TCC BPOA Penal Code 30-71

PC 33.021. ONLINE SOLICITATION OF A MINOR. (f) An offense under Subsection (b) is a felony of the third degree, except that the offense is a felony of the second degree if the minor is younger than __ years of age or is an individual whom the actor believes to be younger than __ years of age at the time of the commission of the offense. An offense under Subsection (c) is a felony of the second degree.

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PC 33.021. ONLINE SOLICITATION OF A MINOR. (a) In this section: (1) "Minor" means: (A) an individual who is younger than __ years of age; or (B) an individual whom the actor believes to be younger than __ years of age.

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____________________: . (a) A person commits an offense if the person provides, or possesses with the intent to provide: (1) an alcoholic beverage, controlled substance, or dangerous drug to a person in the custody of a correctional facility or civil commitment facility, except on the prescription of a practitioner; (2) a deadly weapon to a person in the custody of a correctional facility or civil commitment facility; (3) a cellular telephone or other wireless communications device or a component of one of those devices to a person in the custody of a correctional facility; (4) money to a person confined in a correctional facility; or (5) a cigarette or tobacco product to a person confined in a correctional facility, except that if the facility is a local jail regulated by the Commission on Jail Standards, the person commits an offense only if providing the cigarette or tobacco product violates a rule or regulation adopted by the sheriff or jail administrator that: (A) prohibits the possession of a cigarette or tobacco product by a person confined in the jail; or (B) places restrictions on: (i) the possession of a cigarette or tobacco product by a person confined in the jail; or (ii) the manner in which a cigarette or tobacco product may be provided to a person confined in the jail. (b) A person commits an offense if the person takes an alcoholic beverage, controlled substance, or dangerous drug into a correctional facility or civil commitment facility. (c) A person commits an offense if the person takes a controlled substance or dangerous drug on property owned, used, or controlled by a correctional facility or civil commitment facility. (d) A person commits an offense if the person: (1) possesses a controlled substance or dangerous drug while in a correctional facility or civil commitment facility or on property owned, used, or controlled by a correctional facility or civil commitment facility; or (2) possesses a deadly weapon while in a correctional facility or civil commitment facility. (e) It is an affirmative defense to prosecution under Subsection (b), (c), or (d)(1) that the person possessed the alcoholic beverage, controlled substance, or dangerous drug pursuant to a prescription issued by a practitioner or while delivering the beverage, substance, or drug to a warehouse, pharmacy, or practitioner on property owned, used, or controlled by the correctional facility or civil commitment facility. It is an affirmative defense to prosecution under Subsection (d)(2) that the person possessing the deadly weapon is a peace officer or is an officer or employee of the correctional facility or civil commitment facility who is authorized to possess the deadly weapon while on duty or traveling to or from the person's place of assignment. (f) In this section: (1) "Practitioner" has the meaning assigned by Section 481.002, Health and Safety Code. (2) "Prescription" has the meaning assigned by Section 481.002, Health and Safety Code. (3) "Cigarette" has the meaning assigned by Section 154.001, Tax Code. (4) "Tobacco product" has the meaning assigned by Section 155.001, Tax Code. (5) "Component" means any item necessary for the current, ongoing, or future operation of a cellular telephone or other wireless communications device, including a subscriber identity module card or functionally equivalent portable memory chip, a battery or battery charger, and any number of minutes that have been purchased or for which a contract has been entered into and during which a cellular telephone or other wireless communications device is capable of transmitting or receiving communications. (6) "Correctional facility" means: (A) any place described by Section 1.07(a)(14)(A), (B), or (C); or (B) a secure correctional facility or secure detention facility, as defined by Section 51.02, Family Code. (g) An offense under this section is a felony of the third degree. (h) Notwithstanding Section 15.01(d), if a person commits the offense of criminal attempt to commit an offense under Subsection (a), (b), or (c), the offense committed under Section 15.01 is a felony of the third degree. (i) It is an affirmative defense to prosecution under Subsection (b) that the actor: (1) is a duly authorized member of the clergy with rights and privileges granted by an ordaining authority that includes administration of a religious ritual or ceremony requiring the presence or consumption of an alcoholic beverage; and (2) takes four ounces or less of an alcoholic beverage into a correctional facility and personally consumes all of the alcoholic beverage or departs from the facility with any portion of the beverage not consumed. (j) A person commits an offense if the person, while confined in a correctional facility, possesses a cellular telephone or other wireless communications device or a component of one of those devices. (k) A person commits an offense if, with the intent to provide to or make a cellular telephone or other wireless communications device or a component of one of those devices available for use by a person in the custody of a correctional facility, the person: (1) acquires a cellular telephone or other wireless communications device or a component of one of those devices to be delivered to the person in custody; (2) provides a cellular telephone or other wireless communications device or a component of one of those devices to another person for delivery to the person in custody; or (3) makes a payment to a communication common carrier, as defined by Article 18A.001, Code of Criminal Procedure, or to any communication service that provides to its users the ability to send or receive wire or electronic communications.

38.11. PROHIBITED SUBSTANCES AND ITEMS IN CORRECTIONAL OR CIVIL COMMITMENT FACILITY

PC 42.01. DISORDERLY CONDUCT. (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of __ after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance.

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PC Sec. 30.01. DEFINITIONS. In this chapter: (2) "__________" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

Building

PC 36.01. DEFINITIONS. In this chapter: (1) "__________" means: (A) detained or under arrest by a peace officer; or (B) under restraint by a public servant pursuant to an order of a court.

Custody

PC 30.05. CRIMINAL TRESPASS. (b) For purposes of this section: (1) "__________" means the intrusion of the entire body.

Entry

_______________________: Theft as defined in Section 31.03 constitutes a single offense superseding the separate offenses previously known as theft, theft by false pretext, conversion by a bailee, theft from the person, shoplifting, acquisition of property by threat, swindling, swindling by worthless check, embezzlement, extortion, receiving or concealing embezzled property, and receiving or concealing stolen property.

PC 31.02. CONSOLIDATION OF THEFT OFFENSES.

_____________ (a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another; or (3) property in the custody of any law enforcement agency was explicitly represented by any law enforcement agent to the actor as being stolen and the actor appropriates the property believing it was stolen by another. (c) For purposes of Subsection (b): (1) evidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty; (2) the testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice; (3) an actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly: (A) fails to record the name, address, and physical description or identification number of the seller or pledgor; (B) fails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements; (4) for the purposes of Subdivision (3)(A), "identification number" means driver's license number, military identification number, identification certificate, or other official number capable of identifying an individual; (5) stolen property does not lose its character as stolen when recovered by any law enforcement agency; (6) an actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly: (A) fails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained; (B) fails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or (C) fails on receipt of a motor vehicle to immediately remove an unexpired license plate from the motor vehicle, to keep the plate in a secure and locked place, or to maintain an inventory, on forms provided by the Texas Department of Motor Vehicles, of license plates kept under this paragraph, including for each plate or set of plates the license plate number and the make, motor number, and vehicle identification number of the motor vehicle from which the plate was removed; (7) an actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly: (A) fails to report to the Texas Department of Motor Vehicles the failure of the person who sold or delivered the motor vehicle to the actor to deliver to the actor a properly executed certificate of title to the motor vehicle at the time the motor vehicle was delivered; or (B) fails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered; (8) an actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor: (A) fails to record the name, address, and physical description of the seller or pledgor; (B) fails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and (C) fails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and (9) an actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant's consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b). (d) It is not a defense to prosecution under this section that: (1) the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of an undercover operative or peace officer; (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or an opportunity to engage in conduct constituting the offense; or (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense, but would not encourage a person not predisposed to commit the offense to actually commit the offense. (e) Except as provided by Subsection (f), an offense under this section is: (1) a Class C misdemeanor if the value of the property stolen is less than $100; (2) a Class B misdemeanor if: (A) the value of the property stolen is $100 or more but less than $750; (B) the value of the property stolen is less than $100 and the defendant has previously been convicted of any grade of theft; or (C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state; (3) a Class A misdemeanor if the value of the property stolen is $750 or more but less than $2,500; (4) a state jail felony if: (A) the value of the property stolen is $2,500 or more but less than $30,000, or the property is less than 10 head of sheep, swine, or goats or any part thereof under the value of $30,000; (B) regardless of value, the property is stolen from the person of another or from a human corpse or grave, including property that is a military grave marker; (C) the property stolen is a firearm, as defined by Section 46.01; (D) the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft; (E) the property stolen is an official ballot or official carrier envelope for an election; or (F) the value of the property stolen is less than $20,000 and the property stolen is: (i) aluminum; (ii) bronze; (iii) copper; or (iv) brass; (5) a felony of the third degree if the value of the property stolen is $30,000 or more but less than $150,000, or the property is: (A) cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $150,000; (B) 10 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $150,000; or (C) a controlled substance, having a value of less than $150,000, if stolen from: (i) a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; or (ii) a vehicle owned or operated by a wholesale distributor of prescription drugs; (6) a felony of the second degree if: (A) the value of the property stolen is $150,000 or more but less than $300,000; or (B) the value of the property stolen is less than $300,000 and the property stolen is an automated teller machine or the contents or components of an automated teller machine; or (7) a felony of the first degree if the value of the property stolen is $300,000 or more. (f) An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant; (2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; (3) the owner of the property appropriated was at the time of the offense: (A) an elderly individual; or (B) a nonprofit organization; (4) the actor was a Medicare provider in a contractual relationship with the federal government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship; or (5) during the commission of the offense, the actor intentionally, knowingly, or recklessly: (A) caused a fire exit alarm to sound or otherwise become activated; (B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector. (g) For the purposes of Subsection (a), a person is the owner of exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, only if the person qualifies to claim the animal under Section 142.0021, Agriculture Code, if the animal is an estray. (h) In this section: (1) "Restricted-use pesticide" means a pesticide classified as a restricted-use pesticide by the administrator of the Environmental Protection Agency under 7 U.S.C. Section 136a, as that law existed on January 1, 1995, and containing an active ingredient listed in the federal regulations adopted under that law (40 C.F.R. Section 152.175) and in effect on that date. (2) "State-limited-use pesticide" means a pesticide classified as a state-limited-use pesticide by the Department of Agriculture under Section 76.003, Agriculture Code, as that section existed on January 1, 1995, and containing an active ingredient listed in the rules adopted under that section (4 TAC Section 7.24) as that section existed on that date. (3) "Nonprofit organization" means an organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being described as an exempt organization by Section 501(c)(3) of that code. (4) "Automated teller machine" means an unstaffed electronic information processing device that, at the request of a user, performs a financial transaction through the direct transmission of electronic impulses to a financial institution or through the recording of electronic impulses or other indicia of a transaction for delayed transmission to a financial institution. The term includes an automated banking machine. (5) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (6) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code. (i) For purposes of Subsection (c)(9), "livestock" and "commission merchant" have the meanings assigned by Section 147.001, Agriculture Code. (j) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.

PC 31.03. THEFT.

_________________: (a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation: (1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token; (2) having control over the disposition of services of another to which the actor is not entitled, the actor intentionally or knowingly diverts the other's services to the actor's own benefit or to the benefit of another not entitled to the services; (3) having control of personal property under a written rental agreement, the actor holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or (4) the actor intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make full payment after receiving notice demanding payment. (b) For purposes of this section, intent to avoid payment is presumed if any of the following occurs: (1) the actor absconded without paying for the service or expressly refused to pay for the service in circumstances where payment is ordinarily made immediately upon rendering of the service, as in hotels, campgrounds, recreational vehicle parks, restaurants, and comparable establishments; (2) the actor failed to make payment under a service agreement within 10 days after receiving notice demanding payment; (3) the actor returns property held under a rental agreement after the expiration of the rental agreement and fails to pay the applicable rental charge for the property within 10 days after the date on which the actor received notice demanding payment; (4) the actor failed to return the property held under a rental agreement: (A) within five days after receiving notice demanding return, if the property is valued at less than $2,500; (B) within three days after receiving notice demanding return, if the property is valued at $2,500 or more but less than $10,000; or (C) within two days after receiving notice demanding return, if the property is valued at $10,000 or more; or (5) the actor: (A) failed to return the property held under an agreement described by Subsections (d-2)(1)-(3) within five business days after receiving notice demanding return; and (B) has made fewer than three complete payments under the agreement. (c) For purposes of Subsections (a)(4), (b)(2), (b)(4), and (b)(5), notice must be: (1) in writing; (2) sent by: (A) registered or certified mail with return receipt requested; or (B) commercial delivery service; and (3) sent to the actor using the actor's mailing address shown on the rental agreement or service agreement. (d) Except as otherwise provided by this subsection, if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than two days after the notice was sent. For purposes of Subsections (b)(4)(A) and (B) and (b)(5), if written notice is given in accordance with Subsection (c), it is presumed that the notice was received not later than five days after the notice was sent. (d-1) For purposes of Subsection (a)(2), the diversion of services to the benefit of a person who is not entitled to those services includes the disposition of personal property by an actor having control of the property under an agreement described by Subsections (d-2)(1)-(3), if the actor disposes of the property in violation of the terms of the agreement and to the benefit of any person who is not entitled to the property. (d-2) For purposes of Subsection (a)(3), the term "written rental agreement" does not include an agreement that: (1) permits an individual to use personal property for personal, family, or household purposes for an initial rental period; (2) is automatically renewable with each payment after the initial rental period; and (3) permits the individual to become the owner of the property. (d-3) For purposes of Subsection (a)(4): (1) if the compensation is or was to be paid on a periodic basis, the intent to avoid payment for a service may be formed at any time during or before a pay period; (2) the partial payment of wages alone is not sufficient evidence to negate the actor's intent to avoid payment for a service; and (3) the term "service" does not include leasing personal property under an agreement described by Subsections (d-2)(1)-(3). (d-4) A presumption established under Subsection (b) involving a defendant's failure to return property held under an agreement described by Subsections (d-2)(1)-(3) may be refuted if the defendant shows that the defendant: (1) intended to return the property; and (2) was unable to return the property. (d-5) For purposes of Subsection (b)(5), "business day" means a day other than Sunday or a state or federal holiday. (e) An offense under this section is: (1) a Class C misdemeanor if the value of the service stolen is less than $100; (2) a Class B misdemeanor if the value of the service stolen is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the service stolen is $750 or more but less than $2,500; (4) a state jail felony if the value of the service stolen is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the service stolen is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the service stolen is $150,000 or more but less than $300,000; or (7) a felony of the first degree if the value of the service stolen is $300,000 or more. (f) Notwithstanding any other provision of this code, any police or other report of stolen vehicles by a political subdivision of this state shall include on the report any rental vehicles whose renters have been shown to such reporting agency to be in violation of Subsection (b)(2) and shall indicate that the renting agency has complied with the notice requirements demanding return as provided in this section. (g) It is a defense to prosecution under this section that: (1) the defendant secured the performance of the service by giving a post-dated check or similar sight order to the person performing the service; and (2) the person performing the service or any other person presented the check or sight order for payment before the date on the check or sight order.

PC 31.04. THEFT OF SERVICE.

PC 33.021. ONLINE SOLICITATION OF A MINOR. (3) "_______________" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25.

Sexually explicit

PC 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN. (B) a sign posted on the property that: (i) includes the language described by Paragraph (A) in both English and Spanish; (ii) appears in contrasting colors with block letters at least one inch in height; and (iii) is displayed in a _______________ manner clearly visible to the public.

conspicuous

PC 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN. (B) a sign posted on the property that: (i) includes the language described by Paragraph (A) in both English and Spanish; (ii) appears in contrasting colors with block letters at least one inch in height; and (iii) is displayed in a _________________ manner clearly visible to the public.

conspicuous

PC 30.02. BURGLARY. (b) For purposes of this section, "________" means to intrude: (1) any part of the body; or (2) any physical object connected with the body.

enter

PC 30.04. BURGLARY OF VEHICLES. (b) For purposes of this section, "_____" means to intrude: (1) any part of the body; or (2) any physical object connected with the body

enter

PC 30.02. BURGLARY. (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a _____________________; or (2) remains concealed, with intent to commit a _____________________, in a building or habitation; or (3) enters a building or habitation and commits or attempts to commit a _____________________

felony, theft, or an assault

PC 32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. (c) An offense under this section is: (1) a state jail felony if the number of items obtained, possessed, transferred, or used is less than _______;

five

PC 38.02. FAILURE TO IDENTIFY (a) A person commits an offense if he intentionally refuses to give his ________________________ to a peace officer who has lawfully arrested the person and requested the information.

name, residence address, or date of birth

PC 38.13. HINDERING PROCEEDINGS BY DISORDERLY CONDUCT. (a) A person commits an offense if he intentionally hinders an _______________ by noise or violent or tumultuous behavior or disturbance. (b) A person commits an offense if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist. (c) An offense under this section is a Class A misdemeanor.

official proceeding

PC 42.02. RIOT. (a) For the purpose of this section, "riot" means the assemblage of ________ or more persons resulting in conduct which: (1) creates an immediate danger of damage to property or injury to persons; (2) substantially obstructs law enforcement or other governmental functions or services; or (3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right.

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PC 32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. (b-1) For the purposes of Subsection (b), the actor is presumed to have the intent to harm or defraud another if the actor possesses: (1) the identifying information of _____ or more other persons; (2) information described by Subsection (b)(2) concerning _____ or more deceased persons; or (3) information described by Subdivision (1) or (2) concerning _____ or more persons or deceased persons.

three

PC Sec. 30.01. DEFINITIONS. In this chapter: (3) "_________" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation."

Vehicle

PC Sec. 30.01. DEFINITIONS. In this chapter: (1) "________" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: (A) each separately secured or occupied portion of the structure or vehicle; and (B) each structure appurtenant to or connected with the structure or vehicle.

Habitation

32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION. (a) In this section: (1) "_______________" means information that alone or in conjunction with other information identifies a person, including a person's: (A) name and date of birth; (B) unique biometric data, including the person's fingerprint, voice print, or retina or iris image; (C) unique electronic identification number, address, routing code, or financial institution account number; (D) telecommunication identifying information or access device; and (E) social security number or other government-issued identification number.

Identifying information

_______________: (a) A person commits an offense if, without the effective consent of the owner, the person: (1) enters a habitation, or a building (or any portion of a building) not then open to the public, with intent to commit a felony, theft, or an assault; or (2) remains concealed, with intent to commit a felony, theft, or an assault, in a building or habitation; or (3) enters a building or habitation and commits or attempts to commit a felony, theft, or an assault. (b) For purposes of this section, "enter" means to intrude: (1) any part of the body; or (2) any physical object connected with the body. (c) Except as provided in Subsection (c-1) or (d), an offense under this section is a: (1) state jail felony if committed in a building other than a habitation; or (2) felony of the second degree if committed in a habitation. (c-1) An offense under this section is a felony of the third degree if: (1) the premises are a commercial building in which a controlled substance is generally stored, including a pharmacy, clinic, hospital, nursing facility, or warehouse; and (2) the person entered or remained concealed in that building with intent to commit a theft of a controlled substance. (d) An offense under this section is a felony of the first degree if: (1) the premises are a habitation; and (2) any party to the offense entered the habitation with intent to commit a felony other than felony theft or committed or attempted to commit a felony other than felony theft.

PC 30.02. BURGLARY.

__________________:. (a) A person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain property or services. (b) For purposes of this section, "entry" includes every kind of entry except one made with the effective consent of the owner. (c) An offense under this section is a Class A misdemeanor.

PC 30.03. BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES

____________________________: (a) A person commits an offense if, without the effective consent of the owner, he breaks into or enters a vehicle or any part of a vehicle with intent to commit any felony or theft. (b) For purposes of this section, "enter" means to intrude: (1) any part of the body; or (2) any physical object connected with the body. (c) For purposes of this section, a container or trailer carried on a rail car is a part of the rail car. (d) An offense under this section is a Class A misdemeanor, except that: (1) the offense is a Class A misdemeanor with a minimum term of confinement of six months if it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this section; (2) the offense is a state jail felony if: (A) it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section; or (B) the vehicle or part of the vehicle broken into or entered is a rail car; and (3) the offense is a felony of the third degree if: (A) the vehicle broken into or entered is owned or operated by a wholesale distributor of prescription drugs; and (B) the actor breaks into or enters that vehicle with the intent to commit theft of a controlled substance. (d-1) For the purposes of Subsection (d), a defendant has been previously convicted under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision. (e) It is a defense to prosecution under this section that the actor entered a rail car or any part of a rail car and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.).

PC 30.04. BURGLARY OF VEHICLES.

_____________________: (a) A person commits an offense if the person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, or an aircraft or other vehicle, without effective consent and the person: (1) had notice that the entry was forbidden; or (2) received notice to depart but failed to do so. (b) For purposes of this section: (1) "Entry" means the intrusion of the entire body. (2) "Notice" means: (A) oral or written communication by the owner or someone with apparent authority to act for the owner; (B) fencing or other enclosure obviously designed to exclude intruders or to contain livestock; (C) a sign or signs posted on the property or at the entrance to the building, reasonably likely to come to the attention of intruders, indicating that entry is forbidden; (D) the placement of identifying purple paint marks on trees or posts on the property, provided that the marks are: (i) vertical lines of not less than eight inches in length and not less than one inch in width; (ii) placed so that the bottom of the mark is not less than three feet from the ground or more than five feet from the ground; and (iii) placed at locations that are readily visible to any person approaching the property and no more than: (a) 100 feet apart on forest land; or (b) 1,000 feet apart on land other than forest land; or (E) the visible presence on the property of a crop grown for human consumption that is under cultivation, in the process of being harvested, or marketable if harvested at the time of entry. (3) "Shelter center" has the meaning assigned by Section 51.002, Human Resources Code. (4) "Forest land" means land on which the trees are potentially valuable for timber products. (5) "Agricultural land" has the meaning assigned by Section 75.001, Civil Practice and Remedies Code. (6) "Superfund site" means a facility that: (A) is on the National Priorities List established under Section 105 of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9605); or (B) is listed on the state registry established under Section 361.181, Health and Safety Code. (7) "Critical infrastructure facility" means one of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders: (A) a chemical manufacturing facility; (B) a refinery; (C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility; (D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station; (E) a natural gas transmission compressor station; (F) a liquid natural gas terminal or storage facility; (G) a telecommunications central switching office; (H) a port, railroad switching yard, trucking terminal, or other freight transportation facility; (I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; or (J) a transmission facility used by a federally licensed radio or television station. (8) "Protected freshwater area" has the meaning assigned by Section 90.001, Parks and Wildlife Code. (9) "Recognized state" means another state with which the attorney general of this state, with the approval of the governor of this state, negotiated an agreement after determining that the other state: (A) has firearm proficiency requirements for peace officers; and (B) fully recognizes the right of peace officers commissioned in this state to carry weapons in the other state. (10) "Recreational vehicle park" has the meaning assigned by Section 13.087, Water Code. (11) "Residential land" means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use. (12) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (c) Repealed by Acts 2009, 81st Leg., R.S., Ch. 1138, Sec. 4, eff. September 1, 2009. (d) An offense under this section is: (1) a Class B misdemeanor, except as provided by Subdivisions (2) and (3); (2) a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed: (A) on agricultural land and within 100 feet of the boundary of the land; or (B) on residential land and within 100 feet of a protected freshwater area; and (3) a Class A misdemeanor if: (A) the offense is committed: (i) in a habitation or a shelter center; (ii) on a Superfund site; or (iii) on or in a critical infrastructure facility; (B) the offense is committed on or in property of an institution of higher education and it is shown on the trial of the offense that the person has previously been convicted of: (i) an offense under this section relating to entering or remaining on or in property of an institution of higher education; or (ii) an offense under Section 51.204(b)(1), Education Code, relating to trespassing on the grounds of an institution of higher education; or (C) the person carries a deadly weapon during the commission of the offense. (d-1) For the purposes of Subsection (d)(3)(B), a person has previously been convicted of an offense described by that paragraph if the person was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication community supervision, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the person was subsequently discharged from deferred adjudication community supervision. (d-2) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(3)(B), the defendant may raise the issue as to whether, at the time of the instant offense or the previous offense, the defendant was engaging in speech or expressive conduct protected by the First Amendment to the United States Constitution or Section 8, Article I, Texas Constitution. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (d)(3)(B) does not apply. (e) It is a defense to prosecution under this section that the actor at the time of the offense was: (1) a firefighter or emergency medical services personnel, as defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of an official duty under exigent circumstances; (2) a person who was: (A) an employee or agent of: (i) an electric utility, as defined by Section 31.002, Utilities Code; (ii) a telecommunications provider, as defined by Section 51.002, Utilities Code; (iii) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code; (iv) a gas utility, as defined by Section 101.003, Utilities Code, which for the purposes of this subsection includes a municipally owned utility as defined by that section; (v) a gas utility, as defined by Section 121.001, Utilities Code; (vi) a pipeline used for the transportation or sale of oil, gas, or related products; or (vii) an electric cooperative or municipally owned utility, as defined by Section 11.003, Utilities Code; and (B) performing a duty within the scope of that employment or agency; or (3) a person who was: (A) employed by or acting as agent for an entity that had, or that the person reasonably believed had, effective consent or authorization provided by law to enter the property; and (B) performing a duty within the scope of that employment or agency. (f) It is a defense to prosecution under this section that: (1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun was forbidden; and (2) the person was carrying: (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and (B) a handgun: (i) in a concealed manner; or (ii) in a shoulder or belt holster. (f-1) It is a defense to prosecution under this section that: (1) the basis on which entry on the property was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is: (A) an owner of an apartment in a condominium regime governed by Chapter 81, Property Code; (B) an owner of a condominium unit governed by Chapter 82, Property Code; (C) a tenant or guest of an owner described by Paragraph (A) or (B); or (D) a guest of a tenant of an owner described by Paragraph (A) or (B); (3) the actor: (A) carries or stores a firearm or firearm ammunition in the condominium apartment or unit owner's apartment or unit; (B) carries a firearm or firearm ammunition directly en route to or from the condominium apartment or unit owner's apartment or unit; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for residents or guests of the condominium property; or (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for residents or guests of the condominium property; and (4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition. (f-2) It is a defense to prosecution under this section that: (1) the basis on which entry on a leased premises governed by Chapter 92, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a tenant of the leased premises or the tenant's guest; (3) the actor: (A) carries or stores a firearm or firearm ammunition in the tenant's rental unit; (B) carries a firearm or firearm ammunition directly en route to or from the tenant's rental unit; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; and (4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition. (f-3) It is a defense to prosecution under this section that: (1) the basis on which entry on a leased premises governed by Chapter 94, Property Code, was forbidden is that entry with a firearm or firearm ammunition was forbidden; (2) the actor is a tenant of a manufactured home lot or the tenant's guest; (3) the actor: (A) carries or stores a firearm or firearm ammunition in the tenant's manufactured home; (B) carries a firearm or firearm ammunition directly en route to or from the tenant's manufactured home; (C) carries a firearm or firearm ammunition directly en route to or from the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or (D) carries or stores a firearm or firearm ammunition in the actor's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; and (4) the actor is not otherwise prohibited by law from possessing a firearm or firearm ammunition. (g) It is a defense to prosecution under this section that the actor entered a railroad switching yard or any part of a railroad switching yard and was at that time an employee or a representative of employees exercising a right under the Railway Labor Act (45 U.S.C. Section 151 et seq.). (h) At the punishment stage of a trial in which the attorney representing the state seeks the increase in punishment provided by Subsection (d)(3)(A)(iii), the defendant may raise the issue as to whether the defendant entered or remained on or in a critical infrastructure facility as part of a peaceful or lawful assembly, including an attempt to exercise rights guaranteed by state or federal labor laws. If the defendant proves the issue in the affirmative by a preponderance of the evidence, the increase in punishment provided by Subsection (d)(3)(A)(iii) does not apply. (i) This section does not apply if: (1) the basis on which entry on the property or land or in the building was forbidden is that entry with a handgun or other weapon was forbidden; and (2) the actor at the time of the offense was a peace officer, including a commissioned peace officer of a recognized state, or a special investigator under Article 2.122, Code of Criminal Procedure, regardless of whether the peace officer or special investigator was engaged in the actual discharge of an official duty while carrying the weapon.

PC 30.05. CRIMINAL TRESPASS.

_________________________: (a) A license holder commits an offense if the license holder: (1) carries a concealed handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and (2) received notice that entry on the property by a license holder with a concealed handgun was forbidden. (b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. (c) In this section: (1) "Entry" has the meaning assigned by Section 30.05(b). (2) "License holder" has the meaning assigned by Section 46.035(f). (3) "Written communication" means: (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun"; or (B) a sign posted on the property that: (i) includes the language described by Paragraph (A) in both English and Spanish; (ii) appears in contrasting colors with block letters at least one inch in height; and (iii) is displayed in a conspicuous manner clearly visible to the public. (d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart. (e) It is an exception to the application of this section that the property on which the license holder carries a handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035. (e-1) It is a defense to prosecution under this section that: (1) the license holder is: (A) an owner of an apartment in a condominium regime governed by Chapter 81, Property Code; (B) an owner of a condominium unit governed by Chapter 82, Property Code; (C) a tenant or guest of an owner described by Paragraph (A) or (B); or (D) a guest of a tenant of an owner described by Paragraph (A) or (B); and (2) the license holder: (A) carries or stores a handgun in the condominium apartment or unit owner's apartment or unit; (B) carries a handgun directly en route to or from the condominium apartment or unit owner's apartment or unit; (C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for residents or guests of the condominium property; or (D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for residents or guests of the condominium property. (e-2) It is a defense to prosecution under this section that: (1) the license holder is a tenant of a leased premises governed by Chapter 92, Property Code, or the tenant's guest; and (2) the license holder: (A) carries or stores a handgun in the tenant's rental unit; (B) carries a handgun directly en route to or from the tenant's rental unit; (C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or (D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises. (e-3) It is a defense to prosecution under this section that: (1) the license holder is a tenant of a manufactured home lot governed by Chapter 94, Property Code, or the tenant's guest; and (2) the license holder: (A) carries or stores a handgun in the tenant's manufactured home; (B) carries a handgun directly en route to or from the tenant's manufactured home; (C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or (D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises. (f) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01. (g) It is a defense to prosecution under this section that the license holder was personally given notice by oral communication described by Subsection (b) and promptly departed from the property.

PC 30.06. TRESPASS BY LICENSE HOLDER WITH A CONCEALED HANDGUN.

_____________________________: (a) A license holder commits an offense if the license holder: (1) openly carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, on property of another without effective consent; and (2) received notice that entry on the property by a license holder openly carrying a handgun was forbidden. (b) For purposes of this section, a person receives notice if the owner of the property or someone with apparent authority to act for the owner provides notice to the person by oral or written communication. (c) In this section: (1) "Entry" has the meaning assigned by Section 30.05(b). (2) "License holder" has the meaning assigned by Section 46.035(f). (3) "Written communication" means: (A) a card or other document on which is written language identical to the following: "Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly"; or (B) a sign posted on the property that: (i) includes the language described by Paragraph (A) in both English and Spanish; (ii) appears in contrasting colors with block letters at least one inch in height; and (iii) is displayed in a conspicuous manner clearly visible to the public at each entrance to the property. (d) An offense under this section is a Class C misdemeanor punishable by a fine not to exceed $200, except that the offense is a Class A misdemeanor if it is shown on the trial of the offense that, after entering the property, the license holder was personally given the notice by oral communication described by Subsection (b) and subsequently failed to depart. (e) It is an exception to the application of this section that the property on which the license holder openly carries the handgun is owned or leased by a governmental entity and is not a premises or other place on which the license holder is prohibited from carrying the handgun under Section 46.03 or 46.035. (e-1) It is a defense to prosecution under this section that: (1) the license holder is: (A) an owner of an apartment in a condominium regime governed by Chapter 81, Property Code; (B) an owner of a condominium unit governed by Chapter 82, Property Code; (C) a tenant or guest of an owner described by Paragraph (A) or (B); or (D) a guest of a tenant of an owner described by Paragraph (A) or (B); and (2) the license holder: (A) carries or stores a handgun in the condominium apartment or unit owner's apartment or unit; (B) carries a handgun directly en route to or from the condominium apartment or unit owner's apartment or unit; (C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for residents or guests of the condominium property; or (D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for residents or guests of the condominium property. (e-2) It is a defense to prosecution under this section that: (1) the license holder is a tenant of a leased premises governed by Chapter 92, Property Code, or the tenant's guest; and (2) the license holder: (A) carries or stores a handgun in the tenant's rental unit; (B) carries a handgun directly en route to or from the tenant's rental unit; (C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises; or (D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for tenants or guests by the landlord of the leased premises. (e-3) It is a defense to prosecution under this section that: (1) the license holder is a tenant of a manufactured home lot governed by Chapter 94, Property Code, or the tenant's guest; and (2) the license holder: (A) carries or stores a handgun in the tenant's manufactured home; (B) carries a handgun directly en route to or from the tenant's manufactured home; (C) carries a handgun directly en route to or from the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises; or (D) carries or stores a handgun in the license holder's vehicle located in a parking area provided for tenants or tenants' guests by the landlord of the leased premises. (f) It is not a defense to prosecution under this section that the handgun was carried in a shoulder or belt holster. (g) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01. (h) It is a defense to prosecution under this section that the license holder was personally given notice by oral communication described by Subsection (b) and promptly departed from the property.

PC 30.07. TRESPASS BY LICENSE HOLDER WITH AN OPENLY CARRIED HANDGUN.

___________________: In this chapter: (1) "Deception" means: (A) creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true; (B) failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true; (C) preventing another from acquiring information likely to affect his judgment in the transaction; (D) selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record; or (E) promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed. (2) "Deprive" means: (A) to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner; (B) to restore property only upon payment of reward or other compensation; or (C) to dispose of property in a manner that makes recovery of the property by the owner unlikely. (3) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if: (A) induced by deception or coercion; (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; (D) given solely to detect the commission of an offense; or (E) given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property. (4) "Appropriate" means: (A) to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another; or (B) to acquire or otherwise exercise control over property other than real property. (5) "Property" means: (A) real property; (B) tangible or intangible personal property including anything severed from land; or (C) a document, including money, that represents or embodies anything of value. (6) "Service" includes: (A) labor and professional service; (B) telecommunication, public utility, or transportation service; (C) lodging, restaurant service, and entertainment; and (D) the supply of a motor vehicle or other property for use. (7) "Steal" means to acquire property or service by theft. (8) "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code. (9) "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code. (10) "Elderly individual" has the meaning assigned by Section 22.04(c). (11) "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment. (12) "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device. (13) "Shielding or deactivation instrument" means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise. (14) "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code.

PC 31.01. DEFINITIONS.

______________________: (a) If the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of the issuer's intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or order or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if: (1) the issuer had no account with the bank or other drawee at the time the issuer issued the check or sight order; or (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. (b) For purposes of Subsection (a)(2) or (f)(3), notice may be actual notice or notice in writing that: (1) is sent by: (A) first class mail, evidenced by an affidavit of service; or (B) registered or certified mail with return receipt requested; (2) is addressed to the issuer at the issuer's address shown on: (A) the check or order; (B) the records of the bank or other drawee; or (C) the records of the person to whom the check or order has been issued or passed; and (3) contains the following statement: "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution." (c) If written notice is given in accordance with Subsection (b), it is presumed that the notice was received no later than five days after it was sent. (d) Nothing in this section prevents the prosecution from establishing the requisite intent by direct evidence. (e) Partial restitution does not preclude the presumption of the requisite intent under this section. (f) If the actor obtained property by issuing or passing a check or similar sight order for the payment of money, the actor's intent to deprive the owner of the property under Section 31.03 (Theft) is presumed, except in the case of a postdated check or order, if: (1) the actor ordered the bank or other drawee to stop payment on the check or order; (2) the bank or drawee refused payment to the holder on presentation of the check or order within 30 days after issue; (3) the owner gave the actor notice of the refusal of payment and made a demand to the actor for payment or return of the property; and (4) the actor failed to: (A) pay the holder within 10 days after receiving the demand for payment; or (B) return the property to the owner within 10 days after receiving the demand for return of the property.

PC 31.06. PRESUMPTION FOR THEFT BY CHECK OR SIMILAR SIGHT ORDER.

_____________________: (a) A person commits an offense if he intentionally or knowingly operates another's boat, airplane, or motor-propelled vehicle without the effective consent of the owner. (b) An offense under this section is a state jail felony.

PC 31.07. UNAUTHORIZED USE OF A VEHICLE.

_________________ (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the theft. (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less that part which has been satisfied, if the document constitutes evidence of a debt; or (2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. (c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500. (d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter.

PC 31.08. VALUE.

_____________________: It is no defense to prosecution under this chapter that the actor has an interest in the property or service stolen if another person has the right of exclusive possession of the property.

PC 31.10. ACTOR'S INTEREST IN PROPERTY.

___________________________: (a) A person commits an offense if the person: (1) knowingly or intentionally removes, alters, or obliterates the serial number or other permanent identification marking on tangible personal property; or (2) possesses, sells, or offers for sale tangible personal property and: (A) the actor knows that the serial number or other permanent identification marking has been removed, altered, or obliterated; or (B) a reasonable person in the position of the actor would have known that the serial number or other permanent identification marking has been removed, altered, or obliterated. (b) It is an affirmative defense to prosecution under this section that the person was: (1) the owner or acting with the effective consent of the owner of the property involved; (2) a peace officer acting in the actual discharge of official duties; or (3) acting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was: (A) in the actual discharge of official duties as an employee or agent of the department; or (B) in full compliance with the rules of the department as an applicant for an assigned number approved by the department. (c) Property involved in a violation of this section may be treated as stolen for purposes of custody and disposition of the property. (d) An offense under this section is a Class A misdemeanor. (e) In this section, "vehicle" has the meaning given by Section 541.201, Transportation Code.

PC 31.11. TAMPERING WITH IDENTIFICATION NUMBERS.

________________________________: (a) A person commits an offense if, without the authorization of the multichannel video or information services provider, the person intentionally or knowingly: (1) makes or maintains a connection, whether physically, electrically, electronically, or inductively, to: (A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information system; (2) attaches, causes to be attached, or maintains the attachment of a device to: (A) a cable, wire, or other component of or media attached to a multichannel video or information services system; or (B) a television set, videotape recorder, or other receiver attached to a multichannel video or information services system; (3) tampers with, modifies, or maintains a modification to a device installed by a multichannel video or information services provider; or (4) tampers with, modifies, or maintains a modification to an access device or uses that access device or any unauthorized access device to obtain services from a multichannel video or information services provider. (b) In this section: (1) "Access device," "connection," and "device" mean an access device, connection, or device wholly or partly designed to make intelligible an encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider. (2) "Encrypted, encoded, scrambled, or other nonstandard signal" means any type of signal or transmission not intended to produce an intelligible program or service without the use of a device, signal, or information provided by a multichannel video or information services provider. (3) "Multichannel video or information services provider" means a licensed cable television system, video dialtone system, multichannel multipoint distribution services system, direct broadcast satellite system, or other system providing video or information services that are distributed by cable, wire, radio frequency, or other media. (c) This section does not prohibit the manufacture, distribution, sale, or use of satellite receiving antennas that are otherwise permitted by state or federal law. (d) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the offense that the actor: (1) has been previously convicted one time of an offense under this section, in which event the offense is a Class B misdemeanor, or convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor; or (2) committed the offense for remuneration, in which event the offense is a Class A misdemeanor, unless it is also shown on the trial of the offense that the actor has been previously convicted two or more times of an offense under this section, in which event the offense is a Class A misdemeanor with a minimum fine of $2,000 and a minimum term of confinement of 180 days. (e) For the purposes of this section, each connection, attachment, modification, or act of tampering is a separate offense.

PC 31.12. THEFT OF OR TAMPERING WITH MULTICHANNEL VIDEO OR INFORMATION SERVICES.

______________________: (a) A person commits an offense if he knowingly initiates, communicates or circulates a report of a present, past, or future bombing, fire, offense, or other emergency that he knows is false or baseless and that would ordinarily: (1) cause action by an official or volunteer agency organized to deal with emergencies; (2) place a person in fear of imminent serious bodily injury; or (3) prevent or interrupt the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other mode of conveyance. (b) An offense under this section is a Class A misdemeanor unless the false report is of an emergency involving a public or private institution of higher education or involving a public primary or secondary school, public communications, public transportation, public water, gas, or power supply or other public service, in which event the offense is a state jail felony.

PC 42.06. FALSE ALARM OR REPORT.

_________________: (a) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 323, Sec. 4, eff. September 1, 2011. (b) A person commits an offense if the person intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, or disposes of: (1) stolen retail merchandise; or (2) merchandise explicitly represented to the person as being stolen retail merchandise. (c) An offense under this section is: (1) a Class C misdemeanor if the total value of the merchandise involved in the activity is less than $100; (2) a Class B misdemeanor if the total value of the merchandise involved in the activity is $100 or more but less than $750; (3) a Class A misdemeanor if the total value of the merchandise involved in the activity is $750 or more but less than $2,500; (4) a state jail felony if the total value of the merchandise involved in the activity is $2,500 or more but less than $30,000; (5) a felony of the third degree if the total value of the merchandise involved in the activity is $30,000 or more but less than $150,000; (6) a felony of the second degree if the total value of the merchandise involved in the activity is $150,000 or more but less than $300,000; or (7) a felony of the first degree if the total value of the merchandise involved in the activity is $300,000 or more. (d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b); or (2) during the commission of the offense, a person engaged in an activity described by Subsection (b) intentionally, knowingly, or recklessly: (A) caused a fire exit alarm to sound or otherwise become activated; (B) deactivated or otherwise prevented a fire exit alarm or retail theft detector from sounding; or (C) used a shielding or deactivation instrument to prevent or attempt to prevent detection of the offense by a retail theft detector.

PC 31.16. ORGANIZED RETAIL THEFT.

___________________________: (a) In this section: (1) "Check" has the meaning assigned by Section 3.104, Business & Commerce Code. (2) "Credit card" and "debit card" have the meanings assigned by Section 32.31. (3) "Financial sight order or payment card information" means financial information that is: (A) contained on either side of a check or similar sight order, check card, debit card, or credit card; or (B) encoded on the magnetic strip or stripe of a check card, debit card, or credit card. (b) A person commits an offense if the person, knowing that the person is not entitled to obtain or possess that financial information: (1) obtains the financial sight order or payment card information of another by use of an electronic, photographic, visual imaging, recording, or other device capable of accessing, reading, recording, capturing, copying, imaging, scanning, reproducing, or storing in any manner the financial sight order or payment card information; or (2) transfers to a third party information obtained as described by Subdivision (1). (c) An offense under Subsection (b)(1) is a Class B misdemeanor. An offense under Subsection (b)(2) is a Class A misdemeanor. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

PC 31.17. UNAUTHORIZED ACQUISITION OR TRANSFER OF CERTAIN FINANCIAL INFORMATION.

________________: (a) In this section: (1) "Cargo" means goods, as defined by Section 7.102, Business & Commerce Code, that constitute, wholly or partly, a commercial shipment of freight moving in commerce. A shipment is considered to be moving in commerce if the shipment is located at any point between the point of origin and the final point of destination regardless of any temporary stop that is made for the purpose of transshipment or otherwise. (2) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. (b) A person commits an offense if the person: (1) knowingly or intentionally conducts, promotes, or facilitates an activity in which the person receives, possesses, conceals, stores, barters, sells, abandons, or disposes of: (A) stolen cargo; or (B) cargo explicitly represented to the person as being stolen cargo; or (2) is employed as a driver lawfully contracted to transport a specific cargo by vehicle from a known point of origin to a known point of destination and, with the intent to conduct, promote, or facilitate an activity described by Subdivision (1), knowingly or intentionally: (A) fails to deliver the entire cargo to the known point of destination as contracted; or (B) causes the seal to be broken on the vehicle or on an intermodal container containing any part of the cargo. (c) An offense under this section is: (1) a state jail felony if the total value of the cargo involved in the activity is $1,500 or more but less than $10,000; (2) a felony of the third degree if the total value of the cargo involved in the activity is $10,000 or more but less than $100,000; (3) a felony of the second degree if the total value of the cargo involved in the activity is $100,000 or more but less than $200,000; or (4) a felony of the first degree if the total value of the cargo involved in the activity is $200,000 or more. (d) For purposes of Subsection (c), the total value of the cargo involved in the activity includes the value of any vehicle stolen or damaged in the course of the same criminal episode as the conduct that is the subject of the prosecution. (e) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that the person organized, supervised, financed, or managed one or more other persons engaged in an activity described by Subsection (b). (f) It is not a defense to prosecution under this section that: (1) the offense occurred as a result of a deception or strategy on the part of a law enforcement agency, including the use of: (A) an undercover operative or peace officer; or (B) a bait vehicle; (2) the actor was provided by a law enforcement agency with a facility in which to commit the offense or with an opportunity to engage in conduct constituting the offense; or (3) the actor was solicited to commit the offense by a peace officer, and the solicitation was of a type that would encourage a person predisposed to commit the offense to actually commit the offense but would not encourage a person not predisposed to commit the offense to actually commit the offense.

PC 31.18. CARGO THEFT.

________________________: In this chapter: (1) "Financial institution" means a bank, trust company, insurance company, credit union, building and loan association, savings and loan association, investment trust, investment company, or any other organization held out to the public as a place for deposit of funds or medium of savings or collective investment. (2) "Property" means: (A) real property; (B) tangible or intangible personal property including anything severed from land; or (C) a document, including money, that represents or embodies anything of value. (3) "Service" includes: (A) labor and professional service; (B) telecommunication, public utility, and transportation service; (C) lodging, restaurant service, and entertainment; and (D) the supply of a motor vehicle or other property for use. (4) "Steal" means to acquire property or service by theft.

PC 32.01. DEFINITIONS.

_______________: (a) Subject to the additional criteria of Subsections (b) and (c), value under this chapter is: (1) the fair market value of the property or service at the time and place of the offense; or (2) if the fair market value of the property cannot be ascertained, the cost of replacing the property within a reasonable time after the offense. (b) The value of documents, other than those having a readily ascertainable market value, is: (1) the amount due and collectible at maturity less any part that has been satisfied, if the document constitutes evidence of a debt; or (2) the greatest amount of economic loss that the owner might reasonably suffer by virtue of loss of the document, if the document is other than evidence of a debt. (c) If property or service has value that cannot be reasonably ascertained by the criteria set forth in Subsections (a) and (b), the property or service is deemed to have a value of $750 or more but less than $2,500. (d) If the actor proves by a preponderance of the evidence that he gave consideration for or had a legal interest in the property or service stolen, the amount of the consideration or the value of the interest so proven shall be deducted from the value of the property or service ascertained under Subsection (a), (b), or (c) to determine value for purposes of this chapter.

PC 32.02. VALUE.PC 32.02. VALUE.

________________:. (a) A person commits an offense if: (1) the person makes, provides to another person, or possesses a card, document, badge, insignia, shoulder emblem, or other item, including a vehicle, bearing an insignia of a law enforcement agency that identifies a person as a peace officer or a reserve law enforcement officer; and (2) the person who makes, provides, or possesses the item bearing the insignia knows that the person so identified by the item is not commissioned as a peace officer or reserve law enforcement officer as indicated on the item. (b) It is a defense to prosecution under this section that: (1) the card, document, badge, insignia, shoulder emblem, or other item bearing an insignia of a law enforcement agency clearly identifies the person as an honorary or junior peace officer or reserve law enforcement officer, or as a member of a junior posse; or (2) the person identified as a peace officer or reserve law enforcement officer by the item bearing the insignia was commissioned in that capacity when the item was made. (b-1) It is an exception to the application of this section that the item was used or intended for use exclusively for decorative purposes or in an artistic or dramatic presentation. (c) In this section, "reserve law enforcement officer" has the same meaning as is given that term in Section 1701.001, Occupations Code. (c-1) For purposes of this section, an item bearing an insignia of a law enforcement agency includes an item that contains the word "police," "sheriff," "constable," or "trooper." (d) A person commits an offense if the person intentionally or knowingly misrepresents an object, including a vehicle, as property belonging to a law enforcement agency. For purposes of this subsection, intentionally or knowingly misrepresenting an object as property belonging to a law enforcement agency includes intentionally or knowingly displaying an item bearing an insignia of a law enforcement agency in a manner that would lead a reasonable person to interpret the item as property belonging to a law enforcement agency. (e) An offense under this section is a Class B misdemeanor.

PC 37.12. FALSE IDENTIFICATION AS PEACE OFFICER; MISREPRESENTATION OF PROPERTY

___________________: (a) For purposes of this section: (1) "Forge" means: (A) to alter, make, complete, execute, or authenticate any writing so that it purports: (i) to be the act of another who did not authorize that act; (ii) to have been executed at a time or place or in a numbered sequence other than was in fact the case; or (iii) to be a copy of an original when no such original existed; (B) to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A); or (C) to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B). (2) "Writing" includes: (A) printing or any other method of recording information; (B) money, coins, tokens, stamps, seals, credit cards, badges, and trademarks; and (C) symbols of value, right, privilege, or identification. (b) A person commits an offense if he forges a writing with intent to defraud or harm another. (c) Except as provided by Subsections (d), (e), and (e-1), an offense under this section is a Class A misdemeanor. (d) Subject to Subsection (e-1), an offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument. (e) Subject to Subsection (e-1), an offense under this section is a felony of the third degree if the writing is or purports to be: (1) part of an issue of money, securities, postage or revenue stamps; (2) a government record listed in Section 37.01(2)(C); or (3) other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person. (e-1) If it is shown on the trial of an offense under this section that the actor engaged in the conduct to obtain or attempt to obtain a property or service, an offense under this section is: (1) a Class C misdemeanor if the value of the property or service is less than $100; (2) a Class B misdemeanor if the value of the property or service is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the property or service is $750 or more but less than $2,500; (4) a state jail felony if the value of the property or service is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the property or service is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the property or service is $150,000 or more but less than $300,000; and (7) a felony of the first degree if the value of the property or service is $300,000 or more. (e-2) Notwithstanding any other provision of this section, an offense under this section, other than an offense described for purposes of punishment by Subsection (e-1)(7), is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04. (f) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record listed in Section 37.01(2)(C). (g) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.

PC 32.21. FORGERY.

_____________________: (a) A person commits an offense if, with intent to defraud or harm another: (1) he makes or alters an object, in whole or in part, so that it appears to have value because of age, antiquity, rarity, source, or authorship that it does not have; (2) he possesses an object so made or altered, with intent to sell, pass, or otherwise utter it; or (3) he authenticates or certifies an object so made or altered as genuine or as different from what it is. (b) An offense under this section is a Class A misdemeanor.

PC 32.22. CRIMINAL SIMULATION.

_________________________: (a) A person commits an offense if the person steals an unsigned check or similar sight order or, with knowledge that an unsigned check or similar sight order has been stolen, receives the check or sight order with intent to use it, to sell it, or to transfer it to a person other than the person from whom the check or sight order was stolen. (b) An offense under this section is a Class A misdemeanor.

PC 32.24. STEALING OR RECEIVING STOLEN CHECK OR SIMILAR SIGHT ORDER.

___________________: (a) For purposes of this section: (1) "Cardholder" means the person named on the face of a credit card or debit card to whom or for whose benefit the card is issued. (2) "Credit card" means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to obtain property or services on credit. The term includes the number or description of the device if the device itself is not produced at the time of ordering or obtaining the property or service. (3) "Expired credit card" means a credit card bearing an expiration date after that date has passed. (4) "Debit card" means an identification card, plate, coupon, book, number, or any other device authorizing a designated person or bearer to communicate a request to an unmanned teller machine or a customer convenience terminal or obtain property or services by debit to an account at a financial institution. The term includes the number or description of the device if the device itself is not produced at the time of ordering or obtaining the benefit. (5) "Expired debit card" means a debit card bearing as its expiration date a date that has passed. (6) "Unmanned teller machine" means a machine, other than a telephone, capable of being operated by a customer, by which a customer may communicate to a financial institution a request to withdraw a benefit for himself or for another directly from the customer's account or from the customer's account under a line of credit previously authorized by the institution for the customer. (7) "Customer convenience terminal" means an unmanned teller machine the use of which does not involve personnel of a financial institution. (b) A person commits an offense if: (1) with intent to obtain a benefit fraudulently, he presents or uses a credit card or debit card with knowledge that: (A) the card, whether or not expired, has not been issued to him and is not used with the effective consent of the cardholder; or (B) the card has expired or has been revoked or cancelled; (2) with intent to obtain a benefit, he uses a fictitious credit card or debit card or the pretended number or description of a fictitious card; (3) he receives a benefit that he knows has been obtained in violation of this section; (4) he steals a credit card or debit card or, with knowledge that it has been stolen, receives a credit card or debit card with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder; (5) he buys a credit card or debit card from a person who he knows is not the issuer; (6) not being the issuer, he sells a credit card or debit card; (7) he uses or induces the cardholder to use the cardholder's credit card or debit card to obtain property or service for the actor's benefit for which the cardholder is financially unable to pay; (8) not being the cardholder, and without the effective consent of the cardholder, he possesses a credit card or debit card with intent to use it; (9) he possesses two or more incomplete credit cards or debit cards that have not been issued to him with intent to complete them without the effective consent of the issuer. For purposes of this subdivision, a card is incomplete if part of the matter that an issuer requires to appear on the card before it can be used, other than the signature of the cardholder, has not yet been stamped, embossed, imprinted, or written on it; (10) being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or the cardholder, furnishes goods or services on presentation of a credit card or debit card obtained or retained in violation of this section or a credit card or debit card that is forged, expired, or revoked; or (11) being authorized by an issuer to furnish goods or services on presentation of a credit card or debit card, he, with intent to defraud the issuer or a cardholder, fails to furnish goods or services that he represents in writing to the issuer that he has furnished. (c) It is presumed that a person who used a revoked, cancelled, or expired credit card or debit card had knowledge that the card had been revoked, cancelled, or expired if he had received notice of revocation, cancellation, or expiration from the issuer. For purposes of this section, notice may be either notice given orally in person or by telephone, or in writing by mail or by telegram. If written notice was sent by registered or certified mail with return receipt requested, or by telegram with report of delivery requested, addressed to the cardholder at the last address shown by the records of the issuer, it is presumed that the notice was received by the cardholder no later than five days after sent. (d) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.

PC 32.31. CREDIT CARD OR DEBIT CARD ABUSE.

__________________________: (a) For purposes of this section, "credit" includes: (1) a loan of money; (2) furnishing property or service on credit; (3) extending the due date of an obligation; (4) comaking, endorsing, or guaranteeing a note or other instrument for obtaining credit; (5) a line or letter of credit; (6) a credit card, as defined in Section 32.31 (Credit Card or Debit Card Abuse); and (7) a mortgage loan. (b) A person commits an offense if he intentionally or knowingly makes a materially false or misleading written statement to obtain property or credit, including a mortgage loan. (b-1) A person commits an offense if the person intentionally or knowingly makes a materially false or misleading written statement in providing an appraisal of real property for compensation. (c) An offense under this section is: (1) a Class C misdemeanor if the value of the property or the amount of credit is less than $100; (2) a Class B misdemeanor if the value of the property or the amount of credit is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the property or the amount of credit is $750 or more but less than $2,500; (4) a state jail felony if the value of the property or the amount of credit is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the property or the amount of credit is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the property or the amount of credit is $150,000 or more but less than $300,000; or (7) a felony of the first degree if the value of the property or the amount of credit is $300,000 or more. (d) The following agencies shall assist a prosecuting attorney of the United States or of a county or judicial district of this state, a county or state law enforcement agency of this state, or a federal law enforcement agency in the investigation of an offense under this section involving a mortgage loan: (1) the office of the attorney general; (2) the Department of Public Safety; (3) the Texas Department of Insurance; (4) the Office of Consumer Credit Commissioner; (5) the Texas Department of Banking; (6) the credit union department; (7) the Department of Savings and Mortgage Lending; (8) the Texas Real Estate Commission; (9) the Texas Appraiser Licensing and Certification Board; and (10) the Texas Department of Housing and Community Affairs. (e) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves a mortgage loan.

PC 32.32. FALSE STATEMENT TO OBTAIN PROPERTY OR CREDIT OR IN THE PROVISION OF CERTAIN SERVICES.

______________________: (a) A person commits an offense if he issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance. (b) This section does not prevent the prosecution from establishing the required knowledge by direct evidence; however, for purposes of this section, the issuer's knowledge of insufficient funds is presumed (except in the case of a postdated check or order) if: (1) he had no account with the bank or other drawee at the time he issued the check or order; or (2) payment was refused by the bank or other drawee for lack of funds or insufficient funds on presentation within 30 days after issue and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal. (c) Notice for purposes of Subsection (b)(2) may be actual notice or notice in writing that: (1) is sent by: (A) first class mail, evidenced by an affidavit of service; or (B) registered or certified mail with return receipt requested; (2) is addressed to the issuer at the issuer's address shown on: (A) the check or order; (B) the records of the bank or other drawee; or (C) the records of the person to whom the check or order has been issued or passed; and (3) contains the following statement: "This is a demand for payment in full for a check or order not paid because of a lack of funds or insufficient funds. If you fail to make payment in full within 10 days after the date of receipt of this notice, the failure to pay creates a presumption for committing an offense, and this matter may be referred for criminal prosecution." (d) If notice is given in accordance with Subsection (c), it is presumed that the notice was received no later than five days after it was sent. (e) A person charged with an offense under this section may make restitution for the bad checks or sight orders. Restitution shall be made through the prosecutor's office if collection and processing were initiated through that office. In other cases restitution may be, with the approval of the court in which the offense is filed: (1) made through the court; or (2) collected by a law enforcement agency if a peace officer of that agency executes a warrant against the person charged with the offense. (f) Except as otherwise provided by this subsection, an offense under this section is a Class C misdemeanor. If the check or similar sight order that was issued or passed was for a child support payment the obligation for which is established under a court order, the offense is a Class B misdemeanor. (g) An offense under this section is not a lesser included offense of an offense under Section 31.03 or 31.04.

PC 32.41. ISSUANCE OF BAD CHECK OR SIMILAR SIGHT ORDER.

__________________: (a) For purposes of this section: (1) "Adulterated" means varying from the standard of composition or quality prescribed by law or set by established commercial usage. (2) "Business" includes trade and commerce and advertising, selling, and buying service or property. (3) "Commodity" means any tangible or intangible personal property. (4) "Contest" includes sweepstake, puzzle, and game of chance. (5) "Deceptive sales contest" means a sales contest: (A) that misrepresents the participant's chance of winning a prize; (B) that fails to disclose to participants on a conspicuously displayed permanent poster (if the contest is conducted by or through a retail outlet) or on each card game piece, entry blank, or other paraphernalia required for participation in the contest (if the contest is not conducted by or through a retail outlet): (i) the geographical area or number of outlets in which the contest is to be conducted; (ii) an accurate description of each type of prize; (iii) the minimum number and minimum amount of cash prizes; and (iv) the minimum number of each other type of prize; or (C) that is manipulated or rigged so that prizes are given to predetermined persons or retail establishments. A sales contest is not deceptive if the total value of prizes to each retail outlet is in a uniform ratio to the number of game pieces distributed to that outlet. (6) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by law or set by established commercial usage. (7) "Prize" includes gift, discount, coupon, certificate, gratuity, and any other thing of value awarded in a sales contest. (8) "Sales contest" means a contest in connection with the sale of a commodity or service by which a person may, as determined by drawing, guessing, matching, or chance, receive a prize and which is not regulated by the rules of a federal regulatory agency. (9) "Sell" and "sale" include offer for sale, advertise for sale, expose for sale, keep for the purpose of sale, deliver for or after sale, solicit and offer to buy, and every disposition for value. (b) A person commits an offense if in the course of business he intentionally, knowingly, recklessly, or with criminal negligence commits one or more of the following deceptive business practices: (1) using, selling, or possessing for use or sale a false weight or measure, or any other device for falsely determining or recording any quality or quantity; (2) selling less than the represented quantity of a property or service; (3) taking more than the represented quantity of property or service when as a buyer the actor furnishes the weight or measure; (4) selling an adulterated or mislabeled commodity; (5) passing off property or service as that of another; (6) representing that a commodity is original or new if it is deteriorated, altered, rebuilt, reconditioned, reclaimed, used, or secondhand; (7) representing that a commodity or service is of a particular style, grade, or model if it is of another; (8) advertising property or service with intent: (A) not to sell it as advertised, or (B) not to supply reasonably expectable public demand, unless the advertising adequately discloses a time or quantity limit; (9) representing the price of property or service falsely or in a way tending to mislead; (10) making a materially false or misleading statement of fact concerning the reason for, existence of, or amount of a price or price reduction; (11) conducting a deceptive sales contest; or (12) making a materially false or misleading statement: (A) in an advertisement for the purchase or sale of property or service; or (B) otherwise in connection with the purchase or sale of property or service. (c) An offense under Subsections (b)(1), (b)(2), (b)(3), (b)(4), (b)(5), and (b)(6) is: (1) a Class C misdemeanor if the actor commits an offense with criminal negligence and if he has not previously been convicted of a deceptive business practice; or (2) a Class A misdemeanor if the actor commits an offense intentionally, knowingly, recklessly or if he has been previously convicted of a Class B or C misdemeanor under this section. (d) An offense under Subsections (b)(7), (b)(8), (b)(9), (b)(10), (b)(11), and (b)(12) is a Class A misdemeanor.

PC 32.42. DECEPTIVE BUSINESS PRACTICES.

_______________________: (a) A person commits an offense if, with intent to defraud or harm another, he destroys, removes, conceals, alters, substitutes, or otherwise impairs the verity, legibility, or availability of a writing, other than a governmental record. (b) For purposes of this section, "writing" includes: (1) printing or any other method of recording information; (2) money, coins, tokens, stamps, seals, credit cards, badges, trademarks; (3) symbols of value, right, privilege, or identification; and (4) universal product codes, labels, price tags, or markings on goods. (c) Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor, provided that: (1) the writing is not attached to tangible property to indicate the price for the sale of that property; and (2) the actor did not engage in the conduct described by Subsection (a) with respect to that writing for the purpose of obtaining the property for a lesser price indicated by a separate writing. (d) An offense under this section is a state jail felony if the writing: (1) is a will or codicil of another, whether or not the maker is alive or dead and whether or not it has been admitted to probate; or (2) is a deed, mortgage, deed of trust, security instrument, security agreement, or other writing for which the law provides public recording or filing, whether or not the writing has been acknowledged. (e) If at the time of the offense the writing was attached to tangible property to indicate the price for the sale of that property and the actor engaged in the conduct described by Subsection (a) with respect to that writing for the purpose of obtaining the property for a lesser price indicated by a separate writing, an offense under this section is: (1) a Class C misdemeanor if the difference between the impaired writing and the lesser price indicated by the other writing is less than $100; (2) a Class B misdemeanor if the difference between the impaired writing and the lesser price indicated by the other writing is $100 or more but less than $750; (3) a Class A misdemeanor if the difference between the impaired writing and the lesser price indicated by the other writing is $750 or more but less than $2,500; (4) a state jail felony if the difference between the impaired writing and the lesser price indicated by the other writing is $2,500 or more but less than $30,000; (5) a felony of the third degree if the difference between the impaired writing and the lesser price indicated by the other writing is $30,000 or more but less than $150,000; (6) a felony of the second degree if the difference between the impaired writing and the lesser price indicated by the other writing is $150,000 or more but less than $300,000; or (7) a felony of the first degree if the difference between the impaired writing and the lesser price indicated by the other writing is $300,000 or more.

PC 32.47. FRAUDULENT DESTRUCTION, REMOVAL, OR CONCEALMENT OF WRITING.

___________________: (a) In this section: (1) "Identifying information" means information that alone or in conjunction with other information identifies a person, including a person's: (A) name and date of birth; (B) unique biometric data, including the person's fingerprint, voice print, or retina or iris image; (C) unique electronic identification number, address, routing code, or financial institution account number; (D) telecommunication identifying information or access device; and (E) social security number or other government-issued identification number. (2) "Telecommunication access device" means a card, plate, code, account number, personal identification number, electronic serial number, mobile identification number, or other telecommunications service, equipment, or instrument identifier or means of account access that alone or in conjunction with another telecommunication access device may be used to: (A) obtain money, goods, services, or other thing of value; or (B) initiate a transfer of funds other than a transfer originated solely by paper instrument. (b) A person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of: (1) identifying information of another person without the other person's consent or effective consent; (2) information concerning a deceased natural person, including a stillborn infant or fetus, that would be identifying information of that person were that person alive, if the item of information is obtained, possessed, transferred, or used without legal authorization; or (3) identifying information of a child younger than 18 years of age. (b-1) For the purposes of Subsection (b), the actor is presumed to have the intent to harm or defraud another if the actor possesses: (1) the identifying information of three or more other persons; (2) information described by Subsection (b)(2) concerning three or more deceased persons; or (3) information described by Subdivision (1) or (2) concerning three or more persons or deceased persons. (b-2) The presumption established under Subsection (b-1) does not apply to a business or other commercial entity or a government agency that is engaged in a business activity or governmental function that does not violate a penal law of this state. (c) An offense under this section is: (1) a state jail felony if the number of items obtained, possessed, transferred, or used is less than five; (2) a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10; (3) a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50; or (4) a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more. (c-1) An offense described for purposes of punishment by Subsections (c)(1)-(3) is increased to the next higher category of offense if it is shown on the trial of the offense that: (1) the offense was committed against an elderly individual as defined by Section 22.04; or (2) the actor fraudulently used identifying information with the intent to facilitate an offense under Article 62.102, Code of Criminal Procedure. (d) If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense. (e) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

PC 32.51. FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.

_________________: In this chapter: (1) "Access" means to approach, instruct, communicate with, store data in, retrieve or intercept data from, alter data or computer software in, or otherwise make use of any resource of a computer, computer network, computer program, or computer system. (2) "Aggregate amount" means the amount of: (A) any direct or indirect loss incurred by a victim, including the value of money, property, or service stolen, appropriated, or rendered unrecoverable by the offense; or (B) any expenditure required by the victim to: (i) determine whether data or a computer, computer network, computer program, or computer system was altered, acquired, appropriated, damaged, deleted, or disrupted by the offense; or (ii) attempt to restore, recover, or replace any data altered, acquired, appropriated, damaged, deleted, or disrupted. (3) "Communication common carrier" means a person who owns or operates a telephone system in this state that includes equipment or facilities for the conveyance, transmission, or reception of communications and who receives compensation from persons who use that system. (4) "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device that performs logical, arithmetic, or memory functions by the manipulations of electronic or magnetic impulses and includes all input, output, processing, storage, or communication facilities that are connected or related to the device. (5) "Computer network" means the interconnection of two or more computers or computer systems by satellite, microwave, line, or other communication medium with the capability to transmit information among the computers. (6) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data or perform specific functions. (7) "Computer services" means the product of the use of a computer, the information stored in the computer, or the personnel supporting the computer, including computer time, data processing, and storage functions. (8) "Computer system" means any combination of a computer or computer network with the documentation, computer software, or physical facilities supporting the computer or computer network. (9) "Computer software" means a set of computer programs, procedures, and associated documentation related to the operation of a computer, computer system, or computer network. (10) "Computer virus" means an unwanted computer program or other set of instructions inserted into a computer's memory, operating system, or program that is specifically constructed with the ability to replicate itself or to affect the other programs or files in the computer by attaching a copy of the unwanted program or other set of instructions to one or more computer programs or files. (10-a) "Critical infrastructure facility" means: (A) a chemical manufacturing facility; (B) a refinery; (C) an electrical power generating facility, substation, switching station, electrical control center, or electrical transmission or distribution facility; (D) a water intake structure, water treatment facility, wastewater treatment plant, or pump station; (E) a natural gas transmission compressor station; (F) a liquid natural gas terminal or storage facility; (G) a telecommunications central switching office; (H) a port, railroad switching yard, trucking terminal, or other freight transportation facility; (I) a gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas; (J) a transmission facility used by a federally licensed radio or television station; or (K) a cable television or video service provider headend. (11) "Data" means a representation of information, knowledge, facts, concepts, or instructions that is being prepared or has been prepared in a formalized manner and is intended to be stored or processed, is being stored or processed, or has been stored or processed in a computer. Data may be embodied in any form, including but not limited to computer printouts, magnetic storage media, laser storage media, and punchcards, or may be stored internally in the memory of the computer. (11-a) "Decryption," "decrypt," or "decrypted" means the decoding of encrypted communications or information, whether by use of a decryption key, by breaking an encryption formula or algorithm, or by the interference with a person's use of an encryption service in a manner that causes information or communications to be stored or transmitted without encryption. (12) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if: (A) induced by deception, as defined by Section 31.01, or induced by coercion; (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; (D) given solely to detect the commission of an offense; or (E) used for a purpose other than that for which the consent was given. (13) "Electric utility" has the meaning assigned by Section 31.002, Utilities Code. (13-a) "Encrypted private information" means encrypted data, documents, wire or electronic communications, or other information stored on a computer or computer system, whether in the possession of the owner or a provider of an electronic communications service or a remote computing service, and which has not been accessible to the public. (13-b) "Encryption," "encrypt," or "encrypted" means the encoding of data, documents, wire or electronic communications, or other information, using mathematical formulas or algorithms in order to preserve the confidentiality, integrity, or authenticity of, and prevent unauthorized access to, such information. (13-c) "Encryption service" means a computing service, a computer device, computer software, or technology with encryption capabilities, and includes any subsequent version of or update to an encryption service. (14) "Harm" includes partial or total alteration, damage, or erasure of stored data, interruption of computer services, introduction of a computer virus, or any other loss, disadvantage, or injury that might reasonably be suffered as a result of the actor's conduct. (14-a) "Identifying information" has the meaning assigned by Section 32.51. (15) "Owner" means a person who: (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; (B) has the right to restrict access to the property; or (C) is the licensee of data or computer software. (15-a) "Privileged information" means: (A) protected health information, as that term is defined by Section 182.002, Health and Safety Code; (B) information that is subject to the attorney-client privilege; or (C) information that is subject to the accountant-client privilege under Section 901.457, Occupations Code, or other law, if the information is on a computer, computer network, or computer system owned by a person possessing a license issued under Subchapter H, Chapter 901, Occupations Code. (16) "Property" means: (A) tangible or intangible personal property including a computer, computer system, computer network, computer software, or data; or (B) the use of a computer, computer system, computer network, computer software, or data.

PC 33.01. DEFINITIONS.

____________________: (a) A person commits an offense if the person knowingly accesses a computer, computer network, or computer system without the effective consent of the owner. (b) An offense under Subsection (a) is a Class B misdemeanor, except that the offense is a state jail felony if: (1) the defendant has been previously convicted two or more times of an offense under this chapter; or (2) the computer, computer network, or computer system is owned by the government or a critical infrastructure facility. (b-1) A person commits an offense if, with the intent to defraud or harm another or alter, damage, or delete property, the person knowingly accesses: (1) a computer, computer network, or computer system without the effective consent of the owner; or (2) a computer, computer network, or computer system: (A) that is owned by: (i) the government; or (ii) a business or other commercial entity engaged in a business activity; (B) in violation of: (i) a clear and conspicuous prohibition by the owner of the computer, computer network, or computer system; or (ii) a contractual agreement to which the person has expressly agreed; and (C) with the intent to obtain or use a file, data, or proprietary information stored in the computer, network, or system to defraud or harm another or alter, damage, or delete property. (b-2) An offense under Subsection (b-1) is: (1) a Class C misdemeanor if the aggregate amount involved is less than $100; (2) a Class B misdemeanor if the aggregate amount involved is $100 or more but less than $750; (3) a Class A misdemeanor if the aggregate amount involved is $750 or more but less than $2,500; (4) a state jail felony if the aggregate amount involved is $2,500 or more but less than $30,000; (5) a felony of the third degree if the aggregate amount involved is $30,000 or more but less than $150,000; (6) a felony of the second degree if: (A) the aggregate amount involved is $150,000 or more but less than $300,000; (B) the aggregate amount involved is any amount less than $300,000 and the computer, computer network, or computer system is owned by the government or a critical infrastructure facility; or (C) the actor obtains the identifying information of another by accessing only one computer, computer network, or computer system; or (7) a felony of the first degree if: (A) the aggregate amount involved is $300,000 or more; or (B) the actor obtains the identifying information of another by accessing more than one computer, computer network, or computer system. (c) When benefits are obtained, a victim is defrauded or harmed, or property is altered, damaged, or deleted in violation of this section, whether or not in a single incident, the conduct may be considered as one offense and the value of the benefits obtained and of the losses incurred because of the fraud, harm, or alteration, damage, or deletion of property may be aggregated in determining the grade of the offense. (d) A person who is subject to prosecution under this section and any other section of this code may be prosecuted under either or both sections. (e) It is a defense to prosecution under this section that the person acted with the intent to facilitate a lawful seizure or search of, or lawful access to, a computer, computer network, or computer system for a legitimate law enforcement purpose. (f) It is a defense to prosecution under Subsection (b-1)(2) that the actor's conduct consisted solely of action taken pursuant to a contract that was entered into with the owner of the computer, computer network, or computer system for the purpose of assessing the security of the computer, network, or system or providing other security-related services.

PC 33.02. BREACH OF COMPUTER SECURITY.

___________________: (a) In this section: (1) "Minor" means: (A) an individual who is younger than 17 years of age; or (B) an individual whom the actor believes to be younger than 17 years of age. (2) "Sexual contact," "sexual intercourse," and "deviate sexual intercourse" have the meanings assigned by Section 21.01. (3) "Sexually explicit" means any communication, language, or material, including a photographic or video image, that relates to or describes sexual conduct, as defined by Section 43.25. (b) A person who is 17 years of age or older commits an offense if, with the intent to commit an offense listed in Article 62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, intentionally: (1) communicates in a sexually explicit manner with a minor; or (2) distributes sexually explicit material to a minor. (c) A person commits an offense if the person, over the Internet, by electronic mail or text message or other electronic message service or system, or through a commercial online service, knowingly solicits a minor to meet another person, including the actor, with the intent that the minor will engage in sexual contact, sexual intercourse, or deviate sexual intercourse with the actor or another person. (d) It is not a defense to prosecution under Subsection (c) that the meeting did not occur. (e) It is a defense to prosecution under this section that at the time conduct described by Subsection (c) was committed: (1) the actor was married to the minor; or (2) the actor was not more than three years older than the minor and the minor consented to the conduct. (f) An offense under Subsection (b) is a felony of the third degree, except that the offense is a felony of the second degree if the minor is younger than 14 years of age or is an individual whom the actor believes to be younger than 14 years of age at the time of the commission of the offense. An offense under Subsection (c) is a felony of the second degree. (g) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

PC 33.021. ONLINE SOLICITATION OF A MINOR.

______________________: (a) A person commits an offense if the person, without obtaining the other person's consent and with the intent to harm, defraud, intimidate, or threaten any person, uses the name or persona of another person to: (1) create a web page on a commercial social networking site or other Internet website; or (2) post or send one or more messages on or through a commercial social networking site or other Internet website, other than on or through an electronic mail program or message board program. (b) A person commits an offense if the person sends an electronic mail, instant message, text message, or similar communication that references a name, domain address, phone number, or other item of identifying information belonging to any person: (1) without obtaining the other person's consent; (2) with the intent to cause a recipient of the communication to reasonably believe that the other person authorized or transmitted the communication; and (3) with the intent to harm or defraud any person. (c) An offense under Subsection (a) is a felony of the third degree. An offense under Subsection (b) is a Class A misdemeanor, except that the offense is a felony of the third degree if the actor commits the offense with the intent to solicit a response by emergency personnel. (d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. (e) It is a defense to prosecution under this section that the actor is any of the following entities or that the actor's conduct consisted solely of action taken as an employee of any of the following entities: (1) a commercial social networking site; (2) an Internet service provider; (3) an interactive computer service, as defined by 47 U.S.C. Section 230; (4) a telecommunications provider, as defined by Section 51.002, Utilities Code; or (5) a video service provider or cable service provider, as defined by Section 66.002, Utilities Code. (f) In this section: (1) "Commercial social networking site" means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users. The term does not include an electronic mail program or a message board program. (2) "Identifying information" has the meaning assigned by Section 32.51.

PC 33.07. ONLINE IMPERSONATION.

___________________: (a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or he coerces a witness or a prospective witness in an official proceeding: (1) to testify falsely; (2) to withhold any testimony, information, document, or thing; (3) to elude legal process summoning him to testify or supply evidence; (4) to absent himself from an official proceeding to which he has been legally summoned; or (5) to abstain from, discontinue, or delay the prosecution of another. (b) A witness or prospective witness in an official proceeding commits an offense if he knowingly solicits, accepts, or agrees to accept any benefit on the representation or understanding that he will do any of the things specified in Subsection (a). (c) It is a defense to prosecution under Subsection (a)(5) that the benefit received was: (1) reasonable restitution for damages suffered by the complaining witness as a result of the offense; and (2) a result of an agreement negotiated with the assistance or acquiescence of an attorney for the state who represented the state in the case. (d) An offense under this section is a felony of the third degree, except that if the official proceeding is part of the prosecution of a criminal case, an offense under this section is the same category of offense as the most serious offense charged in that criminal case. (e) Notwithstanding Subsection (d), if the most serious offense charged is a capital felony, an offense under this section is a felony of the first degree. (e-1) Notwithstanding Subsection (d), if the underlying official proceeding involves family violence, as defined by Section 71.004, Family Code, an offense under this section is the greater of: (1) a felony of the third degree; or (2) the most serious offense charged in the criminal case. (e-2) Notwithstanding Subsections (d) and (e-1), if the underlying official proceeding involves family violence, as defined by Section 71.004, Family Code, and it is shown at the trial of the offense that the defendant has previously been convicted of an offense involving family violence under the laws of this state or another state, an offense under this section is the greater of: (1) a felony of the second degree; or (2) the most serious offense charged in the criminal case. (e-3) For purposes of Subsection (a), a person is considered to coerce a witness or prospective witness if the person commits an act of family violence as defined by Section 71.004, Family Code, that is perpetrated, in part, with the intent to cause the witness's or prospective witness's unavailability or failure to comply and the offense is punishable under Subsection (e-1) or (e-2), as applicable. (f) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

PC 36.05. TAMPERING WITH WITNESS.

__________________: (a) A person commits an offense if the person is an officer, shareholder, partner, employee, agent, or independent contractor of a telecommunications service provider and the person knowingly and without authority uses or diverts telecommunications service for the person's own benefit or to the benefit of another. (b) An offense under this section is: (1) a Class B misdemeanor if the value of the telecommunications service used or diverted is less than $500; (2) a Class A misdemeanor if: (A) the value of the telecommunications service used or diverted is $500 or more but less than $1,500; or (B) the value of the telecommunications service used or diverted is less than $500 and the defendant has been previously convicted of an offense under this chapter; (3) a state jail felony if: (A) the value of the telecommunications service used or diverted is $1,500 or more but less than $20,000; or (B) the value of the telecommunications service used or diverted is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this chapter; (4) a felony of the third degree if the value of the telecommunications service used or diverted is $20,000 or more but less than $100,000; (5) a felony of the second degree if the value of the telecommunications service used or diverted is $100,000 or more but less than $200,000; or (6) a felony of the first degree if the value of the telecommunications service used or diverted is $200,000 or more. (c) When telecommunications service is used or diverted in violation of this section pursuant to one scheme or continuing course of conduct, whether or not in a single incident, the conduct may be considered as one offense and the values of the service used or diverted may be aggregated in determining the grade of the offense.

PC 33A.02. UNAUTHORIZED USE OF TELECOMMUNICATIONS SERVICE.

_____________________: (a) A person commits an offense if the person manufactures, possesses, delivers, offers to deliver, or advertises: (1) a counterfeit telecommunications device; or (2) a telecommunications device that is intended to be used to: (A) commit an offense under Section 33A.04; or (B) conceal the existence or place of origin or destination of a telecommunications service. (b) A person commits an offense if the person delivers, offers to deliver, or advertises plans, instructions, or materials for manufacture of: (1) a counterfeit telecommunications device; or (2) a telecommunications device that is intended to be used to commit an offense under Subsection (a). (c) An offense under this section is a felony of the third degree. (d) It is a defense to prosecution under this section that the person was an officer, agent, or employee of a telecommunications service provider who engaged in the conduct for the purpose of gathering information for a law enforcement investigation related to an offense under this chapter.

PC 33A.03. MANUFACTURE, POSSESSION, OR DELIVERY OF UNLAWFUL TELECOMMUNICATIONS DEVICE.

______________________: (a) A person commits an offense if the person knowingly obtains or attempts to obtain telecommunications service to avoid or cause another person to avoid a lawful charge for that service by using: (1) a telecommunications access device without the authority or consent of the subscriber or lawful holder of the device or pursuant to an agreement for an exchange of value with the subscriber or lawful holder of the device to allow another person to use the device; (2) a counterfeit telecommunications access device; (3) a telecommunications device or counterfeit telecommunications device; or (4) a fraudulent or deceptive scheme, pretense, method, or conspiracy, or other device or means, including a false, altered, or stolen identification. (b) An offense under this section is: (1) a Class B misdemeanor if the value of the telecommunications service obtained or attempted to be obtained is less than $500; (2) a Class A misdemeanor if: (A) the value of the telecommunications service obtained or attempted to be obtained is $500 or more but less than $1,500; or (B) the value of the telecommunications service obtained or attempted to be obtained is less than $500 and the defendant has been previously convicted of an offense under this chapter; (3) a state jail felony if: (A) the value of the telecommunications service obtained or attempted to be obtained is $1,500 or more but less than $20,000; or (B) the value of the telecommunications service obtained or attempted to be obtained is less than $1,500 and the defendant has been previously convicted two or more times of an offense under this chapter; (4) a felony of the third degree if the value of the telecommunications service obtained or attempted to be obtained is $20,000 or more but less than $100,000; (5) a felony of the second degree if the value of the telecommunications service obtained or attempted to be obtained is $100,000 or more but less than $200,000; or (6) a felony of the first degree if the value of the telecommunications service obtained or attempted to be obtained is $200,000 or more. (c) When telecommunications service is obtained or attempted to be obtained in violation of this section pursuant to one scheme or continuing course of conduct, whether or not in a single incident, the conduct may be considered as one offense and the values of the service obtained or attempted to be obtained may be aggregated in determining the grade of the offense.

PC 33A.04. THEFT OF TELECOMMUNICATIONS SERVICE.

__________________________: In this chapter: (1) "Custody" means: (A) detained or under arrest by a peace officer; or (B) under restraint by a public servant pursuant to an order of a court. (2) "Party official" means a person who holds any position or office in a political party, whether by election, appointment, or employment. (3) "Benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct and substantial interest. (4) "Vote" means to cast a ballot in an election regulated by law.

PC 36.01. DEFINITIONS.

______________: (a) A person commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits, accepts, or agrees to accept from another: (1) any benefit as consideration for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion as a public servant, party official, or voter; (2) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding; (3) any benefit as consideration for a violation of a duty imposed by law on a public servant or party official; or (4) any benefit that is a political contribution as defined by Title 15, Election Code, or that is an expenditure made and reported in accordance with Chapter 305, Government Code, if the benefit was offered, conferred, solicited, accepted, or agreed to pursuant to an express agreement to take or withhold a specific exercise of official discretion if such exercise of official discretion would not have been taken or withheld but for the benefit; notwithstanding any rule of evidence or jury instruction allowing factual inferences in the absence of certain evidence, direct evidence of the express agreement shall be required in any prosecution under this subdivision. (b) It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office or he lacked jurisdiction or for any other reason. (c) It is no defense to prosecution under this section that the benefit is not offered or conferred or that the benefit is not solicited or accepted until after: (1) the decision, opinion, recommendation, vote, or other exercise of discretion has occurred; or (2) the public servant ceases to be a public servant. (d) It is an exception to the application of Subdivisions (1), (2), and (3) of Subsection (a) that the benefit is a political contribution as defined by Title 15, Election Code, or an expenditure made and reported in accordance with Chapter 305, Government Code. (e) An offense under this section is a felony of the second degree.

PC 36.02. BRIBERY.

_________________________: . (a) A person commits an offense if by means of coercion he: (1) influences or attempts to influence a public servant in a specific exercise of his official power or a specific performance of his official duty or influences or attempts to influence a public servant to violate the public servant's known legal duty; or (2) influences or attempts to influence a voter not to vote or to vote in a particular manner. (b) An offense under this section is a Class A misdemeanor unless the coercion is a threat to commit a felony, in which event it is a felony of the third degree. (c) It is an exception to the application of Subsection (a)(1) of this section that the person who influences or attempts to influence the public servant is a member of the governing body of a governmental entity, and that the action that influences or attempts to influence the public servant is an official action taken by the member of the governing body. For the purposes of this subsection, the term "official action" includes deliberations by the governing body of a governmental entity.

PC 36.03. COERCION OF PUBLIC SERVANT OR VOTER

________________: (a) A person commits an offense if the person: (1) impersonates a public servant with intent to induce another to submit to the person's pretended official authority or to rely on the person's pretended official acts; or (2) knowingly purports to exercise, without legal authority, any function of a public servant or of a public office, including that of a judge and court. (b) An offense under this section is a felony of the third degree.

PC 37.11. IMPERSONATING PUBLIC SERVANT.

____________________: (a) A person commits an offense if the person intentionally or knowingly harms or threatens to harm another by an unlawful act: (1) in retaliation for or on account of the service or status of another as a: (A) public servant, witness, prospective witness, or informant; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime; or (2) to prevent or delay the service of another as a: (A) public servant, witness, prospective witness, or informant; or (B) person who has reported or who the actor knows intends to report the occurrence of a crime. (a-1) A person commits an offense if the person posts on a publicly accessible website the residence address or telephone number of an individual the actor knows is a public servant or a member of a public servant's family or household with the intent to cause harm or a threat of harm to the individual or a member of the individual's family or household in retaliation for or on account of the service or status of the individual as a public servant. (b) In this section: (1) "Honorably retired peace officer" means a peace officer who: (A) did not retire in lieu of any disciplinary action; (B) was eligible to retire from a law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the officer's employment with the agency; and (C) is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the officer does not offer a pension or annuity to its employees. (2) "Informant" means a person who has communicated information to the government in connection with any governmental function. (3) "Public servant" has the meaning assigned by Section 1.07, except that the term also includes an honorably retired peace officer. (c) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if: (1) the victim of the offense was harmed or threatened because of the victim's service or status as a juror; or (2) the actor's conduct is described by Subsection (a-1) and results in the bodily injury of a public servant or a member of a public servant's family or household. (d) For purposes of Subsection (a-1), it is prima facie evidence of the intent to cause harm or a threat of harm to an individual the person knows is a public servant or a member of a public servant's family or household if the actor: (1) receives a written demand from the individual to not disclose the address or telephone number for reasons of safety; and (2) either: (A) fails to remove the address or telephone number from the publicly accessible website within a period of 48 hours after receiving the demand; or (B) reposts the address or telephone number on the same or a different publicly accessible website, or makes the information publicly available through another medium, within a period of four years after receiving the demand, regardless of whether the individual is no longer a public servant.

PC 36.06. OBSTRUCTION OR RETALIATION.

________________: (a) A person commits an offense if he offers, confers, or agrees to confer any benefit on a public servant that he knows the public servant is prohibited by law from accepting. (b) An offense under this section is a Class A misdemeanor.

PC 36.09. OFFERING GIFT TO PUBLIC SERVANT.

_____________: . In this chapter: (1) "Court record" means a decree, judgment, order, subpoena, warrant, minutes, or other document issued by a court of: (A) this state; (B) another state; (C) the United States; (D) a foreign country recognized by an act of congress or a treaty or other international convention to which the United States is a party; (E) an Indian tribe recognized by the United States; or (F) any other jurisdiction, territory, or protectorate entitled to full faith and credit in this state under the United States Constitution. (2) "Governmental record" means: (A) anything belonging to, received by, or kept by government for information, including a court record; (B) anything required by law to be kept by others for information of government; (C) a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States; (D) a standard proof of motor vehicle liability insurance form described by Section 601.081, Transportation Code, a certificate of an insurance company described by Section 601.083 of that code, a document purporting to be such a form or certificate that is not issued by an insurer authorized to write motor vehicle liability insurance in this state, an electronic submission in a form described by Section 502.046(i), Transportation Code, or an evidence of financial responsibility described by Section 601.053 of that code; (E) an official ballot or other election record; or (F) the written documentation a mobile food unit is required to obtain under Section 437.0074, Health and Safety Code. (3) "Statement" means any representation of fact.

PC 37.01. DEFINITIONS

________________:. (a) A person commits an offense if, with intent to deceive and with knowledge of the statement's meaning: (1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or (2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code. (b) An offense under this section is a Class A misdemeanor.

PC 37.02. PERJURY

________________: . (a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement: (1) is made during or in connection with an official proceeding; and (2) is material. (b) An offense under this section is a felony of the third degree.

PC 37.03. AGGRAVATED PERJURY

__________________: (a) A statement is material, regardless of the admissibility of the statement under the rules of evidence, if it could have affected the course or outcome of the official proceeding. (b) It is no defense to prosecution under Section 37.03 (Aggravated Perjury) that the declarant mistakenly believed the statement to be immaterial. (c) Whether a statement is material in a given factual situation is a question of law.

PC 37.04. MATERIALITY.

________________: (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to: (1) a peace officer or federal special investigator conducting the investigation; (2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation; or (3) a corrections officer or jailer. (b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure. (c) An offense under this section is a Class B misdemeanor.

PC 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, LAW ENFORCEMENT EMPLOYEE, CORRECTIONS OFFICER, OR JAILER.

_______________: (a) A person commits an offense if, with intent to deceive, the person knowingly: (1) files a false report of a missing child or missing person with a law enforcement officer or agency; or (2) makes a false statement to a law enforcement officer or other employee of a law enforcement agency relating to a missing child or missing person. (b) An offense under this section is a Class C misdemeanor.

PC 37.081. FALSE REPORT REGARDING MISSING CHILD OR MISSING PERSON.

_________________________: (a) A person commits an offense if, knowing that an investigation or official proceeding is pending or in progress, he: (1) alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in the investigation or official proceeding; or (2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent to affect the course or outcome of the investigation or official proceeding. (b) This section shall not apply if the record, document, or thing concealed is privileged or is the work product of the parties to the investigation or official proceeding. (c) An offense under Subsection (a) or Subsection (d)(1) is a felony of the third degree, unless the thing altered, destroyed, or concealed is a human corpse, in which case the offense is a felony of the second degree. An offense under Subsection (d)(2) is a Class A misdemeanor. (c-1) It is a defense to prosecution under Subsection (a) or (d)(1) that the record, document, or thing was visual material prohibited under Section 43.261 that was destroyed as described by Subsection (f)(3)(B) of that section. (d) A person commits an offense if the person: (1) knowing that an offense has been committed, alters, destroys, or conceals any record, document, or thing with intent to impair its verity, legibility, or availability as evidence in any subsequent investigation of or official proceeding related to the offense; or (2) observes a human corpse under circumstances in which a reasonable person would believe that an offense had been committed, knows or reasonably should know that a law enforcement agency is not aware of the existence of or location of the corpse, and fails to report the existence of and location of the corpse to a law enforcement agency. (e) In this section, "human corpse" has the meaning assigned by Section 42.08.

PC 37.09. TAMPERING WITH OR FABRICATING PHYSICAL EVIDENCE.

__________________: (a) A person commits an offense if he: (1) knowingly makes a false entry in, or false alteration of, a governmental record; (2) makes, presents, or uses any record, document, or thing with knowledge of its falsity and with intent that it be taken as a genuine governmental record; (3) intentionally destroys, conceals, removes, or otherwise impairs the verity, legibility, or availability of a governmental record; (4) possesses, sells, or offers to sell a governmental record or a blank governmental record form with intent that it be used unlawfully; (5) makes, presents, or uses a governmental record with knowledge of its falsity; or (6) possesses, sells, or offers to sell a governmental record or a blank governmental record form with knowledge that it was obtained unlawfully. (b) It is an exception to the application of Subsection (a)(3) that the governmental record is destroyed pursuant to legal authorization or transferred under Section 441.204, Government Code. With regard to the destruction of a local government record, legal authorization includes compliance with the provisions of Subtitle C, Title 6, Local Government Code. (c)(1) Except as provided by Subdivisions (2), (3), and (4) and by Subsection (d), an offense under this section is a Class A misdemeanor unless the actor's intent is to defraud or harm another, in which event the offense is a state jail felony. (2) An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the governmental record was: (A) a public school record, report, or assessment instrument required under Chapter 39, Education Code, data reported for a school district or open-enrollment charter school to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law or rule requiring that reporting, or a license, certificate, permit, seal, title, letter of patent, or similar document issued by government, by another state, or by the United States, unless the actor's intent is to defraud or harm another, in which event the offense is a felony of the second degree; (B) a written report of a medical, chemical, toxicological, ballistic, or other expert examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action; (C) a written report of the certification, inspection, or maintenance record of an instrument, apparatus, implement, machine, or other similar device used in the course of an examination or test performed on physical evidence for the purpose of determining the connection or relevance of the evidence to a criminal action; or (D) a search warrant issued by a magistrate. (3) An offense under this section is a Class C misdemeanor if it is shown on the trial of the offense that the governmental record is a governmental record that is required for enrollment of a student in a school district and was used by the actor to establish the residency of the student. (4) An offense under this section is a Class B misdemeanor if it is shown on the trial of the offense that the governmental record is a written appraisal filed with an appraisal review board under Section 41.43(a-1), Tax Code, that was performed by a person who had a contingency interest in the outcome of the appraisal review board hearing. (d) An offense under this section, if it is shown on the trial of the offense that the governmental record is described by Section 37.01(2)(D), is: (1) a Class B misdemeanor if the offense is committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is convicted of presenting or using the record; (2) a felony of the third degree if the offense is committed under: (A) Subsection (a)(1), (3), (4), or (6); or (B) Subsection (a)(2) or (5) and the defendant is convicted of making the record; and (3) a felony of the second degree, notwithstanding Subdivisions (1) and (2), if the actor's intent in committing the offense was to defraud or harm another. (e) It is an affirmative defense to prosecution for possession under Subsection (a)(6) that the possession occurred in the actual discharge of official duties as a public servant. (f) It is a defense to prosecution under Subsection (a)(1), (a)(2), or (a)(5) that the false entry or false information could have no effect on the government's purpose for requiring the governmental record. (g) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more of the same type of governmental records or blank governmental record forms and if each governmental record or blank governmental record form is a license, certificate, permit, seal, title, or similar document issued by government. (h) If conduct that constitutes an offense under this section also constitutes an offense under Section 32.48 or 37.13, the actor may be prosecuted under any of those sections. (i) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program. (j) It is not a defense to prosecution under Subsection (a)(2) that the record, document, or thing made, presented, or used displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or another substantially similar statement intended to alert a person to the falsity of the record, document, or thing, unless the record, document, or thing displays the statement diagonally printed clearly and indelibly on both the front and back of the record, document, or thing in solid red capital letters at least one-fourth inch in height.

PC 37.10. TAMPERING WITH GOVERNMENTAL RECORD.

____________________:. In this chapter: (1) "Custody" means: (A) under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States; or (B) under restraint by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses. (2) "Escape" means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility. (3) "Economic benefit" means anything reasonably regarded as an economic gain or advantage, including accepting or offering to accept employment for a fee, accepting or offering to accept a fee, entering into a fee contract, or accepting or agreeing to accept money or anything of value. (4) "Finance" means to provide funds or capital or to furnish with necessary funds. (5) "Fugitive from justice" means a person for whom a valid arrest warrant has been issued. (6) "Governmental function" includes any activity that a public servant is lawfully authorized to undertake on behalf of government. (7) "Invest funds" means to commit money to earn a financial return. (8) "Member of the family" means anyone related within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code. (9) "Qualified nonprofit organization" means a nonprofit organization that meets the following conditions: (A) the primary purposes of the organization do not include the rendition of legal services or education regarding legal services; (B) the recommending, furnishing, paying for, or educating persons regarding legal services is incidental and reasonably related to the primary purposes of the organization; (C) the organization does not derive a financial benefit from the rendition of legal services by a lawyer; and (D) the person for whom the legal services are rendered, and not the organization, is recognized as the client of a lawyer. (10) "Public media" means a telephone directory or legal directory, newspaper or other periodical, billboard or other sign, radio or television broadcast, recorded message the public may access by dialing a telephone number, or a written communication not prohibited by Section 38.12(d). (11) "Solicit employment" means to communicate in person or by telephone with a prospective client or a member of the prospective client's family concerning professional employment within the scope of a professional's license, registration, or certification arising out of a particular occurrence or event, or series of occurrences or events, or concerning an existing problem of the prospective client within the scope of the professional's license, registration, or certification, for the purpose of providing professional services to the prospective client, when neither the person receiving the communication nor anyone acting on that person's behalf has requested the communication. The term does not include a communication initiated by a family member of the person receiving a communication, a communication by a professional who has a prior or existing professional-client relationship with the person receiving the communication, or communication by an attorney for a qualified nonprofit organization with the organization's members for the purpose of educating the organization's members to understand the law, to recognize legal problems, to make intelligent selection of legal counsel, or to use available legal services. The term does not include an advertisement by a professional through public media. (12) "Professional" means an attorney, chiropractor, physician, surgeon, private investigator, or any other person licensed, certified, or registered by a state agency that regulates a health care profession.

PC 38.01. DEFINITIONS.

_____________________: (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information. (b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has: (1) lawfully arrested the person; (2) lawfully detained the person; or (3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense. (c) Except as provided by Subsections (d) and (e), an offense under this section is: (1) a Class C misdemeanor if the offense is committed under Subsection (a); or (2) a Class B misdemeanor if the offense is committed under Subsection (b). (d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is: (1) a Class B misdemeanor if the offense is committed under Subsection (a); or (2) a Class A misdemeanor if the offense is committed under Subsection (b). (e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.

PC 38.02. FAILURE TO IDENTIFY

________________________: (a) A person commits an offense if he intentionally prevents or obstructs a person he knows is a peace officer or a person acting in a peace officer's presence and at his direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another. (b) It is no defense to prosecution under this section that the arrest or search was unlawful. (c) Except as provided in Subsection (d), an offense under this section is a Class A misdemeanor. (d) An offense under this section is a felony of the third degree if the actor uses a deadly weapon to resist the arrest or search.

PC 38.03. RESISTING ARREST, SEARCH, OR TRANSPORTATION.

_______________________: (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him. Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 839 (H.B. 3423), Sec. 4, and Ch. 391, Sec. 1 (b) An offense under this section is a Class A misdemeanor, except that the offense is: (1) a state jail felony if: (A) the actor has been previously convicted under this section; or (B) the actor uses a vehicle or watercraft while the actor is in flight and the actor has not been previously convicted under this section; (2) a felony of the third degree if: (A) the actor uses a vehicle or watercraft while the actor is in flight and the actor has been previously convicted under this section; or (B) another suffers serious bodily injury as a direct result of an attempt by the officer or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight; or (3) a felony of the second degree if another suffers death as a direct result of an attempt by the officer or investigator from whom the actor is fleeing to apprehend the actor while the actor is in flight. Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 920 (S.B. 1416), Sec. 3 (b) An offense under this section is a Class A misdemeanor, except that the offense is: (1) a state jail felony if the actor has been previously convicted under this section; (2) a felony of the third degree if: (A) the actor uses a vehicle while the actor is in flight; (B) another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or (C) the actor uses a tire deflation device against the officer while the actor is in flight; or (3) a felony of the second degree if: (A) another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or (B) another suffers serious bodily injury as a direct result of the actor's use of a tire deflation device while the actor is in flight. (c) In this section: (1) "Vehicle" has the meaning assigned by Section 541.201, Transportation Code. (2) "Tire deflation device" has the meaning assigned by Section 46.01. (3) "Watercraft" has the meaning assigned by Section 49.01. (d) A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law.

PC 38.04. EVADING ARREST OR DETENTION.

_________________: (a) A person commits an offense if, with intent to hinder the arrest, prosecution, conviction, or punishment of another for an offense or, with intent to hinder the arrest, detention, adjudication, or disposition of a child for engaging in delinquent conduct that violates a penal law of the state, or with intent to hinder the arrest of another under the authority of a warrant or capias, he: (1) harbors or conceals the other; (2) provides or aids in providing the other with any means of avoiding arrest or effecting escape; or (3) warns the other of impending discovery or apprehension. (b) It is a defense to prosecution under Subsection (a)(3) that the warning was given in connection with an effort to bring another into compliance with the law. (c) Except as provided by Subsection (d), an offense under this section is a Class A misdemeanor. (d) An offense under this section is a felony of the third degree if the person who is harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, including an offense under Section 62.102, Code of Criminal Procedure, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony, including an offense under Section 62.102, Code of Criminal Procedure, and the person charged under this section knew that the person they harbored, concealed, provided with a means of avoiding arrest or effecting escape, or warned of discovery or apprehension is under arrest for, charged with, or convicted of a felony, or is in custody or detention for, is alleged in a petition to have engaged in, or has been adjudicated as having engaged in delinquent conduct that violates a penal law of the grade of felony.

PC 38.05. HINDERING APPREHENSION OR PROSECUTION.

______________: (a) A person commits an offense if the person escapes from custody when the person is: (1) under arrest for, lawfully detained for, charged with, or convicted of an offense; (2) in custody pursuant to a lawful order of a court; (3) detained in a secure detention facility, as that term is defined by Section 51.02, Family Code; or (4) in the custody of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code. (b) Except as provided in Subsections (c), (d), and (e), an offense under this section is a Class A misdemeanor. (c) An offense under this section is a felony of the third degree if the actor: (1) is under arrest for, charged with, or convicted of a felony; (2) is confined or lawfully detained in a secure correctional facility or law enforcement facility; or (3) is committed to or lawfully detained in a secure correctional facility, as defined by Section 51.02, Family Code, other than a halfway house, operated by or under contract with the Texas Juvenile Justice Department. (d) An offense under this section is a felony of the second degree if the actor to effect his escape causes bodily injury. (e) An offense under this section is a felony of the first degree if to effect his escape the actor: (1) causes serious bodily injury; or (2) uses or threatens to use a deadly weapon.

PC 38.06. ESCAPE.

_______________: (a) A person commits an offense if he intentionally hinders an official proceeding by noise or violent or tumultuous behavior or disturbance. (b) A person commits an offense if he recklessly hinders an official proceeding by noise or violent or tumultuous behavior or disturbance and continues after explicit official request to desist. (c) An offense under this section is a Class A misdemeanor.

PC 38.13. HINDERING PROCEEDINGS BY DISORDERLY CONDUCT.

_______________: (a) In this section: (1) "Firearm" has the meanings assigned by Section 46.01. (2) "Stun gun" means a device designed to propel darts or other projectiles attached to wires that, on contact, will deliver an electrical pulse capable of incapacitating a person. (3) "Commissioned security officer" has the meaning assigned by Section 1702.002(5), Occupations Code. (b) A person commits an offense if the person intentionally or knowingly and with force takes or attempts to take from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer the officer's, investigator's, employee's, or official's firearm, nightstick, stun gun, or personal protection chemical dispensing device. (c) The actor is presumed to have known that the peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer was a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer if: (1) the officer, investigator, employee, or official was wearing a distinctive uniform or badge indicating his employment; or (2) the officer, investigator, employee, or official identified himself as a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer. (d) It is a defense to prosecution under this section that the defendant took or attempted to take the weapon from a peace officer, federal special investigator, employee or official of a correctional facility, parole officer, community supervision and corrections department officer, or commissioned security officer who was using force against the defendant or another in excess of the amount of force permitted by law. (e) An offense under this section is: (1) a felony of the third degree, if the defendant took a weapon described by Subsection (b) from an officer, investigator, employee, or official described by that subsection; and (2) a state jail felony, if the defendant attempted to take a weapon described by Subsection (b) from an officer, investigator, employee, or official described by that subsection.

PC 38.14. TAKING OR ATTEMPTING TO TAKE WEAPON FROM PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, EMPLOYEE OR OFFICIAL OF CORRECTIONAL FACILITY, PAROLE OFFICER, COMMUNITY SUPERVISION AND CORRECTIONS DEPARTMENT OFFICER, OR COMMISSIONED SECURITY OFFICER.

___________________________: (a) A person commits an offense if the person with criminal negligence interrupts, disrupts, impedes, or otherwise interferes with: (1) a peace officer while the peace officer is performing a duty or exercising authority imposed or granted by law; (2) a person who is employed to provide emergency medical services including the transportation of ill or injured persons while the person is performing that duty; (3) a fire fighter, while the fire fighter is fighting a fire or investigating the cause of a fire; (4) an animal under the supervision of a peace officer, corrections officer, or jailer, if the person knows the animal is being used for law enforcement, corrections, prison or jail security, or investigative purposes; (5) the transmission of a communication over a citizen's band radio channel, the purpose of which communication is to inform or inquire about an emergency; (6) an officer with responsibility for animal control in a county or municipality, while the officer is performing a duty or exercising authority imposed or granted under Chapter 821 or 822, Health and Safety Code; or (7) a person who: (A) has responsibility for assessing, enacting, or enforcing public health, environmental, radiation, or safety measures for the state or a county or municipality; (B) is investigating a particular site as part of the person's responsibilities under Paragraph (A); (C) is acting in accordance with policies and procedures related to the safety and security of the site described by Paragraph (B); and (D) is performing a duty or exercising authority imposed or granted under the Agriculture Code, Health and Safety Code, Occupations Code, or Water Code. (b) An offense under this section is a Class B misdemeanor. (c) It is a defense to prosecution under Subsection (a)(1) that the conduct engaged in by the defendant was intended to warn a person operating a motor vehicle of the presence of a peace officer who was enforcing Subtitle C, Title 7, Transportation Code. (d) It is a defense to prosecution under this section that the interruption, disruption, impediment, or interference alleged consisted of speech only. (d-1) Except as provided by Subsection (d-2), in a prosecution for an offense under Subsection (a)(1), there is a rebuttable presumption that the actor interferes with a peace officer if it is shown on the trial of the offense that the actor intentionally disseminated the home address, home telephone number, emergency contact information, or social security number of the officer or a family member of the officer or any other information that is specifically described by Section 552.117(a), Government Code. (d-2) The presumption in Subsection (d-1) does not apply to information disseminated by: (1) a radio or television station that holds a license issued by the Federal Communications Commission; or (2) a newspaper that is: (A) a free newspaper of general circulation or qualified to publish legal notices; (B) published at least once a week; and (C) available and of interest to the general public. (e) In this section, "emergency" means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury or in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of damage or destruction.

PC 38.15. INTERFERENCE WITH PUBLIC DUTIES.

_________________: (a) In this section: (1) "Area of control" includes a vehicle, trailer, kennel, pen, or yard. (2) "Handler or rider" means a peace officer, corrections officer, or jailer who is specially trained to use a police service animal for law enforcement, corrections, prison or jail security, or investigative purposes. (3) "Police service animal" means a dog, horse, or other domesticated animal that is specially trained for use by a handler or rider. (b) A person commits an offense if the person recklessly: (1) taunts, torments, or strikes a police service animal; (2) throws an object or substance at a police service animal; (3) interferes with or obstructs a police service animal or interferes with or obstructs the handler or rider of a police service animal in a manner that: (A) inhibits or restricts the handler's or rider's control of the animal; or (B) deprives the handler or rider of control of the animal; (4) releases a police service animal from its area of control; (5) enters the area of control of a police service animal without the effective consent of the handler or rider, including placing food or any other object or substance into that area; (6) injures or kills a police service animal; or (7) engages in conduct likely to injure or kill a police service animal, including administering or setting a poison, trap, or any other object or substance. (c) An offense under this section is: (1) a Class C misdemeanor if the person commits an offense under Subsection (b)(1); (2) a Class B misdemeanor if the person commits an offense under Subsection (b)(2); (3) a Class A misdemeanor if the person commits an offense under Subsection (b)(3), (4), or (5); (4) except as provided by Subdivision (5), a state jail felony if the person commits an offense under Subsection (b)(6) or (7) by injuring a police service animal or by engaging in conduct likely to injure the animal; or (5) a felony of the second degree if the person commits an offense under Subsection (b)(6) or (7) by: (A) killing a police service animal or engaging in conduct likely to kill the animal; (B) injuring a police service animal in a manner that materially and permanently affects the ability of the animal to perform as a police service animal; or (C) engaging in conduct likely to injure a police service animal in a manner that would materially and permanently affect the ability of the animal to perform as a police service animal.

PC 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS.

_________________: (a) A person, other than a person who has a relationship with a child described by Section 22.04(b), commits an offense if: (1) the actor observes the commission or attempted commission of an offense prohibited by Section 21.02 or 22.021(a)(2)(B) under circumstances in which a reasonable person would believe that an offense of a sexual or assaultive nature was being committed or was about to be committed against the child; (2) the actor fails to assist the child or immediately report the commission of the offense to a peace officer or law enforcement agency; and (3) the actor could assist the child or immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death. (b) An offense under this section is a Class A misdemeanor.

PC 38.17. FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD.

___________________: (a) A person commits an offense if the person: (1) observes the commission of a felony under circumstances in which a reasonable person would believe that an offense had been committed in which serious bodily injury or death may have resulted; and (2) fails to immediately report the commission of the offense to a peace officer or law enforcement agency under circumstances in which: (A) a reasonable person would believe that the commission of the offense had not been reported; and (B) the person could immediately report the commission of the offense without placing himself or herself in danger of suffering serious bodily injury or death. (b) An offense under this section is a Class A misdemeanor.

PC 38.171. FAILURE TO REPORT FELONY.

______________________: In this chapter: (1) "Law relating to a public servant's office or employment" means a law that specifically applies to a person acting in the capacity of a public servant and that directly or indirectly: (A) imposes a duty on the public servant; or (B) governs the conduct of the public servant. (2) "Misuse" means to deal with property contrary to: (A) an agreement under which the public servant holds the property; (B) a contract of employment or oath of office of a public servant; (C) a law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property; or (D) a limited purpose for which the property is delivered or received.

PC 39.01. DEFINITIONS.

_______________: (a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly: (1) violates a law relating to the public servant's office or employment; or (2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant's custody or possession by virtue of the public servant's office or employment. (b) An offense under Subsection (a)(1) is a Class A misdemeanor. (c) An offense under Subsection (a)(2) is: (1) a Class C misdemeanor if the value of the use of the thing misused is less than $100; (2) a Class B misdemeanor if the value of the use of the thing misused is $100 or more but less than $750; (3) a Class A misdemeanor if the value of the use of the thing misused is $750 or more but less than $2,500; (4) a state jail felony if the value of the use of the thing misused is $2,500 or more but less than $30,000; (5) a felony of the third degree if the value of the use of the thing misused is $30,000 or more but less than $150,000; (6) a felony of the second degree if the value of the use of the thing misused is $150,000 or more but less than $300,000; or (7) a felony of the first degree if the value of the use of the thing misused is $300,000 or more. (d) A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the government for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for a governmental entity. (e) If separate transactions that violate Subsection (a)(2) are conducted pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the use of the things misused in the transactions may be aggregated in determining the classification of the offense. (f) The value of the use of a thing of value misused under Subsection (a)(2) may not exceed: (1) the fair market value of the thing at the time of the offense; or (2) if the fair market value of the thing cannot be ascertained, the cost of replacing the thing within a reasonable time after the offense.

PC 39.02. ABUSE OF OFFICIAL CAPACITY.

__________________: (a) In this section "9-1-1 service" and "public safety answering point" or "PSAP" have the meanings assigned by Section 771.001, Health and Safety Code. (b) A person commits an offense if the person makes a call to a 9-1-1 service, or requests 9-1-1 service using an electronic communications device, when there is not an emergency and knowingly or intentionally: (1) remains silent; or (2) makes abusive or harassing statements to a PSAP employee. (c) A person commits an offense if the person knowingly permits an electronic communications device, including a telephone, under the person's control to be used by another person in a manner described in Subsection (b). (d) An offense under this section is a Class B misdemeanor.

PC 42.061. SILENT OR ABUSIVE CALLS TO 9-1-1 SERVICE.

______________: (a) A public servant acting under color of his office or employment commits an offense if he: (1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful; (2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or (3) intentionally subjects another to sexual harassment. (b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity. (c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly. (d) An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law requiring that reporting.

PC 39.03. OFFICIAL OPPRESSION.

__________________: (a) A public servant commits an offense if, in reliance on information to which the public servant has access by virtue of the person's office or employment and that has not been made public, the person: (1) acquires or aids another to acquire a pecuniary interest in any property, transaction, or enterprise that may be affected by the information; (2) speculates or aids another to speculate on the basis of the information; or (3) as a public servant, including as a school administrator, coerces another into suppressing or failing to report that information to a law enforcement agency. (b) A public servant commits an offense if with intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that: (1) he has access to by means of his office or employment; and (2) has not been made public. (c) A person commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he solicits or receives from a public servant information that: (1) the public servant has access to by means of his office or employment; and (2) has not been made public. (d) In this section, "information that has not been made public" means any information to which the public does not generally have access, and that is prohibited from disclosure under Chapter 552, Government Code. (e) Except as provided by Subsection (f), an offense under this section is a felony of the third degree. (f) An offense under Subsection (a)(3) is a Class C misdemeanor.

PC 39.06. MISUSE OF OFFICIAL INFORMATION.

__________________: (a) A person commits an offense if he intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an immediate breach of the peace; (3) creates, by chemical means, a noxious and unreasonable odor in a public place; (4) abuses or threatens a person in a public place in an obviously offensive manner; (5) makes unreasonable noise in a public place other than a sport shooting range, as defined by Section 250.001, Local Government Code, or in or near a private residence that he has no right to occupy; (6) fights with another in a public place; (7) discharges a firearm in a public place other than a public road or a sport shooting range, as defined by Section 250.001, Local Government Code; (8) displays a firearm or other deadly weapon in a public place in a manner calculated to alarm; (9) discharges a firearm on or across a public road; (10) exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or (11) for a lewd or unlawful purpose: (A) enters on the property of another and looks into a dwelling on the property through any window or other opening in the dwelling; (B) while on the premises of a hotel or comparable establishment, looks into a guest room not the person's own through a window or other opening in the room; or (C) while on the premises of a public place, looks into an area such as a restroom or shower stall or changing or dressing room that is designed to provide privacy to a person using the area. (a-1) For purposes of Subsection (a), the term "public place" includes a public school campus or the school grounds on which a public school is located. (b) It is a defense to prosecution under Subsection (a)(4) that the actor had significant provocation for his abusive or threatening conduct. (c) For purposes of this section: (1) an act is deemed to occur in a public place or near a private residence if it produces its offensive or proscribed consequences in the public place or near a private residence; and (2) a noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a magistrate or peace officer that the noise is a public nuisance. (d) An offense under this section is a Class C misdemeanor unless committed under Subsection (a)(7) or (a)(8), in which event it is a Class B misdemeanor. (e) It is a defense to prosecution for an offense under Subsection (a)(7) or (9) that the person who discharged the firearm had a reasonable fear of bodily injury to the person or to another by a dangerous wild animal as defined by Section 822.101, Health and Safety Code. (f) Subsections (a)(1), (2), (3), (5), and (6) do not apply to a person who, at the time the person engaged in conduct prohibited under the applicable subdivision, was a student younger than 12 years of age, and the prohibited conduct occurred at a public school campus during regular school hours. (g) Noise arising from space flight activities, as defined by Section 100A.001, Civil Practice and Remedies Code, if lawfully conducted, does not constitute "unreasonable noise" for purposes of this section.

PC 42.01. DISORDERLY CONDUCT.

___________: (a) For the purpose of this section, "riot" means the assemblage of seven or more persons resulting in conduct which: (1) creates an immediate danger of damage to property or injury to persons; (2) substantially obstructs law enforcement or other governmental functions or services; or (3) by force, threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right. (b) A person commits an offense if he knowingly participates in a riot. (c) It is a defense to prosecution under this section that the assembly was at first lawful and when one of those assembled manifested an intent to engage in conduct enumerated in Subsection (a), the actor retired from the assembly. (d) It is no defense to prosecution under this section that another who was a party to the riot has been acquitted, has not been arrested, prosecuted, or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution. (e) Except as provided in Subsection (f), an offense under this section is a Class B misdemeanor. (f) An offense under this section is an offense of the same classification as any offense of a higher grade committed by anyone engaged in the riot if the offense was: (1) in the furtherance of the purpose of the assembly; or (2) an offense which should have been anticipated as a result of the assembly.

PC 42.02. RIOT.

__________________: (a) A person commits an offense if, without legal privilege or authority, he intentionally, knowingly, or recklessly: (1) obstructs a highway, street, sidewalk, railway, waterway, elevator, aisle, hallway, entrance, or exit to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles, or conveyances, regardless of the means of creating the obstruction and whether the obstruction arises from his acts alone or from his acts and the acts of others; or (2) disobeys a reasonable request or order to move issued by a person the actor knows to be or is informed is a peace officer, a fireman, or a person with authority to control the use of the premises: (A) to prevent obstruction of a highway or any of those areas mentioned in Subdivision (1); or (B) to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard. (b) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous. (c) An offense under this section is a Class B misdemeanor.

PC 42.03. OBSTRUCTING HIGHWAY OR OTHER PASSAGEWAY.

_______________: (a) A person commits an offense if, with intent to prevent or disrupt a lawful meeting, procession, or gathering, he obstructs or interferes with the meeting, procession, or gathering by physical action or verbal utterance. (b) An offense under this section is a Class B misdemeanor.

PC 42.05. DISRUPTING MEETING OR PROCESSION.

______________: (a) In this section: (1) "Facility" means a building at which any portion of a funeral service takes place, including a funeral parlor, mortuary, private home, or established place of worship. (2) "Funeral service" means a ceremony, procession, or memorial service, including a wake or viewing, held in connection with the burial or cremation of the dead. (3) "Picketing" means: (A) standing, sitting, or repeated walking, riding, driving, or other similar action by a person displaying or carrying a banner, placard, or sign; (B) engaging in loud singing, chanting, whistling, or yelling, with or without noise amplification through a device such as a bullhorn or microphone; or (C) blocking access to a facility or cemetery being used for a funeral service. (b) A person commits an offense if, during the period beginning three hours before the service begins and ending three hours after the service is completed, the person engages in picketing within 1,000 feet of a facility or cemetery being used for a funeral service. (c) An offense under this section is a Class B misdemeanor.

PC 42.055. FUNERAL SERVICE DISRUPTIONS.

_______________________:In this chapter: (1) "Habitation" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes: (A) each separately secured or occupied portion of the structure or vehicle; and (B) each structure appurtenant to or connected with the structure or vehicle. (2) "Building" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use. (3) "Vehicle" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation." (4) "Controlled substance" has the meaning assigned by Section 481.002, Health and Safety Code. (5) "Wholesale distributor of prescription drugs" means a wholesale distributor, as defined by Section 431.401, Health and Safety Code.

PC Sec. 30.01. DEFINITIONS.

PC 39.03. OFFICIAL OPPRESSION. (a) A public servant acting under color of his office or employment commits an offense if he: (1) __________ subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful; (2) __________ denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or (3) __________ subjects another to sexual harassment. (b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity. (c) In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person's exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly. (d) An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Sections 48.008 and 48.009, Education Code, under a law requiring that reporting.

intentionally

PC 38.02. FAILURE TO IDENTIFY (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has ______________________ the person and requested the information.

lawfully arrested