|
CHAPTER 102. SOLICITATION OF PATIENTS
§ 102.001. SOLICITING PATIENTS; OFFENSE
|
(a) A person commits an offense if the person knowingly offers to pay or agrees to accept, directly or indirectly, overtly or covertly any remuneration in cash or in kind to or from another for securing or soliciting a patient or patronage for or from a person licensed, certified, or registered by a state health care regulatory agency.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the person: |
(1) has previously been convicted of an offense under this section; or
(2) was employed by a federal, state, or local government at the time of the offense. |
 |
|
| § 102.006. FAILURE TO DISCLOSE; OFFENSE |
| (a) A person commits an offense if: |
(1) the person, in a manner otherwise permitted under Section 102.001, accepts remuneration to secure or solicit a patient or patronage for a person licensed, certified, or registered by a state health care regulatory agency; and
(2) does not, at the time of initial contact and at the time of referral, disclose to the patient: |
(A) the person's affiliation, if any, with the person for whom the patient is secured or solicited; and
(B) that the person will receive, directly or indirectly, remuneration for securing or soliciting the patient. |
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the person: |
(1) has previously been convicted of an offense under this section; or
(2) was employed by a federal, state, or local government at the time of the offense. |
|
|
|
Subtitle B: Physicians.
§ 165.152. PRACTICING MEDICINE IN VIOLATION OF SUBTITLE
|
(a) A person commits an offense if the person practices medicine in this state in violation of this subtitle [on Physicians].
(b) Each day a violation continues constitutes a separate offense.
(c) An offense under Subsection (a) is a felony of the third degree.
(d) On final conviction of an offense under this section, a person forfeits all rights and privileges conferred by virtue of a license issued under this subtitle. |
|
|
| § 165.153. CRIMINAL PENALTIES FOR ADDITIONAL HARM |
| (a) A person commits an offense if the person practices medicine without a license or permit and causes another person: |
(1) physical or psychological harm; or
(2) financial harm. |
(b) An offense under Subsection (a)(1) is a felony of the third degree.
(c) An offense under Subsection (a)(2) is a state jail felony. |
|
|
| § 165.1535. PERFORMING SURGERY WHILE INTOXICATED |
(a) In this section, "intoxicated" has the meaning assigned by Section 49.01, Penal Code.
(b) A person commits an offense if the person is licensed or regulated under this subtitle, performs surgery on a patient while intoxicated, and, by reason of that conduct, places the patient at a substantial and unjustifiable risk of harm.
(c) An offense under this section is a state jail felony.
(d) It is an affirmative defense to prosecution under this section that the actor performed the surgery in an emergency. In this subsection, "emergency" means a condition or circumstance in which a reasonable person with education and training similar to that of the actor would assume that the person on whom the surgery was performed was in imminent danger of serious bodily injury or death. |
|
|
|
CHAPTER 201. CHIROPRACTORS
§ 201.605. CRIMINAL PENALTY: PRACTICE WITHOUT LICENSE
|
(a) A person commits an offense if the person violates Section 201.301.
(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.
(c) If it is shown on the trial of the offense that the defendant has been previously convicted under Subsection (a), the offense is a felony of the third degree.
(d) Each day of violation constitutes a separate offense. |
|
|
| CHAPTER 204. PHYSICIAN ASSISTANTS
§ 204.352. CRIMINAL PENALTY
|
| (a) A person commits an offense if, without holding a license issued under this chapter, the person: |
(1) holds the person out as a physician assistant;
(2) uses any combination or abbreviation of the term "physician assistant" to indicate or imply that the person is a physician assistant; or
(3) acts as a physician assistant. |
| (b) An offense under this section is a felony of the third degree. |
|
|
| CHAPTER 205. ACUPUNCTURE
§ 205.401. CRIMINAL PENALTY
|
(a) Except as provided by Section 205.303, a person commits an offense if the person practices acupuncture in this state without a license issued under this chapter.
(b) Each day a person practices acupuncture in violation of Subsection (a) constitutes a separate offense.
(c) An offense under Subsection (a) is a felony of the third degree. |
|
|
| SUBTITLE D. DENTISTRY
§ 264.151. CRIMINAL PENALTY
|
(a) A person commits an offense if the person violates this subtitle.
(b) An offense under this section is a Class A misdemeanor.
(c) A violation under this section does not include a violation to which Section 262.203 applies.
(d) If it is shown at the trial of an offense under this section that the defendant was previously convicted under this section or if the offense involves practicing without an appropriate board license, the offense is a felony of the third degree.
(e) Each day of a violation is a separate offense. |
|
|
| § 266.303. CRIMINAL PENALTIES |
| (a) A person commits an offense if the person: |
(1) is a dentist and provides a dental laboratory service without being exempt under Section 266.002(2); or
(2) violates Section 266.151 or 266.301. |
(b) An offense for a violation of Section 266.151 or Section 266.301(b) is a felony of the third degree.
(c) An offense for a violation of Section 266.301(c) or (d) is a Class C misdemeanor. If it is shown on the trial of an offense under this section that the defendant has previously been convicted for an offense under this subsection, the offense is a Class A misdemeanor. |
|
|
| CHAPTER 301. NURSES
§ 301.554. CRIMINAL PENALTY
|
(a) A person commits an offense if the person violates Section 301.451 [Ed Note: Forbids license fraud] or Section 301.251 [Ed Note: Requires licensing].
(b) An offense under Subsection (a) is a Class A misdemeanor, except that if it is shown on the trial of the offense that the defendant has been previously convicted under Subsection (a), the offense is a felony of the third degree.
(c) Each day of violation constitutes a separate offense.
(d) On final conviction of an offense under Subsection (a), the defendant forfeits all rights and privileges conferred by a license issued under this chapter. |
|
|
| CHAPTER 1701. LAW ENFORCEMENT OFFICERS
§ 1701.553. CRIMINAL PENALTY FOR APPOINTMENT OR RETENTION OF PERSONS WITH CERTAIN CONVICTIONS
|
(a) A person commits an offense if the person appoints or retains an individual as an officer, public security officer, or county jailer in violation of Section 1701.312 or 1701.313. [Ed Note: This prohibits felons, those under community supervision, and those convicted of barratry from holding such positions.]
(b) An offense under Subsection (a) is a state jail felony. |
|
|
| CHAPTER 1702. PRIVATE SECURITY
§ 1702.384. FALSIFICATION OF CERTAIN DOCUMENTS; OFFENSE
|
(a) A person commits an offense if the person knowingly falsifies fingerprints or photographs submitted under Section 1702.110.
(b) An offense under this section is a felony of the third degree. |
|
|
| § 1702.3863. UNAUTHORIZED CONTRACT WITH BAIL BOND SURETY; OFFENSE |
| (a) A person commits an offense if the person contracts with or is employed by a bail bond surety as defined by Chapter 1704 to secure the appearance of a person who has violated Section 38.10, Penal Code, unless the person is: |
(1) a peace officer;
(2) an individual licensed as a private investigator or the manager of a licensed investigations company; or
(3) a commissioned security officer employed by a licensed guard company. |
| (b) An offense under Subsection (a) is a state jail felony. |
|
|
| § 1702.3867. EXECUTION OF CAPIAS OR ARREST WARRANT; OFFENSE |
| (a) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety may not: |
(1) enter a residence without the consent of the occupants;
(2) execute the capias or warrant without written authorization from the surety;
(3) wear, carry, or display any uniform, badge, shield, or other insignia or emblem that implies that the private investigator is an employee, officer, or agent of the federal government, the state, or a political subdivision of the state; or
(4) notwithstanding Section 9.51, Penal Code, use deadly force. |
(b) Notwithstanding Subsection (a)(3), a private investigator may display identification that indicates that the person is acting on behalf of a bail bond surety.
(c) A private investigator executing a capias or an arrest warrant on behalf of a bail bond surety shall immediately take the person arrested to: |
| (1) if the arrest is made in the county in which the capias or warrant was issued: |
| (A) the county jail for that county if: |
(i) the offense is a Class A or Class B misdemeanor or a felony; or
(ii) the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of that county; or |
| (B) the municipal jail for the appropriate municipality if the offense is a Class C misdemeanor and the capias or warrant was issued by a magistrate of the municipality; or |
| (2) if the arrest is made in a county other than the county in which the capias or warrant was issued, the county jail for the county in which the arrest is made. |
| (d) A person commits an offense if the person violates this section. An offense under this section is a state jail felony. |
|
|
| § 1702.388. VIOLATION OF CHAPTER; OFFENSE |
(a) A person commits an offense if the person violates a provision of this chapter for which a specific criminal penalty is not prescribed.
(b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person has previously been convicted under this chapter of failing to hold a license, registration, certificate, or commission that the person is required to hold under this chapter. |
|
|
| CHAPTER 2001. BINGO
§ 2001.551. UNLAWFUL BINGO; OFFENSE
|
(a) In this section, "bingo" or "game" means a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random, whether or not a person who participates as a player furnishes something of value for the opportunity to participate.
(b) A person conducting, promoting, or administering bingo commits an offense if the person conducts, promotes, or administers bingo other than: |
(1) under a license issued under this chapter;
(2) within the confines of a home for purposes of amusement or recreation when: |
(A) no player or other person furnishes anything of more than nominal value for the opportunity to participate;
(B) participation in the game does not exceed 15 players; and
(C) the prizes awarded or to be awarded are nominal; |
| (3) on behalf of an organization of individuals 60 years of age or over, a senior citizens' association, a senior citizens' community center program operated or funded by a governmental entity, the patients in a hospital or nursing home, residents of a retirement home, or the patients in a Veteran's Administration medical center or a military hospital, solely for the purpose of amusement and recreation of its members, residents, or patients, when: |
(A) no player or other person furnishes anything of more than nominal value for the opportunity to participate; and
(B) the prizes awarded or to be awarded are nominal; or |
| (4) on behalf of a business conducting the game for promotional or advertising purposes if: |
(A) the game is conducted by or through a newspaper or a radio or television station;
(B) participation in the game is open to the general public and is not limited to customers of the business;
(C) playing materials are furnished without charge to a person on request; and
(D) no player is required to furnish anything of value for the opportunity to participate. |
| (c) An offense under Subsection (b) is a felony of the third degree. |
|
|
| § 2001.552. FRAUDULENT AWARD OF PRIZES; OFFENSE |
(a) A person commits an offense if the person knowingly participates in the award of a prize to a bingo player in a manner that disregards, to any extent, the random selection of numbers or symbols.
(b) An offense under this section is a felony of the third degree.
(c) It is a defense to prosecution under this section that no participant in the game furnished anything of value for the opportunity to participate in the game. |
|
|
| CHAPTER 2153. COIN-OPERATED MACHINES
§ 2153.357. CRIMINAL OFFENSE; OBTAINING A LICENSE BY FRAUD
|
(a) A person commits an offense if the person knowingly obtains or attempts to obtain a license by fraud, misrepresentation, or subterfuge.
(b) An offense under this section is a felony of the second degree. |
|
|
| CHAPTER 2302. SALVAGE VEHICLE DEALERS
§ 2302.353. OFFENSES
|
| (a) A person commits an offense if the person knowingly violates: |
(1) a provision of this chapter other than Subchapter G; or
(2) a rule adopted under a provision of this chapter other than Subchapter G. |
(b) A person commits an offense if the person knowingly violates Subchapter G.
(c) An offense under Subsection (a) is a Class A misdemeanor unless it is shown on the trial of the offense that the defendant has been previously convicted of an offense under that subsection, in which event the offense is punishable as a state jail felony.
(d) An offense under Subsection (b) is a Class C misdemeanor. |
