| SUBTITLE D. PREVENTION, CONTROL, AND REPORTS OF DISEASES CHAPTER 81. COMMUNICABLE DISEASES
§ 81.085. AREA QUARANTINE; CRIMINAL PENALTY
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(a) If an outbreak of communicable disease occurs in this state, the commissioner or one or more health authorities may impose an area quarantine coextensive with the area affected. The commissioner may impose an area quarantine, if the commissioner has reasonable cause to believe that individuals or property in the area may be infected or contaminated with a communicable disease, for the period necessary to determine whether an outbreak of communicable disease has occurred. A health authority may impose the quarantine only within the boundaries of the health authority's jurisdiction.
(b) A health authority may not impose an area quarantine until the authority consults with the department. A health authority that imposes an area quarantine shall give written notice to and shall consult with the governing body of each county and municipality in the health authority's jurisdiction that has territory in the affected area as soon as practicable.
(c) The department may impose additional disease control measures in a quarantine area that the department considers necessary and most appropriate to arrest, control, and eradicate the threat to the public health. Absent preemptive action by the department under this chapter or by the governor under Chapter 418, Government Code (Texas Disaster Act of 1975), a health authority may impose in a quarantine area under the authority's jurisdiction additional disease control measures that the health authority considers necessary and most appropriate to arrest, control, and eradicate the threat to the public health.
(d) If an affected area includes territory in an adjacent state, the department may enter into cooperative agreements with the appropriate officials or agencies of that state to: |
(1) exchange morbidity, mortality, and other technical information;
(2) receive extrajurisdictional inspection reports;
(3) coordinate disease control measures;
(4) disseminate instructions to the population of the area, operators of interstate private or common carriers, and private vehicles in transit across state borders; and
(5) participate in other public health activities appropriate to arrest, control, and eradicate the threat to the public health. |
(e) The department or health authority may use all reasonable means of communication to inform persons in the quarantine area of the department's or health authority's orders and instructions during the period of area quarantine. The department or health authority shall publish at least once each week during the area quarantine period, in a newspaper of general circulation in the area, a notice of the orders or instructions in force with a brief explanation of their meaning and effect. Notice by publication is sufficient to inform persons in the area of their rights, duties, and obligations under the orders or instructions.
(f) The department or, with the department's consent, a health authority may terminate an area quarantine.
(g) To provide isolation and quarantine facilities during an area quarantine, the commissioner's court of a county, the governing body of a municipality, or the governing body of a hospital district may suspend the admission of patients desiring admission for elective care and treatment, except for needy or indigent residents for whom the county, municipality, or district is constitutionally or statutorily required to care.
(h) A person commits an offense if the person knowingly fails or refuses to obey a rule, order, or instruction of the department or an order or instruction of a health authority issued under a department rule and published during an area quarantine under this section. An offense under this subsection is a felony of the third degree.
(i) On request of the department during a public health disaster, an individual shall disclose the individual's immunization information. If the individual does not have updated or appropriate immunizations, the department may take appropriate action during a quarantine to protect that individual and the public from the communicable disease. |
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| § 81.089. TRANSPORTATION; CRIMINAL PENALTY |
| (a) A person commits an offense if, before notifying the department or health authority at a port of entry or a place of first landing or first arrival in this state, the person knowingly or intentionally: |
(1) transports or causes to be transported into this state an object the person knows or suspects may be infected or contaminated with a communicable disease that is a threat to the public health;
(2) transports or causes to be transported into this state an individual who the person knows has or is the carrier of a communicable disease that is a threat to the public health; or
(3) transports or causes to be transported into this state a person, animal, or object in a private or common carrier or a private conveyance that the person knows is or suspects may be infected or contaminated with a communicable disease that is a threat to the public health. (b) An offense under this section is a Class A misdemeanor, except that if the person acts with the intent to harm or defraud another, the offense is a felony of the third degree. |
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CHAPTER 108. TEXAS HEALTH CARE INFORMATION COUNCIL
§ 108.0141. CRIMINAL PENALTY
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(a) A person who knowingly accesses data in violation of this chapter or who with criminal negligence releases data in violation of this chapter commits an offense.
(b) An offense under this section is a state jail felony. |
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CHAPTER 161. SUBCHAPTER R. DELIVERY SALES OF CIGARETTES
§ 161.459. KNOWING VIOLATION
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(a) A person who knowingly violates a provision of this subchapter or who knowingly submits a certification under Section 161.453(a)(1) in another person's name commits an offense.
(b) An offense under this section is a felony of the third degree. |
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CHAPTER 167. FEMALE GENITAL MUTILATION
§ 167.001. FEMALE GENITAL MUTILATION PROHIBITED
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(a) A person commits an offense if the person knowingly circumcises, excises, or infibulates any part of the labia majora or labia minora or clitoris of another person who is younger than 18 years of age.
(b) An offense under this section is a state jail felony.
(c) It is a defense to prosecution under Subsection (a) that: |
(1) the person performing the act is a physician or other licensed health care professional and the act is within the scope of the person's license; and
(2) the act is performed for medical purposes. |
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CHAPTER 195. ENFORCEMENT OF VITAL STATISTICS REPORTING
§ 195.003. FALSE RECORDS
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| (a) A person commits an offense if the person intentionally or knowingly makes a false statement or directs another person to make a false statement in: |
(1) a certificate, record, or report required under this title;
(2) an application for an amendment of a certificate, record, or report required under this title;
(3) an application for a delayed birth certificate or delayed death certificate; or
(4) an application for a certified copy of a vital record. |
(b) A person commits an offense if the person intentionally or knowingly supplies false information, or intentionally or knowingly creates a false record, or directs another person to supply false information or create a false record, for use in the preparation of a certificate, record, report, or amendment under this title.
(c) A person commits an offense if the person, without lawful authority and with intent to deceive, makes, counterfeits, alters, amends, or mutilates or directs another person to make, counterfeit, alter, amend, or mutilate: |
(1) a certificate, record, or report required under this title; or
(2) a certified copy of a certificate, record, or report required under this title. |
| (d) A person commits an offense if the person, for purposes of deception, intentionally or knowingly obtains, possesses, uses, sells, or furnishes, or attempts or directs another person to attempt to obtain, possess, use, sell, or furnish a certificate, record, or report required under this title, or a certified copy of a certificate, record, or report required under this title, if the document: |
(1) is made, counterfeited, altered, amended, or mutilated without lawful authority and with intent to deceive;
(2) is false in whole or in part; or
(3) relates to the birth of another individual. |
(e) A person commits an offense if the person intentionally or knowingly fraudulently identifies himself or herself to obtain or return registration forms, certificates, or any other forms required under this title.
(f) An offense under this section is a felony of the third degree.
(g) In this section, "person" means an individual, corporation, or association.
(h) If a person is convicted of an offense under this section, the court shall order as a condition of probation that the person cannot obtain a certificate, record, or report to which this section applies or practice midwifery, and the Texas Department of Criminal Justice shall require as a condition of parole that the person cannot obtain a certificate, record, or report to which this section applies or practice midwifery. |
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CHAPTER 242. CONVALESCENT AND NURSING HOMES AND RELATED INSTITUTIONS
§ 242.045. DISCLOSURE OF UNANNOUNCED INSPECTIONS; CRIMINAL PENALTY
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(a) Except as expressly provided by this chapter, a person commits an offense if the person intentionally, knowingly, or recklessly discloses to an unauthorized person the date, time, or any other fact about an unannounced inspection of an institution before the inspection occurs.
(b) In this section, "unauthorized person" does not include: |
(1) the department;
(2) the office of the attorney general;
(3) a statewide organization for the elderly, including the American Association of Retired Persons, the Texas Senior Citizen Association, and the Texas Retired Federal Employees;
(4) an ombudsman or representative of the Texas Department on Aging;
(5) a representative of an agency or organization when a Medicare or Medicaid survey is made concurrently with a licensing inspection; or
(6) any other person or entity authorized by law to make an inspection or to accompany an inspector. |
(c) An offense under this section is a third degree felony.
(d) A person convicted under this section is not eligible for state employment. |
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CHAPTER 311. POWERS AND DUTIES OF HOSPITALS
§ 311.022. DISCRIMINATION PROHIBITED IN DENIAL OF SERVICES; CRIMINAL PENALTIES.
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| (a) An officer, employee, or medical staff member of a general hospital may not deny emergency services because a person cannot establish the person's ability to pay for the services or because of the person's race, religion, or national ancestry if: |
(1) the services are available at the hospital; and
(2) the person is diagnosed by a licensed physician as requiring those services. |
(b) An officer or employee of a general hospital may not deny a person in need of emergency services access to diagnosis by a licensed physician on the hospital staff because the person cannot establish the person's ability to pay for the services or because of the person's race, religion, or national ancestry.
(c) In addition, the person needing emergency services may not be subjected to arbitrary, capricious, or unreasonable discrimination based on age, sex, physical condition, or economic status.
(d) An officer, employee, or medical staff member of a general hospital commits an offense if that person recklessly violates this section. An offense under this subsection is a Class B misdemeanor, except that if the offense results in permanent injury, permanent disability, or death, the offense is a Class A misdemeanor.
(e) An officer, employee, or medical staff member of a general hospital commits an offense if that person intentionally or knowingly violates this section. An offense under this subsection is a Class A misdemeanor, except that if, as a direct result of the offense, a person denied emergency services dies, the offense is a felony of the third degree. |
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CHAPTER 365. LITTER
§ 365.012. ILLEGAL DUMPING; CRIMINAL PENALTIES
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(a) A person commits an offense if the person disposes or allows or permits the disposal of litter or other solid waste at a place that is not an approved solid waste site, including a place on or within 300 feet of a public highway, on a right-of-way, on other public or private property, or into inland or coastal water of the state.
(b) A person commits an offense if the person receives litter or other solid waste for disposal at a place that is not an approved solid waste site, regardless of whether the litter or other solid waste or the land on which the litter or other solid waste is disposed is owned or controlled by the person.
(c) A person commits an offense if the person transports litter or other solid waste to a place that is not an approved solid waste site for disposal at the site.
(d) An offense under this section is a Class C misdemeanor if the litter or other solid waste to which the offense applies weighs five pounds or less or has a volume of five gallons or less.
(e) An offense under this section is a Class B misdemeanor if the litter or other solid waste to which the offense applies weighs more than five pounds but less than 500 pounds or has a volume of more than five gallons but less than 100 cubic feet.
(f) An offense under this section is a Class A misdemeanor if: |
(1) the litter or other solid waste to which the offense applies weighs 500 pounds or more but less than 1,000 pounds or has a volume of 100 cubic feet or more but less than 200 cubic feet; or
(2) the litter or other solid waste is disposed for a commercial purpose and weighs more than five pounds but less than 200 pounds or has a volume of more than five gallons but less than 200 cubic feet. |
| (g) An offense under this section is a state jail felony if the litter or solid waste to which the offense applies: |
(1) weighs 1,000 pounds or more or has a volume of 200 cubic feet or more;
(2) is disposed of for a commercial purpose and weighs 200 pounds or more or has a volume of 200 cubic feet or more; or
(3) is contained in a closed barrel or drum. |
(h) If it is shown on the trial of the defendant for an offense under this section that the defendant has previously been convicted of an offense under this section, the punishment for the offense is increased to the punishment for the next highest category.
(i) On conviction for an offense under this section, the court shall provide to the defendant written notice that a subsequent conviction for an offense under this section may result in the forfeiture under Chapter 59, Code of Criminal Procedure, of the vehicle used by the defendant in committing the offense.
(j) The offenses prescribed by this section include the unauthorized disposal of litter or other solid waste in a dumpster or similar receptacle.
(k) This section does not apply to the temporary storage for future disposal of litter or other solid waste by a person on land owned by that person, or by that person's agent. The commission by rule shall regulate temporary storage for future disposal of litter or other solid waste by a person on land owned by the person or the person's agent.
(l) This section does not apply to an individual's disposal of litter or other solid waste if: |
(1) the litter or waste is generated on land the individual owns;
(2) the litter or waste is not generated as a result of an activity related to a commercial purpose;
(3) the disposal occurs on land the individual owns; and
(4) the disposal is not for a commercial purpose. |
(m) A municipality or county may offer a reward of $50 for reporting a violation of this section that results in a prosecution under this section.
(n) An offense under this section may be prosecuted without alleging or proving any culpable mental state, unless the offense is a state jail felony.
(o) For purposes of a prosecution under Subsection (g), a generator creates a rebuttable presumption of lack of culpable mental state if the generator of the solid waste to be disposed of secures, prior to the hauler's receipt of the solid waste, a signed statement from the hauler that the solid waste will be disposed of legally. The statement shall include the hauler's valid Texas driver's license number. |
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| § 365.016. DISPOSAL OF LITTER IN A CAVE; CRIMINAL PENALTY |
(a) A person commits an offense if the person disposes litter, a dead animal, sewage, or any chemical in a cave.
(b) An offense under this section is a Class C misdemeanor unless: |
(1) it is shown on the trial of the defendant that the defendant previously has been convicted once of an offense under this section, in which event the offense is a Class A misdemeanor; or
(2) it is shown on the trial of the defendant that the defendant previously has been convicted two or more times of an offense under this section, in which event the offense is a felony of the third degree. |
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CHAPTER 382. CLEAN AIR ACT
§ 382.214. SALE OF VEHICLE WITH INTENT TO DEFRAUD
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(a) A person who with intent to defraud sells a vehicle in an accelerated vehicle retirement program established under Section 382.209 commits an offense that is a third degree felony.
(b) Sale of a vehicle in an accelerated vehicle retirement program includes: |
(1) sale of the vehicle to retire the vehicle under the program; and
(2) sale of a vehicle purchased for retirement under the program. |
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CHAPTER 431. TEXAS FOOD, DRUG, AND COSMETIC ACT
CHAPTER 433. TEXAS MEAT AND POULTRY INSPECTION ACT
§ 433.081. GENERAL CRIMINAL PENALTY
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(a) A person commits an offense if the person violates a provision of this chapter for which this chapter does not provide another criminal penalty.
(b) Except as provided by Subsection (c), an offense under this section is punishable by a fine of not more than $1,000, imprisonment for not more than one year, or both.
(c) If an offense under this section involves intent to defraud or a distribution or attempted distribution of an adulterated article, except adulteration described by Section 433.004(11), (12), or (13), the offense is punishable by a fine of not more than $10,000, imprisonment for not more than three years, or both.
(d) A person does not commit an offense under this section by receiving for transportation an article in violation of this chapter if the receipt is in good faith and if the person furnishes, on request of a representative of the commission: |
(1) the name and address of the person from whom the article is received; and
(2) any document pertaining to the delivery of the article. |
| (e) This chapter does not require the commissioner to report for prosecution, or for institution of complaint or injunction proceedings, a minor violation of this chapter if the commissioner believes that the public interest will be adequately served by a suitable written warning notice. |
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| § 433.091. FALSE REPORT; FAILURE TO REPORT; CRIMINAL PENALTY |
| (a) A person commits an offense if the person intentionally: |
(1) makes or causes to be made a false entry in an account, record, or memorandum kept by a person subject to this chapter;
(2) neglects or fails to make or cause to be made full entries in an account, record, or memorandum kept by a person subject to this chapter of all facts and transactions pertaining to the person's business;
(3) removes from the jurisdiction of this state or mutilates, alters, or otherwise falsifies documentary evidence of a person subject to this chapter; or
(4) refuses to submit to the commissioner or to the commissioner's authorized agent, for inspection and copying, documentary evidence in the person's possession or control of a person subject to this chapter. |
| (b) An offense under this section is punishable by a fine of not less than $1,000 or more than $5,000, imprisonment for not more than three years, or both. |
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CHAPTER 481. TEXAS CONTROLLED SUBSTANCE ACT
CHAPTER 482. SIMULATED CONTROLLED SUBSTANCES
§ 482.002. UNLAWFUL DELIVERY OR MANUFACTURE WITH INTENT TO DELIVER; CRIMINAL PENALTY
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| (a) A person commits an offense if the person knowingly or intentionally manufactures with the intent to deliver or delivers a simulated controlled substance and the person: |
(1) expressly represents the substance to be a controlled substance;
(2) represents the substance to be a controlled substance in a manner that would lead a reasonable person to believe that the substance is a controlled substance; or
(3) states to the person receiving or intended to receive the simulated controlled substance that the person may successfully represent the substance to be a controlled substance to a third party. |
| (b) It is a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance was: |
(1) acting in the discharge of the person's official duties as a peace officer;
(2) manufacturing the substance for or delivering the substance to a licensed medical practitioner for use as a placebo in the course of the practitioner's research or practice; or
(3) a licensed medical practitioner, pharmacist, or other person authorized to dispense or administer a controlled substance, and the person was acting in the legitimate performance of the person's professional duties. |
(c) It is not a defense to prosecution under this section that the person manufacturing with the intent to deliver or delivering the simulated controlled substance believed the substance to be a controlled substance.
(d) An offense under this section is a state jail felony. |
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| CHAPTER 483. DANGEROUS DRUGS
§ 483.042. DELIVERY OR OFFER OF DELIVERY OF DANGEROUS DRUG
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| (a) A person commits an offense if the person delivers or offers to deliver a dangerous drug: |
| (1) unless: |
| (A) the dangerous drug is delivered or offered for delivery by a pharmacist under: |
(i) a prescription issued by a practitioner described by Section 483.001(12)(A) or (B);
(ii) a prescription signed by a registered nurse or physician assistant in accordance with Subchapter B, Chapter 157, Occupations Code; or
(iii) an original written prescription issued by a practitioner described by Section 483.001(12)(C); and |
| (B) a label is attached to the immediate container in which the drug is delivered or offered to be delivered and the label contains the following information: |
(i) the name and address of the pharmacy from which the drug is delivered or offered for delivery;
(ii) the date the prescription for the drug is dispensed;
(iii) the number of the prescription as filed in the prescription files of the pharmacy from which the prescription is dispensed;
(iv) the name of the practitioner who prescribed the drug and, if applicable, the name of the registered nurse or physician assistant who signed the prescription;
(v) the name of the patient and, if the drug is prescribed for an animal, a statement of the species of the animal; and
(vi) directions for the use of the drug as contained in the prescription; or |
| (2) unless: |
| (A) the dangerous drug is delivered or offered for delivery by: |
(i) a practitioner in the course of practice; or
(ii) a registered nurse or physician assistant in the course of practice in accordance with Subchapter B, Chapter 157, Occupations Code; and |
| (B) a label is attached to the immediate container in which the drug is delivered or offered to be delivered and the label contains the following information: |
(i) the name and address of the practitioner who prescribed the drug, and if applicable, the name and address of the registered nurse or physician assistant;
(ii) the date the drug is delivered;
(iii) the name of the patient and, if the drug is prescribed for an animal, a statement of the species of the animal; and
(iv) the name of the drug, the strength of the drug, and directions for the use of the drug. |
(b) Subsection (a) does not apply to the delivery or offer for delivery of a dangerous drug to a person listed in Section 483.041(c) for use in the usual course of business or practice or in the performance of official duties by the person.
(c) Proof of an offer to sell a dangerous drug must be corroborated by a person other than the offeree or by evidence other than a statement by the offeree.
(d) An offense under this section is a state jail felony.
(e) The labeling provisions of Subsection (a) do not apply to a dangerous drug prescribed or dispensed for administration to a patient who is institutionalized. The board shall adopt rules for the labeling of such a drug.
(f) Provided all federal requirements are met, the labeling provisions of Subsection (a) do not apply to a dangerous drug prescribed or dispensed for administration to food production animals in an agricultural operation under a written medical directive or treatment guideline from a veterinarian licensed under Chapter 801, Occupations Code. |
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| § 483.043. MANUFACTURE OF DANGEROUS DRUG |
(a) A person commits an offense if the person manufactures a dangerous drug and the person is not authorized by law to manufacture the drug.
(b) An offense under this section is a state jail felony. |
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CHAPTER 485. ABUSABLE VOLATILE CHEMICALS
§ 485.032. DELIVERY TO A MINOR
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(a) A person commits an offense if the person knowingly delivers an abusable volatile chemical to a person who is younger than 18 years of age.
(b) It is a defense to prosecution under this section that: |
(1) the abusable volatile chemical that was delivered contains additive material that effectively discourages intentional abuse by inhalation; or
(2) the person making the delivery is not the manufacturer of the chemical and the manufacturer of the chemical failed to label the chemical with the statement of principal hazard on the principal display panel "VAPOR HARMFUL" or other labeling requirement subsequently established under the Federal Hazardous Substances Act (15 U.S.C. Section 1261 et seq.), as amended, or regulations subsequently adopted under that Act. |
| (c) It is an affirmative defense to prosecution under this section that: |
| (1) the person making the delivery is an adult having supervisory responsibility over the person younger than 18 years of age and: |
(A) the adult permits the use of the abusable volatile chemical only under the adult's direct supervision and in the adult's presence and only for its intended purpose; and
(B) the adult removes the chemical from the person younger than 18 years of age on completion of that use; or |
| (2) the person to whom the abusable volatile chemical was delivered presented to the defendant an apparently valid Texas driver's license or an identification certificate, issued by the Department of Public Safety of the State of Texas and containing a physical description consistent with the person's appearance, that purported to establish that the person was 18 years of age or older. |
(d) Except as provided by Subsections (e) and (f), an offense under this section is a state jail felony.
(e) An offense under this section is a Class B misdemeanor if it is shown on the trial of the defendant that at the time of the delivery the defendant or the defendant's employer held a volatile chemical sales permit for the location of the sale.
(f) An offense under this section is a Class A misdemeanor if it is shown on the trial of the defendant that at the time of the delivery the defendant or the defendant's employer: |
(1) did not hold a volatile chemical sales permit but did hold a sales tax permit for the location of the sale; and
(2) had not been convicted previously under this section for an offense committed after January 1, 1988. |
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CHAPTER 504. ANHYDROUS AMMONIA
§ 504.001. OFFENSE: POSSESSION OR TRANSPORT
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| (a) A person commits an offense if the person: |
(1) possesses and maintains anhydrous ammonia in a container or receptacle that is not designed and manufactured to hold anhydrous ammonia; or
(2) transports anhydrous ammonia in a container or receptacle that is not designed and manufactured to transport anhydrous ammonia. |
| (b) An offense under this section is a felony of the third degree. |
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| § 504.002. OFFENSE: USE OF EQUIPMENT |
| (a) A person commits an offense if the person: |
(1) uses, delivers, or sells a container or receptacle designed and manufactured to hold anhydrous ammonia without the express consent of the owner of the container or receptacle; or
(2) tampers with equipment manufactured and used to hold, apply, or transport anhydrous ammonia without the express consent of the owner of the equipment. |
| (b) An offense under this section is a felony of the third degree. |
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CHAPTER 508. AREA QUARANTINE FOR ENVIRONMENTAL OR TOXIC AGENT
§ 508.004. CRIMINAL PENALTY
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| A person commits an offense if the person knowingly fails or refuses to obey an order or instruction of the commissioner of public health or a health authority issued under this chapter and published during an area quarantine under this section. An offense under this subsection is a felony of the third degree. |
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CHAPTER 535. SUPPORT SERVICES
§ 535.014. CRIMINAL PENALTY
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| (a) A person commits an offense if the person, in obtaining or attempting to obtain assistance under this chapter for himself or another person: |
(1) makes or causes to be made a statement or representation the person knows to be false; or
(2) solicits or accepts any assistance for which the person knows he, or the person for whom the solicitation is made, is not eligible. |
| (b) An offense under this section is a felony of the third degree. |
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CHAPTER 711. GENERAL PROVISIONS RELATING TO CEMETERIES
§ 711.0311. DESECRATION OF CEMETERY
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| (a) A person commits an offense if the person acts without proper legal authority and knowingly: |
(1) destroys or damages the remains of a decedent;
(2) removes any portion of the remains of a decedent from a plot or other repository of remains;
(3) desecrates remains; or
(4) obliterates, vandalizes, or desecrates a plot or other repository of remains. |
| (b) An offense under Subsection (a) is a felony of the third degree. The person found guilty of committing the offense shall provide restitution to the cemetery organization for any damage caused by the person. |
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CHAPTER 841. CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
§ 841.085. CRIMINAL PENALTY
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| A person commits an offense if the person violates a requirement imposed under Section 841.082. An offense under this section is a felony of the third degree. |
