality, or grade, or that goods are of a
particular style or model, if they are of another;
(8) disparaging the goods, services, or business of
another by false or misleading representation of facts;
(9) advertising goods or services with intent not to
sell them as advertised;
(10) advertising goods or services with intent not to
supply a reasonable expectable public demand, unless the
advertisements disclosed a limitation of quantity;
(11) making false or misleading statements of fact
concerning the reasons for, existence of, or amount of price
reductions;
(12) representing that an agreement confers or
involves rights, remedies, or obligations which it does not have or
involve, or which are prohibited by law;
(13) knowingly making false or misleading statements
of fact concerning the need for parts, replacement, or repair
service;
(14) misrepresenting the authority of a salesman,
representative or agent to negotiate the final terms of a consumer
transaction;
(15) basing a charge for the repair of any item in
whole or in part on a guaranty or warranty instead of on the value of
the actual repairs made or work to be performed on the item without
stating separately the charges for the work and the charge for the
warranty or guaranty, if any;
(16) disconnecting, turning back, or resetting the
odometer of any motor vehicle so as to reduce the number of miles
indicated on the odometer gauge;
(17) advertising of any sale by fraudulently
representing that a person is going out of business;
(18) advertising, selling, or distributing a card
which purports to be a prescription drug identification card issued
under Section 4151.152, Insurance Code, in accordance with rules
adopted by the commissioner of insurance, which offers a discount
on the purchase of health care goods or services from a third party
provider, and which is not evidence of insurance coverage, unless:
(A) the discount is authorized under an agreement
between the seller of the card and the provider of those goods and
services or the discount or card is offered to members of the
seller;
(B) the seller does not represent that the card
provides insurance coverage of any kind; and
(C) the discount is not false, misleading, or
deceptive;
(19) using or employing a chain referral sales plan in
connection with the sale or offer to sell of goods, merchandise, or
anything of value, which uses the sales technique, plan,
arrangement, or agreement in which the buyer or prospective buyer
is offered the opportunity to purchase merchandise or goods and in
connection with the purchase receives the seller's promise or
representation that the buyer shall have the right to receive
compensation or consideration in any form for furnishing to the
seller the names of other prospective buyers if receipt of the
compensation or consideration is contingent upon the occurrence of
an event subsequent to the time the buyer purchases the merchandise
or goods;
(20) representing that a guaranty or warranty confers
or involves rights or remedies which it does not have or involve,
provided, however, that nothing in this subchapter shall be
construed to expand the implied warranty of merchantability as
defined in Sections 2.314 through 2.318 and Sections 2A.212 through
2A.216 to involve obligations in excess of those which are
appropriate to the goods;
(21) promoting a pyramid promotional scheme, as
defined by Section 32.55, Penal Code [17.461];
(22) representing that work or services have been
performed on, or parts replaced in, goods when the work or services
were not performed or the parts replaced;
(23) filing suit founded upon a written contractual
obligation of and signed by the defendant to pay money arising out
of or based on a consumer transaction for goods, services, loans, or
extensions of credit intended primarily for personal, family,
household, or agricultural use in any county other than in the
county in which the defendant resides at the time of the
commencement of the action or in the county in which the defendant
in fact signed the contract; provided, however, that a violation of
this subsection shall not occur where it is shown by the person
filing such suit that the person neither knew or had reason to know
that the county in which such suit was filed was neither the county
in which the defendant resides at the commencement of the suit nor
the county in which the defendant in fact signed the contract;
(24) failing to disclose information concerning goods
or services which was known at the time of the transaction if such
failure to disclose such information was intended to induce the
consumer into a transaction into which the consumer would not have
entered had the information been disclosed;
(25) using the term "corporation," "incorporated," or
an abbreviation of either of those terms in the name of a business
entity that is not incorporated under the laws of this state or
another jurisdiction;
(26) selling, offering to sell, or illegally promoting
an annuity contract under Chapter 22, Acts of the 57th Legislature,
3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil
Statutes), with the intent that the annuity contract will be the
subject of a salary reduction agreement, as defined by that Act, if
the annuity contract is not an eligible qualified investment under
that Act or is not registered with the Teacher Retirement System of
Texas as required by Section 8A of that Act;
(27) taking advantage of a disaster declared by the
governor under Chapter 418, Government Code, by:
(A) selling or leasing fuel, food, medicine, or
another necessity at an exorbitant or excessive price; or
(B) demanding an exorbitant or excessive price in
connection with the sale or lease of fuel, food, medicine, or
another necessity;
(28) using the translation into a foreign language of
a title or other word, including "attorney," "immigration
consultant," "immigration expert," "lawyer," "licensed," "notary,"
and "notary public," in any written or electronic material,
including an advertisement, a business card, a letterhead,
stationery, a website, or an online video, in reference to a person
who is not an attorney in order to imply that the person is
authorized to practice law in the United States;
(29) delivering or distributing a solicitation in
connection with a good or service that:
(A) represents that the solicitation is sent on
behalf of a governmental entity when it is not; or
(B) resembles a governmental notice or form that
represents or implies that a criminal penalty may be imposed if the
recipient does not remit payment for the good or service;
(30) delivering or distributing a solicitation in
connection with a good or service that resembles a check or other
negotiable instrument or invoice, unless the portion of the
solicitation that resembles a check or other negotiable instrument
or invoice includes the following notice, clearly and conspicuously
printed in at least 18-point type:
"SPECIMEN-NON-NEGOTIABLE";
(31) in the production, sale, distribution, or
promotion of a synthetic substance that produces and is intended to
produce an effect when consumed or ingested similar to, or in excess
of, the effect of a controlled substance or controlled substance
analogue, as those terms are defined by Section 481.002, Health and
Safety Code:
(A) making a deceptive representation or
designation about the synthetic substance; or
(B) causing confusion or misunderstanding as to
the effects the synthetic substance causes when consumed or
ingested;
(32) a licensed public insurance adjuster directly or
indirectly soliciting employment, as defined by Section 38.01,
Penal Code, for an attorney, or a licensed public insurance
adjuster entering into a contract with an insured for the primary
purpose of referring the insured to an attorney without the intent
to actually perform the services customarily provided by a licensed
public insurance adjuster, provided that this subdivision may not
be construed to prohibit a licensed public insurance adjuster from
recommending a particular attorney to an insured; [or]
(33) owning, operating, maintaining, or advertising a
massage establishment, as defined by Section 455.001, Occupations
Code, that:
(A) is not appropriately licensed under Chapter
455, Occupations Code, or is not in compliance with the applicable
licensing and other requirements of that chapter; or
(B) is not in compliance with an applicable local
ordinance relating to the licensing or regulation of massage
establishments; or
(34) [(33)] a warrantor of a vehicle protection
product warranty using, in connection with the product, a name that
includes "casualty," "surety," "insurance," "mutual," or any other
word descriptive of an insurance business, including property or
casualty insurance, or a surety business.
SECTION 3.02. Section 17.461, Business & Commerce Code, is
transferred to Subchapter D, Chapter 32, Penal Code, and
redesignated as Section 32.55, Penal Code, to read as follows:
Sec. 32.55 [17.461]. PYRAMID PROMOTIONAL SCHEME. (a) In
this section:
(1) "Compensation" means payment of money, a financial
benefit, or another thing of value. The term does not include
payment based on sale of a product to a person, including a
participant, who purchases the product for actual use or
consumption.
(2) "Consideration" means the payment of cash or the
purchase of a product. The term does not include:
(A) a purchase of a product furnished at cost to
be used in making a sale and not for resale;
(B) a purchase of a product subject to a
repurchase agreement that complies with Subsection (b); or
(C) time and effort spent in pursuit of a sale or
in a recruiting activity.
(3) "Participate" means to contribute money into a
pyramid promotional scheme without promoting, organizing, or
operating the scheme.
(4) "Product" means a good, a service, or intangible
property of any kind.
(5) "Promoting a pyramid promotional scheme" means:
(A) inducing or attempting to induce one or more
other persons to participate in a pyramid promotional scheme; or
(B) assisting another person in inducing or
attempting to induce one or more other persons to participate in a
pyramid promotional scheme, including by providing references.
(6) "Pyramid promotional scheme" means a plan or
operation by which a person gives consideration for the opportunity
to receive compensation that is derived primarily from a person's
introduction of other persons to participate in the plan or
operation rather than from the sale of a product by a person
introduced into the plan or operation.
(b) To qualify as a repurchase agreement for the purposes of
Subsection (a)(2)(B), an agreement must be an enforceable agreement
by the seller to repurchase, on written request of the purchaser and
not later than the first anniversary of the purchaser's date of
purchase, all unencumbered products that are in an unused,
commercially resalable condition at a price not less than 90
percent of the amount actually paid by the purchaser for the
products being returned, less any consideration received by the
purchaser for purchase of the products being returned. A product
that is no longer marketed by the seller is considered resalable if
the product is otherwise in an unused, commercially resalable
condition and is returned to the seller not later than the first
anniversary of the purchaser's date of purchase, except that the
product is not considered resalable if before the purchaser
purchased the product it was clearly disclosed to the purchaser
that the product was sold as a nonreturnable, discontinued,
seasonal, or special promotion item.
(c) A person commits an offense if the person contrives,
prepares, establishes, operates, advertises, sells, or promotes a
pyramid promotional scheme. An offense under this subsection is a
state jail felony.
(d) It is not a defense to prosecution for an offense under
this section that the pyramid promotional scheme involved both a
franchise to sell a product and the authority to sell additional
franchises if the emphasis of the scheme is on the sale of
additional franchises.
SECTION 3.03. Sections 522.001 and 522.002, Business &
Commerce Code, are transferred to Subchapter D, Chapter 32, Penal
Code, redesignated as Section 32.511, Penal Code, and amended to
read as follows:
Sec. 32.511 [522.001]. IDENTITY THEFT BY ELECTRONIC DEVICE
[DEFINITIONS]. (a) In this section [chapter]:
(1) "Payment card" means a credit card, debit card,
check card, or other card that is issued to an authorized user to
purchase or obtain goods, services, money, or any other thing of
value.
(2) "Re-encoder" means an electronic device that can
be used to transfer encoded information from a magnetic strip on a
payment card onto the magnetic strip of a different payment card.
(3) "Scanning device" means an electronic device used
to access, read, scan, or store information encoded on the magnetic
strip of a payment card.
(b) [Sec. 522.002. OFFENSE; PENALTY. (a)] A person commits
an offense if the person uses a scanning device or re-encoder to
access, read, scan, store, or transfer information encoded on the
magnetic strip of a payment card without the consent of an
authorized user of the payment card and with intent to harm or
defraud another.
(c) [(b)] An offense under this section is a Class B
misdemeanor, except that the offense is a state jail felony if the
information accessed, read, scanned, stored, or transferred was
protected health information as defined by the Health Insurance
Portability and Accountability Act and Privacy Standards, as
defined by Section 181.001, Health and Safety Code.
(d) [(c)] If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.
SECTION 3.04. Article 18.18(g), Code of Criminal Procedure,
is amended to read as follows:
(g) For purposes of this article:
(1) "criminal instrument" has the meaning defined in
the Penal Code;
(2) "gambling device or equipment, altered gambling
equipment or gambling paraphernalia" has the meaning defined in the
Penal Code;
(3) "prohibited weapon" has the meaning defined in the
Penal Code;
(4) "dog-fighting equipment" means:
(A) equipment used for training or handling a
fighting dog, including a harness, treadmill, cage, decoy, pen,
house for keeping a fighting dog, feeding apparatus, or training
pen;
(B) equipment used for transporting a fighting
dog, including any automobile, or other vehicle, and its
appurtenances which are intended to be used as a vehicle for
transporting a fighting dog;
(C) equipment used to promote or advertise an
exhibition of dog fighting, including a printing press or similar
equipment, paper, ink, or photography equipment; or
(D) a dog trained, being trained, or intended to
be used to fight with another dog;
(5) "obscene device" and "obscene" have the meanings
assigned by Section 43.21, Penal Code;
(6) "re-encoder" has the meaning assigned by Section
32.511, Penal [522.001, Business & Commerce] Code;
(7) "scanning device" has the meaning assigned by
Section 32.511, Penal [522.001, Business & Commerce] Code; and
(8) "obscene material" and "child pornography"
include digital images and the media and equipment on which those
images are stored.
SECTION 3.05. Article 59.01(2), Code of Criminal Procedure,
is amended to read as follows:
(2) "Contraband" means property of any nature,
including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under
the Penal Code;
(ii) any felony under Section 15.031(b),
20.05, 20.06, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33,
33A, or 35, Penal Code;
(iii) any felony under The Securities Act
(Article 581-1 et seq., Vernon's Texas Civil Statutes); or
(iv) any offense under Chapter 49, Penal
Code, that is punishable as a felony of the third degree or state
jail felony, if the defendant has been previously convicted three
times of an offense under that chapter;
(B) used or intended to be used in the commission
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 151, Finance
Code;
(iv) any felony under Chapter 34, Penal
Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves the state Medicaid program;
(vii) an offense [a Class B misdemeanor]
under Section 32.511, Penal [Chapter 522, Business & Commerce]
Code;
(viii) a Class A misdemeanor under Section
306.051, Business & Commerce Code;
(ix) any offense under Section 42.10, Penal
Code;
(x) any offense under Section 46.06(a)(1)
or 46.14, Penal Code;
(xi) any offense under Chapter 71, Penal
Code;
(xii) any offense under Section 20.05 or
20.06, Penal Code; or
(xiii) an offense under Section 326.002,
Business & Commerce Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of
this subdivision, or a crime of violence;
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x),
or (xi) of this subdivision, or a crime of violence;
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
43.25, Penal Code; or
(F) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 20A.02 or
Chapter 43, Penal Code.
SECTION 3.06. Sections 557.001 and 557.011, Government
Code, are transferred to Chapter 40, Penal Code, as added by this
Act, redesignated as Sections 40.01 and 40.02, Penal Code,
respectively, and amended to read as follows:
Sec. 40.01 [557.001]. SEDITION. (a) A person commits an
offense if the person knowingly:
(1) commits, attempts to commit, or conspires with one
or more persons to commit an act intended to overthrow, destroy, or
alter the constitutional form of government of this state or of any
political subdivision of this state by force or violence;
(2) under circumstances that constitute a clear and
present danger to the security of this state or a political
subdivision of this state, advocates, advises, or teaches or
conspires with one or more persons to advocate, advise, or teach a
person to commit or attempt to commit an act described in
Subdivision (1); or
(3) participates, with knowledge of the nature of the
organization, in the management of an organization that engages in
or attempts to engage in an act intended to overthrow, destroy, or
alter the constitutional form of government of this state or of any
political subdivision of this state by force or violence.
(b) An offense under this section is a felony of the second
degree [punishable by:
[(1) a fine not to exceed $20,000;
[(2) confinement in the Texas Department of Criminal
Justice for a term of not less than one year or more than 20 years;
or
[(3) both fine and imprisonment].
(c) A person convicted of an offense under this section may
not receive community supervision under Chapter 42A, Code of
Criminal Procedure.
Sec. 40.02 [557.011]. SABOTAGE. (a) A person commits an
offense if the person, with the intent to injure the United States,
this state, or any facility or property used for national defense
sabotages or attempts to sabotage any property or facility used or
to be used for national defense.
(b) An offense under this section is a felony of the second
degree [punishable by confinement in the Texas Department of
Criminal Justice for a term of not less than two years or more than
20 years].
(c) If conduct constituting an offense under this section
also constitutes an offense under another provision of law, the
actor may be prosecuted under both sections.
(d) In this section, "sabotage" means to wilfully and
maliciously damage or destroy property.
SECTION 3.07. Section 557.002, Government Code, is amended
to read as follows:
Sec. 557.002. DISQUALIFICATION. A person who is finally
convicted of an offense under Section 40.01, Penal Code, [557.001]
may not hold office or a position of profit, trust, or employment
with the state or any political subdivision of the state.
SECTION 3.08. Section 3101.010(b), Government Code, is
amended to read as follows:
(b) An offense under this section is a misdemeanor and on
conviction is punishable by[:
[(1)] a fine of not less than $5 or more than $300[;
[(2) confinement in the county jail for a term not to
exceed three months; or
[(3) both a fine and confinement].
SECTION 3.09. Section 615.002(e), Local Government Code, is
amended to read as follows:
(e) A person commits an offense if the person violates a
parking rule adopted under this section. An offense under this
subsection is a Class C misdemeanor [punishable by a fine of not
less than $1 nor more than $20].
SECTION 3.10. Section 11.074(b), Natural Resources Code, is
amended to read as follows:
(b) Any owner of stock or a [his] manager, agent, employee,
or servant of the owner who fences, uses, occupies, or appropriates
by herding or line-riding any portion of the land covered by
Subsection (a) [of this section] without a lease for the land
commits an offense. An offense under this section is a Class C
misdemeanor[, on conviction, shall be fined not less than $100 nor
more than $1,000 and confined in the county jail for not less than
three months nor more than two years]. Each day for which a
violation continues constitutes a separate offense.
SECTION 3.11. Section 88.134(b), Natural Resources Code, is
amended to read as follows:
(b) A person who violates any [other] provision of this
chapter other than those covered by Subsection (a), a person who
fails to comply with any of the other terms of this chapter, a
person who fails to comply with the terms of a rule or order adopted
by the governmental agency under the terms of this chapter, or a
person who violates any of the rules or orders of the governmental
agency adopted under the provisions of this chapter commits an
offense. An offense under this subsection is a felony of the third
degree [on conviction is considered guilty of a felony and on
conviction shall be punished by imprisonment in the Texas
Department of Criminal Justice for a term of not less than two nor
more than four years].
SECTION 3.12. Section 114.102(b), Natural Resources Code,
is amended to read as follows:
(b) An offense under this section is a Class A misdemeanor
[felony of the third degree].
SECTION 3.13. Section 264.151(a), Occupations Code, is
amended to read as follows:
(a) A person commits an offense if the person violates
Section 256.001. An offense under this subsection is a felony of
the third degree. [Each day of a violation is a separate offense.]
SECTION 3.14. Section 266.303, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) An offense for a violation of Section 266.151 is a Class
A misdemeanor, except that the offense is a felony of the third
degree if it is shown on the trial of the offense that the defendant
has previously been convicted of an offense for a violation of
Section 266.151.
(b-1) An offense for a violation of [or] Section 266.301(b)
is a Class A misdemeanor, except that the offense is a felony of the
third degree if it is shown on the trial of the offense that the
defendant has previously been convicted of an offense for a
violation of Section 266.301(b).
SECTION 3.15. Section 1701.553(b), Occupations Code, is
amended to read as follows:
(b) An offense under Subsection (a) is a Class A misdemeanor
[state jail felony].
SECTION 3.16. Subchapter E, Chapter 1802, Occupations Code,
is amended by adding Section 1802.2025 to read as follows:
Sec. 1802.2025. FRIVOLOUS CLAIMS; CIVIL PENALTY. (a) A
person may not, for personal benefit or to harm another:
(1) institute a claim under this chapter in which the
person knows the person has no interest; or
(2) institute a frivolous suit or claim that the
person knows is false.
(b) A person who violates Subsection (a) is subject to a
civil penalty under Section 51.352.
SECTION 3.17. Section 2155.002(e), Occupations Code, is
amended to read as follows:
(e) An offense under this section [Subsection (b)] is a
misdemeanor punishable by a fine of not more than $100.
SECTION 3.18. Section 2156.006, Occupations Code, is
amended to read as follows:
Sec. 2156.006. FORFEITURE OF LEASE. A theater's lessee or a
lessee's assigns forfeit the lease and any rights and privileges
under the lease if the person[:
[(1)] does not comply with the law governing
theaters[; or
[(2) is convicted of an offense under Section
2156.005].
SECTION 3.19. Section 19.03(a), Penal Code, is amended to
read as follows:
(a) A person commits an offense if the person commits murder
as defined under Section 19.02(b)(1) and:
(1) the person murders a peace officer or fireman who
is acting in the lawful discharge of an official duty and who the
person knows is a peace officer or fireman;
(2) the person intentionally commits the murder in the
course of committing or attempting to commit kidnapping, burglary,
robbery, aggravated sexual assault, arson, obstruction or
retaliation, sabotage, or terroristic threat under Section
22.07(a)(1), (3), (4), (5), or (6);
(3) the person commits the murder for remuneration or
the promise of remuneration or employs another to commit the murder
for remuneration or the promise of remuneration;
(4) the person commits the murder while escaping or
attempting to escape from a penal institution;
(5) the person, while incarcerated in a penal
institution, murders another:
(A) who is employed in the operation of the penal
institution; or
(B) with the intent to establish, maintain, or
participate in a combination or in the profits of a combination;
(6) the person:
(A) while incarcerated for an offense under this
section or Section 19.02, murders another; or
(B) while serving a sentence of life imprisonment
or a term of 99 years for an offense under Section 20.04, 22.021, or
29.03, murders another;
(7) the person murders more than one person:
(A) during the same criminal transaction; or
(B) during different criminal transactions but
the murders are committed pursuant to the same scheme or course of
conduct;
(8) the person murders an individual under 10 years of
age; or
(9) the person murders another person in retaliation
for or on account of the service or status of the other person as a
judge or justice of the supreme court, the court of criminal
appeals, a court of appeals, a district court, a criminal district
court, a constitutional county court, a statutory county court, a
justice court, or a municipal court.
SECTION 3.20. Section 37.10(c)(2), Penal Code, is amended
to read as follows:
(2) An offense under this section is a felony of the
third degree if it is shown on the trial of the offense that the
governmental record was:
(A) a public school record, report, or assessment
instrument required under Chapter 39, Education Code, a public
school record, form, report, or budget required under Chapter 42,
Education Code, or a rule adopted under that chapter, data reported
for a school district or open-enrollment charter school to the
Texas Education Agency through the Public Education Information
Management System (PEIMS) described by Section 42.006, Education
Code, under a law or rule requiring that reporting, or a license,
certificate, permit, seal, title, letter of patent, or similar
document issued by government, by another state, or by the United
States, unless the actor's intent is to defraud or harm another, in
which event the offense is a felony of the second degree;
(B) a written report of a medical, chemical,
toxicological, ballistic, or other expert examination or test
performed on physical evidence for the purpose of determining the
connection or relevance of the evidence to a criminal action;
(C) a written report of the certification,
inspection, or maintenance record of an instrument, apparatus,
implement, machine, or other similar device used in the course of an
examination or test performed on physical evidence for the purpose
of determining the connection or relevance of the evidence to a
criminal action; or
(D) a search warrant issued by a magistrate.
SECTION 3.21. Title 8, Penal Code, is amended by adding
Chapter 40, and a heading is added to that chapter to read as
follows:
CHAPTER 40. SEDITION AND SABOTAGE
SECTION 3.22. Section 154.517, Tax Code, is amended to read
as follows:
Sec. 154.517. FELONY OR MISDEMEANOR. (a) An offense under
Section [Sections] 154.511, 154.512, 154.514, 154.515, or
[through] 154.516 is a felony of the third degree.
(b) An offense under Section 154.513 is a Class A
misdemeanor unless it is shown on the trial of the offense that the
person has been previously convicted of an offense under that
section, in which event the offense is a felony of the third degree.
SECTION 3.23. Section 155.208, Tax Code, is amended to read
as follows:
Sec. 155.208. MISDEMEANOR. (a) An offense under Section
155.202, 155.204, 155.205, 155.206, or 155.207 [Sections
155.202-155.207] is a Class A misdemeanor.
(b) An offense under Section 155.203 is a Class C
misdemeanor unless it is shown on the trial of the offense that the
person has been previously convicted of an offense under that
section, in which event the offense is a Class A misdemeanor.
SECTION 3.24. Section 155.213, Tax Code, is amended to read
as follows:
Sec. 155.213. FELONY OR MISDEMEANOR. (a) An offense under
Section 155.210 or 155.212 [Sections 155.209-155.212] is a felony
of the third degree.
(b) An offense under Section 155.209 is a Class A
misdemeanor unless it is shown on the trial of the offense that the
person has been previously convicted of an offense under that
section, in which event the offense is a felony of the third degree.
(c) An offense under Section 155.211 is a Class A
misdemeanor unless it is shown on the trial of the offense that the
person has been previously convicted of an offense under that
section, in which event the offense is a felony of the third degree.
SECTION 3.25. Section 15.030(c), Utilities Code, is amended
to read as follows:
(c) An offense under this section is a Class A misdemeanor
[felony of the third degree].
SECTION 3.26. Section 105.024(b), Utilities Code, is
amended to read as follows:
(b) An offense under this section is a Class A misdemeanor
[felony of the third degree].
SECTION 3.27. The following laws are repealed:
(1) Section 101.64, Alcoholic Beverage Code;
(2) Sections 17.30, 17.31, and 204.005, Business &
Commerce Code;
(3) Chapter 504, Business & Commerce Code;
(4) the heading to Chapter 522, Business & Commerce
Code;
(5) Section 44.051, Education Code;
(6) the heading to Subchapter B, Chapter 557,
Government Code;
(7) Sections 557.012 and 557.013, Government Code;
(8) Sections 52.021 and 52.022, Labor Code;
(9) Sections 201.604, 205.401, 702.556, 1071.504,
1101.756, 1101.757, 1101.758, 1103.5545, 1104.253, 1802.301,
1802.302, 1802.303, 1805.103, 2155.002(d), 2156.004, 2156.005,
2158.003, 2501.251, 2501.501, and 2501.502, Occupations Code;
(10) Articles 4005a, 4006a, 4006b, 4015d, 4015e,
5196b, and 9010, Revised Statutes; and
(11) Chapter 281 (H.B. 2680), Acts of the 73rd
Legislature, Regular Session, 1993 (Article 4413(47e-1), Vernon's
Texas Civil Statutes).
ARTICLE 4. TRANSITION PROVISIONS; EFFECTIVE DATE
SECTION 4.01. 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 4.02. To the extent of any conflict, this Act
prevails over another Act of the 86th Legislature, Regular Session,
2019, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 4.03. This Act takes effect September 1, 2019.