reglab/statecodes huggingface dataset:
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 134 - Cass County › Subchapter E. Lake Texarkana › Section 134.041. Discharge of Firearm

Sec. 134.041.  DISCHARGE OF FIREARM.  (a)  Except as provided in this section, no person may shoot a pistol or rifle in, on, along, or across Lake Texarkana.
(b)  Subsection (a) of this section does not apply to peace officers, game wardens, or representatives of the department in the lawful discharge of their duties.
(c)  Subsection (a) of this section does not apply to a person hunting with a shotgun during an open season or when it is lawful to hunt in or on Lake Texarkana.
(d)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 136 - Chambers County › Subchapter B. Provisions Generally Applicable to Hunting › Section 136.012. Shooting in Certain Places

Sec. 136.012.  SHOOTING IN CERTAIN PLACES.  (a)  No person may shoot a pistol or rifle in, on, along, or across the water of the Trinity River, Wallisville Reservoir, and Lake Anahuac in Chambers County.
(b)  No person may shoot a pistol, crossbow, bow and arrow, shotgun, or rifle in, on, along, or across the water of Oyster Bayou in Chambers County from State Highway 65 south to the mouth of Oyster Bayou in East Bay.
(c)  The water described in Subsections (a) and (b) of this section are part of the public fresh water of this state suited and adapted to the preservation, protection, and propagation of game and fish, and this section is to aid in the preservation, protection, and propagation of game and fish.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 136 - Chambers County › Subchapter B. Provisions Generally Applicable to Hunting › Section 136.013. Enforcement; Penalties

Sec. 136.013.  ENFORCEMENT;  PENALTIES.  (a)  Section 136.012 of this code does not apply to a person hunting migratory waterfowl with a shotgun during a prescribed open season in and on the Trinity River and the Wallisville Reservoir.
(b)  Sections 136.011 and 136.012 of this code do not apply to peace officers, or representatives of the department in the lawful discharge of their duties.
(c)  It is the duty of the department to enforce the provisions of this subchapter, and enforcement officers may arrest without a warrant a person violating a provision in his presence.
(d)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 143 - Collin County › Subchapter C. Lake Lavon › Section 143.023. Discharge of Firearm

Sec. 143.023.  DISCHARGE OF FIREARM.  (a)  Except as provided in Subsections (b) and (c) of this section, no person may shoot, fire, or discharge any firearm in, on, along, or across Lake Lavon in Collin County.
(b)  This section does not apply to peace officers, game wardens, or other representatives of the department in the lawful discharge of their duties.
(c)  This section does not apply to a person hunting with a shotgun during an open season or when it is lawful to hunt in or on Lake Lavon.
(d)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 202 - Harrison County › Subchapter D. Caddo Lake › Section 202.031. Firing Weapons

Sec. 202.031.  FIRING WEAPONS.  (a)  No person may shoot a pistol or rifle in, on, along, or across Caddo Lake in Harrison County.
(b)  This section does not apply to peace officers, game wardens, or representatives of the Parks and Wildlife Commission in the discharge of their official duties, nor does it prevent a person from hunting with a shotgun during an open season or when it is lawful to hunt in or upon Caddo Lake in Harrison County.
(c)  A person who violates this section is guilty of a misdemeanor and on conviction is punishable by a fine of not less than $10 nor more than $200.
(d)  Venue for prosecutions for violations of this section is in Harrison or Marion counties.  Prosecutions may be brought and maintained in either county without regard to the county where the offense was committed.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 78 (H.B. 1346), Sec. 6, eff. May 19, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 216 - Hunt County › Subchapter C. Sabine River › Section 216.021. Sabine River: Navigability

Sec. 216.021.  SABINE RIVER:  NAVIGABILITY.  (a)  That part of the Sabine River located between its source and its juncture with the east boundary line of Hunt County is not a navigable stream for the purpose of hunting and fishing rights on and along the stream.  This section does not divest the state of whatever title it may have to the bed or water of the stream.
(b)  Article 5302, Revised Civil Statutes of Texas, 1925, does not apply to that portion of the Sabine River described in Subsection (a) of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 223 - Jefferson County › Subchapter C. Regulation of Lake Sabine by City of Port Arthur › Section 223.021. Recreational Use of Lake Sabine

Sec. 223.021.  RECREATIONAL USE OF LAKE SABINE.  The governing body of the city of Port Arthur, with respect to the waters of Lake Sabine within the corporate limits of the city, may designate or otherwise regulate by ordinance certain areas of the lake as bathing, fishing, swimming, recreational, or other restricted areas and may adopt rules relating to that regulation.
Added by Acts 1987, 70th Leg., ch. 149, Sec. 23, eff. Sept. 1, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 223 - Jefferson County › Subchapter C. Regulation of Lake Sabine by City of Port Arthur › Section 223.023. Regulation of Boat Speeds

Sec. 223.023.  REGULATION OF BOAT SPEEDS.  Notwithstanding any other state law or rule, the governing body of the city of Port Arthur may by ordinance regulate the speed of boats on Lake Sabine within the corporate limits of the city.
Added by Acts 1987, 70th Leg., ch. 149, Sec. 23, eff. Sept. 1, 1987.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 237 - Kleberg County › Subchapter C. Birds › Section 237.022. Audubon Society Land

Sec. 237.022.  AUDUBON SOCIETY LAND.  (a)  This section applies to North Bird Island and South Bird Island and the flats, reefs, and shallow water near those islands in Kleberg County during the period that the National Association of the Audubon Societies is the lessee of those islands.
(b)  No person, other than an agent, representative, or employee of the National Association of Audubon Societies or an officer of this state or the United States, may enter on the land without the knowledge or consent of the association for the purpose of hunting a bird or for the purpose of taking or destroying a bird egg or nest.
(c)  No person may hunt or molest a bird on the described land whether the person is on or off the described land.
(d)  No person may discharge a firearm or explosive on or above the described land.
(e)  No person may land, tie, or anchor a fishing boat in the described land.
(f)  This section does not prohibit an agent, representative, or employee of the association from:
(1)  hunting birds known to be a prey on other birds or eggs;  or
(2)  taking birds and eggs for propagation, conservation, or scientific purposes.
(g)  This section does not prohibit a person from taking refuge on the described land because of storms.
(h)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 246 - Liberty County › Subchapter B. Provisions Generally Applicable to Hunting › Section 246.012. Discharge of Firearms

Sec. 246.012.  DISCHARGE OF FIREARMS.  (a)  Except as provided in Subsection (b) of this section, no person may shoot a pistol or rifle in, on, along, and across the water of the Trinity River or Wallisville Reservoir in Liberty County.
(b)  This section does not apply to peace officers or representatives of the department in the lawful discharge of their duties or to a person hunting migratory waterfowl during an open season in and on the Trinity River and Wallisville Reservoir.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 258 - Marion County › Subchapter B. Provisions Generally Applicable to Hunting › Section 258.011. Shooting Pistols on Caddo Lake

Sec. 258.011.  SHOOTING PISTOLS ON CADDO LAKE.  (a)  No person may shoot a pistol in, on, along, or across Caddo Lake in Marion County.
(b)  This section does not apply to peace officers or employees of the department engaged in official duties, nor does this section prohibit hunting with a shotgun during an open season.
(c)  Peace officers and authorized employees of the department may inspect boats and other watercraft for violations of this section without a warrant.
(d)  A prosecution for a violation of this section may be maintained in Marion or Harrison County without regard to where the offense occurred.
(e)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 272 - Morris County › Subchapter F. Lake Texarkana and Daingerfield Lake › Section 272.051. Discharge of Firearms

Sec. 272.051.  DISCHARGE OF FIREARMS.  (a)  Except as provided in Subsection (b) of this section, no person may shoot a pistol or rifle in, on, along, or across Daingerfield Lake or Lake Texarkana in Morris County.
(b)  This section does not apply to peace officers, game wardens, or agents of the department in the lawful exercise of their duty or to persons hunting with a shotgun during an open season in or on Daingerfield Lake or Lake Texarkana.
(c)  Repealed by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.  Amended by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 16, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 281 - Orange County › Subchapter C. Shrimp › Section 281.022. Shrimp Regulations

Sec. 281.022.  SHRIMP REGULATIONS.  (a)  The commission may regulate the taking of shrimp from the coastal water of Orange County to provide for the most profitable and equitable harvest of shrimp from year to year and to conserve and protect the shrimp resources of Orange County from depletion and waste.
(b)  The commission may make regulations to carry out the policy of this section including regulating:
(1)  the size of shrimp that may be taken;
(2)  open and closed shrimp seasons;
(3)  the means of taking shrimp;
(4)  the size and type of boats and equipment that may be used for taking shrimp;
(5)  the length and mesh size of net and trawls and their spreading devices;  and
(6)  the possession, transportation, sale, and other handling of shrimp in the coastal water of Orange County.
(c)  The commission by regulation adopted in accordance with this section may provide for the licensing of all persons taking, selling, or handling shrimp in Orange County and may license boats and equipment used for the taking, selling, or handling of shrimp in Orange County.  The commission may adopt the licensing provisions of the Texas Shrimp Conservation Act (Chapter 77 of this code).
(d)  The commission shall conduct continuous research, investigations, and studies of the shrimp resources in Orange County in the same manner as required by Sections 77.004, 77.005, and 77.006 of this code.  Based on the information obtained, and after hearings, the commission shall promulgate the regulations authorized by this section.  The hearings, the method of adoption of the regulations, the effective date of the regulations, and the procedure for appeal shall be governed by the provisions of Chapter 125, Acts of the 52nd Legislature, Regular Session, 1951, as amended.
(e)  "Coastal water" is defined by Section 77.001(1) of this code.
(f)  A person who violates a regulation of the commission adopted under this section shall be punished as provided in Section 77.020 of this code.  The commission has all powers of enforcement granted to it under Chapter 77 of this code for the enforcement of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 283 - Panola County › Subchapter C. Murvaul Lake › Section 283.021. Camping

Sec. 283.021.  CAMPING.  No person may camp on the shores of Murvaul Lake in Panola County on land owned by the Panola County Fresh Water Supply District Number 1 except at places designated as campsites by the Board of Supervisors of the Panola County Fresh Water Supply District Number 1.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 283 - Panola County › Subchapter C. Murvaul Lake › Section 283.022. Firearms

Sec. 283.022.  FIREARMS.  (a)  Except as provided by Subsection (b) of this section, no person may possess for shooting a rifle or pistol of any kind on or over the water of Murvaul Lake in Panola County.
(b)  This section does not apply to a peace officer or game  warden of this state or to a regular employee of the Panola County Fresh Water Supply District Number 1.
(c)  Possession of a rifle or pistol of any kind within 500 feet from the water of Murvaul Lake is prima facie evidence of a violation of this section.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 78 (H.B. 1346), Sec. 7, eff. May 19, 2011.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 283 - Panola County › Subchapter C. Murvaul Lake › Section 283.023. Certain Water Sports on Lake Murvaul

Sec. 283.023.  CERTAIN WATER SPORTS ON LAKE MURVAUL.  No person may swim, bathe, wade, or water ski in or on Lake Murvaul except within areas designated by the Board of Supervisors of the Panola County Fresh Water Supply District No. 1 as areas for swimming, bathing, wading, or water skiing.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 287 - Potter County › Section 287.001. Discharge of Firearm Prohibited

Sec. 287.001.  DISCHARGE OF FIREARM PROHIBITED.  (a)  In this section, "firearm" has the meaning assigned by Section 62.014.
(b)  This section applies only to the segment of the Canadian River extending from the intersection of United States Highways 287 and 87 and the Canadian River to:
(1)  a point 1.2 miles west of the intersection, marked by a structure serving as a railroad trestle; and
(2)  a point 1.5 miles east of the intersection, where the Canadian River enters the Lake Meredith National Recreational Area.
(c)  Except as provided by Subsection (d), a person may not discharge a firearm or shoot an arrow from any kind of bow if the person is located in or on the bed or bank of the portion of the Canadian River to which this chapter applies at the time the firearm is discharged or the arrow is shot from the bow.
(d)  This section does not apply to:
(1)  an individual acting in the scope of the individual's duties as a peace officer or department employee; or
(2)  the discharge of a shotgun loaded with ammunition that releases only shot when discharged.
(e)  This section does not limit the ability of a license holder to carry a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 266 (H.B. 1771), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 351 - Starr and Zapata Counties › Subchapter A. Falcon Lake › Section 351.001. Commercial Catfish Fishing

Sec. 351.001.  COMMERCIAL CATFISH FISHING.  (a)  Notwithstanding any other law and except as provided by Subsection (b), a person may engage in commercial catfish fishing in the portion of Falcon Lake in this state that borders Starr and Zapata Counties if the person:
(1)  holds the required commercial fishing license issued by the department; and
(2)  engages in the commercial fishing on a vessel licensed as a commercial fishing boat by the department.
(b)  The department may regulate the amount of catfish taken from the portion of Falcon Lake described by Subsection (a) if the department determines that regulation is necessary to protect the catfish population in Falcon Lake from depletion or waste.
(c)  The commission may adopt rules related to commercial catfish fishing in Falcon Lake.
Added by Acts 2019, 86th Leg., R.S., Ch. 760 (H.B. 1181), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 355 - Penalties for Violations of Title 7, Parks and Wildlife Code › Section 355.001. Offenses That Are Class C Parks and Wildlife Code Misdemeanors

Sec. 355.001.  OFFENSES THAT ARE CLASS C PARKS AND WILDLIFE CODE MISDEMEANORS.  Except as provided by Section 355.002 or 355.003 of this code, a person who violates a provision of Title 7 of this code  commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
Added by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 15, eff. Sept. 1, 1985.
2023 Texas Statutes › Parks and Wildlife Code › Title 7 - Local and Special Laws › Chapter 355 - Penalties for Violations of Title 7, Parks and Wildlife Code › Section 355.002. Offenses That Are Class B Parks and Wildlife Code Misdemeanors

Sec. 355.002.  OFFENSES THAT ARE CLASS B PARKS AND WILDLIFE CODE MISDEMEANORS.  A person who violates any of the following provisions of Title 7 of this code commits an offense that is a Class B Parks and Wildlife Code misdemeanor:
Section 131.011;  143.023;  229.021;  237.022;  334.041;  or 350.021.
Added by Acts 1985, 69th Leg., ch. 267, art. 4, Sec. 15, eff. Sept. 1, 1985.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.01. Short Title

Sec. 1.01.  SHORT TITLE.  This code shall be known and may be cited as the Penal Code.
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.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.02. Objectives of Code

Sec. 1.02.  OBJECTIVES OF CODE.  The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate.  To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives:
(1)  to insure the public safety through:
(A)  the deterrent influence of the penalties hereinafter provided;
(B)  the rehabilitation of those convicted of violations of this code;  and
(C)  such punishment as may be necessary to prevent likely recurrence of criminal behavior;
(2)  by definition and grading of offenses to give fair warning of what is prohibited and of the consequences of violation;
(3)  to prescribe penalties that are proportionate to the seriousness of offenses and that permit recognition of differences in rehabilitation possibilities among individual offenders;
(4)  to safeguard conduct that is without guilt from condemnation as criminal;
(5)  to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses;  and
(6)  to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction.
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.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.03. Effect of Code

Sec. 1.03.  EFFECT OF CODE.  (a)  Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute.
(b)  The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute defining the offense provides otherwise;  however, the punishment affixed to an offense defined outside this code shall be applicable unless the punishment is classified in accordance with this code.
(c)  This code does not bar, suspend, or otherwise affect a right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct this code defines as an offense, and the civil injury is not merged in the offense.
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.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.04. Territorial Jurisdiction

Sec. 1.04.  TERRITORIAL JURISDICTION.  (a)  This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:
(1)  either the conduct or a result that is an element of the offense occurs inside this state;
(2)  the conduct outside this state constitutes an attempt to commit an offense inside this state;
(3)  the conduct outside this state constitutes a conspiracy to commit an offense inside this state, and an act in furtherance of the conspiracy occurs inside this state;  or
(4)  the conduct inside this state constitutes an attempt, solicitation, or conspiracy to commit, or establishes criminal responsibility for the commission of, an offense in another jurisdiction that is also an offense under the laws of this state.
(b)  If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself.  If the body of a criminal homicide victim is found in this state, it is presumed that the death occurred in this state.  If death alone is the basis for jurisdiction, it is a defense to the exercise of jurisdiction by this state that the conduct that constitutes the offense is not made criminal in the jurisdiction where the conduct occurred.
(c)  An offense based on an omission to perform a duty imposed on an actor by a statute of this state is committed inside this state regardless of the location of the actor at the time of the offense.
(d)  This state includes the land and water and the air space above the land and water over which this state has power to define offenses.
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.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.05. Construction of Code

Sec. 1.05.  CONSTRUCTION OF CODE.  (a)  The rule that a penal statute is to be strictly construed does not apply to this code.  The provisions of this code shall be construed according to the fair import of their terms, to promote justice and effect the objectives of the code.
(b)  Unless a different construction is required by the context, Sections 311.011, 311.012, 311.014, 311.015, and 311.021 through 311.032 of Chapter 311, Government Code (Code Construction Act), apply to the construction of this code.
(c)  In this code:
(1)  a reference to a title, chapter, or section without further identification is a reference to a title, chapter, or section of this code;  and
(2)  a reference to a subchapter, subsection, subdivision, paragraph, or other numbered or lettered unit without further identification is a reference to a unit of the next-larger unit of this code in which the reference appears.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 69, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.06. Computation of Age

Sec. 1.06.  COMPUTATION OF AGE.  A person attains a specified age on the day of the anniversary of his birthdate.
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.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.08. Preemption

Sec. 1.08.  PREEMPTION.  No governmental subdivision or agency may enact or enforce a law that makes any conduct covered by this code an offense subject to a criminal penalty.  This section shall apply only as long as the law governing the conduct proscribed by this code is legally enforceable.
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.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 1 - General Provisions › Section 1.09. Concurrent Jurisdiction Under This Code to Prosecute Offenses That Involve State Property

Sec. 1.09.  CONCURRENT JURISDICTION UNDER THIS CODE TO PROSECUTE OFFENSES THAT INVOLVE STATE PROPERTY.  With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute under this code any offense an element of which occurs on state property or any offense that involves the use, unlawful appropriation, or misapplication of state property, including state funds.
Added by Acts 2007, 80th Leg., R.S., Ch. 378 (S.B. 563), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 2 - Burden of Proof › Section 2.01. Proof Beyond a Reasonable Doubt

Sec. 2.01.  PROOF BEYOND A REASONABLE DOUBT.  All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.  The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.
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.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 2 - Burden of Proof › Section 2.02. Exception

Sec. 2.02.  EXCEPTION.  (a)  An exception to an offense in this code is so labeled by the phrase:  "It is an exception to the application of . . . ."
(b)  The prosecuting attorney must negate the existence of an exception in the accusation charging commission of the offense and prove beyond a reasonable doubt that the defendant or defendant's conduct does not fall within the exception.
(c)  This section does not affect exceptions applicable to offenses enacted prior to the effective date of this code.
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.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 2 - Burden of Proof › Section 2.03. Defense

Sec. 2.03.  DEFENSE.  (a)  A defense to prosecution for an offense in this code is so labeled by the phrase:  "It is a defense to prosecution . . . ."
(b)  The prosecuting attorney is not required to negate the existence of a defense in the accusation charging commission of the offense.
(c)  The issue of the existence of a defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d)  If the issue of the existence of a defense is submitted to the jury, the court shall charge that a reasonable doubt on the issue requires that the defendant be acquitted.
(e)  A ground of defense in a penal law that is not plainly labeled in accordance with this chapter has the procedural and evidentiary consequences of a defense.
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.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 2 - Burden of Proof › Section 2.04. Affirmative Defense

Sec. 2.04.  AFFIRMATIVE DEFENSE.  (a)  An affirmative defense in this code is so labeled by the phrase:  "It is an affirmative defense to prosecution . . . ."
(b)  The prosecuting attorney is not required to negate the existence of an affirmative defense in the accusation charging commission of the offense.
(c)  The issue of the existence of an affirmative defense is not submitted to the jury unless evidence is admitted supporting the defense.
(d)  If the issue of the existence of an affirmative defense is submitted to the jury, the court shall charge that the defendant must prove the affirmative defense by a preponderance of evidence.
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.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 2 - Burden of Proof › Section 2.05. Presumption

Sec. 2.05.  PRESUMPTION.  (a)  Except as provided by Subsection (b), when this code or another penal law establishes a presumption with respect to any fact, it has the following consequences:
(1)  if there is sufficient evidence of the facts that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable doubt of the presumed fact; and
(2)  if the existence of the presumed fact is submitted to the jury, the court shall charge the jury, in terms of the presumption and the specific element to which it applies, as follows:
(A)  that the facts giving rise to the presumption must be proven beyond a reasonable doubt;
(B)  that if such facts are proven beyond a reasonable doubt the jury may find that the element of the offense sought to be presumed exists, but it is not bound to so find;
(C)  that even though the jury may find the existence of such element, the state must prove beyond a reasonable doubt each of the other elements of the offense charged; and
(D)  if the jury has a reasonable doubt as to the existence of a fact or facts giving rise to the presumption, the presumption fails and the jury shall not consider the presumption for any purpose.
(b)  When this code or another penal law establishes a presumption in favor of the defendant with respect to any fact, it has the following consequences:
(1)  if there is sufficient evidence of the facts that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury unless the court is satisfied that the evidence as a whole clearly precludes a finding beyond a reasonable doubt of the presumed fact; and
(2)  if the existence of the presumed fact is submitted to the jury, the court shall charge the jury, in terms of the presumption, that:
(A)  the presumption applies unless the state proves beyond a reasonable doubt that the facts giving rise to the presumption do not exist;
(B)  if the state fails to prove beyond a reasonable doubt that the facts giving rise to the presumption do not exist, the jury must find that the presumed fact exists;
(C)  even though the jury may find that the presumed fact does not exist, the state must prove beyond a reasonable doubt each of the elements of the offense charged; and
(D)  if the jury has a reasonable doubt as to whether the presumed fact exists, the presumption applies and the jury must consider the presumed fact to exist.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 912, ch. 342, Sec. 2, eff. Sept. 1, 1975;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
Amended by:
Acts 2005, 79th Leg., Ch. 288 (H.B. 823), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 3 - Multiple Prosecutions › Section 3.01. Definition

Sec. 3.01.  DEFINITION.  In this chapter, "criminal episode" means the commission of two or more offenses, regardless of whether the harm is directed toward or inflicted upon more than one person or item of property, under the following circumstances:
(1)  the offenses are committed pursuant to the same transaction or pursuant to two or more transactions that are connected or constitute a common scheme or plan;  or
(2)  the offenses are the repeated commission of the same or similar offenses.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1987, 70th Leg., ch. 387, Sec. 1, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 3 - Multiple Prosecutions › Section 3.02. Consolidation and Joinder of Prosecutions

Sec. 3.02.  CONSOLIDATION AND JOINDER OF PROSECUTIONS.  (a)  A defendant may be prosecuted in a single criminal action for all offenses arising out of the same criminal episode.
(b)  When a single criminal action is based on more than one charging instrument within the jurisdiction of the trial court, the state shall file written notice of the action not less than 30 days prior to the trial.
(c)  If a judgment of guilt is reversed, set aside, or vacated, and a new trial ordered, the state may not prosecute in a single criminal action in the new trial any offense not joined in the former prosecution unless evidence to establish probable guilt for that offense was not known to the appropriate prosecuting official at the time the first prosecution commenced.
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.
2023 Texas Statutes › Penal Code › Title 1 - Introductory Provisions › Chapter 3 - Multiple Prosecutions › Section 3.04. Severance

Sec. 3.04.  SEVERANCE.  (a)  Whenever two or more offenses have been consolidated or joined for trial under Section 3.02, the defendant shall have a right to a severance of the offenses.
(b)  In the event of severance under this section, the provisions of Section 3.03 do not apply, and the court in its discretion may order the sentences to run either concurrently or consecutively.
(c)  The right to severance under this section does not apply to a prosecution for offenses described by Section 3.03(b) or (c) unless the court determines that the defendant or the state would be unfairly prejudiced by a joinder of offenses, in which event the judge may order the offenses to be tried separately or may order other relief as justice requires.
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;  Acts 1997, 75th Leg., ch. 667, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 527 (H.B. 904), Sec. 2, eff. September 1, 2005.
Acts 2023, 88th Leg., R.S., Ch. 467 (H.B. 165), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 6 - Culpability Generally › Section 6.01. Requirement of Voluntary Act or Omission

Sec. 6.01.  REQUIREMENT OF VOLUNTARY ACT OR OMISSION.  (a)  A person commits an offense only if he voluntarily engages in conduct, including an act, an omission, or possession.
(b)  Possession is a voluntary act if the possessor knowingly obtains or receives the thing possessed or is aware of his control of the thing for a sufficient time to permit him to terminate his control.
(c)  A person who omits to perform an act does not commit an offense unless a law as defined by Section 1.07 provides that the omission is an offense or otherwise provides that he has a duty to perform the act.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.  Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 3, eff. Sept. 1, 1975;  Acts 1993, 73rd Leg., ch. 3, Sec. 1, eff. Feb. 25, 1993;  Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 6 - Culpability Generally › Section 6.02. Requirement of Culpability

Sec. 6.02.  REQUIREMENT OF CULPABILITY.  (a)  Except as provided in Subsection (b), a person does not commit an offense unless he intentionally, knowingly, recklessly, or with criminal negligence engages in conduct as the definition of the offense requires.
(b)  If the definition of an offense does not prescribe a culpable mental state, a culpable mental state is nevertheless required unless the definition plainly dispenses with any mental element.
(c)  If the definition of an offense does not prescribe a culpable mental state, but one is nevertheless required under Subsection (b), intent, knowledge, or recklessness suffices to establish criminal responsibility.
(d)  Culpable mental states are classified according to relative degrees, from highest to lowest, as follows:
(1)  intentional;
(2)  knowing;
(3)  reckless;
(4)  criminal negligence.
(e)  Proof of a higher degree of culpability than that charged constitutes proof of the culpability charged.
(f)  An offense defined by municipal ordinance or by order of a county commissioners court may not dispense with the requirement of a culpable mental state if the offense is punishable by a fine exceeding the amount authorized by Section 12.23.
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 2005, 79th Leg., Ch. 1219 (H.B. 970), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 6 - Culpability Generally › Section 6.03. Definitions of Culpable Mental States

Sec. 6.03.  DEFINITIONS OF CULPABLE MENTAL STATES.  (a)  A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.
(b)  A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist.  A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.
(c)  A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
(d)  A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.  The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 6 - Culpability Generally › Section 6.04. Causation: Conduct and Results

Sec. 6.04.  CAUSATION:  CONDUCT AND RESULTS.  (a)  A person is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.
(b)  A person is nevertheless criminally responsible for causing a result if the only difference between what actually occurred and what he desired, contemplated, or risked is that:
(1)  a different offense was committed;  or
(2)  a different person or property was injured, harmed, or otherwise affected.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 7 - Criminal Responsibility for Conduct of Another › Subchapter A. Complicity › Section 7.01. Parties to Offenses

Sec. 7.01.  PARTIES TO OFFENSES.  (a)  A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.
(b)  Each party to an offense may be charged with commission of the offense.
(c)  All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 7 - Criminal Responsibility for Conduct of Another › Subchapter A. Complicity › Section 7.02. Criminal Responsibility for Conduct of Another

Sec. 7.02.  CRIMINAL RESPONSIBILITY FOR CONDUCT OF ANOTHER.  (a)  A person is criminally responsible for an offense committed by the conduct of another if:
(1)  acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;
(2)  acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense;  or
(3)  having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.
(b)  If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy. In this subsection, "conspiracy" means an agreement between two or more persons to commit a felony.
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 2023, 88th Leg., R.S., Ch. 735 (H.B. 2961), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 7 - Criminal Responsibility for Conduct of Another › Subchapter A. Complicity › Section 7.03. Defenses Excluded

Sec. 7.03.  DEFENSES EXCLUDED.  In a prosecution in which an actor's criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission, and it is no defense:
(1)  that the actor belongs to a class of persons that by definition of the offense is legally incapable of committing the offense in an individual capacity;  or
(2)  that the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.
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.
2023 Texas Statutes › Penal Code › Title 2 - General Principles of Criminal Responsibility › Chapter 7 - Criminal Responsibility for Conduct of Another › Subchapter B. Corporations, Associations, Limited Liability Companies, and Other Business Entities › Section 7.21. Definitions

Sec. 7.21.  DEFINITIONS.  In this subchapter:
(1)  "Agent" means a director, officer, employee, or other person authorized to act in behalf of a corporation, an association, a limited liability company, or another business entity.
(1-a)  "Business entity" means an entity or organization governed by the Business Organizations Code, other than a corporation, association, or limited liability company.
(2)  "High managerial agent" means:
(A)  a partner in a partnership;
(B)  an officer of a corporation, an association, a limited liability company, or another business entity;
(C)  an agent of a corporation, an association, a limited liability company, or another business entity who has duties of such responsibility that the agent's conduct reasonably may be assumed to represent the policy of the corporation, association, limited liability company, or other business entity.
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 2019, 86th Leg., R.S., Ch. 112 (S.B. 1258), Sec. 2, eff. September 1, 2019.