reglab/statecodes huggingface dataset:
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 48 - Conduct Affecting Public Health › Section 48.015. Prohibitions Relating to Certain Cigarettes

Sec. 48.015.  PROHIBITIONS RELATING TO CERTAIN CIGARETTES.  (a)  A person may not acquire, hold, own, possess, or transport for sale or distribution in this state or import or cause to be imported into this state for sale or distribution in this state:
(1)  cigarettes that do not comply with all applicable requirements imposed by or under federal law and implementing regulations;  or
(2)  cigarettes to which stamps may not be affixed under Section 154.0415, Tax Code, other than cigarettes lawfully imported or brought into the state for personal use and cigarettes lawfully sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with 19 U.S.C. Section 1555(b), as amended.
(b)  A person who commits an act prohibited by Subsection (a), knowing or having reason to know that the person is doing so, is guilty of a Class A misdemeanor.
Added by Acts 2001, 77th Leg., ch. 1104, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 48 - Conduct Affecting Public Health › Section 48.02. Prohibition of the Purchase and Sale of Human Organs

Sec. 48.02.  PROHIBITION OF THE PURCHASE AND SALE OF HUMAN ORGANS.  (a)  In this section, "human organ" means the human kidney, liver, heart, lung, pancreas, eye, bone, skin, or any other human organ or tissue, but does not include hair or blood, blood components (including plasma), blood derivatives, or blood reagents.  The term does not include human fetal tissue as defined by Section 48.03.
(b)  A person commits an offense if he or she knowingly or intentionally offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any human organ for valuable consideration.
(c)  It is an exception to the application of this section that the valuable consideration is:  (1) a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services;  (2) reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the organ;  or (3) reimbursement of expenses of travel, housing, and lost wages incurred by the donor of a human organ in connection with the donation of the organ.
(d)  A violation of this section is a Class A misdemeanor.
Added by Acts 1985, 69th Leg., ch. 40, Sec. 1, eff. Aug. 26, 1985.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 48 - Conduct Affecting Public Health › Section 48.03. Prohibition on Purchase and Sale of Human Fetal Tissue

Sec. 48.03.  PROHIBITION ON PURCHASE AND SALE OF HUMAN FETAL TISSUE.  (a)  In this section, "human fetal tissue" has the meaning assigned by Section 173.001, Health and Safety Code.
(b)  A person commits an offense if the person knowingly offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any human fetal tissue for economic benefit.
(c)  An offense under this section is a state jail felony.
(d)  It is a defense to prosecution under this section that the actor:
(1)  is an employee of or under contract with an accredited public or private institution of higher education; and
(2)  acquires, receives, or transfers human fetal tissue solely for the purpose of fulfilling a donation authorized by Section 173.005, Health and Safety Code.
(e)  This section does not apply to:
(1)  human fetal tissue acquired, received, or transferred solely for diagnostic or pathological testing;
(2)  human fetal tissue acquired, received, or transferred solely for the purposes of a criminal investigation;
(3)  human fetal tissue acquired, received, or transferred solely for the purpose of disposing of the tissue in accordance with state law or rules applicable to the disposition of human fetal tissue remains;
(4)  human fetal tissue or human tissue acquired during pregnancy or at delivery of a child, provided the tissue is acquired by an accredited public or private institution of higher education for use in research approved by an institutional review board or another appropriate board, committee, or body charged with oversight applicable to the research; or
(5)  cell lines derived from human fetal tissue or human tissue existing on September 1, 2017, that are used by an accredited public or private institution of higher education in research approved by an institutional review board or another appropriate board, committee, or body charged with oversight applicable to the research.
(f)  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 17, eff. September 1, 2017.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 48 - Conduct Affecting Public Health › Section 48.04. Prohibition on Purchase and Sale of Adult Stem Cells for Certain Investigational Treatments

Sec. 48.04.  PROHIBITION ON PURCHASE AND SALE OF ADULT STEM CELLS FOR CERTAIN INVESTIGATIONAL TREATMENTS.  (a)  In this section:
(1)  "Adult stem cell" means an undifferentiated cell that is:
(A)  found in differentiated tissue; and
(B)  able to renew itself and differentiate to yield all or nearly all of the specialized cell types of the tissue from which the cell originated.
(2)  "Investigational stem cell treatment" means an adult stem cell treatment that:
(A)  is under investigation in a clinical trial and being administered to human participants in that trial; and
(B)  has not yet been approved for general use by the United States Food and Drug Administration.
(b)  A person commits an offense if the person knowingly offers to buy, offers to sell, acquires, receives, sells, or otherwise transfers any adult stem cells for valuable consideration for use in an investigational stem cell treatment.
(c)  It is an exception to the application of this section that the valuable consideration is:
(1)  a fee paid to a physician or to other medical personnel for services rendered in the usual course of medical practice or a fee paid for hospital or other clinical services;
(2)  reimbursement of legal or medical expenses incurred for the benefit of the ultimate receiver of the investigational stem cell treatment; or
(3)  reimbursement of expenses of travel, housing, and lost wages incurred by the donor of adult stem cells in connection with the donation of the adult stem cells.
(d)  It is an exception to the application of this section that the actor engaged in conduct authorized under Chapter 162, Health and Safety Code.
(e)  A violation of this section is a Class A misdemeanor.
Added by Acts 2017, 85th Leg., R.S., Ch. 697 (H.B. 810), Sec. 4, eff. September 1, 2017.
Redesignated from Penal Code, Section 48.03 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(41), eff. September 1, 2019.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.01. Definitions

Sec. 49.01.  DEFINITIONS.  In this chapter:
(1)  "Alcohol concentration" means the number of grams of alcohol per:
(A)  210 liters of breath;
(B)  100 milliliters of blood;  or
(C)  67 milliliters of urine.
(2)  "Intoxicated" means:
(A)  not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;  or
(B)  having an alcohol concentration of 0.08 or more.
(3)  "Motor vehicle" has the meaning assigned by Section 32.34(a).
(4)  "Watercraft" means a vessel, one or more water skis, an aquaplane, or another device used for transporting or carrying a person on water, other than a device propelled only by the current of water.
(5)  "Amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.
(6)  "Mobile amusement ride" has the meaning assigned by Section 2151.002, Occupations Code.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1999, 76th Leg., ch. 234, Sec. 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1364, Sec. 8, eff. Jan. 1, 2000;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.707, eff. Sept. 1, 2001.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.02. Public Intoxication

Sec. 49.02.  PUBLIC INTOXICATION.  (a)  A person commits an offense if the person appears in a public place while intoxicated to the degree that the person may endanger the person or another.
(a-1)  For the purposes of this section, a premises licensed or permitted under the Alcoholic Beverage Code is a public place.
(b)  It is a defense to prosecution under this section that the alcohol or other substance was administered for therapeutic purposes and as a part of the person's professional medical treatment by a licensed physician.
(c)  Except as provided by Subsection (e), an offense under this section is a Class C misdemeanor.
(d)  An offense under this section is not a lesser included offense under Section 49.04.
(e)  An offense under this section committed by a person younger than 21 years of age is punishable in the same manner as if the minor committed an offense to which Section 106.071, Alcoholic Beverage Code, applies.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1997, 75th Leg., ch. 1013, Sec. 12, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 68 (S.B. 904), Sec. 25, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.031. Possession of Alcoholic Beverage in Motor Vehicle

Sec. 49.031.  POSSESSION OF ALCOHOLIC BEVERAGE IN MOTOR VEHICLE.  (a)  In this section:
(1)  "Open container" means a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed.
(2)  "Passenger area of a motor vehicle" means the area of a motor vehicle designed for the seating of the operator and passengers of the vehicle.  The term does not include:
(A)  a glove compartment or similar storage container that is locked;
(B)  the trunk of a vehicle;  or
(C)  the area behind the last upright seat of the vehicle, if the vehicle does not have a trunk.
(3)  "Public highway" means the entire width between and immediately adjacent to the boundary lines of any public road, street, highway, interstate, or other publicly maintained way if any part is open for public use for the purpose of motor vehicle travel.  The term includes the right-of-way of a public highway.
(b)  A person commits an offense if the person knowingly possesses an open container in a passenger area of a motor vehicle that is located on a public highway, regardless of whether the vehicle is being operated or is stopped or parked.  Possession by a person of one or more open containers in a single criminal episode is a single offense.
(c)  It is an exception to the application of Subsection (b) that at the time of the offense the defendant was a passenger in:
(1)  the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation, including a bus, taxicab, or limousine;  or
(2)  the living quarters of a motorized house coach or motorized house trailer, including a self-contained camper, a motor home, or a recreational vehicle.
(d)  An offense under this section is a Class C misdemeanor.
(e)  A peace officer charging a person with an offense under this section, instead of taking the person before a magistrate, shall issue to the person a written citation and notice to appear that contains the time and place the person must appear before a magistrate, the name and address of the person charged, and the offense charged.  If the person makes a written promise to appear before the magistrate by signing in duplicate the citation and notice to appear issued by the officer, the officer shall release the person.
Added by Acts 2001, 77th Leg., ch. 969, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.04. Driving While Intoxicated

Sec. 49.04.  DRIVING WHILE INTOXICATED.  (a)  A person commits an offense if the person is intoxicated while operating a motor vehicle in a public place.
(b)  Except as provided by Subsections (c) and (d) and Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
(c)  If it is shown on the trial of an offense under this section that at the time of the offense the person operating the motor vehicle had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor, with a minimum term of confinement of six days.
(d)  If it is shown on the trial of an offense under this section that an analysis of a specimen of the person's blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed, the offense is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 14.55, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 960 (H.B. 1199), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.045. Driving While Intoxicated With Child Passenger

Sec. 49.045.  DRIVING WHILE INTOXICATED WITH CHILD PASSENGER.  (a)  A person commits an offense if:
(1)  the person is intoxicated while operating a motor vehicle in a public place;  and
(2)  the vehicle being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b)  An offense under this section is a state jail felony.
Added by Acts 2003, 78th Leg., ch. 787, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.05. Flying While Intoxicated

Sec. 49.05.  FLYING WHILE INTOXICATED.  (a)  A person commits an offense if the person is intoxicated while operating an aircraft.
(b)  Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.06. Boating While Intoxicated

Sec. 49.06.  BOATING WHILE INTOXICATED.  (a)  A person commits an offense if the person is intoxicated while operating a watercraft.
(b)  Except as provided by Section 49.09, an offense under this section is a Class B misdemeanor, with a minimum term of confinement of 72 hours.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.061. Boating While Intoxicated With Child Passenger

Sec. 49.061.  BOATING WHILE INTOXICATED WITH CHILD PASSENGER.  (a) A person commits an offense if:
(1)  the person is intoxicated while operating a watercraft; and
(2)  the watercraft being operated by the person is occupied by a passenger who is younger than 15 years of age.
(b)  An offense under this section is a state jail felony.
Added by Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.065. Assembling or Operating an Amusement Ride While Intoxicated

Sec. 49.065.  ASSEMBLING OR OPERATING AN AMUSEMENT RIDE WHILE INTOXICATED.  (a)  A person commits an offense if the person is intoxicated while operating an amusement ride or while assembling a mobile amusement ride.
(b)  Except as provided by Subsection (c) and Section 49.09, an offense under this section is a Class B misdemeanor with a minimum term of confinement of 72 hours.
(c)  If it is shown on the trial of an offense under this section that at the time of the offense the person operating the amusement ride or assembling the mobile amusement ride had an open container of alcohol in the person's immediate possession, the offense is a Class B misdemeanor with a minimum term of confinement of six days.
Added by Acts 1999, 76th Leg., ch. 1364, Sec. 9, eff. Jan. 1, 2000.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.07. Intoxication Assault

Sec. 49.07.  INTOXICATION ASSAULT.  (a)  A person commits an offense if the person, by accident or mistake:
(1)  while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another;  or
(2)  as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
(b)  In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(c)  Except as provided by Section 49.09, an offense under this section is a felony of the third degree.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 10, eff. Jan. 1, 2000.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 662 (H.B. 1212), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.08. Intoxication Manslaughter

Sec. 49.08.  INTOXICATION MANSLAUGHTER.  (a)  A person commits an offense if the person:
(1)  operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride;  and
(2)  is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
(b)  Except as provided by Section 49.09, an offense under this section is a felony of the second degree.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 11, eff. Jan. 1, 2000.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 662 (H.B. 1212), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.10. No Defense

Sec. 49.10.  NO DEFENSE.  In a prosecution under Section 49.031, 49.04, 49.045, 49.05, 49.06, 49.061, 49.065, 49.07, or 49.08, the fact that the defendant is or has been entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance is not a defense.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.  Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 14, eff. Jan. 1, 2000;  Acts 2003, 78th Leg., ch. 787, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 813 (H.B. 1163), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.11. Proof of Mental State Unnecessary

Sec. 49.11.  PROOF OF MENTAL STATE UNNECESSARY.  (a)  Notwithstanding Section 6.02(b), proof of a culpable mental state is not required for conviction of an offense under this chapter.
(b)  Subsection (a) does not apply to an offense under Section 49.031.
Added by Acts 1995, 74th Leg., ch. 318, Sec. 22, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 969, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 49 - Intoxication and Alcoholic Beverage Offenses › Section 49.12. Applicability to Certain Conduct

Sec. 49.12.  APPLICABILITY TO CERTAIN CONDUCT.  Sections 49.07 and 49.08 do not apply to injury to or the death of an unborn child if the conduct charged is conduct committed by the mother of the unborn child.
Added by Acts 2003, 78th Leg., ch. 822, Sec. 2.05, eff. Sept. 1, 2003.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 50 - Fireworks › Section 50.01. Definitions

Sec. 50.01.  DEFINITIONS.  In this chapter:
(1)  "Consumer firework" and "fireworks" have the meanings assigned by 49 C.F.R. Section 173.59.
Text of subdivision effective until January 01, 2025
(2)  "Law enforcement officer" means a person who is a peace officer under Article 2.12, Code of Criminal Procedure, or a person who is a federal law enforcement officer, as defined by 5 U.S.C. Section 8331(20).
Text of subdivision effective on January 01, 2025
(2)  "Law enforcement officer" means a person who is a peace officer under Article 2A.001, Code of Criminal Procedure, or a person who is a federal law enforcement officer, as defined by 5 U.S.C. Section 8331(20).
Added by Acts 2021, 87th Leg., R.S., Ch. 200 (H.B. 2366), Sec. 2, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.158, eff. January 1, 2025.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 50 - Fireworks › Section 50.02. Unlawful Use of Fireworks

Sec. 50.02.  UNLAWFUL USE OF FIREWORKS.  (a)  A person commits an offense if the person explodes or ignites fireworks with the intent to:
(1)  interfere with the lawful performance of an official duty by a law enforcement officer; or
(2)  flee from a person the actor knows is a law enforcement officer attempting to lawfully arrest or detain the actor.
(b)  Except as provided by Subsections (c) and (d), an offense under this section is a state jail felony.
(c)  An offense under this section that involves any firework that is not a consumer firework is a second degree felony.
(d)  Notwithstanding Subsection (c), an offense under this section is a felony of the first degree if the offense causes serious bodily injury to a person the actor knows is a law enforcement officer while the law enforcement officer is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a law enforcement officer.
(e)  If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
Added by Acts 2021, 87th Leg., R.S., Ch. 200 (H.B. 2366), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 51 - Illegal Entry Into This State › Section 51.01. Definitions

Text of section effective on March 05, 2024
Sec. 51.01.  DEFINITIONS.  In this chapter:
(1)  "Alien" has the meaning assigned by 8 U.S.C. Section 1101, as that provision existed on January 1, 2023.
(2)  "Port of entry" means a port of entry in the United States as designated by 19 C.F.R. Part 101.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 2, eff. March 5, 2024.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 51 - Illegal Entry Into This State › Section 51.02. Illegal Entry From Foreign Nation

Text of section effective on March 05, 2024
Sec. 51.02.  ILLEGAL ENTRY FROM FOREIGN NATION.  (a)  A person who is an alien commits an offense if the person enters or attempts to enter this state directly from a foreign nation at any location other than a lawful port of entry.
(b)  An offense under this section is a Class B misdemeanor, except that the offense is a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section.
(c)  It is an affirmative defense to prosecution under this section that:
(1)  the federal government has granted the defendant:
(A)  lawful presence in the United States; or
(B)  asylum under 8 U.S.C. Section 1158;
(2)  the defendant's conduct does not constitute a violation of 8 U.S.C. Section 1325(a); or
(3)  the defendant was approved for benefits under the federal Deferred Action for Childhood Arrivals program between June 15, 2012, and July 16, 2021.
(d)  The following federal programs do not provide an affirmative defense for purposes of Subsection (c)(1):
(1)  the Deferred Action for Parents of Americans and Lawful Permanent Residents program; and
(2)  any program not enacted by the United States Congress that is a successor to or materially similar to the program described by Subsection (c)(3) or Subdivision (1).
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 2, eff. March 5, 2024.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 51 - Illegal Entry Into This State › Section 51.03. Illegal Reentry by Certain Aliens

Text of section effective on March 05, 2024
Sec. 51.03.  ILLEGAL REENTRY BY CERTAIN ALIENS.  (a)  A person who is an alien commits an offense if the person enters, attempts to enter, or is at any time found in this state after the person:
(1)  has been denied admission to or excluded, deported, or removed from the United States; or
(2)  has departed from the United States while an order of exclusion, deportation, or removal is outstanding.
(b)  An offense under this section is a Class A misdemeanor, except that the offense is:
(1)  a felony of the third degree if:
(A)  the defendant's removal was subsequent to a conviction for commission of two or more misdemeanors involving drugs, crimes against a person, or both;
(B)  the defendant was excluded pursuant to 8 U.S.C. Section 1225(c) because the defendant was excludable under 8 U.S.C. Section 1182(a)(3)(B);
(C)  the defendant was removed pursuant to the provisions of 8 U.S.C. Chapter 12, Subchapter V; or
(D)  the defendant was removed pursuant to 8 U.S.C. Section 1231(a)(4)(B); or
(2)  a felony of the second degree if the defendant was removed subsequent to a conviction for the commission of a felony.
(c)  For purposes of this section, "removal" includes an order issued under Article 5B.002, Code of Criminal Procedure, or any other agreement in which an alien stipulates to removal pursuant to a criminal proceeding under either federal or state law.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 2, eff. March 5, 2024.
2023 Texas Statutes › Penal Code › Title 10 - Offenses Against Public Health, Safety, and Morals › Chapter 51 - Illegal Entry Into This State › Section 51.04. Refusal to Comply With Order to Return to Foreign Nation

Text of section effective on March 05, 2024
Sec. 51.04.  REFUSAL TO COMPLY WITH ORDER TO RETURN TO FOREIGN NATION.  (a)  A person who is an alien commits an offense if:
(1)  the person has been charged with or convicted of an offense under this chapter;
(2)  a magistrate or judge, as applicable, has issued an order under Article 5B.002, Code of Criminal Procedure, for the person to return to the foreign nation from which the person entered or attempted to enter; and
(3)  the person refuses to comply with the order.
(b)  An offense under this section is a felony of the second degree.
Added by Acts 2023, 88th Leg., 4th C.S., Ch. 1 (S.B. 4), Sec. 2, eff. March 5, 2024.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 71 - Organized Crime › Section 71.01. Definitions

Sec. 71.01.  DEFINITIONS.  In this chapter,
(a)  "Combination" means three or more persons who collaborate in carrying on criminal activities, although:
(1)  participants may not know each other's identity;
(2)  membership in the combination may change from time to time;  and
(3)  participants may stand in a wholesaler-retailer or other arm's-length relationship in illicit distribution operations.
(b)  "Conspires to commit" means that a person agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them perform an overt act in pursuance of the agreement.  An agreement constituting conspiring to commit may be inferred from the acts of the parties.
(c)  "Profits" means property constituting or derived from any proceeds obtained, directly or indirectly, from an offense listed in Section 71.02.
(d)  "Criminal street gang" means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.
(e)  "Foreign terrorist organization" means three or more persons operating as an organization at least partially outside the United States who engage in criminal activity and threaten the security of this state or its residents, including but not limited to a drug cartel.
Added by Acts 1977, 65th Leg., p. 922, ch. 346, Sec. 1, eff. June 10, 1977.  Amended by Acts 1989, 71st Leg., ch. 782, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 555, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994;  Acts 1995, 74th Leg., ch. 318, Sec. 23, eff. Sept. 1, 1995.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 18, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 71 - Organized Crime › Section 71.021. Violation of Court Order Enjoining Organized Criminal Activity

Sec. 71.021.  VIOLATION OF COURT ORDER ENJOINING ORGANIZED CRIMINAL ACTIVITY.  (a)  A person commits an offense if the person knowingly violates a temporary or permanent order issued under Section 125.065(a) or (b), Civil Practice and Remedies Code.
(b)  If conduct constituting an offense under this section also constitutes an offense under another section of this code, the actor may be prosecuted under either section or under both sections.
(c)  An offense under this section is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 584, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 71 - Organized Crime › Section 71.022. Coercing, Inducing, or Soliciting Membership in a Criminal Street Gang or Foreign Terrorist Organization

Sec. 71.022.  COERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG OR FOREIGN TERRORIST ORGANIZATION.  (a)  A person commits an offense if the person knowingly causes, enables, encourages, recruits, or solicits another person to become a member of a criminal street gang or foreign terrorist organization which, as a condition of initiation, admission, membership, or continued membership, requires the commission of any conduct which constitutes an offense punishable as a Class A misdemeanor or a felony.
(a-1)  A person commits an offense if, with intent to coerce, induce, or solicit a child to actively participate in the activities of a criminal street gang or foreign terrorist organization, the person:
(1)  threatens the child or a member of the child's family with imminent bodily injury; or
(2)  causes bodily injury to the child or a member of the child's family.
(b)  Except as provided by Subsection (c), an offense under this section is a felony of the third degree.
(c)  A second or subsequent offense under this section is a felony of the second degree.
(d)  In this section:
(1)  "Child" means an individual younger than 17 years of age.
(2)  "Family" has the meaning assigned by Section 71.003, Family Code.
Added by Acts 1999, 76th Leg., ch. 1555, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 435 (H.B. 2187), Sec. 2, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 20, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 21, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 71 - Organized Crime › Section 71.023. Directing Activities of Criminal Street Gangs or Foreign Terrorist Organizations

Sec. 71.023.  DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS OR FOREIGN TERRORIST ORGANIZATIONS.  (a)  A person commits an offense if the person, as part of the identifiable leadership of a criminal street gang or foreign terrorist organization, knowingly finances, directs, or supervises the commission of, or a conspiracy to commit, one or more of the following offenses by members of a criminal street gang or foreign terrorist organization:
(1)  a felony offense that is listed in Article 42A.054(a), Code of Criminal Procedure;
(2)  a felony offense for which it is shown that a deadly weapon, as defined by Section 1.07, was used or exhibited during the commission of the offense or during immediate flight from the commission of the offense; or
(3)  an offense that is punishable under Section 481.112(e) or (f), 481.1121(b)(4), 481.1123(d), (e), or (f), 481.115(f), or 481.120(b)(6), Health and Safety Code.
(b)  An offense under this section is a felony of the first degree punishable by imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 25 years.
Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1325 (S.B. 549), Sec. 5, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.85, eff. January 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 584 (S.B. 768), Sec. 20, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 462 (S.B. 1900), Sec. 22, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 71 - Organized Crime › Section 71.028. Gang-Free Zones

Sec. 71.028.  GANG-FREE ZONES.  (a)  In this section:
(1)  "General residential operation" has the meaning assigned by Section 42.002, Human Resources Code.
(2)  "Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.
(3)  "Shopping mall" means an enclosed public walkway or hall area that connects retail, service, or professional establishments.
(b)  This section applies to an offense listed in Section 71.02(a)(1), (4), or (7), other than burglary, theft, burglary of a motor vehicle, or unauthorized use of a motor vehicle.
(c)  Except as provided by Subsection (d), the punishment prescribed for an offense described by Subsection (b) is increased to the punishment prescribed for the next highest category of offense if the actor is 17 years of age or older and it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense at a location that was:
(1)  in, on, or within 1,000 feet of any:
(A)  real property that is owned, rented, or leased by a school or school board;
(B)  premises owned, rented, or leased by an institution of higher education;
(C)  premises of a public or private youth center;
(D)  playground; or
(E)  general residential operation operating as a residential treatment center;
(2)  in, on, or within 300 feet of any:
(A)  shopping mall;
(B)  movie theater;
(C)  premises of a public swimming pool; or
(D)  premises of a video arcade facility; or
(3)  on a school bus.
(d)  The punishment for an offense described by Subsection (b) may not be increased under this section if the offense is punishable under Section 71.02 as a felony of the first degree.
Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 26, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 27, eff. September 1, 2021.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 71 - Organized Crime › Section 71.029. Maps as Evidence of Location or Area

Sec. 71.029.  MAPS AS EVIDENCE OF LOCATION OR AREA.  (a)  In a prosecution of an offense for which punishment is increased under Section 71.028, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of gang-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those zones if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those zones.
(b)  A municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a).
(c)  A municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the zone is located.
(d)  This section does not prevent the prosecution from:
(1)  introducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 71.028; or
(2)  using or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence.
Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 71 - Organized Crime › Section 71.03. Defenses Excluded

Sec. 71.03.  DEFENSES EXCLUDED.  It is no defense to prosecution under Section 71.02 that:
(1)  one or more members of the combination are not criminally responsible for the object offense;
(2)  one or more members of the combination have been acquitted, have not been prosecuted or convicted, have been convicted of a different offense, or are immune from prosecution;
(3)  a person has been charged with, acquitted, or convicted of any offense listed in Subsection (a) of Section 71.02;  or
(4)  once the initial combination of three or more persons is formed there is a change in the number or identity of persons in the combination as long as two or more persons remain in the combination and are involved in a continuing course of conduct constituting an offense under this chapter.
Added by Acts 1977, 65th Leg., p. 922, ch. 346, Sec. 1, eff. June 10, 1977.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 71 - Organized Crime › Section 71.04. Testimonial Immunity

Sec. 71.04.  TESTIMONIAL IMMUNITY.  (a)  A party to an offense under this chapter may be required to furnish evidence or testify about the offense.
(b)  No evidence or testimony required to be furnished under the provisions of this section nor any information directly or indirectly derived from such evidence or testimony may be used against the witness in any criminal case, except a prosecution for aggravated perjury or contempt.
Added by Acts 1977, 65th Leg., p. 922, ch. 346, Sec. 1, eff. June 10, 1977.  Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 71 - Organized Crime › Section 71.05. Renunciation Defense

Sec. 71.05.  RENUNCIATION DEFENSE.  (a)  It is an affirmative defense to prosecution under Section 71.02 that under circumstances manifesting a voluntary and complete renunciation of the actor's criminal objective, the actor withdrew from the combination before commission of an offense listed in Section 71.02(a) and took further affirmative action that prevented the commission of the offense.
(b)  For the purposes of this section and Subsection (d) of Section 71.02, renunciation is not voluntary if it is motivated in whole or in part:
(1)  by circumstances not present or apparent at the inception of the actor's course of conduct that increase the probability of detection or apprehension or that make more difficult the accomplishment of the objective;  or
(2)  by a decision to postpone the criminal conduct until another time or to transfer the criminal act to another but similar objective or victim.
(c)  Evidence that the defendant withdrew from the combination before commission of an offense listed in Section 71.02(a) and made substantial effort to prevent the commission of an offense listed in Section 71.02(a) shall be admissible as mitigation at the hearing on punishment if the actor has been found guilty under Section 71.02, and in the event of a finding of renunciation under this subsection, the punishment shall be one grade lower than that provided under Section 71.02.
Added by Acts 1977, 65th Leg., p. 922, ch. 346, Sec. 1, eff. June 10, 1977.  Amended by Acts 1981, 67th Leg., p. 2374, ch. 587, Sec. 4, 5, eff. Sept. 1, 1981;  Acts 1993, 73rd Leg., ch. 761, Sec. 4, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1200 (S.B. 158), Sec. 5, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1200 (S.B. 158), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 72 - Racketeering and Unlawful Debt Collection › Section 72.01. Definitions

Sec. 72.01.  DEFINITIONS.  In this chapter:
(1)  "Enterprise" has the meaning assigned by Section 140B.001, Civil Practice and Remedies Code.
(2)  "Money" means funds as defined by Section 34.01.
(3)  "Pattern of racketeering" means engaging in at least two incidents of racketeering conduct that have the same or similar intents, results, accomplices, victims, or methods of commission or that otherwise are interrelated by distinguishing characteristics and are not isolated incidents, the last of which occurred not later than the fifth anniversary of the date of a previous incident of racketeering conduct.
(4)  "Pecuniary value" means:
(A)  anything of value in the form of money, a negotiable instrument, or a commercial interest or anything else the primary significance of which is economic advantage; or
(B)  any other property or service that has a value in excess of $100.
(5)  "Racketeering" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:
(A)  a felony offense under The Securities Act (Title 12, Government Code);
(B)  an offense under Section 20.03 (kidnapping);
(C)  an offense under Section 20.04 (aggravated kidnapping);
(D)  an offense under Section 20.07 (operation of stash house);
(E)  a felony offense under Chapter 37 (perjury and other falsification);
(F)  a felony offense under Section 38.03 (resisting arrest, search, or transportation);
(G)  a felony offense under Section 38.05 (hindering apprehension or prosecution);
(H)  a felony offense under Chapter 43 (public indecency); or
(I)  an offense under Section 71.02 (engaging in organized criminal activity).
(6)  "Real property" has the meaning assigned by Section 140B.001, Civil Practice and Remedies Code.
(7)  "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is wholly or partly legally unenforceable in this state because the debt was incurred or contracted:
(A)  in violation of:
(i)  the Texas Racing Act (Subtitle A-1, Title 13, Occupations Code, and Article 179e, Revised Civil Statutes);
(ii)  Subtitle A, Title 4, Finance Code, or Section 11, Article XVI, Texas Constitution, relating to interest and usury, if the usurious rate is at least twice the enforceable rate; or
(iii)  Chapter 47, relating to gambling; or
(B)  in gambling activity in violation of federal law or in the business of lending money at a rate usurious under state law if the usurious rate is at least twice the enforceable rate.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 72 - Racketeering and Unlawful Debt Collection › Section 72.02. Use of Proceeds Derived From Racketeering or Unlawful Debt Collection

Sec. 72.02.  USE OF PROCEEDS DERIVED FROM RACKETEERING OR UNLAWFUL DEBT COLLECTION.  (a)  A person commits an offense if the person intentionally uses or invests, whether directly or indirectly, any part of any proceeds knowingly derived, directly or indirectly, from a pattern of racketeering or through the collection of an unlawful debt, or the proceeds derived from the investment or use of those proceeds, in acquiring title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
(b)  An offense under this section is a felony of the second degree.
(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, the other law, or both.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 72 - Racketeering and Unlawful Debt Collection › Section 72.03. Acquisition of Interest in Property or Control of Enterprise Through Racketeering or Unlawful Debt Collection

Sec. 72.03.  ACQUISITION OF INTEREST IN PROPERTY OR CONTROL OF ENTERPRISE THROUGH RACKETEERING OR UNLAWFUL DEBT COLLECTION.  (a)  A person commits an offense if the person, knowingly through a pattern of racketeering or through the collection of an unlawful debt, acquires or maintains, directly or indirectly, any interest in or control of any enterprise or real property.
(b)  An offense under this section is a felony of the second degree.
(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, the other law, or both.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 6, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 11 - Organized Crime › Chapter 72 - Racketeering and Unlawful Debt Collection › Section 72.04. Participation in Enterprise Through Racketeering or Unlawful Debt Collection

Sec. 72.04.  PARTICIPATION IN ENTERPRISE THROUGH RACKETEERING OR UNLAWFUL DEBT COLLECTION.  (a)  A person commits an offense if the person is employed by or associated with an enterprise and knowingly conducts or participates, directly or indirectly, in that enterprise through a pattern of racketeering or the collection of an unlawful debt.
(b)  An offense under this section is a felony of the second degree.
(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, the other law, or both.
Added by Acts 2023, 88th Leg., R.S., Ch. 885 (H.B. 4635), Sec. 6, eff. September 1, 2023.