|
CHAPTER 302, SUBCHAPTER C: LEGISLATIVE BRIBERY
§ 302.031. DEFINITION
|
| In this subchapter, "economic benefit" means anything reasonably regarded as economic gain or advantage, including a campaign contribution. |
 |
|
| § 302.032. LEGISLATIVE BRIBERY: PROMISES OR THREATS |
| A person commits an offense if, with the intent to influence a member of or candidate for the house of representatives in casting a vote for speaker of the house of representatives, the person: |
| (1) promises or agrees to cause: |
(A) the appointment of a person to a chairmanship or vice-chairmanship of a house committee or subcommittee;
(B) the appointment of a person to a particular house committee or subcommittee, the Legislative Budget Board, the Texas Legislative Council, the Legislative Library Board, the Legislative Audit Committee, or any other position the speaker appoints;
(C) preferential treatment on any legislation or appropriation;
(D) the employment of a person; or
(E) economic benefit to a person; or |
| (2) threatens to cause: |
(A) the failure to appoint a person to a chairmanship or vice-chairmanship of a house committee or subcommittee;
(B) the failure to appoint a person to a particular house committee or subcommittee, the Legislative Budget Board, the Texas Legislative Council, the Legislative Library Board, the Legislative Audit Committee, or any other position the speaker appoints;
(C) unfavorable treatment on any legislation or appropriation;
(D) the refusal of or removal from employment of a person; or
(E) the withholding of economic benefit from a person. |
|
|
| § 302.033. LEGISLATIVE BRIBERY: ACCEPTING BENEFITS |
| A member of or candidate for the house of representatives commits an offense if, on the representation or understanding that the member or candidate will cast a vote for a particular person for speaker of the house of representatives, the member or candidate solicits, accepts, or agrees to accept: |
(1) the appointment of or refusal to appoint a person to a chairmanship or vice-chairmanship of a house committee or subcommittee;
(2) the appointment of or refusal to appoint a person to a particular house committee or subcommittee, the Legislative Budget Board, the Texas Legislative Council, the Legislative Library Board, the Legislative Audit Committee, or any other position the speaker appoints;
(3) preferential or unfavorable treatment on any legislation or appropriation;
(4) the employment of, refusal of employment of, or removal from employment of a person; or
(5) economic benefit to or withholding of economic benefit from a person. |
|
|
| § 302.034. PENALTY |
| An offense under this subchapter is a felony punishable by imprisonment for not less than two years nor more than five years. |
|
|
|
CHAPTER 305. REGISTRATION OF LOBBYISTS
§ 305.022. CONTINGENT FEES
|
(a) A person may not retain or employ another person to influence legislation or administrative action for compensation that is totally or partially contingent on the passage or defeat of any legislation, the governor's approval or veto of any legislation, or the outcome of any administrative action.
(b) A person may not accept any employment or render any service to influence legislation or administrative action for compensation contingent on the passage or defeat of any legislation, the governor's approval or veto of any legislation, or the outcome of any administrative action.
(c) For purposes of this section, a sales commission payable to an employee of a vendor of a product is not considered compensation contingent on the outcome of administrative action.
(d) This section does not prohibit the payment or acceptance of contingent fees: |
(1) expressly authorized by other law; or
(2) for legal representation before state administrative agencies in contested hearings or similar adversarial proceedings prescribed by law or administrative rules. |
|
|
| § 305.031. CRIMINAL PENALTIES |
| (b) A person commits an offense if the person intentionally or knowingly violates Section 305.022. An offense under this subsection is a felony of the third degree. |
|
|
|
CHAPTER 403, SUBCHAPTER E. CLAIMS
§ 403.071
|
| (f) A person commits an offense if the person knowingly makes a false certificate on a claim against the state for the purpose of authenticating a claim against the state. An offense under this section is punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for not less than two or more than five years. |
|
|
|
CHAPTER 403, SUBCHAPTER N. TEXAS FILM INDUSTRY DEVELOPMENT LOAN GUARANTEE PROGRAM
§ 403.331. OFFENSE
|
(a) A person commits an offense if the person signs an application or submits to the comptroller a document the person knows is false in any material respect with the intent of causing the comptroller to issue a loan guarantee under the program.
(b) An offense under this section is a felony of the third degree. |
|
|
|
CHAPTER 406. NOTARY PUBLIC; COMMISSIONER OF DEEDS
§ 406.017. REPRESENTATION AS ATTORNEY
|
| (a) A person commits an offense if the person is a notary public and the person: |
(1) states or implies that the person is an attorney licensed to practice law in this state;
(2) solicits or accepts compensation to prepare documents for or otherwise represent the interest of another in a judicial or administrative proceeding, including a proceeding relating to immigration to the United States, United States citizenship, or related matters;
(3) solicits or accepts compensation to obtain relief of any kind on behalf of another from any officer, agency, or employee of this state or the United States;
(4) uses the phrase "notario" or "notario publico" to advertise the services of a notary public, whether by signs, pamphlets, stationery, or other written communication or by radio or television; or
(5) advertises the services of a notary public in a language other than English, whether by signs, pamphlets, stationery, or other written communication or by radio or television, if the person does not post or otherwise include with the advertisement a notice that complies with Subsection (b). |
(b) The notice required by Subsection (a)(5) must state that the notary public is not an attorney and must be in English and in the language of the advertisement and in letters of a conspicuous size. If the advertisement is by radio or television, the statement may be modified, but must include substantially the same message. The notice must include the fees that a notary public may charge and the following statement: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
(c) It is an exception to prosecution under this section that, at the time of the conduct charged, the person is licensed to practice law in this state and in good standing with the State Bar of Texas.
(d) Except as provided by Subsection (e) of this section, an offense under this section is a Class A misdemeanor.
(e) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under this section.
(f) Failure to comply with this section is, in addition to a violation of any other applicable law of this state, a deceptive trade practice actionable under Chapter 17, Business & Commerce Code. |
|
|
|
CHAPTER 411. DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS
§ 411.017. UNAUTHORIZED ACTS INVOLVING DEPARTMENT NAME, INSIGNIA, OR DIVISION NAME
|
| (a) A person commits an offense if, without the director's authorization, the person: |
(1) manufactures, sells, or possesses a badge, identification card, or other item bearing a department insignia or an insignia deceptively similar to the department's;
(2) makes a copy or likeness of a badge, identification card, or department insignia, with intent to use or allow another to use the copy or likeness to produce an item bearing the department insignia or an insignia deceptively similar to the department's; or.
(3) uses the term "Texas Department of Public Safety," "Department of Public Safety," "Texas Ranger," or "Texas Highway Patrol" in connection with an object, with the intent to create the appearance that the object belongs to or is being used by the department. |
(b) In this section, "department insignia" means an insignia or design prescribed by the director for use by officers and employees of the department in connection with their official activities. An insignia is deceptively similar to the department's if it is not prescribed by the department but a reasonable person would presume that it was prescribed by the department.
(c) A district or county court, on application of the attorney general or of the district attorney or prosecuting attorney performing the duties of district attorney for the district in which the court is located, may enjoin a violation or threatened violation of this section on a showing that a violation has occurred or is likely to occur.
(d) It is an affirmative defense to a prosecution under this section that the object is used exclusively: |
(1) for decorative purposes, maintained or preserved in a decorative state, and not offered for sale; or
(2) in an artistic or dramatic presentation, and before the use of the object the producer of the presentation notifies the director in writing of the intended use, the location where the use will occur, and the period during which the use will occur. |
| (e) An offense under this section is a Class A misdemeanor, unless the object is shipped by United States mail or by any type of commercial carrier from a point outside the State of Texas to a point inside the state if the shipper or his agent has been sent notification by registered United States mail of this section prior to the shipment, in which event the offense is a felony of the third degree. |
|
|
| § 411.085. UNAUTHORIZED OBTAINING, USE, OR DISCLOSURE OF CRIMINAL HISTORY RECORD INFORMATION; PENALTY |
| (a) A person commits an offense if the person knowingly or intentionally: |
(1) obtains criminal history record information in an unauthorized manner, uses the information for an unauthorized purpose, or discloses the information to a person who is not entitled to the information;
(2) provides a person with a copy of the person's criminal history record information obtained from the department; or
(3) violates a rule of the department adopted under this subchapter. |
(b) An offense under Subsection (a) is a Class B misdemeanor, except as provided by Subsection (c).
(c) An offense under Subsection (a) is a felony of the second degree if the person: |
(1) obtains, uses, or discloses criminal history record information for remuneration or for the promise of remuneration; or
(2) employs another person to obtain, use, or disclose criminal history record information for remuneration or for the promise of remuneration. |
| (d) The department shall provide each person who applies for access to criminal history record information maintained by the department with a copy of this section. |
|
|
| § 411.153. CONFIDENTIALITY OF DNA RECORDS |
(a) A DNA record stored in the DNA database is confidential and is not subject to disclosure under the open records law, Chapter 552.
(b) A person commits an offense if the person knowingly discloses information in a DNA record or information related to a DNA analysis of a blood specimen taken under Section 411.148 or 411.150 except as authorized by this chapter. An offense under this subsection is a state jail felony.
(c) A violation under this section constitutes official misconduct. |
|
|
| § 411.1532. CONFIDENTIALITY OF PRECONFINEMENT DNA RECORDS |
(a) A DNA record created under Section 411.1471 or 411.1472 is confidential and is not subject to disclosure under the open records law, Chapter 552.
(b) A person commits an offense if the person knowingly discloses information in a DNA record or information related to a DNA analysis of a specimen taken under Section 411.1471 or 411.1472 except as authorized by this chapter. An offense under this subsection is a felony of the third degree.
(c) A violation under this section constitutes official misconduct |
|
|
|
|
CHAPTER 414. CRIME STOPPERS ADVISORY COUNCIL
§ 414.009. MISUSE OF INFORMATION
|
(a) A person who is a member or employee of the council or who accepts a report of criminal activity on behalf of a crime stoppers organization commits an offense if the person intentionally or knowingly divulges to a person not employed by a law enforcement agency the content of a report of a criminal act or the identity of the person who made the report without the consent of the person who made the report.
(b) An offense under this section is a Class A misdemeanor, except that an offense under this section is a third degree felony if the offense is committed with intent to obtain monetary gain or other benefit.
(c) A person convicted of an offense under this section is not eligible for state employment during the five-year period following the date that the conviction becomes final. |
|
|
|
CHAPTER 466. STATE LOTTERY
§ 466.303. SALE OF TICKET BY UNAUTHORIZED PERSON
|
(a) Except as provided by Subsection (b), a person who is not a sales agent or an employee of a sales agent commits an offense if the person intentionally or knowingly sells a ticket.
(b) A lottery operator may sell tickets to a sales agent. A person who is not a sales agent may distribute tickets as premiums to customers, employees, or other persons who deal with the person if no purchase is required to entitle the recipient to the ticket. A qualified organization as defined in Section 2002.002, Occupations Code, may distribute tickets as a prize in a raffle authorized by Chapter 2002, Occupations Code.
(c) An offense under this section is a felony of the third degree. |
|
|
| § 466.3054. GROUP PURCHASE ARRANGEMENTS |
| (a) A person commits an offense if, for financial gain, the person establishes or promotes a group purchase or pooling arrangement under which tickets are purchased on behalf of the group or pool and any prize is divided among the members of the group or pool, and the person intentionally or knowingly: |
(1) uses any part of the funds solicited or accepted for a purpose other than purchasing tickets on behalf of the group or pool; or
(2) retains a share of any prize awarded as compensation for establishing or promoting the group purchase or pooling arrangement. |
| (b) An offense under this section is a felony of the third degree. |
|
|
| § 466.306. FORGERY; ALTERATION OF TICKET |
(a) A person commits an offense if the person intentionally or knowingly alters or forges a ticket.
(b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that the prize alleged to be authorized by the ticket forged or altered is greater than $10,000, in which event the offense is a felony of the second degree. |
|
|
| § 466.307. INFLUENCING SELECTION OF WINNER |
(a) A person commits an offense if the person intentionally or knowingly influences or attempts to influence the selection of the winner of a lottery game.
(b) An offense under this section is a felony of the third degree unless it is shown on the trial of the offense that a prize in the game influenced or attempted to be influenced is greater than $10,000, in which event the offense is a felony of the second degree. |
|
|
| § 466.308. CLAIMING LOTTERY PRIZE BY FRAUD |
| (a) A person commits an offense if the person intentionally or knowingly: |
(1) claims a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation; or
(2) aids or agrees to aid another person or persons to claim a lottery prize or a share of a lottery prize by means of fraud, deceit, or misrepresentation. |
(b) In this section, "claim" includes an attempt to claim, without regard to whether the attempt is successful.
(c) An offense under this section is a Class A misdemeanor unless it is shown on the trial of the offense that:
|
(1) the amount claimed is greater than $200 but not more than $10,000, in which event the offense is a felony of the third degree;
(2) the amount claimed is greater than $10,000, in which event the offense is a felony of the second degree; or
(3) the person has previously been convicted of an offense under Section 466.306, 466.307, 466.309, 466.310, or this section, in which event the offense is a felony of the third degree, unless the offense is designated as a felony of the second degree under Subdivision (2). |
|
|
| § 466.309. TAMPERING WITH LOTTERY EQUIPMENT |
(a) A person commits an offense if the person intentionally or knowingly tampers with, damages, defaces, or renders inoperable any vending machine, electronic computer terminal, or other mechanical device used in a lottery game.
(b) An offense under this section is a felony of the third degree. |
|
|
| § 466.310. CERTAIN TRANSFERS OF CLAIMS |
| (a) A person commits an offense if the person: |
(1) induces another person to assign or transfer a right to claim a prize;
(2) offers for sale the right to claim a prize; or
(3) offers, for compensation, to claim the prize of another person. |
| (b) An offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the prize involved is greater than $10,000, in which event the offense is a felony of the second degree. |
|
|
| § 466.313. CONSPIRACY |
| (a) A person commits an offense of conspiracy if, with intent that an offense under this chapter be committed: |
(1) the person agrees with one or more other persons that they or one or more of them engage in conduct that would constitute the offense; and
(2) one or more of the persons agreeing under Subdivision (1) performs an overt act in pursuance of the agreement. |
(b) An agreement constituting a conspiracy may be inferred from acts of the parties.
(c) It is no defense to prosecution for conspiracy under this section that: |
(1) one or more of the coconspirators is not criminally responsible for the object offense;
(2) one or more of the coconspirators has been acquitted, so long as at least two coconspirators have not been acquitted;
(3) one or more of the coconspirators has not been prosecuted or convicted, has been convicted of a different offense, or is immune from prosecution;
(4) the actor belongs to a class of persons that by definition of the object offense is legally incapable of committing the object offense in an individual capacity; or
(5) the object offense was not actually committed. |
| (d) An offense under this section is one category lower than the most serious offense under this chapter that is the object of the conspiracy, and if the most serious offense under this chapter that is the object of the conspiracy is a felony of the third degree, the offense is a Class A misdemeanor. |
|
|
|
CHAPTER 557. SEDITION, SABOTAGE, AND COMMUNISM
§ 557.001. SEDITION
|
| (a) A person commits an offense if the person knowingly: |
(1) commits, attempts to commit, or conspires with one or more persons to commit an act intended to overthrow, destroy, or alter the constitutional form of government of this state or of any political subdivision of this state by force or violence;
(2) under circumstances that constitute a clear and present danger to the security of this state or a political subdivision of this state, advocates, advises, or teaches or conspires with one or more persons to advocate, advise, or teach a person to commit or attempt to commit an act described in Subdivision (1); or
(3) participates, with knowledge of the nature of the organization, in the management of an organization that engages in or attempts to engage in an act intended to overthrow, destroy, or alter the constitutional form of government of this state or of any political subdivision of this state by force or violence. |
| (b) An offense under this section is a felony punishable by: |
(1) a fine not to exceed $20,000;
(2) confinement in the institutional division of the Texas Department of Criminal Justice for a term of not less than one year or more than 20 years; or
(3) both fine and imprisonment. |
| (c) A person convicted of an offense under this section may not receive probation under Article 42.12, Code of Criminal Procedure. |
|
|
| § 557.011. SABOTAGE |
(a) A person commits an offense if the person, with the intent to injure the United States, this state, or any facility or property used for national defense sabotages or attempts to sabotage any property or facility used or to be used for national defense.
(b) An offense under this section is a felony punishable by confinement in the institutional division of the Texas Department of Criminal Justice for a term of not less than two years or more than 20 years.
(c) If conduct constituting an offense under this section also constitutes an offense under another provision of law, the actor may be prosecuted under both sections.
(d) In this section, "sabotage" means to wilfully and maliciously damage or destroy property. |
|
|
| § 557.012. CAPITAL SABOTAGE |
(a) A person commits an offense if the person commits an offense under Section 557.011(a) and the sabotage or attempted sabotage causes the death of an individual.
(b) An offense under this section is punishable by: |
(1) death; or
(2) confinement in the institutional division of the Texas Department of Criminal Justice for: |
(A) life; or
(B) a term of not less than two years. |
| (c) If conduct constituting an offense under this section also constitutes an offense under other law, the actor may be prosecuted under both sections. |
|
|
|
CHAPTER 618. UNIFORM FACSIMILE SIGNATURE OF PUBLIC OFFICIALS ACT
§ 618.009. FRAUDULENT PLACEMENT OF FACSIMILE SIGNATURE OR SEAL; OFFENSE
|
| (a) A person commits an offense if, with intent to defraud, the person places on a public security, instrument of payment, certificate of assessment or eligible contract: |
(1) a facsimile signature or a reproduction of a facsimile signature; or
(2) a facsimile seal, or a reproduction of a facsimile seal, of this state, a political subdivision of this state, or a department, agency, or instrumentality of this state or a political subdivision of this state. |
| (b) An offense under this section is a felony punishable by imprisonment in the institutional division of the Texas Department of Criminal Justice for any term of not more than seven years or less than two years. |
|
|
|
SUBTITLE B. EMPLOYEES RETIREMENT SYSTEM OF TEXAS
§ 811.101. CONVERSION OF FUNDS; FRAUD
|
(a) A person commits an offense if the person knowingly or intentionally confiscates, misappropriates, or converts funds representing deductions from a member's salary either before or after the funds are received by the retirement system.
(b) A person commits an offense if the person knowingly or intentionally makes a false statement or falsifies or permits to be falsified any record of the retirement system in an attempt to defraud the retirement system.
(c) A member commits an offense if the member knowingly receives as a salary money that should have been deducted as provided by this subtitle from the member's salary.
(d) A person commits an offense if the person knowingly or intentionally violates an applicable requirement of this subtitle other than one described by Subsection (a), (b), or (c). |
|
|
| § 811.102. PENALTIES |
(a) An offense under Section 811.101(a) or 811.101(b) is a felony punishable by imprisonment in the Texas Department of Corrections for not less than one nor more than five years.
(b) An offense under Section 811.101(c) is a misdemeanor punishable by a fine of not less than $100 nor more than $5,000.
(c) An offense under Section 811.101(d) is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000. |
|
|
|
SUBTITLE C. TEACHER RETIREMENT SYSTEM OF TEXAS
§ 821.101. CONVERSION OF FUNDS; FRAUD
|
(a) A person commits an offense if the person knowingly or intentionally confiscates, misappropriates, or converts funds that represent deductions from a member's salary or that belong to the retirement system.
(b) A person commits an offense if the person knowingly or intentionally makes or permits the making of a false record for or statement to the retirement system in an attempt to defraud the retirement system.
(c) A member commits an offense if the member intentionally receives as a salary money that should have been deducted as provided by this subtitle from the member's salary.
(d) A person commits an offense if the person knowingly or intentionally violates a requirement of this subtitle other than ones described by Subsection (a), (b), or (c). |
|
|
| § 821.102. PENALTIES |
(a) An offense under Section 821.101(a) or 821.101(b) is a felony punishable by imprisonment in the Texas Department of Corrections for not less than one nor more than five years.
(b) An offense under Section 821.101(c) is a misdemeanor punishable by a fine of not less than $100 nor more than $500.
(c) An offense under Section 821.101(d) is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000. |
|
|
|
CHAPTER 2161. HISTORICALLY UNDERUTILIZED BUSINESSES
§ 2161.231. PENALTY
|
| (a) A person commits an offense if the person: |
(1) intentionally applies as a historically underutilized business for an award of a purchasing contract or public works contract under this subtitle; and
(2) knows the person is not a historically underutilized business. |
| (b) An offense under this section is a third degree felony. |
