reglab/housing_qa huggingface dataset:
TX Penal Code § 43.21 (2021)
2021 Texas Statutes|Penal Code|Title 9 - Offenses Against Public Order and Decency|Chapter 43 - Public Indecency|Subchapter B. Obscenity|Section 43.21. Definitions

Sec. 43.21.  DEFINITIONS.  (a)  In this subchapter:(1)  "Obscene" means material or a performance that:(A)  the average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;(B)  depicts or describes:(i)  patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality;  or(ii)  patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, covered male genitals in a discernibly turgid state or a device designed and marketed as useful primarily for stimulation of the human genital organs;  and(C)  taken as a whole, lacks serious literary, artistic, political, and scientific value.(2)  "Material" means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three dimensional obscene device.(3)  "Performance" means a play, motion picture, dance, or other exhibition performed before an audience.(4)  "Patently offensive" means so offensive on its face as to affront current community standards of decency.(5)  "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.(6)  "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.(7)  "Obscene device" means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.(b)  If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.|Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 372, ch. 163, Sec. 1, eff. Sept. 1, 1975;  Acts 1979, 66th Leg., p. 1974, ch. 778, Sec. 1, eff. Sept. 1, 1979;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.|
TX Penal Code § 43.22 (2021)
2021 Texas Statutes|Penal Code|Title 9 - Offenses Against Public Order and Decency|Chapter 43 - Public Indecency|Subchapter B. Obscenity|Section 43.22. Obscene Display or Distribution

Sec. 43.22.  OBSCENE DISPLAY OR DISTRIBUTION.  (a)  A person commits an offense if he intentionally or knowingly displays or distributes an obscene photograph, drawing, or similar visual representation or other obscene material and is reckless about whether a person is present who will be offended or alarmed by the display or distribution.(b)  An offense under this section is a Class C misdemeanor.|Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.|
TX Penal Code § 43.23 (2021)
2021 Texas Statutes|Penal Code|Title 9 - Offenses Against Public Order and Decency|Chapter 43 - Public Indecency|Subchapter B. Obscenity|Section 43.23. Obscenity

Sec. 43.23.  OBSCENITY.  (a)  A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device.(b)  Except as provided by Subsection (h), an offense under Subsection (a) is a state jail felony.(c)  A person commits an offense if, knowing its content and character, he:(1)  promotes or possesses with intent to promote any obscene material or obscene device;  or(2)  produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.(d)  Except as provided by Subsection (h), an offense under Subsection (c) is a Class A misdemeanor.(e)  A person who promotes or wholesale promotes obscene material or an obscene device or possesses the same with intent to promote or wholesale promote it in the course of his business is presumed to do so with knowledge of its content and character.(f)  A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same.(g)  It is an affirmative defense to prosecution under this section that the person who possesses or promotes material or a device proscribed by this section does so for a bona fide medical, psychiatric, judicial, legislative, or law enforcement purpose.(h)  The punishment for an offense under Subsection (a) or (c) is increased to the punishment for a felony of the second degree if it is shown on the trial of the offense that obscene material that is the subject of the offense visually depicts activities described by Section 43.21(a)(1)(B) engaged in by:(1)  a child younger than 18 years of age at the time the image of the child was made;(2)  an image that to a reasonable person would be virtually indistinguishable from the image of a child younger than 18 years of age; or(3)  an image created, adapted, or modified to be the image of an identifiable child.(i)  In this section, "identifiable child" means a person, recognizable as an actual person by the person's face, likeness, or other distinguishing characteristic, such as a unique birthmark or other recognizable feature:(1)  who was younger than 18 years of age at the time the visual depiction was created, adapted, or modified;  or(2)  whose image as a person younger than 18 years of age was used in creating, adapting, or modifying the visual depiction.(j)  An attorney representing the state who seeks an increase in punishment under Subsection (h)(3) is not required to prove the actual identity of an identifiable child.|Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1979, 66th Leg., p. 1975, ch. 778, Sec. 2, eff. Sept. 1, 1979;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 2003, 78th Leg., ch. 1005, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1252 (H.B. 8), Sec. 19, eff. September 1, 2013.|
TX Penal Code § 43.24 (2021)
2021 Texas Statutes|Penal Code|Title 9 - Offenses Against Public Order and Decency|Chapter 43 - Public Indecency|Subchapter B. Obscenity|Section 43.24. Sale, Distribution, or Display of Harmful Material to Minor

Sec. 43.24.  SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL TO MINOR.  (a)  For purposes of this section:(1)  "Minor" means an individual younger than 18 years.(2)  "Harmful material" means material whose dominant theme taken as a whole:(A)  appeals to the prurient interest of a minor, in sex, nudity, or excretion;(B)  is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors;  and(C)  is utterly without redeeming social value for minors.(b)  A person commits an offense if, knowing that the material is harmful:(1)  and knowing the person is a minor, he sells, distributes, exhibits, or possesses for sale, distribution, or exhibition to a minor harmful material;(2)  he displays harmful material and is reckless about whether a minor is present who will be offended or alarmed by the display;  or(3)  he hires, employs, or uses a minor to do or accomplish or assist in doing or accomplishing any of the acts prohibited in Subsection (b)(1) or (b)(2).(c)  It is an affirmative defense to prosecution under this section that  the sale, distribution, or exhibition was by a person having scientific, educational, governmental, or other similar justification.(c-1)  It is a defense to prosecution under this section that the actor was the spouse of the minor at the time of the offense.(d)  An offense under this section is a Class A misdemeanor unless it is committed under Subsection (b)(3) in which event it is a felony of the third degree.|Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 497 (H.B. 1344), Sec. 1, eff. September 1, 2011.|
TX Penal Code § 43.262 (2021)
2021 Texas Statutes|Penal Code|Title 9 - Offenses Against Public Order and Decency|Chapter 43 - Public Indecency|Subchapter B. Obscenity|Section 43.262. Possession or Promotion of Lewd Visual Material Depicting Child

Sec. 43.262.  POSSESSION OR PROMOTION OF LEWD VISUAL MATERIAL DEPICTING CHILD.  (a) In this section:(1)  "Promote" and "sexual conduct" have the meanings assigned by Section 43.25.(2)  "Visual material" has the meaning assigned by Section 43.26.(b)  A person commits an offense if the person knowingly possesses, accesses with intent to view, or promotes visual material that:(1)  depicts the lewd exhibition of the genitals or pubic area of an unclothed, partially clothed, or clothed child who is younger than 18 years of age at the time the visual material was created;(2)  appeals to the prurient interest in sex; and(3)  has no serious literary, artistic, political, or scientific value.(c)  An offense under this section is a state jail felony, except that the offense is:(1)  a felony of the third degree if it is shown on the trial of the offense that the person has been previously convicted one time of an offense under this section or Section 43.26; and(2)  a felony of the second degree if it is shown on the trial of the offense that the person has been previously convicted two or more times of an offense under this section or Section 43.26.(d)  It is not a defense to prosecution under this section that the depicted child consented to the creation of the visual material. |Added by Acts 2017, 85th Leg., R.S., Ch. 350 (H.B. 1810), Sec. 1, eff. September 1, 2017.|
TX Penal Code § 43.27 (2021)
2021 Texas Statutes|Penal Code|Title 9 - Offenses Against Public Order and Decency|Chapter 43 - Public Indecency|Subchapter B. Obscenity|Section 43.27. Duty to Report

Sec. 43.27.  DUTY TO REPORT.  (a)  For purposes of this section, " visual material" has the meaning assigned by Section 43.26.(b)  A business that develops or processes visual material and determines that the material may be evidence of a criminal offense under this subchapter shall report the existence of the visual material to a local law enforcement agency.|Added by Acts 2003, 78th Leg., ch. 1005, Sec. 6, eff. Sept. 1, 2003.|
TX Prop § 5.001 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.001. Fee Simple

Sec. 5.001.  FEE SIMPLE.  (a)  An estate in land that is conveyed or devised is a fee simple unless the estate is limited by express words or unless a lesser estate is conveyed or devised by construction or operation of law.  Words previously necessary at common law to transfer a fee simple estate are not necessary.(b)  This section applies only to a conveyance occurring on or after February 5, 1840.|Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.002 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.002. Failing as a Conveyance

Sec. 5.002.  FAILING AS A CONVEYANCE.  An instrument intended as a conveyance of real property or an interest in real property that, because of this chapter, fails as a conveyance in whole or in part is enforceable to the extent permitted by law as a contract to convey the property or interest.|Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.003 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.003. Partial Conveyance

Sec. 5.003.  PARTIAL CONVEYANCE.  (a)  An alienation of real property that purports to transfer a greater right or estate in the property than the person making the alienation may lawfully transfer alienates only the right or estate that the person may convey.(b)  Neither the alienation by deed or will of an estate on which a remainder depends nor the union of the estate with an inheritance by purchase or descent affects the remainder.|Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.004 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.004. Conveyance by Authorized Officer

Sec. 5.004.  CONVEYANCE BY AUTHORIZED OFFICER.  (a)  A conveyance of real property by an officer legally authorized to sell the property under a judgment of a court within the state passes absolute title to the property to the purchaser.(b)  This section does not affect the rights of a person who is not or who does not claim under a party to the conveyance or judgment.|Acts 1983, 68th Leg., p. 3480, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.005 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.005. Aliens

Sec. 5.005.  ALIENS.  An alien has the same real and personal property rights as a United States citizen.|Acts 1983, 68th Leg., p. 3481, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.006 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.006. Attorney's Fees in Breach of Restrictive Covenant Action

Sec. 5.006.  ATTORNEY'S FEES IN BREACH OF RESTRICTIVE COVENANT ACTION.  (a)  In an action based on breach of a restrictive covenant pertaining to real property, the court shall allow to a prevailing party who asserted the action reasonable attorney's fees in addition to the party's costs and claim.(b)  To determine reasonable attorney's fees, the court shall consider:(1)  the time and labor required;(2)  the novelty and difficulty of the questions;(3)  the expertise, reputation, and ability of the attorney;  and(4)  any other factor.|Acts 1983, 68th Leg., p. 3481, ch. 576, Sec. 1, eff. Jan. 1, 1984.|
TX Prop § 5.007 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.007. Vendor and Purchaser Risk Act

Sec. 5.007.  VENDOR AND PURCHASER RISK ACT.  (a)  Any contract made in this state for the purchase and sale of real property shall be interpreted as including an agreement that the parties have the rights and duties prescribed by this section, unless the contract expressly provides otherwise.(b)  If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part of the property is destroyed without fault of the purchaser or is taken by eminent domain, the vendor may not enforce the contract, and the purchaser is entitled to recover any portion of the contract price paid.(c)  If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part of the property is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not relieved from the duty to pay the contract price, nor is the purchaser entitled to recover any portion of the price already paid.(d)  This section shall be interpreted and construed to accomplish its general purpose to make uniform the law of those states that enact the Uniform Vendor and Purchaser Risk Act.(e)  This section may be cited as the Uniform Vendor and Purchaser Risk Act.|Added by Acts 1989, 71st Leg., ch. 1002, Sec. 1, eff. Sept. 1, 1989.|
TX Prop § 5.009 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.009. Duties of Life Tenant

Sec. 5.009.  DUTIES OF LIFE TENANT.  (a)  Subject to Subsection (b), if the life tenant of a legal life estate is given the power to sell and reinvest any life tenancy property, the life tenant is subject, with respect to the sale and investment of the property, to all of the fiduciary duties of a trustee imposed by the Texas Trust Code (Subtitle B, Title 9, Property Code)  or the common law of this state.(b)  A life tenant may retain, as life tenancy property, any real property originally conveyed to the life tenant without being subject to the fiduciary duties of a trustee;  however, the life tenant is subject to the common law duties of a life tenant.|Acts 1993, 73rd Leg., ch. 846, Sec. 34, eff. Sept. 1, 1993.  Renumbered from Property Code Sec. 5.008 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(42), eff. Sept. 1, 1995.|
TX Prop § 5.011 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.011. Seller's Disclosure Regarding Potential Annexation

Sec. 5.011.  SELLER'S DISCLOSURE REGARDING POTENTIAL ANNEXATION.  (a)  A person who sells an interest in real property in this state shall give to the purchaser of the property a written notice that reads substantially similar to the following:NOTICE REGARDING POSSIBLE ANNEXATIONIf the property that is the subject of this contract is located outside the limits of a municipality, the property may now or later be included in the extraterritorial jurisdiction of a municipality and may now or later be subject to annexation by the municipality.  Each municipality maintains a map that depicts its boundaries and extraterritorial jurisdiction.  To determine if the property is located within a municipality's extraterritorial jurisdiction or is likely to be located within a municipality's extraterritorial jurisdiction, contact all municipalities located in the general proximity of the property for further information.(b)  The seller shall deliver the notice to the purchaser before the date the executory contract binds the purchaser to purchase the property.  The notice may be given separately, as part of the contract during negotiations, or as part of any other notice the seller delivers to the purchaser.(c)  This section does not apply to a transfer:(1)  under a court order or foreclosure sale;(2)  by a trustee in bankruptcy;(3)  to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest;(4)  by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure;(5)  by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;(6)  from one co-owner to another co-owner of an undivided interest in the real property;(7)  to a spouse or a person in the lineal line of consanguinity of the seller;(8)  to or from a governmental entity;(9)  of only a mineral interest, leasehold interest, or security interest;  or(10)  of real property that is located wholly within a municipality's corporate boundaries.(d)  If the notice is delivered as provided by this section, the seller has no duty to provide additional information regarding the possible annexation of the property by a municipality.(e)  If an executory contract is entered into without the seller providing the notice required by this section, the purchaser may terminate the contract for any reason within the earlier of:(1)  seven days after the date the purchaser receives the notice;  or(2)  the date the transfer occurs.|Added by Acts 1999, 76th Leg., ch. 529, Sec. 1, eff. Jan. 1, 2000.|
TX Prop § 5.013 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.013. Seller's Disclosure of Location of Conditions Under Surface of Unimproved Real Property

Sec. 5.013.  SELLER'S DISCLOSURE OF LOCATION OF CONDITIONS UNDER SURFACE OF UNIMPROVED REAL PROPERTY.  (a)  A seller of unimproved real property to be used for residential purposes shall provide to the purchaser of the property a written notice disclosing the location of a transportation pipeline, including a pipeline for the transportation of natural gas, natural gas liquids, synthetic gas, liquefied petroleum gas, petroleum or a petroleum product, or a hazardous substance.(b)  The notice must state the information to the best of the seller's belief and knowledge as of the date the notice is completed and signed by the seller.  If the information required to be disclosed is not known to the seller, the seller shall indicate that fact in the notice.(c)  The notice must be delivered by the seller on or before the effective date of an executory contract binding the purchaser to purchase the property.  If a contract is entered without the seller providing the notice as required by this section, the purchaser may terminate the contract for any reason not later than the seventh day after the effective date of the contract.(d)  This section applies to any seller of unimproved real property, including a seller who is the developer of the property and who sells the property to others for resale.(e)  In this section, "hazardous substance" and "hazardous waste" have the meanings assigned by Section 361.003, Health and Safety Code.(f)  A seller is not required to give the notice if:(1)  the seller is obligated under an earnest money contract to furnish a title insurance commitment to the buyer prior to closing;  and(2)  the buyer is entitled to terminate the contract if the buyer's objections to title as permitted by the contract are not cured by the seller prior to closing.|Added by Acts 1997, 75th Leg., ch. 1239, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Property Code Sec. 5.010 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(95), eff. Sept. 1, 2001.|
TX Prop § 5.0141 (2021)
2021 Texas Statutes|Property Code|Title 2 - Conveyances|Chapter 5 - Conveyances|Subchapter A. General Provisions|Section 5.0141. Notice Required Before Contract Execution

Sec. 5.0141.  NOTICE REQUIRED BEFORE CONTRACT EXECUTION.  (a)  The notice required by Section 5.014 shall be given to the prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. (b)  In the event a contract of purchase and sale is entered into without the seller providing the notice, the purchaser is entitled to terminate the contract.(c)  If, however, the seller furnishes the notice at or before closing the purchase and sale contract and the purchaser elects to close even though the notice was not timely furnished before execution of the contract, it shall be conclusively presumed that the purchaser has waived all rights to terminate the contract under Subsection (b) or recover damages or other remedies or rights under Section 5.0145.(d)  Notwithstanding any provision of this section, Section 5.014, 5.0142, 5.0143, 5.0144, or 5.0145, all sellers, title companies, real estate brokers, and examining attorneys, and any agent, representative, or person acting on their behalf, are not liable for damages under Section 5.0145, or for any other damages to any person, for:(1)  failing to provide the notice to a purchaser before execution of a binding contract of purchase and sale or at or before the closing of the purchase and sale contract when the municipality or county has not filed the service plan as required by Section 372.013, Local Government Code; or(2)  unintentionally providing a notice that is not the correct notice under the circumstances before execution of a binding contract of purchase and sale, or at or before the closing of the purchase and sale contract.|Added by Acts 2021, 87th Leg., R.S., Ch. 253 (H.B. 1543), Sec. 4, eff. September 1, 2021.|